City of Salisbury, MO
Chariton County
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Table of Contents
Table of Contents
[Ord. No. 17-04-03 § 1, 4-12-2017]
Pursuant to Section 479.010, RSMo., violations of the Salisbury Municipal Code shall be heard and determined by a Municipal Court known as the "Municipal Court" of the City of Salisbury, Missouri. the Court shall be a division of the Circuit Court of Chariton County, Missouri, and the caption in all pleadings shall be as follows:
IN THE CIRCUIT COURT OF CHARITON COUNTY AT KEYTESVILLE, MISSOURI—SALISBURY MUNICIPAL DIVISION
[Ord. No. 17-04-03 § 1, 4-12-2017]
Violations of municipal ordinances shall be heard and determined by an Associate Circuit Judge as appointed from time to time by the Presiding Circuit Judge of the Circuit Court of Chariton County, Missouri. The Municipal Judge shall be subject to the rules of the Circuit Court which are not inconsistent with the rules of the Missouri Supreme Court. The Presiding Judge of the Circuit Court of Chariton County shall have general administrative authority over the Judge and Court personnel of the Municipal Court.
[Ord. No. 17-04-03 § 1, 4-12-2017]
The Associate Circuit Judge appointed to hear and determine violations of the City's municipal ordinances shall sit at the County seat in the Chariton County Courthouse, Keytesville, Missouri, as a division of the Circuit Court of Chariton County, Missouri, in a suitable courtroom determined by the County of Chariton.
[Ord. No. 17-04-03 § 1, 4-12-2017]
The Municipal Clerk shall be such qualified person as determined by the Presiding Judge of the Circuit Court of Chariton County, Missouri, and shall have such powers and duties as determined by said Judge and State Statutes.
[Ord. No. 17-04-03 § 1, 4-12-2017]
The Municipal Judge shall have original jurisdiction to hear and determine all violations against the ordinances of the City.
[Ord. No. 17-04-03 § 1, 4-12-2017]
Cases heard by the Municipal Judge shall be governed by the pertinent provisions of Chapter 478, RSMo.
[Ord. No. 17-04-03 § 1, 4-12-2017]
Cases heard by the Associate Circuit Judge sitting as the Municipal Judge shall be filed with the Clerk in the Salisbury Municipal Division of the Chariton County Circuit Court.
[Ord. No. 17-04-03 § 1, 4-12-2017]
The Municipal Court rules and procedure are those set forth from time to time in Missouri Supreme Court Rule 37.
[Ord. No. 17-04-03 § 1, 4-12-2017]
The Municipal Court will be in session at such time or times as determined by the Municipal Judge.
[Ord. No. 17-04-03 § 1, 4-12-2017]
The Municipal Court Judge shall have such powers and duties as determined by the Statutes of the State of Missouri, the Missouri Supreme Court Rules, and such rules as are prescribed from time to time by the Presiding Circuit Judge of the Circuit Court of Chariton County, Missouri.
[Ord. No. 17-04-03 § 1, 4-12-2017]
The City of Salisbury shall furnish to the Municipal Court Clerk a schedule of recommended standard fines for traffic offenses and some common violations of the Salisbury City Code consistent with State Statutory limitations. Fines for violations not shown on the recommended schedule of standard fines shall be recommended by the City Prosecutor at the time of disposition of the case. All fines, if any, shall be subject to the ultimate determination of the Municipal Judge at the time of disposition of the case.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this Chapter.
[Ord. No. 17-04-03 § 1, 4-12-2017; Ord. No. 17-06-01 § 1, 6-8-2017]
A. 
In addition to any fine or reimbursement that may be imposed by the Municipal Judge, there shall be assessed and imposed as costs in all cases, except where limited or as excused by the Judge, the following:
1. 
A Court Clerk's fee of fifteen dollars ($15.00) on all Municipal Court cases, except where exempted by law, and except where the case is dismissed or the defendant is found not guilty, or where the costs are to be paid by the State, County, or municipality. (Sections 479.260 and 488.012.3[6], RSMo.)
2. 
A Crime Victim's Compensation (CVC) surcharge of seven dollars and fifty cents ($7.50) on all traffic violation cases and other Municipal Court cases, including non-moving traffic cases and infractions, except where exempted by law, and except where the case is dismissed or the defendant is found not guilty, or where the costs are to be paid by the State, County, or municipality. (Section 488.5339 and 595.045.6, RSMo.)
3. 
A Peace Officer Standards and Training (POST) Commission surcharge of one dollar ($1.00) on all Municipal Court cases, except where exempted by law, and except where the case is dismissed or the defendant is found not guilty, or where the costs are to be paid by the State, County, or municipality. (Section 488.5336, RSMo.)
4. 
A Law Enforcement Training Fund surcharge of two dollars ($2.00) on all Municipal Court cases, except where exempted by law, and except where the case is dismissed or the defendant is found not guilty, or where the costs are to be paid by the State, County, or municipality. (Section 488.5336, RSMo.)
5. 
A Sheriff's Retirement Fund surcharge of three dollars ($3.00) on all Municipal Court cases, except where exempted by law, and except where the case is dismissed or the defendant is found not guilty, or where the costs are to be paid by the State, County, or municipality. (Section 488.024, RSMo.)
6. 
Additional Court costs may be assessed and imposed (in addition to restitution to victims) as the Municipal Judge may determine for additional costs incurred by the defendant in a particular case for such costs, including, but not limited to:
a. 
Cost, if any, for issuance of a warrant, commitment, summons, or notice;
b. 
Actual costs assessed against City by the County Sheriff for apprehension and/or confinement in the County Jail;
c. 
Service charges in order to serve any warrant or commitment or order of the Court.
[Ord. No. 17-04-03 § 5, 4-12-2017]
This Chapter shall be in full force and effect on July 1, 2017 from and after its passage and approval.