City of Marceline, MO
Linn County
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Table of Contents
Table of Contents
[Ord. No. 17-12.57, 12-19-2017]
The City of Marceline, Missouri, a Third Class City, hereby elects to have all violations of its municipal ordinances heard and determined by an Associate Circuit Judge of the Circuit Court of Linn County, Missouri, the County in which the City of Marceline is located.
[Ord. No. 17-12.57, 12-19-2017]
The division of the Circuit Court of Linn County, Missouri, which hears and determines violations of the ordinances of the City of Marceline, Missouri, shall be known as the "Municipal Division of the Circuit Court of Linn County, Missouri" (hereafter "Marceline Municipal Division").
[Ord. No. 17-12.57, 12-19-2017]
All Marceline, Missouri, municipal cases are hereby transferred to the Associate Circuit Court Division of the Linn County, Missouri, Circuit Court and the Associate Circuit Judge shall hear and determine violations of the ordinances of the City in a courtroom provided by the County; provided, however, ordinance violations shall continue to be heard in the courtroom in Marceline, Missouri, until such transfer has been approved by the Circuit Court and Office of State Courts Administrator.
[Ord. No. 17-12.57, 12-19-2017]
All prosecutions for violations of the City ordinances shall be instituted by information and shall be based upon a notice of violation. Proceedings shall be in accordance with the Supreme Court Rules governing practices and procedures in proceedings before municipal judges.
[Ord. No. 17-12.57, 12-19-2017]
The City shall appoint an attorney to prosecute violations of City ordinances on behalf of the City before the judge hearing such violations. The City shall determine the compensation of the attorney and the expenses to be paid. Such compensation and expenses shall be paid by the City.
[Ord. No. 17-12.57, 12-19-2017; Ord. No. 19-11.13, 11-19-2019]
In addition to any fine that may be imposed by the Associate Circuit Judge, there shall be assessed as costs, in all cases, the following:
Costs of court in the amount of fifteen dollars ($15.00).
The cost of training Marceline Law Enforcement Officers in the amount of two dollars ($2.00); 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.
The cost of one dollar ($1.00) to be deposited into the Peace Officers Standards and Training Commission Fund to be used statewide for training Law Enforcement Officers pursuant to Section 590.178, RSMo.
A fee in an amount of seven dollars ($7.00), to be collected and disbursed as provided by Sections 488.010 to 488.020, RSMo. All such moneys shall be payable to the Director of Revenue, who shall deposit all amounts collected pursuant to said Section to the credit of the statewide Court Automation Fund established by Section 476.055, RSMo. Except that no such fee shall be collected in any proceeding involving a violation of an ordinance when a criminal proceeding has been dismissed by the court or when costs are waived or are to be paid by the City.
A surcharge of seven dollars and fifty cents ($7.50) shall be assessed pursuant to Section 595.045, RSMo.; except that no such fee shall be collected in any proceeding in any court when the proceeding or the defendant has been dismissed by the court or when costs are to be paid by the State, County or municipality. The moneys collected by clerks of the courts pursuant to the provisions of Subsection 1 of Section 488.5339, RSMo., shall be collected and disbursed in accordance with Sections 488.010 to 488.020, RSMo.
A surcharge of two dollars ($2.00) is to be collected by the Associate Circuit Court and transmitted monthly to the City of Marceline for the Inmate Security Fund as provided in Section 488.5026, RSMo. Such surcharge shall also be assessed in cases in which pleas of guilty are processed in the Violations Bureau. No such surcharge shall be collected when the proceeding or defendant has been dismissed by the court, when costs are waived, or when costs are paid by the State, County or municipality.
Actual costs assessed against the City by the County Sheriff for apprehension or confinement in the County Jail.
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 the Associate Circuit Court.
Any other reasonable costs as may be otherwise provided by ordinance, 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 offenses as set out in Subsection (K) hereof.
Reimbursement Of Certain Costs Of Arrest.
Upon a plea or a finding of guilty of violating the provisions of Sections 342.020 or 342.030 of this Code or any ordinance of the City of Marceline 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 of the costs associated with such arrest.
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 cost of processing, charging, booking and holding such person in custody.
The Chief of Police shall establish a schedule of such costs hereby authorized and shall submit the same to the Associate Circuit Judge. However, the Court may order the costs reduced if it determines that the costs are excessive.
Upon receipt of such additional costs authorized by this Subsection, the City Treasurer shall retain such costs in a separate fund to be known as the "DWI/Drug Offense Cost Reimbursement Fund." Moneys within such fund shall be appropriated by the City Council to the Police Department in amounts equal to those costs so collected and shall be used by such Department specifically to enhance and support the enforcement and prosecution of alcohol- and drug-related traffic laws within the City.
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 fine of two hundred fifty dollars ($250.00) shall not also be assessed the fine of thirty-five dollars ($35.00) 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.
Other costs as may be required by State law or Supreme Court Rule.
[Ord. No. 17-12.57, 12-19-2017]
Notice of passage of this Chapter shall be provided in writing to the Presiding Judge of the 9th Judicial Circuit and Linn County Circuit Clerk. A copy of this Chapter and the notice to the Presiding Judge and Circuit Clerk shall be sent in writing to the Office of State Courts Administrator.