[R.O. 1985 § 15-1; Ord. No. 1959, § II (8.01), 4-24-1984; Ord. No. 4685, § 1, 9-13-2016]
Terms used in this Chapter have the following meanings:
The Violations Bureau of the City of Crestwood, Missouri.
The Clerk of the Municipal Court of the City of Crestwood,
Missouri.
The Deputy Clerk of the Municipal Court of the City of Crestwood,
Missouri.
The Judge of the Municipal Court of the City of Crestwood,
Missouri.
The Revised Statutes of the State of Missouri, the judicial
decisions of the courts of the State of Missouri, the Federal and
Missouri Constitutions and the Missouri Supreme Court rules.
A municipal or county traffic ordinance violation prosecuted
that does not involve an accident or injury, that does not involve
the operation of a commercial motor vehicle, and for which no points
are assessed by the Department of Revenue or the Department of Revenue
is authorized to assess one (1) to four (4) points to a person's driving
record upon conviction. "Minor traffic violation" shall include amended
charges for any minor traffic violation. "Minor traffic violation"
shall exclude a violation for exceeding the speed limit by more than
nineteen (19) miles per hour or a violation occurring within a construction
zone or school zone.
The Municipal Code of the City of Crestwood, Missouri.
Any violation of Chapters 7 and 26 of this Code, and any offense designated by this Code as a nuisance, as well as any municipal or county ordinance violation prosecuted for which penalties are authorized by statute under Sections 64.160, 64.200, 64.295, 64.487, 64.690, 64.895, 67.398, 71.285, 89.120, and 89.490, RSMo. Municipal ordinance violations shall include amended charges for municipal ordinance violations.
The Prosecuting Attorney or duly appointed Assistant Prosecuting
Attorney of the City of Crestwood, Missouri.
[R.O. 1985 § 15-2; Ord. No. 1959, § II(8.02), 4-24-1984]
There is hereby created and established a Municipal Court of
the City of Crestwood, Missouri.
[R.O. 1985 § 15-3; Ord. No. 1959, § 11(8.03), 4-24-1984; Ord. No. 3294, § 1, 2-22-1994; Ord. No. 4167, § 1, 2-10-2009]
(a)
Office Established. The office of Judge of the Municipal Court of
the City of Crestwood is hereby created and established.
(b)
Appointment. Following the regular election of the Mayor, the Mayor,
with the consent and approval of the Board of Aldermen, shall appoint
a Judge to serve for a term of two (2) years and until his or her
successor is appointed and qualified. The Judge shall be a member
of the Missouri Bar Association, and at least twenty-one (21) years
of age, and a resident of the City, except that such residency requirement
may be waived by a three-fourths (3/4) majority vote of the elected
members of the Board of Aldermen.
(c)
Jurisdiction. Except as provided in this Section, the Judge shall
preside over the court and shall have exclusive jurisdiction to hear
and determine all offenses against ordinances of the City, and shall
have all other power and authority now and hereafter vested in him
or her by law and by the ordinances of this City and he/she shall
perform all of the duties thus imposed upon him or her.
(d)
Provisional Judge. Except as provided by law, the Mayor, with the
consent and approval of the Board of Aldermen, may appoint one (1)
or more provisional Judges who shall be members of the Missouri Bar
Association and at least twenty-one (21) years of age, and residents
and the City, except that such residency requirement may be waived
by a three-fourths (3/4) majority vote of the elected members of the
Board of Aldermen. The provisional Judge shall act if the Judge is
absent or disabled, has a conflict of interest in a particular case,
or if there is a temporary vacancy in such office. During such times,
the provisional Judge shall have all the powers and authority of the
Judge, and shall perform all the duties imposed by law or ordinance
upon the Judge.
(e)
Compensation. The Judge of the Municipal Court shall receive such
compensation as established by the Board of Aldermen, payable in equal
monthly installments. If the provisional Judge is required to perform
any of the duties of the Municipal Judge, he or she shall be separately
compensated at a reasonable hourly rate set by the Board of Aldermen.
[R.O. 1985 § 15-4; Ord. No. 1959, § 11(8.04), 4.24.84; Ord. No.
3810, § 1, 1-13-2004]
(a)
Established. There is hereby established the position of Municipal
Court administrator for the City of Crestwood, Missouri.
(b)
Service And Appointment. The position of Municipal Court administrator is established as a civil service position to be governed by Chapter 18 of this Code, and any amendments thereto, and shall be designated as a position in the "classified service." Appointment shall be made by the City Administrator as provided in Subsection 2-53(i)(2).
(c)
Duties And Powers. The Municipal Court administrator shall have the
following duties and powers:
(1)
Serve as the primary clerk of the Municipal Court with all the duties
imposed or granted by law or ordinance attendant thereto, including
the filing of all cases, docketing all cases, maintaining all case
records and accounting for all monies due and paid to the Municipal
Court;
(2)
Supervise all matters relating to the Municipal Court and all personnel
of the court;
(3)
Supervise all matters and personnel relating to the Violations Bureau;
(4)
Perform those administrative functions incidental to the operation
of the Municipal Court;
(5)
Assist the Municipal Judge in the conduct of the court with respect
to such other matters as the Judge may request from time to time;
and
(6)
Such other duties as may be directed by the City Administrator.
[R.O. 1985 § 15-5; Ord. No. 1959, § 11(8.05), 4-24-1984]
(a)
Procurement. The court shall procure and keep an official seal, with
such emblems and devices as the court may deem proper, and thereof
should the impression be performed by stamp or electronic methods,
any such imprint shall be deemed a sufficient sealing. The official
seal shall be retained in the office of the clerk of the court. The
court shall procure and keep an official seal, which shall be a metallic
disk not more than two and one half (2 1/2) inches in diameter, with
the words "Municipal Court, Crestwood, Missouri" engraved in the border
and the word "Seal" engraved across the center. The official seal
shall be retained in the office of the clerk of the court.
(b)
Use. The seal shall be used for the authentication of any record,
process or proceeding required and for the attestation of any instrument
by the clerk. The clerk shall affix the seal of the court to warrants,
summonses, bench warrants, commitments to hold for trial, certified
copies of records and instruments, subpoenas, executions, and transcripts
on appeal, and otherwise as directed by the Judge or prosecutor or
when required by law.
[R.O. 1985 § 15-6; Ord. No. 4685, § 1, 9-13-2016]
(a)
The following conditions apply to minor traffic violations and property
violations:
(1)
For a minor traffic violation, the court shall not assess a fine,
if combined with the amount of court costs, totaling in excess of
two hundred twenty-five dollars ($225);
(2)
Notwithstanding any other provision of this Code to the contrary,
for a property violation, the court shall not assess a fine, if combined
with the amount of court costs, totaling in excess of:
a.
Two hundred dollars ($200), if the defendant has committed no property
violations within twelve (12) months prior to the violation for which
the defendant is to be sentenced;
b.
Two hundred seventy-five dollars ($275), if the defendant has committed
one (1) property violation within twelve (12) months prior to the
violation for which the defendant is to be sentenced;
c.
Three hundred fifty dollars ($350), if the defendant has committed
two (2) property violations within twelve (12) months prior to the
violation for which the defendant is to be sentenced; or
d.
Four hundred fifty dollars ($450), if the defendant has committed
three (3) or more property violations within twelve (12) months prior
to the violation for which the defendant is to be sentenced.
(3)
The court shall not sentence a person to confinement, except the
court may sentence a person to confinement for any violation involving
alcohol or controlled substances, violations endangering the health
or welfare of others, or eluding or giving false information to a
Law Enforcement Officer;
(4)
A person shall not be placed in confinement for failure to pay a
fine unless such nonpayment violates terms of probation or unless
the due process procedures mandated by Missouri Supreme Court Rule
37.65 or its successor rule are strictly followed by the court;
(5)
Court costs that apply shall be assessed against the defendant unless
the court finds that the defendant is indigent based on standards
set forth in determining such by the presiding Judge of the circuit.
Such standards shall reflect model rules and requirements to be developed
by the Supreme Court; and
(6)
No court costs shall be assessed if the defendant is found to be
indigent under Subsection (a)(5) of this Section, or if the case is
dismissed.
(7)
The Missouri Supreme Court Rules of Practice and Procedure in Municipal
Courts shall govern the practice and procedure in the court, and the
rules of the court shall be supplementary to and consistent therewith.
(b)
Notwithstanding any other provision of this Code to the contrary,
a prosecution for a property violation shall not be commenced in the
Crestwood Municipal Division unless and until:
(1)
The defendant has been served, by personal service, first-class mail
to the defendant's last known address, or any other means authorized
by law, with a written notice specifically describing each violation,
and identifying what action(s) must be taken to remedy such violation(s);
(2)
The notice described in Subsection (b)(1), above, provided a reasonable
time, not less than ten (10) days, in which to abate such violation(s).
The notice may provide less than ten (10) days to abate the violation(s)
if there is an immediate, specifically identified risk to the public
health or safety; and
(3)
The defendant has failed to abate the violation(s) within the time
period specified in the notice.
[R.O. 1985 § 15-7; Ord. No. 4168[1], § 1, 2-10-2009; Ord. No. 5100, 11-10-2020]
No appointment of Municipal Court personnel shall be effective
unless the position and compensation are set forth in the annual budget.
The appointment and qualifications of the prosecuting attorney shall
be the same as for the Municipal Judge as set forth in Section 15-3(b).
The prosecuting attorney shall receive such compensation as established
by the Board of Aldermen, payable in equal monthly installments. One
(1) or more public defenders may be appointed by the Mayor, with the
advice and consent of the majority of the Board of Aldermen, to represent
defendants who are indigent and are entitled to counsel under Missouri
law. Once a public defender has been appointed by the Mayor and approved
by the Board of Aldermen, such public defender shall be eligible to
accept appointments by the Municipal Judge. A public defender may
be compensated as provided in Subsection (g) of Section 15-31
of this Code.
[1]
Editor's Note: This ordinance also provided for the repeal
of former § 15-7.
[R.O. 1985 § 15-8; Ord. No. 1242, § 2, 12-22-1970; Ord. No. 1959, § II (8.08), 4-24-1984]
(a)
Authorized. A Violations Bureau for traffic cases is hereby authorized
and may be established by order of the Judge.
(b)
Violations Clerk. The Municipal Court clerk shall serve as violations
clerk. The violations clerk shall accept appearance, waiver of trial,
plea of guilty and payment of fines and costs in designated traffic
offenses.
(c)
Designated Traffic Offenses. The Judge shall, by rule or order, designate
the traffic offenses within the authority of the violations clerk.
The Judge shall provide which offenses may be referred to the Bureau,
and which must be heard by the court only; and shall prescribe the
procedure of traffic cases in the Bureau, and for the keeping of records
and making of reports. The Judge shall specify, by order or rule,
the place where fines are to be paid; and shall specify by suitable
schedule the amount of fines to be imposed for first and subsequent
offenses and the costs to be assessed thereon.
(d)
Report To Finance Officer. The violations clerk shall, no later than
the third day of each month, pay over to the City Finance Officer
all fines and costs collected by the Bureau during the preceding month,
and shall submit a report thereon to the City Finance Officer at the
same time. The report shall be signed by the violations clerk and
receipted by the City Finance Officer, and a copy thereof to be filed
with the City Clerk.
(e)
Deputy Clerks. Any existing employee shall act as deputy violations
clerk at the discretion of the City Administrator. The deputy violations
clerks shall be at least twenty-one (21) years of age, and existing
employees of the City. The deputy violations clerks shall act if the
violations clerk is absent or disabled, or if there is a temporary
vacancy in such office. During such times the deputy violations clerks
shall have all the powers and authority of the violations clerk, and
shall perform all the duties imposed by law or ordinance upon the
violations clerk.
[R.O. 1985 § 15-9; Ord. No. 1959, § II (8.09), 4-24-1984]
(a)
The Missouri Supreme Court Rules of Practice and Procedure in Municipal
Courts shall govern the practice and procedure in the court, and the
rules of the court shall be supplementary to and consistent therewith.
The Judge may make such rules as are consistent with this Chapter
for the conduct of the business of the court, and for the order in
which the cases shall be tried. He or she shall also provide for such
other rules as may be required by the ordinances of the City and by
law.
[R.O. 1985 § 15-10; Ord. No. 1959, § II(8.06), 4-24-1984]
The Judge shall, by order, fix no more than three (3) evenings
per month for court sessions. One such sessions shall be for trial
of contested matters, and the other sessions shall be for the receipt
of pleas. The court sessions shall be held in the Crestwood Government
Center, or such place within the City as shall be provided by order
of the court. Such sessions shall begin at 7:00 p.m. unless otherwise
provided for by court order. If any regular session of court falls
on a holiday, the Judge may by order fix another night during the
month for a regular session of court to conduct any business at hand.
The Judge may by order fix the time and dates of special sessions
of the court where guilty pleas only will be heard, and he/she may
by order fix the time when the Violations Bureau will be open for
the transaction of business. Other special sessions or continued sessions
may be provided by order, when the business of the court requires.
[R.O. 1985 § 15-11; Ord. No. 1959, § II(8.10), 4-24-1984]
The Judge shall keep a docket showing the name of the defendant,
the offense, the date of trial, the findings of the court, the judgment
and such other facts as are necessary to show the full proceedings
in every case, and upon an application for trial de novo the Judge
shall make out and certify to the circuit court a full transcript
of the proceedings had in said case.
[R.O. 1985 § 15-12; Ord. No. 1959, § II(8.11), 4-24-1984]
Cases shall be entered on the court's docket and shall become
a part of the records of the court when information is filed by the
prosecutor or when the prosecutor approves a complaint made by an
individual other than a police officer, or when a defendant who is
given the opportunity to appear before the Violations Bureau fails
to appear within the time allowed him/her. The Chief of Police shall
order all complaints filed by Police Officers be reviewed by a supervisor;
upon approval of a complaint it shall be referred to the prosecutor,
whose decision shall be final as to whether or not the case shall
be entered on the court docket. Nothing in this Section shall be construed
to prevent the prosecutor, in his/her discretion, from requesting
dismissal or directing nolle prosequi of a case after it has been
entered on the court docket.
[R.O. 1985 § 15-13; Ord. No. 1959, § II(8.12), 4-24-1984; Ord. No. 4834, § 2, 1-9-2018]
All violations of the ordinances of this City shall be prosecuted
by information or complaint as may be determined by the prosecutor.
It shall be the duty of the prosecutor to prosecute the violations
of the City's ordinances before the Municipal Judge or before any
circuit or associate circuit Judge hearing violations of the City's
ordinances. The prosecutor in the municipal division shall be the
City Attorney, Assistant City Attorney or an attorney hired by the
Board of Aldermen to serve as prosecutor. The prosecutor may designate
assistant prosecutors as necessary. If the prosecutor has a conflict
on a case, the City Administrator may designate the City Attorney
or Assistant City Attorney as prosecutor for such case, or the Board
of Aldermen may, by ordinance, hire a special prosecutor. Every information
shall be signed by the prosecutor or assistant prosecutor. The prosecutor
may substitute his/her information for any complaint. The prosecutor
shall perform all duties required by Rule 37 of the Missouri Supreme
Court Rules and Chapter 479, RSMo.
[R.O. 1985 § 15-14; Ord. No. 1959, § II(8.13), 4-24-1984]
When a defendant is charged with both a traffic violation and
a violation of another ordinance of the City, separate complaints
and informations shall be filed against him/her, so that all charges
of traffic ordinance violations arising out of the same general state
of facts shall appear in one (1) complaint or information, and all
violations other than traffic violations arising out of the same general
state of facts shall appear in a complaint or information similar
to those prescribed by the rules of the Supreme Court of Missouri.
The prosecutor is authorized to make exceptions to these provisions
when in his/her judgment the number of charges, or the nature thereof,
or the interests of the defendant make it necessary or advisable to
use more than one (1) complaint or information in other cases than
herein prescribed.
[R.O. 1985 § 15-15; Ord. No. 1959, § II(8.13), 4-24-1984]
In prosecutions against corporations any officer, agent, foreman,
superintendent or other person in charge of the activities of the
corporation at the time and place of the violation may be jointly
charged with the corporation as a defendant and may be equally liable.
[R.O. 1985 § 15-16; Ord. No. 1959, § II(8.15), 4-24-1984]
When a complaint or information is filed against a defendant,
the clerk shall set the cause for preliminary hearing or plea not
less than eight (8) days nor more than forty-five (45) days thereafter.
When a traffic complaint is made by a police officer, the return date
shall be not less than eight (8) days nor more than thirty-five (35)
days thereafter, and shall be returnable to a date on which a regular
or special session of court is to be held. When a traffic case is
one which permits the defendant to appear before the Bureau, the return
date shall be not less than fifteen (15) days nor more than thirty-five
(35) days, and the defendant may appear in the Bureau and pay the
fine and penalties within five (5) days, excluding the date on which
the summons is served upon him/her, and if he or she fails to appear
before the Bureau within such time the clerk shall enter the cause
for hearing by the court on the court docket for the date stated in
the summons.
[R.O. 1985 § 15-17; Ord. No. 1959, § II(8.16), 4-24-1984]
Summonses, commitments to hold for trial, subpoenas, notices
to appear and appearance bonds in the court shall be returnable not
more than forty-five (45) days after service, unless otherwise ordered
by the court for good cause.
[R.O. 1985 § 15-18; Ord. No. 1959, § II(8.17), 4-24-1984]
Police Officers are required to make proper return on all warrants,
summonses, bench warrants, commitments, subpoenas, executions and
other processes, notices and orders delivered to them for official
action.
[R.O. 1985 § 15-19; Ord. No. 1959, § II(8.18), 4-24-1984]
Defendants may appear by attorney for any purpose or, by special
permission from the Judge, by parents or spouses, for the purpose
of requesting a continuance or pleading guilty.
[1]
Editor's Note: R.O. 1985 § 15-20, Bail generally, was
repealed by the City during the 2024 recodification project.
[R.O. 1985 § 15-21; Ord. No. 1959, § II(8.21), 4-24-1984]
The Judge, by rule, may authorize the acceptance of cash bonds
in such amounts and in such cases as may be fixed by order, in the
case of alleged traffic violations, and the amounts of such cash bonds
shall be as reasonable as possible in each case. At the request of
the Judge, the prosecutor shall prepare the form of cash bond to be
signed by the defendant, setting forth the conditions under which
the cash bond is received. The Judge, by separate order, may permit
such bonds in other than traffic cases.
[R.O. 1985 § 15-22; Ord. No. 1959, § II(8.20), 4-24-1984]
Before forfeiting any bond for the nonappearance of a defendant,
the surety shall be notified by mail that the bond will be forfeited
at a subsequent regular session of the court unless the defendant
is produced in court on that date. In the interest of justice, the
Judge may compromise or settle any forfeiture, which shall in no manner
affect the liability of the defendant for fine or imprisonment or
both if and when apprehended.
[R.O. 1985 § 15-23; Ord. No. 1959, § II(8.22), 4-24-1984]
(a)
The court may continue cases under such rules as it may adopt, provided
that no case shall be continued more than sixty (60) days, excepting
by consent of counsel for the City and the defendant or his/her attorney.
(b)
Upon the first setting of the case, the Judge may, upon request of
either side, continue the case to a day certain. At any subsequent
setting of the case, no continuance shall be granted unless the party
applying therefor satisfies the court that such continuance is in
the interest of justice and the Judge may require affidavit of the
party applying therefor, setting forth the reasons for the continuance;
but no continuance shall be in excess of the time permitted under
this Section. The court may require the defendant to enter into recognizance
before granting any continuances hereunder.
[R.O. 1985 § 15-24; Ord. No. 1959, § II(8.23), 4-24-1984]
In the furtherance of justice, the Judge may consolidate cases,
shall dismiss any charge which constitutes an element of a more serious
charge pending against the defendant, and may, when satisfied that
the defendant should be convicted of a less serious violation than
that with which he/she is charged, reduce the charge accordingly.
[R.O. 1985 § 15-25; Ord. No. 1959, § II(8.24), 4-24-1984]
(a)
The Judge may punish for criminal contempt.
(b)
Criminal contempt shall consist of:
(1)
Disorderly, contemptuous or insolent behavior committed during
a court session, in its immediate view and presence, and directly
tending to interrupt its proceeding or to impair the respect due to
its authority;
(2)
Any breach of the peace, noise or other disturbance directly
tending to interrupt court proceedings;
(3)
Willful disobedience of any process or order lawfully issued
or made by the court;
(4)
Resistance willfully offered by any person to the lawful order
or process of the court;
(5)
The contumacious and unlawful refusal of any person to be sworn
as a witness or, when so sworn, to refuse to answer any legal and
proper interrogatory;
(6)
Soliciting or aiding in the disposition of traffic tickets or
summonses after it has been entered on a court docket in any manner
not authorized by the court;
(7)
Contemptuous, scandalous or degrading utterances or publications
tending to bring the Judge or court into disrepute or ridicule.
(c)
Punishment for contempt may be by fine or imprisonment or both such
fine and imprisonment.
[R.O. 1985 § 15-26; Ord. No. 1959, § II(8.25), 4-24-1984; Ord. No. 4685, § 1, 9-13-2016]
Witness fees and mileage shall be as authorized by Sections
488.035 and 491.280, RSMo. No witness shall be entitled to fees unless
he/she appears under subpoena. Any witness attached for failure to
appear after summons shall forfeit his/her fees and mileage. A party
desiring the summoning of a witness at a distance greater than forty
(40) miles from his/her place of residence shall deposit with the
clerk the full amount of the witness fees and mileage before a subpoena
shall issue; provided, that if the witness is subpoenaed for the City
no deposit shall be required, but the fees and mileage shall be paid
out of funds appropriated for that purpose.
[R.O. 1985 § 15-27; Ord. No. 1959, § II(8.26), 4-24-1984]
When any person is arrested to be confined pending the filing
of charges against him/her, or pending trial after the filing of charges,
or to serve a sentence after trial, or pending the perfection of an
appeal, or as punishment for contempt, he/she shall be confined in
the City jail or delivered to the proper authorities for confinement.
[Ord. No. 5484, 9-24-2024]
(a)
Notwithstanding any other provision of law or ordinance, the judge of the Municipal Court of the City of Crestwood shall not issue a warrant of arrest for a person's failure to respond, pay the fine assessed, or appear in court with respect to a traffic citation issued under the following provisions of Chapter 14:
(b)
In lieu
of a warrant of arrest, the judge shall issue a notice of failure
to respond, pay the fine assessed, or appear, and shall schedule a
second court date for the person to respond, pay the fine assessed,
or appear. A copy of the court's notice with the new court date shall
be sent to the driver of the vehicle. If the driver fails to respond,
pay the fine assessed, or appear on the second court date, the judge
shall issue a second notice of failure to respond, pay the fine assessed,
or appear. A failure to respond, pay the fine assessed, or appear
after the second notice, may result in the issuance of a default judgment
under Section 556.021, RSMo.
(c)
At any
point after a default judgment has been entered, the driver may appear
in court to state that he or she is unable to pay and to request the
court to modify the judgment. The court shall hold a hearing to determine
whether the driver has the ability to pay. If the court finds the
driver lacks the present ability to pay, the court shall modify the
judgment in any way authorized by statute or court rule, including:
(d)
At any
point after the default judgment has been entered, the driver may
appear in court and show proof that he or she corrected the equipment
violation for which the fine and costs were assessed. If the driver
shows such proof, the court may waive the fines and costs that are
due.
[1]
Editor's Note: Former § 15-28, Work by prisoner,
which was derived from Ord. No. 1959, adopted 4-24-1984, was repealed
9-13-2016 by Ord. No. 4685. Subsequently this Section number was used
to include the provisions set out herein.
[R.O. 1985 § 15-29; Ord. No. 1959, § II (8.28), 4-24-1984; Ord. No. 4685, § 1, 9-13-2016]
When a fine is assessed for violating an ordinance, it shall
be within the discretion of the Municipal Judge to provide for the
payment of the fine on an installment basis under such terms and conditions
as the Judge may deem appropriate. If a defendant is assessed a fine,
and fails to pay such fine, or an installment thereof, by the date
ordered by the Municipal Judge, the clerk shall issue a summons ordering
the defendant to appear in court to show cause for non-payment. If
the defendant fails to appear on the date provided in the summons,
the court may then issue a warrant to secure the defendant's appearance
for a hearing on the order to show cause. The summons may be served
by the clerk mailing it to the defendant's last known address by first-class
mail. When any person shall be unable to pay any fine or costs assessed
against him/her the Judge may commute such fine and costs.
[R.O. 1985 § 15-30; Ord. No. 1959, § II (8.29), 4-24-1984]
Upon conviction of a defendant, the Judge may, in the interest
of justice, stay any fine and costs or any portion thereof, including
minimum fines and costs, or stay any commitment, in either case with
or without the payment of costs and on such terms and conditions as
he/she may deem necessary and advisable. The Judge may also commute
jail sentences to the time served or held in jail, or stay jail sentences
upon condition.
[R.O. 1985 § 15-31; Ord. No. 1959, § II (8.30), 4-24-1984; Ord. No. 3252, § 1, 3-9-1993; Ord. No. 3355, § 1, 6-27-1995; Ord. No. 3437, § 1, 12-10-1996; Ord. No. 3468, § 1, 7-22-1997; Ord. No. 3695, § 1, 11-27-2001; Ord. No. 4106, § 1, 1-8-2008; Ord. No. 4108, § 1, 1-8-2008; Ord. No. 4515, § 1, 12-9-2014; Ord. No. 4685, § 1, 9-13-2016; Ord. No. 4914, 11-13-2018; 11-10-2020 by Ord. No.
5100]
(a)
Application. The provisions of this Section relating to court costs
shall apply to all cases in the Municipal Court.
(b)
Minimum. In all cases, municipal division costs shall be twelve dollars
($12), subject to such increase as authorized by law.
(c)
Surcharges. In addition to the municipal division costs, the following
surcharges shall be assessed in all cases involving a judgment for
violation of a City ordinance, except where the defendant is found
by the Municipal Court Judge to be indigent and unable to pay costs:
(1)
Crime victims' compensation fund surcharge: seven dollars fifty
cents ($7.50).
(2)
Law enforcement training surcharge: two dollars ($2).
(3)
Peace officer standards and training surcharge: one dollar ($1).
(4)
Domestic violence shelter surcharge: four dollars ($4).
(5)
Inmate security fund surcharge: two dollars ($2).
(6)
State court automation surcharge: seven dollars ($7).
(d)
Additional Costs. To the extent applicable in a particular case,
the following costs will be added to the assessment of court costs:
(1)
Bad check fees as authorized by Section 570.120, RSMo.
(2)
Fees for postage and copies as provided by local court rule.
(3)
Costs of thirty ($30) for applications for trial de novo.
(4)
Any other costs authorized by Chapter 488, RSMo., or Missouri
Supreme Court Operating Rule 21 for cases filed in a municipal division.
(e)
Recoupment Of Incarceration Fees.
(1)
Any person convicted of an offense, misdemeanor or ordinance
violation and committed to the St. Louis County Jail, or any subsequent
provider of jail services on behalf of the City, shall pay for the
cost of their incarceration, to the extent authorized by Section 221.070,
RSMo. The cost assessed to an inmate shall be the actual costs charged
against the City by the correctional facility. Said costs may consist
of all reasonable costs of confinement calculated on a per diem basis
or based on actual expenses, including, without limitation, any necessary
transportation related thereto and medical costs incurred while a
person is incarcerated.
(2)
Any and all medical expenses incurred by an inmate charged against
the City shall be imposed upon the incarcerated person receiving such
medical treatment, including, without limitation, medical expenses
incurred in connection with medical and dental examinations and treatment,
over-the-counter and prescription medications, and hospitalization
expenses, less any co-payment collected from the inmate at the time
medical expenses were rendered and received.
(f)
Upon a plea of guilty or a finding of guilty for an offense of violating
the provisions of Section 577.010, RSMo., or Section 577.012, RSMo.,
or violations of City 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 Crestwood Police Department 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 Crestwood Police Department may establish
a schedule of such costs; however, the court may order the costs reduced
if it determines the costs are excessive.
(g)
Pursuant to Section 479.260, RSMo., an appointed counsel fund is hereby established. 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. One dollar ($1) from the costs assessed pursuant to Subsection (b) of this Section and shall be credited to the appointed counsel fund. Additional funds may be included in the City's general fund to pay any appointed counsel fees that are not covered by the appointed counsel fund. The appointed counsel fund shall not retain more than five thousand dollars ($5,000). All excess funds shall be transmitted quarterly to the City's general fund.
[R.O. 1985 § 15-32; Ord. No. 1959, § II(8.31), 4-24-1984; Ord. No. 4685, § 1, 9-13-2016]
(a)
Bill Of Costs. The clerk shall cause to be prepared and shall keep
in each case a bill of costs according to the foregoing, in such form
as may be approved by the Judge. The cost bill shall be subject to
approval by the Judge and when so approved the amount thereof shall
be entered in the docket.
(b)
Reducing Or Staying Costs. To the extent permitted by law, the Judge
may reduce the costs in any case by striking all or any portion of
the amounts provided for in this Chapter, or may stay the cost permanently,
or pending further orders, or upon such conditions as he/she may deem
advisable in the interest of justice.
(c)
Assessing Costs. Costs shall be assessed against the defendant when
the defendant pleads or is found guilty, unless the defendant is found
by the court to be indigent, and costs shall also be assessed in accordance
with the provisions of Section 15-31 in cases of conviction of
criminal contempt, and forfeitures of bonds so far as applicable to
the particular case.
[R.O. 1985 § 15-33; Ord. No. 3191, § 1, 6-11-1991; Ord. No. 3818, § 1, 2-24-2004; Ord. No. 4578, §§ 1,
2, 9-22-2015; Ord. No.
4685, § 1, 9-13-2016]
(a)
It shall be unlawful for any person to knowingly fail to appear in
the Municipal Court when directed to do so pursuant to a complaint,
information, bond return, summons, order, subpoena, execution, or
other process or order. Proof of delivery or mailing of the complaint,
information, bond return, summons, order, subpoena, execution or other
process or order to the person shall establish a presumption of knowledge
by that person of his or her appearance date.
(b)
No additional charge shall be issued for the failure to appear for
a minor traffic violation, as defined in Section 479.350(3), RSMo.
[R.O. 1985 § 15-34; Ord. No. 3666, § 1, 5-8-2001; Ord. No. 4685, § 1, 9-13-2016]
(a)
Whenever any person has been found guilty of an ordinance violation
the court shall make one (1) or more of the following dispositions
of the offender in any appropriate combination.
The court may:
(1)
Sentence the person to a term of imprisonment as authorized
by Section 1-6 of this Code;
(2)
Sentence the person to pay a fine as authorized by Section 1-6
of this Code;
(3)
Suspend the imposition of sentence, with or without placing
the person on probation;
(4)
Pronounce sentence and suspend its execution, place the person
on probation;
(5)
Impose a period of detention as a condition of probation, as
authorized by Section 559.026, RSMo.
(6)
Impose any special sentence or sanction authorized by law.
(b)
No additional costs shall be charged to a defendant for participation
in community service.
(c)
Pursuant to Section 559.607, RSMo., persons found guilty or pleading
guilty to ordinance violations and placed on supervised probation
by the Municipal Judge shall contribute a service fee to the court
in the amount consistent with Section 559.607, RSMo., to the private
entity providing him or her with supervision and rehabilitation services.
The amount of the contribution shall be determined by the Municipal
Judge. No such service fee is required if a person is placed on bench
probation or is supervised by the court. The Judge may exempt a person
from all or part of the foregoing contribution if he or she finds
any of the following factors to exist:
(1)
The offender has diligently attempted, but has been unable,
to obtain employment which provides him or her sufficient income to
make such payments;
(2)
The offender is a student in a school, college, university or
course of vocational or technical training designed to fit the student
for gainful employment. Certification of such student status shall
be supplied to the court by the educational institution in which the
offender is enrolled;
(3)
The offender has an employment handicap, as determined by a
physical, psychological or psychiatric examination acceptable to or
ordered by the court;
(4)
The offender's age prevents him or her from obtaining employment;
(5)
The offender is responsible for the support of dependents, and
the payment of such contribution constitutes an undue hardship on
the offender;
(6)
There are other extenuating circumstances as determined by the
court to exempt or partially reduce such payments; or
(7)
The offender has been transferred outside the State under an
interstate compact adopted pursuant to law.
[R.O. 1985 § 15-35; Added 5-28-2019 by Ord. No. 4971]
(a)
Search Warrant Defined; Who May Issue, Execute.
(1)
An administrative search warrant is a written order of the Municipal
Judge permitting the entry of City officials on or into private property,
a structure or improvement to enforce the City's housing, building,
fire prevention, zoning, health and safety regulations when government
entry on or into such property is otherwise authorized by Missouri
law. A warrant may issue only in conformance with this Section and
only for the enforcement of the City's housing, building, fire prevention,
zoning, health and safety regulations, specifically:
(2)
The Municipal Judge of the City of Crestwood may issue an administrative
search warrant when:
(3)
Any such warrant shall be directed to the Chief of Police or
any other Police Officer, Code Enforcement Officer, or Fire Official
of the City and shall be executed by the Chief of Police or said Police
Officer, Code Enforcement Officer, Fire Official or other appropriate
City official within the City limits and not elsewhere.
(b)
Who May Apply For Warrant; Contents Of Application.
(1)
Any Code Enforcement Officer, Police Officer, or Fire Official
of the City may make application to the Municipal Judge for the issuance
of an administrative warrant.
(2)
The application shall:
a.
Be in writing;
b.
State the time and date of the making of the application;
c.
Identify the property or places to be entered, searched, inspected
or seized in sufficient detail and particularity that the official
executing the warrant can readily ascertain it;
d.
State that the owner or occupant of the property or places to
be entered, searched, inspected or seized:
e.
State facts sufficient to show probable cause for the issuance
of a search warrant as provided in Subsection (c) of this Section
to:
1.
Search or inspect for violations of an ordinance or Code section
specified in the application; or
2.
Show that entry or seizure is authorized and necessary to enforce
an ordinance or Code section specified in the application and/or abate
an ordinance violation and that due process has been afforded prior
to the entry or seizure;
f.
Be verified by the oath or affirmation of the applicant; and
g.
Be signed by the applicant and the City's prosecuting attorney,
and shall be filed in the municipal division. The application may
include affidavits, photographs, or other records necessary to establish
probable cause.
(3)
The application shall be considered in determining whether there
is probable cause for the issuance of a search warrant and in filling
out any deficiencies in the description of the property or place to
be searched or inspected. Oral testimony shall not be considered.
(4)
The application may be submitted to the municipal division by
hand delivery, mail or facsimile or other electronic means.
(c)
Determination Of Probable Cause; Issuance; Contents Of Warrant; Execution
And Return.
(1)
Determination Of Probable Cause/Issuance.
a.
The Municipal Judge shall determine whether probable cause exists
to inspect or search for the purposes noted herein.
b.
In doing so the Municipal Judge shall determine whether the
action to be taken by the City is reasonable in light of the facts
stated. The Municipal Judge shall consider the goals of the ordinance
or Code section sought to be enforced and such other factors as may
be appropriate, including, but not limited to, the physical condition
of the specified property, the age and nature of the property, the
condition of the area in which the property is located, the known
violation of any relevant City ordinance or Code section, the passage
of time since the property's last inspection and the authority authorizing
government entry onto private property. The standard for issuing a
warrant need not be limited to actual knowledge of an existing violation
of a City ordinance or Code Section.
c.
If it appears from the application and any supporting affidavit
that there is probable cause to inspect or search the private property
for the enforcement of the City's housing, zoning, health and safety
regulations, an administrative search warrant shall immediately be
issued.
d.
The warrant shall issue in the form of an original and two (2)
copies and the application, any supporting affidavit and one (1) copy
of the warrant as issued shall be retained in the records of the municipal
division.
e.
A search warrant shall expire if it is not executed within ten
(10) days after the date of the making of the application.
(2)
Contents Of Administrative Search Warrant. The administrative
search warrant shall:
a.
Be in writing and in the name of the City;
b.
Be directed to any police officer, code enforcement officer,
or fire official in the City;
c.
State the time and date the warrant was issued;
d.
Identify the property or places to be searched, inspected or
entered upon in sufficient detail and particularity that the officer
executing the warrant can readily ascertain it;
e.
Identify the regulation sought to be enforced;
f.
Command that the described property or places be entered upon
for one (1) or more specified enforcement purposes as provided herein,
including inspection or abatement;
g.
Direct that any evidence of any suspected ordinance violations
be seized, recorded or photographed and a description of such property
be returned within ten (10) days after issuance of the warrant to
the clerk of the municipal division to be dealt with according to
law;
h.
Be signed by the Judge with his or her title of office indicated.
(3)
Execution. A search warrant issued under this Section shall
be executed only by a City Police Officer, Code Enforcement Officer,
or Fire Official; provided, however, that one (1) or more designated
City officials may accompany the officer or official and the warrant
shall be executed in the following manner:
a.
Copies of the warrant shall be given to the officer executing
the warrant. Copies may be transmitted by hand delivery, mail or by
facsimile or other electronic means.
b.
The warrant shall be executed by conducting the search, inspection,
entry, abatement, or seizure as commanded and shall be executed as
soon as practicable and in a reasonable manner but in no less than
ten (10) days after issuance of the warrant.
c.
The officer may summon as many persons as he or she deems necessary
to assist him or her in executing the warrant and such persons shall
not be held liable as a result of any illegality of the search and
seizure.
d.
The officer shall give the owner or occupant of the property
searched, inspected or entered upon a copy of the warrant or shall
leave a copy of the warrant at the property if the owner or occupant
is not available.
e.
In the event that a warrant authorizes abatement of a nuisance
or other conditions, the Police Officer, Code Enforcement Officer,
or Fire Official is not required to stay on the property during the
entire length of time that it takes for the abatement to be completed.
(4)
Itemized Receipt/Disposition Of Seized Property.
a.
If any property is seized incident to the search or abatement,
the officer shall give the person from whose possession it was taken,
if the person is present, an itemized receipt for the property taken.
If no such person is present, the officer shall leave the receipt
at the site of the search or abatement in a conspicuous place.
b.
A copy of the itemized receipt of any property taken shall be
delivered to the prosecuting attorney for the City or the City Attorney
within two (2) working days of the search.
c.
The disposition of property seized pursuant to a warrant under
this Section shall be in accordance with an applicable City ordinance
or Code section, but in the absence of same, then with Section 542.301,
RSMo.
(5)
Return Required After Execution Of Search Warrant.
a.
After execution of the search warrant, the warrant, with a return
thereon signed by the officer making the search, shall be delivered
to the municipal division.
b.
The return shall show the date and manner of execution and the
name of the possessor and of the owner, when not the same person,
if known, of the property or places searched or seized.
c.
The return shall be accompanied by any photographs, copies or
recordings made and by any property seized, along with a copy of the
itemized receipt of such property required by this Section; provided,
however, that seized property may be disposed of as provided herein
and, in such a case, a description of the property seized shall accompany
the return.
d.
The municipal division clerk, upon request, shall deliver a
copy of the return to the possessor and the owner, when not the same
person, of the property searched or seized.
(d)
Warrant Invalid, When.
(1)
An administrative search warrant shall be deemed invalid:
a.
If it was not issued by the Municipal Judge;
b.
If it was issued without a written application having been filed
and verified;
c.
If it was issued without sufficient probable cause in light
of the goals of the ordinance to be enforced and such other factors
as provided in Subsection (c) hereof;
d.
If it was not issued with respect to property or places in the
City;
e.
If it does not describe the property or places to be searched,
inspected, entered upon or seized with sufficient certainty;
f.
If it is not signed by the Judge who issued it; or
g.
If it was not executed within ten (10) days after the date of
the issuance of the warrant.
(2)
An officer making a search pursuant to an invalid warrant, the
invalidity of which is not apparent on its face, may use such force
as he or she would be justified in using if the warrant were valid.
