Owensville municipal ordinance violation cases shall be heard
and determined by Associate Circuit Judges as provided by Chapter
479, RSMo.
A.
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:
1.
Costs of Court in the amount of fifteen dollars ($15.00).
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 Police
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.
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:
4.
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.
5.
There shall be assessed a surcharge of seven dollars ($7.00) for
the Statewide Court Automation Fund.
6.
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.
7.
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.
8.
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.
9.
Any other reasonable cost as may be otherwise provided by ordinance
and permitted under the laws of the State of Missouri, 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 this Section.
10.
Reimbursement Of Certain Costs Of Arrest.
a.
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.
b.
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.
c.
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.
d.
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]
11.
Judicial Education Fund.
a.
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:
b.
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.
12.
Inmate Security Fund — Two Dollar Additional Surcharge
To Be Established; Waiver In Special Cases. In all cases for violation
of a County or Municipal ordinance, a surcharge of two dollars ($2.00)
shall be collected by the Municipal Court and transmitted monthly
to the County of Osage, Missouri, 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.
[Ord. No. 1365, 7-19-2021]
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.
[R.O. 2011 § 135.110; R.O. 2010 § 370.010]
A.
There
is hereby established a Violations Bureau. The City shall provide
all expenses incident to the operation of the same.
1.
When Person Charged May Elect To Appear At Bureau.
a.
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.
b.
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.
2.
The Violations Bureau Clerk shall be the Court Clerk of the Associate
Court of the 20th Judicial Circuit.
3.
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.
4.
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.
5.
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.
6.
Said designated offenses shall in no event include the following
traffic cases:
a.
Involving property damage or personal injury.
b.
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.
c.
Any second speeding offense in a two-year period.
d.
Leaving the scene of an accident.
e.
Where the defendant has been arrested and accused of creating a hazardous,
aggravated or dangerous situation.
f.
Operating a motor vehicle with a suspended or revoked license.
8.
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.
9.
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.
10.
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.
11.
All expenses incident to the operations of the Violations Bureau,
including salaries of clerical personnel, shall be paid by the municipality.
12.
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.
13.
Plea — Payment Of Fine And Costs.
a.
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.
b.
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.
c.
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.
