[1]
State Law Reference: As to certain violations
concerning an accused with special needs, § 479.040, RSMo.
The City of Gallatin hereby elects
to have all violations of its municipal ordinances heard and determined
by an Associate Circuit Judge of the Circuit Court of Daviess County,
Missouri, the County in which the City of Gallatin is located.
The Division of the Circuit Court
of Daviess County, Missouri, which hears and determines violations
of the ordinances of the City of Gallatin shall be known as the "Municipal
Division of the Circuit Court of Daviess County, Missouri."
The rules governing the procedure
and practice in the Municipal Court shall be those established and
promulgated by the Supreme Court of Missouri on July 1, 1959, and
such subsequent rules as the Supreme Court shall from time to time
establish and promulgate; and any provision in these ordinances which
shall be in conflict with such rules is hereby repealed.
The Associate Circuit Judge may establish
a Violations Bureau in the City of Gallatin, and shall establish such
a Bureau when a request therefor is made by the Board of Aldermen
of the City of Gallatin. The Violations Bureau shall operate under
the supervision of the Circuit Court, and the Associate Circuit Judge
hearing and determining violations of the ordinances of the City of
Gallatin, and shall be operated in accordance with the rules of the
Supreme Court and the rules of the Circuit Court. All expenses incident
to the operation of the Violations Bureau, including salaries of clerical
personnel, shall be paid by the City of Gallatin. The City shall provide
suitable quarters for the Violations Bureau. The Violations Bureau
shall accept pleas of guilty to certain violations of traffic ordinances
designated by the Associate Circuit Judge and shall accept payments
of fines established by the Associate Circuit Judge and Court costs
assessed on said pleas of guilty.
All prosecutions for the violation
of City ordinances shall be instituted by information and may be based
upon a complaint. Proceedings shall be in accordance with the Supreme
Court Rule governing practices and procedures in proceedings before
Municipal Judges.
In the trial of violations of the
ordinances of the City, a copy of a City ordinance which is certified
by the Clerk of the City shall constitute prima facie evidence of
such ordinance. If such certified copy is on file with the Clerk of
the Municipal Division and readily available for inspection by the
parties, the Judge may take judicial notice of such ordinance without
further proof.
When a fine is assessed for violation
of an ordinance, it shall be within the discretion of the Judge assessing
the fine to provide for the payment of the fine on an installment
basis under such terms and conditions as he/she may deem appropriate.
A.
In addition to any fine that may be imposed
by the Municipal Judge in any case filed in the City of Gallatin Municipal
Division of the Circuit Court of Daviess County, Missouri, and in
addition to all other fees authorized or required by law, there shall
be assessed as costs the following:
1.
Costs of Court in the amount of fifteen
dollars ($15.00).
2.
Police Officer Training Fee. A fee
of three dollars ($3.00) is hereby established and assessed as additional
Court costs in each Court proceeding, except that no such fee shall
be collected when the proceedings against the defendant have been
dismissed.
a.
Two dollars ($2.00) of each such
Court cost shall be transmitted monthly to the Treasurer of the City
or other official collecting monies due the City, and used to pay
for Police Officer training as provided by Sections 590.100 to 590.180,
RSMo. The City shall not retain for training purposes more than one
thousand five hundred dollars ($1,500.00) of such funds for each certified
Police Officer or candidate for certification employed by the City.
Any excess funds shall be transmitted quarterly to the City's General
Fund.
b.
One dollar ($1.00) of each such Court
cost shall be sent to the State Treasury to the credit of the Peace
Officers Standards and Training Commission Fund created by Section
590.178, RSMo.
3.
Crime Victims' Compensation Fund. An additional sum of seven dollars fifty cents ($7.50) shall be assessed and added to the basic costs in Subsection (A)(1) of this Section, provided that no such cost shall be collected in any proceeding when the proceeding or the defendant has been dismissed by the Court. All sums collected pursuant to this Subsection shall be paid at least monthly as follows:
4.
There may also be assessed a cost
of up to four dollars ($4.00) per case for each criminal case, including
violations of any County or municipal ordinance, for the purpose of
providing operating expenses for shelters for battered persons as
set out in Section 488.607, RSMo.
5.
There shall be assessed a surcharge
of seven dollars ($7.00) for the Statewide Court Automation Fund.
6.
Other costs, such as for the issuance
of a warrant, a commitment or a summons, as provided before the Associate
Circuit Judge in criminal prosecutions.
7.
Actual costs assessed against the
City by the County Sheriff for apprehension or confinement in the
County Jail or costs assessed against the City by any other detention
facility.
8.
Mileage, in the same amount as provided
to the Sheriff in criminal violations, for each mile and fraction
thereof the officer must travel (both directions) in order to serve
any warrant or commitment or order of this Court.
9.
Any other reasonable cost as may
be otherwise provided by ordinance and permitted under the laws of
the State of Missouri, including, but not limited to, costs of confinement,
including any necessary transportation related thereto, medical costs
incurred by the City while a defendant is in City custody, and costs
related to the arrest and testing of any person for any intoxication-related
traffic offense as set out in this Section.
10.
Reimbursement Of Certain Costs Of
Arrest.
a.
Upon a plea or a finding of guilty
of violating the provisions of Section 577.010 or 577.012, RSMo.,
or any ordinance of the City of Gallatin involving alcohol- or drug-related
traffic offenses, the Court may, in addition to imposition of any
penalties provided by law, order the convicted person to reimburse
the Police Department for the costs associated with such arrest.
b.
Such costs hereby authorized shall
include the reasonable cost of making the arrest, including the cost
of any chemical test made as authorized or required by law or ordinance
to determine the alcohol or drug content of the person's blood, and
the costs of processing, charging, booking and holding such person
in custody.
c.
The Chief of Police may establish
a schedule of such costs hereby authorized and shall submit the same
to the Municipal Judge. However, the Court may order the costs reduced
if it determines that the costs are excessive.
Notwithstanding any provision of law, Supreme Court Rule, or
Court Operating Rule, in a proceeding for a municipal ordinance violation
or any other proceeding before a Municipal Court if the charge carries
the possibility of fifteen (15) days or more in jail or confinement,
a defendant shall not be charged any fee for obtaining a police report,
probable cause statement, or any video relevant to the traffic stop
or arrest. Such police report, probable cause statement, or video
shall be provided by the prosecutor upon written request by the defendant
for discovery.
