Editor's Note: Ord. No. 4520, enacted 6-12-2018, with an effective
date of January 1, 2020, dissolves the Municipal Division of the City
of Festus and directs that violations of the City's ordinances be
adjudicated by a Circuit Judge or Associate Circuit Judge of the Twenty-Third
Judicial Circuit Court. This ordinance will be included in the Code
with the first supplement following the January 1, 2020 effective
date.
Cross References — As to administration, ch.
110; as to offenses against administration of justice, §§210.060 et seq.; as to police, ch.
200; as to streets, sidewalks and other public places, ch.
510.
State Law Reference — Courts in third class cities, §§98.320
et seq., RSMo.
[Ord. No. 4520, 6-12-2018]
Effective January 1, 2020, all ordinance violations of the City
of Festus shall be adjudicated in a division of the Twenty-Third Judicial
Circuit before an Associate Circuit Judge or Circuit Judge. Any case
pending in the Festus Municipal Court on January 1, 2020, shall be
transferred to the Associate Circuit Judge or Circuit Judge assigned
by the Presiding Judge to adjudicate ordinance violations of the City
of Festus in the manner provided by State Statute and Missouri Supreme
Court Rule.
[Ord. No. 4520, 6-12-2018]
It shall be the duty of an attorney designated by the City to
prosecute the violations of the City's ordinances before the Associate
Circuit 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. 4520, 6-12-2018]
In addition to the forfeiture of any bond or security which
was given or pledged for his/ her release, any person who, having
been released upon a recognizance, a promise to appear or a bond pursuant
to any other provision of law, knowingly fails to appear before a
Judge hearing a municipal ordinance violation case, as required, shall
be guilty of an ordinance violation and may be punished by a fine
not to exceed two hundred dollars ($200.00), plus Court costs. No
additional charge of failure to appear shall be filed if a defendant
fails to appear for a minor traffic violation.
[Ord. No. 4520, 6-12-2018]
A. When
a fine is assessed for violating an ordinance, it shall be within
the discretion of the Judge to provide for the payment of the fine
on an installment basis under such terms and conditions as the Judge
may deem appropriate.
B. In
the prosecution of violations of municipal ordinances before an Associate
Circuit Judge, all fines shall be paid to and deposited not less frequently
than monthly into the treasury of the City of Festus and all Court
costs shall be accounted for and remitted to the State Treasury in
the same manner as provided by law for costs in misdemeanor cases.
C. All
delinquent fines, Court costs, and other fees authorized by this Chapter
may be collected by the Missouri Court Debt Collection Program, as
authorized by Missouri Supreme Court Operating Rule 21.07, and/or
the Missouri Court Tax Offset Program, as authorized by Missouri Supreme
Court Operating Rule 21.06, in the manner provided by a formal administrative
plan adopted by the Jefferson County Circuit Court, as authorized
by Missouri Supreme Court Operating Rule 21.11, or any other manner
authorized by Statute or Court rule.
[Ord. No. 4520, 6-12-2018]
A. In
addition to any fine that may be imposed by the Judge, there shall
be assessed as costs in all cases the following:
1. Court costs in the amount of fifteen dollars ($15.00) as authorized
by Section 488.012, RSMo., and Missouri Supreme Court Operating Rule
21.01(a)(5).
2. State Court Automation Surcharge in the amount of seven dollars ($7.00),
pursuant to Section 488.027, RSMo.
3. Witness fees and mileage as authorized by Sections 488.035 and 491.280,
RSMo., bad check fees as authorized by Section 570.120, RSMo., fees
for postage and for copies as provided by local Court rule, any other
applicable costs specifically authorized by Missouri Supreme Court
Operating Rule 21.
4. For any fine not paid in full within thirty (30) days of disposition
a twenty-five dollar ($25.00) time payment fee, as authorized by Missouri
Supreme Court Operating Rule 21.13.
[Ord. No. 4520, 6-12-2018; Ord.
No. 4582, 6-10-2020]
A. Pursuant
to Section 488.5336, RSMo., the official responsible for collecting
Court costs and fines shall assess a surcharge of three dollars ($3.00)
for each violation of the ordinances of the City, provided that no
such fee shall be assessed when the proceeding or defendant has been
dismissed or if the defendant is found to be indigent.
B. Two
dollars ($2.00) of such surcharge shall be transmitted monthly to
the Treasurer of the City to be used locally for training Law Enforcement
Officers. One dollar ($1.00) of such surcharge shall be deposited
into the Peace Officer Standards and Training Commission Fund to be
used Statewide for training Law Enforcement Officers.
[Ord. No. 4520, 6-12-2018]
A. Pursuant
to Section 488.5339, RSMo., there shall be assessed as a surcharge
of seven dollars fifty cents ($7.50) as costs in any Court proceeding
filed for violation of a municipal ordinance, except that no such
surcharge shall be collected when the proceeding or the defendant
has been dismissed or if the defendant is found to be indigent.
B. The monies collected by the Clerk of the Court pursuant to Subsection
(A) of this Section shall be paid monthly as follows:
1. Ninety-five percent (95%) (seven dollars thirteen cents ($7.13) of
each fee) to the Director of the Missouri Department of Revenue.
2. Five percent (5%) (thirty-seven cents ($0.37) of each fee) to the
Treasury of the City of Festus.
[Ord. No. 4520, 6-12-2018]
A. In
addition to any fine that may be imposed by the Judge, there shall
be assessed as a surcharge of four dollars ($4.00) as an additional
fee per case as authorized pursuant to Section 488.607, RSMo., Battered
Persons Shelter Fund.
B. Such
cost shall be collected by the Clerk of the Court and disbursed to
the County at least monthly by forthwith paying the same to the County
Treasurer.
[Ord. No. 4520, 6-12-2018]
A. Pursuant to Section 488.5334, RSMo., upon a plea of guilty, finding of guilt or conviction for violation of the provisions of Sections
342.020 —
342.030 (alcohol- and drug-related traffic offenses), the Court may, in addition to 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 cost of making the arrest, including
the costs 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. Law
enforcement authorities may establish a schedule of such costs for
submission to the Court; however, the Court may order the costs reduced
if it 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 Court and shall
be collected by the Court in the same manner as other costs and fees
are collected and remitted to the City Treasurer.