[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:
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IN THE CIRCUIT COURT OF CHARITON COUNTY AT KEYTESVILLE,
MISSOURI—SALISBURY MUNICIPAL DIVISION
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[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.)
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:
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.
[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.
