State Law References: Municipal courts, §§ 479.010 et seq., RSMo.
[CC 1990 § 19-1; Ord. No. 93 § 1, 6-1-1988]
There is hereby established a Municipal Court which shall consist of a Municipal Judge, Court Administrator and such other non-judicial personnel as may be required for the proper functioning of the Municipal Division and the City shall provide a suitable courtroom in which to hold Court.
[CC 1990 § 19-2; Ord. No. 93 § 2, 6-1-1988; Ord. No. 3155, 8-30-2021; Ord. No. 3321, 1-21-2025]
A. 
The Municipal Court shall be responsible for the regular hearing and determination of municipal ordinance violation cases of the City of Chesterfield committed by adults (18) years and older and shall be operated in accordance with rules of the Supreme Court and rules of the Circuit Court. For municipal ordinance violations allegedly committed by minors under the age of eighteen (18) ("minors"), the Municipal Court shall be responsible for the regular hearing and determination of those cases involving:
1. 
A minor fifteen (15) years of age or older who allegedly committed a municipal traffic violation, of which does not constitute a felony;
2. 
Any minor who allegedly violated a municipal curfew ordinance;
3. 
Any minor who allegedly violated a municipal ordinance prohibiting the use or possession of tobacco.
[CC 1990 § 19-3; Ord. No. 93 § 3, 6-1-1988]
A. 
The Municipal Judge shall be a conservator of the peace. The Judge shall keep a docket in which he/she shall enter every case commenced before him/her and the proceeding therein and he/she shall keep such other records as required. Such docket and records shall be records of the Circuit Court.
B. 
The Municipal Judge shall have the power to administer oaths and enforce due obedience to all orders, rules and judgments made by him/her and may fine or imprison for contempt committed before such Judge while holding Court, in the same manner and to the same extent as a Circuit Judge.
[CC 1990 § 19-4; Ord. No. 93 § 4, 6-1-1988]
The Municipal Court shall be convened at least two (2) times each month and at such other times as the Municipal Judge may direct.
[CC 1990 § 19-5; Ord. No. 95 §§ 1 — 8, 6-1-1988]
A. 
Court Administrator — Appointment. The City Administrator, with the consent of the City Council, shall appoint a Municipal Court Administrator. The term of the Municipal Court Administrator shall continue from the date of appointment for an indefinite period of time or until his/her employment is terminated by the City Administrator with the approval and consent of the City Council.
B. 
Court Administrator Duties.
1. 
The Municipal Court Administrator shall, among other duties, prepare and post or supervise the preparation of the permanent docket book for all traffic and other misdemeanors or ordinance violations handled in the Municipal Court. He/she shall safely and properly keep all journals, records, books and documents belonging or pertaining to the Municipal Court.
2. 
The Municipal Court Administrator shall attend Court sessions to record events, receive monies and schedule reappearances and accept affidavits and appeal bonds for cases appealed from Municipal Court. He/she shall, whenever required, receive and issue receipts for all monies paid to the Municipal Court and transmit all monies to the City of Chesterfield.
3. 
The Municipal Court Administrator shall receive traffic tickets issued by Police Officers, record and process same for the Municipal Court and, when required, collect fines and report convictions to the State of Missouri.
C. 
Compensation Of Court Administrator. Compensation for the Municipal Court Administrator shall be determined by his/her initial placement in the City's Compensation Classification Pay Plan and subsequently by annual performance evaluations.
D. 
Assistants. The City Administrator may appoint clerical assistants for the Court Administrator; such positions shall be authorized by the City Council.
E. 
Duration Of Appointments. The duration of appointments shall be for an appropriate period of time for the performance and function of each office.
F. 
Appointments To Come From Existing Employees — Compensation. The appointment shall come from existing City employees and no additional compensation shall result from the appointment unless authorized by the City Council.
[1]
State Law Reference: Clerks of court, § 483.241, RSMo.
[CC 1990 § 19-6; Ord. No. 35 § 2, 6-1-1988]
A. 
The Municipal Court shall establish a Violations Bureau to assist the Court with the clerical work of traffic cases. The Bureau shall be in charge of such person or persons and shall be open at such hours as the Municipal Judge may designate.
B. 
The Judge of the Municipal Court who hears traffic cases shall designate the specified offenses under this law or under the traffic ordinances of the City and State traffic laws in accordance with Supreme Court Rule in respect to which payments of fines may be accepted by the Violations Bureau in satisfaction thereof and shall specify suitable schedules for the amount of such fines for first, second and subsequent offenses, provided such fines are within the limits declared by law or ordinance and shall further specify what number of such offenses shall require appearance before the Court.
[1]
Cross Reference: As to motor vehicles and traffic, Title III.
[CC 1990 §§ 19-7, 19-13, 19-14; Ord. No. 96 §§ 1 — 2, 6-1-1988; Ord. No. 1043 §§ 1 — 2, 6-19-1995; Ord. No. 1111 § 1, 11-20-1995; Ord. No. 1295 § 1, 8-18-1997; Ord. No. 1573 § 1, 11-15-1999; Ord. No. 1809 § 3, 1-7-2001; Ord. No. 2474 §§ 1 — 2, 8-4-2008; Ord. No. 3032, 1-23-2019; Ord. No. 3089, 2-3-2020[1]]
A. 
As used in this Section, the following words and phrases shall mean:
COURT COSTS
The total of fees, miscellaneous charges and surcharges, imposed in a particular case.
FEES
The amount charged for services to be performed by the Court.
MISCELLANEOUS CHARGES
The amounts allowed by law for services provided by individuals or entities other than the Court.
SURCHARGES
Additional charges allowed by law which are allowed for specific purposes designated by law.
B. 
In addition to any fine that may be imposed by the Municipal Judge, or where the accused has been found guilty, but no fine assessed, there may be assessed as Court costs to the extent permitted by State law the following:
1. 
Costs. Costs of Court in the amount of twelve dollars ($12.00) pursuant to Court Operating Rule 21.01(a)(5) and Sections 479.260 and 488.012, RSMo.
2. 
Surcharges.
a. 
Police Officer Training. Pursuant to Section 488.5336, RSMo., a surcharge of three dollars ($3.00) is hereby established and may be assessed as costs for violations of municipal ordinances as provided by and under the conditions stated in Section 488.5336, RSMo., except that no such charge shall be collected when the proceeding or defendant has been dismissed by the Court or when costs are to be paid by the municipality. The Court shall distribute the surcharge as follows:
(1) 
Two dollars ($2.00) shall be transmitted monthly to the Finance Director of the City and used to pay for Police Officer training as provided in 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.
(2) 
One dollar ($1.00) 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.
b. 
Crime Victims' Compensation Fund. Pursuant to Section 488.5339, RSMo., a surcharge of seven dollars fifty cents ($7.50) shall be assessed and added to the basic costs in Subsection (B)(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:
(1) 
Ninety-five percent (95%) shall be paid to the Director of Revenue of the State of Missouri for deposit as provided in Section 595.045.5, RSMo.
(2) 
Five percent (5%) shall be paid to the City Treasury.
c. 
Shelters For Battered Persons. Pursuant to Section 488.607, RSMo., a surcharge of two dollars ($2.00), may be assessed for violations of the Municipal Code. The Judge may waive the assessment in those cases where the defendant is found by the Judge to be indigent or unable to pay the costs. Any such surcharge shall be collected and disbursed as provided in Section 488.607, RSMo., and shall only be used for the purpose of providing operating expenses for shelters for battered persons as defined in Sections 455.200 to 455.230, RSMo.
d. 
Inmate Prisoner Detainee Security Fund. Pursuant to Section 488.5026, RSMo., a two dollar ($2.00) surcharge per case shall be assessed as costs in all cases, including an infraction and violation of a municipal ordinance, to be deposited into the "Inmate Prisoner Detainee Security Fund." Notwithstanding any other provision of law, the moneys collected by the Municipal Court shall be payable to the City and deposited into the "Inmate Prisoner Detainee Security Fund." The Inmate Prisoner Detainee Security Fund shall be utilized to acquire and develop biometric verification systems and information sharing to ensure that inmates, prisoners or detainees in a holding cell facility or other detention facility or area which hold persons detained only for a shorter period of time after arrest or after being formally charged can be properly identified upon booking and tracked within the local law enforcement administration system, criminal justice administration system or the local jail system. Upon the installation of the information sharing or biometric verification system, funds in the Inmate Prisoner Detainee Security Fund may also be used for the maintenance, repair and replacement of the information sharing or biometric verification system, and also to pay for any expenses related to detention, custody, and housing and other expenses for inmates, prisoners, and detainees. If the amount of such surcharge is increased or decreased by an amendment to State law, the surcharge authorized to be collected hereunder shall automatically increase or decrease correspondingly.
e. 
State Court Automation Fund. Pursuant to Section 476.056, RSMo., in all cases for violation of any municipal ordinance, a surcharge of seven dollars ($7.00) is to be collected by the Municipal Court and transmitted monthly to the Missouri Director of Revenue for the State Court Automation Fund. 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 to the State, County, or municipality.
3. 
Judicial Education Fund And Appointed Counsel Fund. Pursuant to Section 479.260, RSMo., the Municipal Court may establish a Judicial Education Fund and Appointed Counsel Fund in separate accounts under the control of the Municipal Court to retain one dollar of the fees collected on each case. Fifty cents ($0.50) of the one-dollar fee collected shall be allocated to the Judicial Education Fund and fifty cents ($0.50) shall be allocated to the Appointed Counsel Fund. The Judicial Education Fund shall be used only to pay for the continuing education and certification required of the Municipal Judges by law or Supreme Court rule; and judicial education and training for the Court Administrator and Clerks of the Municipal Court. The Appointed Counsel Fund shall be used only to pay the reasonable fees approved by the Court for the appointment of an attorney to represent any defendant found by the Judge to be indigent and unable to pay for legal representation, and where the Supreme Court rules or the law prescribes such appointment. Provided, further, that the Municipal Court shall not retain more than one thousand five hundred dollars ($1,500.00) in the Judicial Education Fund for each Judge, Administrator or Clerk of the Municipal Court and no more than five thousand dollars ($5,000.00) in the Appointed Counsel Fund. Any funds in excess of the prescribed fund limits shall be transmitted quarterly to the City's general revenue fund.
4. 
Reimbursement Of Costs Of Arrest. Upon a plea of guilty or a finding of guilty for an offense of violating the provisions of municipal ordinances 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 local law enforcement agency which made the arrest for the costs associated with such arrest. Such costs shall include the reasonable cost of making the arrest, including the cost of any chemical test made under Chapter 577, RSMo., 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. The local law enforcement agency may establish a schedule of such costs; however, the Court may order the costs reduced if it determines that the costs are excessive.
5. 
Bad Checks. A person passing a bad check to the Court shall be prosecuted pursuant to Section 570.120, RSMo., and shall pay, in addition to all other fines, Court costs and fee, an administrative handling cost as set forth in Section 570.120.5, RSMo., and a reasonable service charge, which along with the face amount of the check, shall be turned over to the City as the person to whom the bad check was issued (see Section 570.120.6, RSMo.).
6. 
All Other Court Costs. All other Court costs, fees, miscellaneous charges and surcharges authorized or required by Statute.
C. 
None of the Court costs authorized by Subsection (B) above shall be collected in any proceeding involving a violation of an ordinance when the proceeding or defendant has been dismissed by the Court or when costs are waived or are to be paid by the City.
D. 
The Municipal Judge may decide not to assess Court costs against a defendant in those cases where the defendant is found by the Municipal Judge to be indigent and unable to pay the Court costs.
E. 
If the Statutory authority for any Court cost, fee, miscellaneous charge, and/or surcharge authorized by the City Council herein is repealed by the State legislature or is now or in the future found by a Court of competent jurisdiction to be an unauthorized Court cost, fee, miscellaneous charge or surcharge, then the City Council's grant of authority for such Court cost, fee, miscellaneous charge or surcharge shall be automatically repealed.
[1]
Editor's Note: Ord. No. 3089 also changed the title of this Section from "Court Costs And Fees" to "Court Costs And Surcharges."
[CC 1990 § 18-28.1; Ord. No. 720 §§ 1 — 4, 10-5-1992]
A. 
Upon a plea of guilty, finding of guilty or conviction for violation of Section 342.010 or violation of Section 342.020 which are 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 law enforcement authorities for the costs associated with such arrest.
B. 
Such costs shall include the reasonable costs of making the arrest, including the cost of any chemical test 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. 
Law enforcement authorities of the City are to establish a schedule of such costs for submission to the court; however, the court may order the costs reduced if it determines that the scheduled costs are excessive given the circumstances of the case or for good cause shown.
D. 
These fees shall be calculated as additional costs for the Municipal Court and shall be collected by the court in the same manner as other costs and fees are collected and remitted to the City.
[CC 1990 § 19-15; Ord. No. 2655 §§ 1 — 5, 6-20-2011]
A. 
Definitions. As used in this Code, the term "construction zone" or "work zone" means the area upon or around a public right-of-way, highway, street, or road within the City of Chesterfield which is visibly marked by the Missouri Department of Transportation (MODOT), St. Louis County, and/or the City of Chesterfield, or a contractor working for MODOT, St. Louis County, and/or the City of Chesterfield as an area where construction, maintenance, or other work is temporarily occurring. The limits of a "construction zone" or "work zone" shall extend from the first warning sign, cone, barricade, or high intensity rotating, flashing or strobe light on a vehicle to the last warning device in place beyond where the work is occurring. The term "construction zone" or "work zone" also includes the lanes of a roadway leading up to the area upon which an activity described in this Subsection is being performed, beginning at the point where appropriate signs directing motor vehicles to merge from one (1) lane into another lane are posted.
B. 
Compliance With Work Zone Speed Limit. The driver of a motor vehicle shall comply with all permanent and temporary traffic control devices and may not exceed a posted "construction zone" or "work zone" speed limit while traveling within a "construction zone" or "work zone."
C. 
No Passing In Multi-Lane Work Zone. The driver of a motor vehicle may not overtake or pass another motor vehicle within a "construction zone" or "work zone." This Section applies to a "construction zone" or "work zone" located upon a highway divided into two (2) or more marked lanes for traffic moving in the same direction and for which motor vehicles are instructed to merge from one (1) lane into another lane by an appropriate sign erected by MODOT, St. Louis County, and/or the City of Chesterfield, or a contractor performing work for MODOT, St. Louis County, and/or the City of Chesterfield. Violation of this Section is an ordinance violation.
D. 
Increased Penalty For A Moving Traffic Violation. Upon a conviction or a plea of guilty by any person for any moving traffic violation established by the City of Chesterfield Code of Ordinances, the court shall assess a fine of thirty-five dollars ($35.00) in addition to any other fine authorized to be imposed by law, if the offense occurred within a "construction zone" or "work zone."
E. 
Increased Penalty For Speeding Or Passing In A Work Zone. Upon a conviction or plea of guilty by any person for a speeding violation pursuant to Subsection (B), or a passing violation pursuant to Subsection (C), the court shall assess a fine of two hundred fifty dollars ($250.00) in addition to any other fine authorized by law, if the offense occurred within a "construction zone" or a "work zone" and at the time the speeding or passing violation occurred there was any person in such zone who was there to perform duties related to the reason for which the area was designated a "construction zone" or "work zone." However, no person assessed an additional fine pursuant to this Section shall also be assessed an additional fine pursuant to Subsection (D), and no person shall be assessed an additional fine pursuant to this Subsection if no signs have been posted pursuant to Subsection (F).
F. 
Two Hundred Fifty Dollars ($250.00) Fine Warning Sign Required. The penalty authorized by Subsection (E) shall only be assessed by the court if MODOT, St. Louis County, and/or the City of Chesterfield, or a contractor performing work for MODOT, St. Louis County, and/or the City of Chesterfield has erected signs upon or around a "construction zone" or "work zone" which are clearly visible from the highway and which state substantially the following message: "Warning: two hundred fifty dollars ($250.00) fine for speeding or passing in this work zone when workers are present."
[CC 1990 § 19-8; Ord. No. 97 § 1, 6-1-1988]
A. 
It shall be unlawful for any person to fail to appear at the proper time and plea or answer a charge against him/her in the Municipal Court upon being first duly summoned.
B. 
No additional charge shall be issued for the failure to appear for a minor traffic violation.
[CC 1990 § 19-10; Ord. No. 238, §§ 1 — 4, 2-6-1989; Ord. No. 283 § 2 — 5, 5-1-1989; Ord. No. 2870 §§ 1 — 6, 10-19-2015]
A. 
The Municipal Judge for the City of Chesterfield or the person performing the duties of the Municipal Judge may order any person who: (a) has been convicted; or (b) has received a suspended imposition of sentence for violating an ordinance of the City of Chesterfield, whether the original punishment be by fine or imprisonment or both, to perform alternative community service, as defined in this Section, as a condition of probation or in lieu of a fine or imprisonment or both.
B. 
Alternative community service may consist of:
1. 
Service on the public streets, highways and alleys or other public works or buildings or public grounds of the City of Chesterfield; and/or
2. 
Such other service for a charitable, religious or educational organization or entity as may be approved and authorized by the Municipal Judge for the City of Chesterfield or authorized by resolution of the City Council.
3. 
The service performed pursuant to Subsection (B)(1) and/or (2) herein above shall be performed without compensation to the defendant for such service.
C. 
If the alternative community service determined by the Municipal Judge for the City of Chesterfield is pursuant to Subsection (A) hereinabove, the Chief of Police, City Engineer, Street Commissioner or other officer of the City of Chesterfield, as may be authorized by resolution of the City Council, is hereby authorized, empowered and directed to assign work to and supervise all persons ordered to perform alternative community service by the Municipal Judge.
D. 
The Municipal Judge may determine the number of hours of alternative community service that a person shall perform under this Section.
E. 
The authority granted in this Section shall be subject to the provisions of Section 559.021 of the Revised Statutes of the State of Missouri.
[CC 1990 § 19-16; Ord. No. 2984, § I, 2-21-2018]
A. 
The ordinance provisions established in this and the following Subsections shall constitute and be designated as the "Victim's Bill of Rights of the City of Chesterfield, Missouri," and may be so cited. In order to ensure the fair and compassionate treatment of victims of violations of the ordinances of the City of Chesterfield and to increase the effectiveness of the justice system of the City of Chesterfield, said victims as defined by law shall be entitled to certain basic rights to the extent that these rights do not interfere with the constitutional rights of the accused.
1. 
No part of this or any following Subsections shall be construed as creating a cause of action for monetary damages against the State, the City of Chesterfield, or any of the agencies, instrumentalities, or employees thereof.
2. 
No part of this or any following Subsections shall be construed to authorize a court to set aside or void a finding of guilt or innocence or an acceptance of a plea of guilty or to set aside any sentence imposed in any criminal case.
B. 
Definitions. As used in this Section, the following terms have the meanings indicated:
DEFENDANT
A person charged with or convicted of violation the ordinances of the City of Chesterfield.
PROSECUTING ATTORNEY
The Prosecuting Attorney, an Assistant Prosecuting Attorney, or a Special Prosecuting Attorney for the City of Chesterfield.
PUBLIC COURT PROCEEDING
Any court proceeding or administrative hearing which is open to the public and shall include but not be limited to:
1. 
Judicial pretrial conference;
2. 
Trial;
3. 
Sentencing;
4. 
Sentencing modification; and
5. 
Probation revocation hearings.
VICTIM
1. 
In General.
a. 
As used in this section, "victim" shall mean a natural person, or legally recognized entity that suffers direct, proximate or threatened physical, emotional or financial harm as the result of the commission or attempted commission of an ordinance violation.
b. 
If a victim is physically or emotionally unable to exercise the privileges and rights under this provision, the victim may designate his/her spouse, child 18 years of age or older, parent, sibling, grandparent; or any other person 18 years of age or older who is neither the defendant nor incarcerated to act in his/her place while the physical or emotional disability continues. The victim shall provide the Prosecuting Attorney with the name of the person who is to act in his/her place. During the physical or emotional disability, notices to be provided under this Section to the victim shall continue to be sent only to the victim.
2. 
Minors And Certain Other Victims. As used in this Section, in the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, the term "victim" also includes the legal guardians of the victim or the representatives of the victim's estate, family members, or any other persons appointed as suitable by the Court, may assume the victim's right under this Section, but in no event shall the defendant be named as such guardian or representative.
VIOLATION
Any violation of a City ordinance committed against another individual or their property.
C. 
Victim's Rights:
1. 
To be reasonably protected from the accused;
2. 
To be treated with courtesy, compassion and with respect for their dignity and privacy, suffering the minimum of necessary inconvenience from their involvement with the municipal court system;
3. 
Upon request of the victim, to receive a summary explanation by the Prosecuting Attorney regarding due process and justice system procedures;
4. 
Upon request of the victim, to receive an unredacted copy of the information and all reports and/or video alleging the violation;
5. 
Upon request of the victim, to be provided reasonable, accurate, and timely notice of any public court proceeding, unless in the determination of the Court the interests of justice require otherwise;
6. 
Upon request of the victim, to be present at public court proceedings;
7. 
Upon request of the victim, to be reasonably heard at any public court proceeding involving release, plea sentencing, or any probation revocation hearing, unless in the determination of the Court the interests of justice require otherwise;
8. 
Upon written request of the victim and accompanied by supporting documentation, to receive restitution from the defendant for the harm which they have suffered, unless in the determination of the Prosecuting Attorney or Court the interest of justice requires otherwise; and
9. 
Upon request of the victim, to request that the Prosecuting Attorney seek a speedy disposition of a case.
D. 
Bonds. Subject to the statutory limitations imposed upon the City of Chesterfield's Municipal Court regarding bond and bail for ordinance violations, the Court may require a bond and impose special bond conditions upon showing that a defendant poses a danger to a victim, the community or any other person.
E. 
Procedures Of The Prosecuting Attorney. The Office of the Prosecuting Attorney may adopt policies and procedures consistent with this Section.