[Ord. No. 10.116, 1-2-2018]
A.
The Municipal Court of the City of California, Missouri, is hereby
abolished effective midnight, January 15, 2018.
B.
From and after January 16, 2018, all violations of the municipal
ordinances of the City of California, Missouri, shall be heard and
determined by Associate Circuit Judge of the 26th Judicial Circuit
sitting in California, Moniteau County, Missouri.
C.
The Associate Circuit Judge sitting in California, Moniteau County,
Missouri, may hear and determine municipal ordinance violations of
the City of California in a courtroom provided by Moniteau County.
[1]
Editor’s Note: Former Section 135.010, Court Established,
adopted 10-6-1978 by Ord. No. 10.101, was repealed 1-2-2018 by Ord.
No. 10.115. Ordinance No. 10.101 also repealed Sections 135.030, Selection
of Judge, adopted 10-6-1978 by Ord. No. 10.101; 135.040, Term of Office,
adopted 10-6-1978 by Ord. No. 10.101; 135.050, Vacation of Office,
adopted 10-6-1978 by Ord. No. 10.101; 135.060, Qualifications for
Office, adopted 10-6-1978 by Ord. No. 10.101, as amended; and 135.250,
Court Clerk of Municipal Court, adopted 10-6-1978 by Ord. No. 10.101,
as amended.
[Ord. No. 10.101 §3(F), 10-6-1978]
It shall be the duty of an attorney designated by the municipality
to prosecute the violations of the City's ordinances before the Municipal
Judge or before any Circuit Judge hearing violations of the City's
ordinances. The salary or fees of the attorney and his/her necessary
expenses incurred in such prosecutions shall be paid by the City.
The compensation of such attorney shall not be contingent upon the
result in any case.
[Ord. No. 10.101 §5, 10-6-1978; Ord. No. 10.105 §2, 12-1-1980; Ord. No. 19.1703 §§1 — 3, 12-5-1988; Ord. No. 10.111 §1, 10-4-1993; Ord. No. 10.112 §1, 10-4-1993; Ord. No. 10.114 §1, 5-6-1996; Ord. No. 19.917A §1, 1-4-1993]
A.
In
addition to any fine that may be imposed by the Municipal Judge, there
shall be assessed as costs in all cases the following:
1.
Costs of Court in the amount of fifteen dollars ($15.00).
[Ord. No. 10.116, 1-2-2018]
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 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 Law Enforcement
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.
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.
4.
Jail board bill shall be based upon the schedule adopted by the County
Commission.
5.
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.
6.
Motorcycle safety fee. Any person who violates a
Missouri law or a municipal or County ordinance as an operator of
a motorcycle or motortricycle shall be assessed an additional Court
cost of five dollars ($5.00). Any motor vehicle operator who violates
a State law or municipal or County ordinance where the violation involves
a motorcycle or motortricycle or where the operator causes an accident
involving a motorcycle or motortricycle shall be assessed additional
Court cost of five dollars ($5.00). Each Court cost assessed under
the Section shall be doubled if the operator at fault violated any
State law or local ordinance relating to the consumption of alcohol.
The Court cost collected under this Section by the Clerks of the Courts
shall be paid into the State Treasury to the credit of the Motorcycle
Safety Trust Fund created in this Section.
7.
Crime Victims' Compensation Fund.
a.
There shall be assessed as costs in each Court proceeding for infraction
or violation of any municipal ordinance, a fee of seven dollars fifty
dollars ($7.50) except that no such fee shall be collected for violations
of any provision of Chapter 252, RSMo., or any rule or regulation
adopted under Chapter 252, RSMo., for any non-moving traffic violations,
except violations of weight and safety laws, and no such fee shall
be collected in any proceeding in any Court when the proceeding or
defendant has been dismissed by the Court or when the costs are to
be paid by the City of California on behalf of an indigent defendant.
b.
This fee is established pursuant to and in accordance with Section
595.045, RSMo.
8.
Reimbursement of cost for alcohol- and drug-related offenses.
a.
Upon a plea of guilty, finding of guilt or conviction for a first
(1st) violation of the provisions of any of the ordinances involving
alcohol- or drug-related offenses, including but not limited to the
following ordinances of the City of California, Missouri, to-wit:
342.020, 342.030, 342.050, 600.100, (alcohol- or drug-related traffic
offenses), the Court may, in addition to the imposition of any penalties
provided by law, order the person to reimburse the law enforcement
agency which made the arrest for the costs associated with such arrest.
b.
Such costs shall include the reasonable cost of making the arrest,
including the cost of any chemical tests to determine the alcohol
or drug content of the person's blood, and the cost of processing,
charging, booking and holding such person in custody.
c.
The Chief of Police and the office of the Prosecuting Attorney of
the City of California may establish a schedule of such costs for
submission to the Municipal Court; however, the Judge of the Municipal
Court may order the costs reduced in a particular case if he/she determines
that the schedule of costs is excessive given the circumstances of
the case or for good cause shown.
d.
These fees shall be calculated as additional costs by the Municipal
Court and shall be collected by the Court in the same manner as the
other costs and fees are collected and remitted to the City Treasurer.
These costs are not intended to be assessed in lieu of a fine against
the defendant and shall be assessed in every case wherein there is
a plea of guilty or a finding of guilty or a conviction of the City
of California involving alcohol- or drug-related traffic offenses.
e.
The City Treasurer shall retain these fees in a separate fund known
as the "Alcohol and Drug Education, Training, and Enforcement Fund".
Monies within the said fund are intended to be, shall be, and are
hereby appropriated by the Board of Aldermen to law enforcement authorities
from such fund in amounts equal to those costs so incurred and shall
be specifically used to enhance and support the enforcement and prosecution
of alcohol- and drug-related traffic laws within the City.
9.
Spinal Cord Injury Fund. Any person convicted of
an intoxication-related offense, as provided in Section 577.023 RSMo.,
shall have a judgement of twenty-five dollars ($25.00) assessed. Collections
by the Court shall be paid to the State Department of Revenue to the
credit of the Spinal Cord Injury Fund, to the following address:
|
Missouri Department of Revenue
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County Tax Section
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P.O. Box 453
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Jefferson City, MO 65105-0453
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10.
Work/Construction Zone. Any person who is convicted
or pleads guilty to a speeding violation or passing/overtaking a vehicle
in a work/construction zone when there was any person present performing
duties in the work/construction zone and appropriate signs were posted
stating "Warning: $250 fine for speeding or passing in this work zone"
shall be assessed a fine of two hundred fifty dollars ($250.00) in
addition to any other fine assessed; except that any person assessed
the two hundred fifty dollar ($250.00) fine shall not also be assessed
the thirty-five dollar ($35.00) fine for any of the following offenses
in a construction or work zone: any moving violation or violation
of speeding, leaving the scene, careless and imprudent driving, operating
without a valid license, operating with a suspended or revoked license,
obtaining a license by misrepresentation, driving while intoxicated,
under the influence or BAC, any felony offense involving the use of
a vehicle, or failure to maintain financial responsibility.
11.
From and after January 16, 2018, there shall be assessed, in
addition to all other Court costs, the sum of seven dollars ($7.00)
for the Statewide Court Automation Fund.
[Ord. No. 10.116, 1-2-2018]
[Ord. No. 10.101 §6, 10-6-1978]
The costs of any action may be assessed against the prosecuting
witness and judgment be rendered against him/her that he/she pay the
same and stand committed until paid in any case where it appears to
the satisfaction of the Municipal Judge that the prosecution was commenced
without probable cause and from malicious motives.
[Ord. No. 10.101 §7, 10-6-1978]
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 fine on an installment basis under such terms and
conditions as he/she may deem appropriate.
[Ord. No. 10.110 §4, 11-4-1991]
A.
Establishment Of Account. There is hereby established an
account of the City of California, to be titled the "Alcohol and Drug
Education, Training, and Enforcement Fund," hereinafter "Account".
B.
Purpose. The City has established the Alcohol and Drug Education,
Training, and Enforcement Fund after recognizing the need for continued
and increased education and training of the City Police Officers,
as well as education of the residents of the community as to the risks
inherent with drug and alcohol use and abuse. It is further the intent
of the Board of Aldermen of the City of California that these funds
be used in the implementation of an increased level of enforcement
of drug and alcohol ordinances and laws.
C.
Funding Of Account. The initial funds to be deposited in
the Alcohol and Drug Education, Training, and Enforcement Fund shall
be drawn from the Police Fines Account of the City of California,
and shall be in the amount of five thousand dollars ($5,000.00). In
the future, all funds received by the City of California pursuant
to that Statute of the State of Missouri which permits the City of
California to charge defendants for the cost or charges associated
with an alcohol related arrest, will be deposited into the account.
This shall not be deemed to include any fine assessed as a penalty
for said violation, nor shall it be deemed to include those Court
costs assessed pursuant to other statutory authority.
D.
Disbursement Of Fund. The monies in the Alcohol and Drug
Education, Training, and Enforcement Fund shall be utilized in the
education, and training of the law enforcement personnel, as well
as the education of the citizens of the City of California, as to
the risks inherent in the use and abuse of alcohol and drugs, and
the monies shall also be utilized in the enforcement of the laws of
the City of California relating primarily to the use and abuse of
alcohol or drugs, as may be deemed appropriate by the Mayor and Chief
of Police of the City of California. Said funds may only be disbursed
upon the signature of the Mayor and the Chief of Police of the City
of California.
[Ord. No. 24.042, 4-2-2018]
A.
Procedures governing administrative warrants.
1.
Administrative Warrant Defined; Who May Issue, Execute.
a.
The term "City" refers to the City of California, Missouri.
An administrative warrant is a written order of the Judge hearing
matters in the Associate Division of the Circuit Court of Moniteau
County, Missouri, permitting the entry of City officials on or into
private property to enforce the City's nuisance, housing, zoning,
health, and safety regulations when government entry on or into such
private property is otherwise authorized by Missouri law. For purposes
of this Section, the term "Judge" refers to the Associate Circuit
Judge sitting in California, Moniteau County, Missouri, as the Judge
hearing matters relating to the enforcement or violation of ordinances
or codes of the City of California, Missouri. A warrant may issue
only in conformance with this Section and only for the enforcement
of the City's housing, zoning, nuisance, health, and safety regulations,
specifically:
(1)
To abate such physical conditions on private property
constituting a public nuisance or otherwise in violation of a specified
regulation as provided herein;
(2)
To inspect private property to determine or prove
the existence of physical conditions in violation of such a specified
regulation; and
(3)
To seize, photograph, copy, or record evidence
of the violation of such a specified regulation.
b.
The Judge having original and exclusive jurisdiction to determine
violations against the ordinances of the municipality may issue an
administrative warrant when:
c.
Any such warrant shall be directed to the Chief of Police or
any other police officer of the City and shall be executed by the
Chief of Police or said police officer, in conjunction with any Building
Inspector or other appropriate official, within the City limits and
not elsewhere.
d.
For purposes of this Section, the term "Court," when referring
to the judicial body before which violations or enforcement of the
ordinances or codes of the City of California are heard, shall mean
the Associate Division of the Circuit Court in California, Moniteau
County, Missouri.
2.
Who May Apply For Warrant; Contents Of Application.
a.
Any police officer or attorney of the City may make application
to the Judge for the issuance of an administrative warrant.
b.
The application shall:
(1)
Be in writing;
(2)
State the time and date of the making of the application;
(3)
Identify the property to be entered, inspected,
or seized in sufficient detail and particularity that the officer
executing the warrant can readily ascertain it;
(4)
State that the owner or occupant of the property:
(a)
Has been requested by the City to allow such action
and has refused to allow such action; or
(b)
Is not available, after reasonable investigation
and effort, to consent to such entry or inspection, and in such case
the application shall include details of the City's investigation
and effort to request such consent;
(5)
State facts sufficient to show probable cause for
the issuance of a warrant to enter the private property, including
the specification of the housing, zoning, health, or safety regulation
sought to be enforced;
(6)
Be verified by the oath or affirmation of the applicant;
and
(7)
Be signed by the applicant and filed in the Court.
c.
The application may be supplemented by a written affidavit verified
by oath or affirmation. Such affidavit shall be considered in determining
whether there is probable cause for the issuance of a warrant and
in filling out any deficiencies in the description of the property
or place to be entered. Oral testimony shall not be considered. The
application may be submitted in original, by hand delivery, by facsimile
or other electronic means as permitted by the Court.
3.
Hearing And Procedure; Contents Of Warrant; Execution And Return.
a.
Hearing and procedure.
(1)
The Judge shall determine whether probable cause
exists to enter the private property for the purposes noted herein.
(2)
In doing so the Judge shall determine whether the
action to be taken by the City is reasonable in light of the facts
stated. The Judge shall consider the goals of the ordinance or code
section sought to be enforced and such other factors as may be appropriate,
including but not limited to the known or suspected violation of any
relevant City ordinance or code section, the passage of time since
the property's last inspection, and the law, statute, or ordinance
authorizing government entry onto private property. The standard for
issuing a warrant need not be limited to actual knowledge of an existing
violation of a City ordinance or code section.
(3)
If it appears from the application and any supporting
affidavit that there is probable cause to enter the private property
for the enforcement of the City's nuisance, housing, zoning,
health, and safety regulations, a warrant shall immediately be issued.
(4)
The warrant shall issue in the form of an original
and two (2) copies, and the application, any supporting affidavit
and one (1) copy of the warrant as issued shall be retained in the
records of the Court.
b.
Contents of warrant. The warrant shall:
(1)
Be in writing and in the name of the City;
(2)
Be directed to any police officer in the City;
(3)
State the time and date the warrant was issued;
(4)
Identify the property to be entered in sufficient
detail and particularity such that the officer executing the warrant
can readily ascertain it;
(5)
Command that the described property be entered
for one (1) or more specified enforcement purposes as provided herein,
identify the regulation sought to be enforced, and direct that any
evidence of any suspected property violations be seized, recorded
or photographed, and a description of such property be returned, within
ten (10) days after filing of the application, to the Clerk of the
Court, to be dealt with according to law;
(6)
Be signed by the Judge, with his or her title of
office indicated.
c.
Execution and return.
(1)
A warrant issued under this Section shall be executed
only by a City police officer; provided, however, that one (1) or
more designated City officials shall accompany the officer, and the
warrant shall be executed in the following manner:
(a)
The warrant may be issued by any means authorized
by the Court, and may be issued by facsimile or other electronic means.
(b)
The warrant shall be executed by conducting the
private property entry as commanded and shall be executed as soon
as practicable and in a reasonable manner.
(c)
The officer shall give the owner or occupant of
the property entered a copy of the warrant.
(d)
If any property is seized incident to the entry,
the officer shall give the person from whose possession it was taken,
if the person is present, an itemized receipt for the property taken.
If no such person is present, or if no such person is ascertainable,
the officer shall leave the receipt at the site of the entry in a
conspicuous place.
i.
A copy of the itemized receipt of any property taken
shall be delivered to the Attorney for the City within two (2) working
days of the execution of the warrant.
ii.
The disposition of property seized pursuant to
a warrant under this Section shall be in accordance with an applicable
City ordinance or code section, but in the absence of same, then with
Section 542.301 of the Revised Statutes of Missouri.
(e)
The officer may summon as many persons as he deems
necessary to assist him in executing the warrant.
(f)
An officer executing an invalid warrant, the invalidity
of which is not apparent on its face, may use such force as he would
be justified in using if the warrant were valid.
(g)
A warrant shall expire if it is not executed and
the required return made within ten (10) days after the date of the
making of the application.
(2)
After execution of the warrant, the warrant, with
a return thereon signed by the officer executing the warrant, shall
be delivered to the Court in the following manner:
(a)
The return shall show the date and manner of execution
and the name of the possessor and of the owner, when not the same
person, if known, of the property entered.
(b)
The return shall be accompanied by any photos,
copies, or recordings made, and by any property seized, along with
a copy of the itemized receipt of such property required by this Section;
provided, however, that seized property may be disposed of as provided
herein, and in such a case a description of the property seized shall
accompany the return.
(3)
The Court Clerk, upon request, shall deliver a
copy of the return to the possessor and the owner, when not the same
person, of the property entered or seized.
4.
Warrant invalid, when. A warrant shall be deemed invalid:
a.
If it was not issued by the Judge;
b.
If it was issued without a written application having been filed
and verified;
c.
If it was issued without sufficient probable cause in light of the goals of the ordinance to be enforced and such other factors as provided in Subsection (A)(3)(a)(2) hereon;
d.
If it was not issued with respect to property in the City;
e.
If it does not describe the property or places to be entered,
inspected, or seized with sufficient certainty;
f.
If it is not signed by the judge who issued it; or
g.
If it was not executed and the required return made within ten
(10) days after the date of the making of the application.
