Owensville municipal ordinance violation cases shall be heard and determined by Associate Circuit Judges as provided by Chapter 479, RSMo.
In addition to any fine that may be imposed by the Municipal Judge in any case filed in the Owensville Municipal Division of the Associate Court of the 20th Judicial Circuit, Missouri, and in addition to all other fees authorized or required by law, there shall be assessed as costs the following:
Costs of Court in the amount of fifteen dollars ($15.00).
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.
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 Police Officer or candidate for certification employed by the City. Any excess funds shall be transmitted quarterly to the City's General Fund.
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.
Crime Victims' Compensation Fund. An additional sum of seven dollars and fifty cents ($7.50) shall be assessed and added to the basic costs in Subsection (A)(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:
There may also be assessed a cost of up to four dollars ($4.00) for the purpose of providing operating expenses for shelters for battered persons as set out in Section 488.607, RSMo.
There shall be assessed a surcharge of seven dollars ($7.00) for the Statewide Court Automation Fund.
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.
Actual costs assessed against the City by the County Sheriff for apprehension or confinement in the County Jail or costs assessed against the City by any other detention facility.
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.
Any other reasonable cost 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 offense as set out in Section 125.020(A)(10) hereof.
Reimbursement Of Certain Costs Of Arrest.
Upon a plea or a finding of guilty of violating the provisions of Section 577.010 or 577.012, RSMo., or any ordinance of the City of Owensville 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 for 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 costs of processing, charging, booking and holding such person in custody.
The Chief of Police may establish a schedule of such costs hereby authorized and shall submit the same to the Municipal 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." Monies with such fund shall be appropriated by the Board of Aldermen 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.
[Ord. No. 1283, 3-4-2019]
Judicial Education Fund.
A City by ordinance may provide for fees in an amount per case to be set pursuant to Sections 488.010 to 488.020, RSMo., for each municipal ordinance violation case filed before a Municipal Judge, and in the event a defendant pleads guilty or is found guilty, the Judge may assess costs against the defendant except in those cases where the defendant is found by the Judge to be indigent and unable to pay the costs. The fees authorized in this Subsection are in addition to service charges, witness fees and jail costs that may otherwise be authorized to be assessed, but are in lieu of other Court costs. The fees provided by this Subsection shall be collected by the Municipal Division Clerk in municipalities electing or required to have violations of municipal ordinances tried before a Municipal Judge pursuant to Section 479.020, RSMo., or to employ judicial personnel pursuant to Section 479.060, RSMo., and disbursed as provided in Subsection (1) of Section 479.080, RSMo. Any other Court costs required in connection with such cases shall be collected and disbursed as provided in Sections 488.010 to 488.020, RSMo.; provided that, each Municipal Court may establish a Judicial Education Fund and an Appointed Counsel Fund, each in separate accounts under the control of the Municipal Court to retain one dollar ($1.00) of the fees collected on each case. The fees collected shall be allocated between the two (2) funds as determined by the Court. The Judicial Education Fund shall be used only to pay for:
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 no Municipal Court shall 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 excess funds shall be transmitted quarterly to the General Revenue Fund of the County or Municipal Treasury.
Inmate Security Fund.
A surcharge of two dollars ($2.00) shall be assessed as costs in each Court proceeding filed in any Court in any City adopting such a surcharge, in all violations of any municipal ordinance; 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 City. A surcharge of two dollars ($2.00) shall be assessed as costs in a Juvenile Court proceeding in which a child is found by the Court to come within the applicable provisions of Subdivision (3) of Subsection (1) of Section 211.031, RSMo.
The Treasurer shall deposit funds generated by the surcharge into the "Inmate Security Fund." Funds deposited 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 holds 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.
Sheriffs' Retirement Fund. A surcharge of three dollars ($3.00) shall be assessed and collected payable to the Sheriffs' Retirement Fund created in Section 57.955, RSMo.
[R.O. 2011 § 135.110; R.O. 2010 § 370.010]
There is hereby established a Violations Bureau. The City shall provide all expenses incident to the operation of the same.
When Person Charged May Elect To Appear At Bureau.
Any person charged with an offense for which payment of a fine may be made to the Violations Bureau shall have the option of paying such fine within the time specified in the notice of arrest at the Violations Bureau upon entering a plea of guilty and upon waiving appearance in court; or may have the option of depositing required lawful bail, and upon a plea of not guilty shall be entitled to a trial as authorized by law.
The payment of a fine to the Bureau shall be deemed an acknowledgement of conviction of the alleged offense, and the Bureau, upon accepting the prescribed fine, shall issue a receipt to the violator acknowledging payment thereof.
The Violations Bureau Clerk shall be the Court Clerk of the Associate Court of the 20th Judicial Circuit.
It shall be the function of said Violations Clerk to accept appearances, waivers of trial, pleas of guilty, and payment of fines and costs in traffic offenses subject to the limitation hereinafter prescribed.
The said Violations Clerk shall serve under the direction and control of the Associate Circuit Judge of the 20th Judicial Circuit Court, and the said Associate Court shall operate in accordance with the rules of the State of Missouri governing practice and procedure in Associate Courts.
Offenses within the authority of the Violations Clerk and the schedules of the amount of fines and costs to be paid for first and second offenses shall be as set out by the Associate Circuit Judge.
Said designated offenses shall in no event include the following traffic cases:
Involving property damage or personal injury.
Operation of a motor vehicle while under the influence of intoxicating liquor or drugs or permitting another person under such influence to operate a motor vehicle owned by the defendant or in his/her custody or control.
Any second speeding offense in a two-year period.
Leaving the scene of an accident.
Where the defendant has been arrested and accused of creating a hazardous, aggravated or dangerous situation.
Operating a motor vehicle with a suspended or revoked license.
All matters for which a plea of not guilty is entered, whether before the Violations Bureau Clerk or the Associate Circuit Judge, shall be set for trial at the time and date as determined by the Associate Circuit Judge. All trials shall be held at the Owensville Municipal Division of the 20th Judicial Circuit Court.
All fines and costs from the Violations Bureau shall be paid to the Violations Bureau Clerk and deposited by the said Violations Bureau Clerk not less frequently than monthly into the Municipal Treasury.
The said Violations Bureau Clerk, within the first ten (10) days of every month, shall make out a list of all cases handled in said Violations Bureau giving in each case the name of the defendant, the fine imposed and the amount of costs. Said list shall be furnished to the Board of Aldermen of the City of Owensville, Missouri, and a copy thereof forwarded to the Associate Circuit Judge.
All expenses incident to the operations of the Violations Bureau, including salaries of clerical personnel, shall be paid by the municipality.
Designated offenses and schedule of fines and costs provided for in this Traffic Violations Bureau order shall be as reflected on the schedule on file in the Associate Court and shall be prominently posted at the Associate Court of the 20th Judicial Circuit.
Plea — Payment Of Fine And Costs.
Non-Moving Offenses. Within the time stated on the summons, any person charged with a non-moving offense may mail the amount of the fine and costs, if any, indicated on the ticket for such violation, together with a signed plea of guilty and waiver of trial, to the Violations Clerk or may pay the fine and costs in person or by attorney without a signed plea of guilty or by any member of his/her immediate family with defendant's signed plea of guilty at such Violations Bureau.
Other Offenses. Within the time stated on the summons, any person charged with any traffic offense, other than a non-moving offense, within the authority of the Violations Clerk may appear by attorney with a signed plea of guilty or in person or by any member of his/her immediate family before the Violations Clerk with defendant's signed plea of guilty and waiver of trial, pay the fine established for the offense charged and costs. Defendant, if present, prior to such plea, waiver and payment, shall be informed of his/her right to stand trial, that his/her signature to plea of guilty will have the same force and effect as a judgment of the Court, and that the record of conviction will be sent to the Director of Revenue of the State or the appropriate office of the State from which he/she received his/her driver's license.
Procedure After Two (2) Convictions. Any person who has twice been found guilty in any Court having jurisdiction of traffic cases or who has signed a plea of guilty to two (2) previous moving traffic offenses in the preceding two-year period or shall have been charged with such offenses without either paying a satisfaction fine or posting an appearance bond within the time required by law or has forfeited bonds for such offenses shall not be permitted to appear before the Violations Clerk but shall be required to appear before the Associate Circuit Judge on the third and subsequent offenses within said preceding two-year period.