The City's Municipal Court has been established for many years.
The Municipal Court shall hereafter be known as "Circuit Court of
Taney County, Missouri, Forsyth Municipal Division."
[1]
Editor's Note — Ord. No. 261 adopted September 13, 1994,
set out new provisions concerning Municipal Court, replacing the previous
Ch. 110 which derived from Ord. No. 157 §§3, 4 — 6
adopted March 7, 1979. Subsequently Ord. No. 530, enacted 11-16-2020
set out new provisions concerning Municipal Court, replacing the previous
Ch. 110 which derived from Ord.
No. 261 §1, 9-13-1994; Ord. No. 283 §1, 12-10-1996; Ord. No. 305 §1, 3-23-1999; Ord. No. 338 §§1
— 2, 10-23-2001; Ord. No. 454 §5, 4-16-2012; Ord.
No. 472 §§1 — 2, 7-15-2013; and Ord. No. 524, 4-20-2020.
[Ord. No. 530, 11-16-2020; Ord.
No. 532, 12-21-2020]
The jurisdiction of the Municipal Court shall extend to all
cases involving alleged violations of the Municipal Code.
[Ord. No. 530, 11-16-2020; Ord.
No. 532, 12-21-2020]
The Municipal Court shall be subject to the rules of the Circuit
Court of Taney County, Missouri, and the rules of the Supreme Court
of the State of Missouri, and shall be subject to the general administrative
authority of the Presiding Judge of the Circuit Court of Taney County,
Missouri.
[Ord. No. 530, 11-16-2020; Ord.
No. 532, 12-21-2020]
The City authorizes a Traffic Violations Bureau so that defendants
may conveniently pay their fines and costs. Implementation and operation
of the Bureau shall be at the discretion of the Circuit Court of Taney
County, Missouri.
[Ord. No. 530, 11-16-2020; Ord.
No. 532, 12-21-2020]
The City shall appoint the City Prosecuting Attorney, who shall
prosecute the violations of the Municipal Code. The salary or fees
of the City Prosecuting Attorney and the expenses incurred in such
prosecutions shall be paid by the City. The compensation of the City
Prosecuting Attorney shall not be contingent upon the result in any
case.
[Ord. No. 530, 11-16-2020; Ord.
No. 532, 12-21-2020]
A.
Whenever
any defendant has entered a plea of guilty or has been found guilty
of violation of a provision of the Municipal Code, the Judge shall
make one (1) or more of the following dispositions in any appropriate
combination. The Judge may:
1.
Sentence the defendant to a term of imprisonment as authorized by
the Municipal Code.
2.
Sentence the defendant to pay a fine as authorized by the Municipal
Code.
3.
Suspend the imposition of sentence and place the defendant on probation
for a period not in excess of two (2) years.
4.
Pronounce sentence, suspend its execution, and place the defendant
on probation for a period not in excess of two (2) years.
5.
Require the defendant to perform community service in lieu of payment
of fine or in addition to the payment of fine.
[Ord. No. 530, 11-16-2020; Ord.
No. 532, 12-21-2020]
A.
In
addition to any fine that may be imposed, court costs shall be assessed
as follows:
1.
Court costs in the amount of fifteen dollars ($15.00).
2.
Peace Officer Training.
a.
Locally. In all cases except those for non-moving traffic violations,
costs for the training of Police Officers in the amount of two dollars
($2.00).
b.
Statewide. An additional one dollar ($1.00) shall be assessed as
costs in all cases, except those for non-moving traffic violations.
This fee shall be deposited with the Treasurer of the State in the
Peace Officer Standards and Training Commission Fund, to be used Statewide
for training of Peace Officers.
3.
Crime Victim's Compensation Fund of seven dollars fifty cents ($7.50)
to be assessed as costs in each court proceeding filed in any court
in the State for a violation of a municipal ordinance, including traffic
and general ordinance violations. The City will remit seven dollars
thirteen cents ($7.13) to the State Department of Revenue and thirty-seven
cents ($0.37) to the City.
4.
Municipal court costs for violations of the City's ordinances shall
include a surcharge of three dollars ($3.00), except when the costs
are waived or are to be paid by the City. Such funds shall be payable
to the Missouri Sheriff's Retirement Fund.
5.
In addition to the other costs authorized in this Section, there
shall be assessed a State Court Automation Surcharge of seven dollars
($7.00) in all cases in which court costs are taxed. The surcharge
shall be collected by the Clerk and transmitted monthly to the Missouri
Director of Revenue to the credit of the Missouri Statewide Automation
Fund, as provided in Section 488.012.(5), RSMo., and Section 488.027.2,
RSMo.
[Ord. No. 530, 11-16-2020; Ord.
No. 532, 12-21-2020]
When a defendant has entered a plea of guilty or has been found
guilty of violating any municipal ordinance involving the operation
of a motor vehicle, the Court may suspend sentencing pending the successful
completion by the defendant of a course of educational training designed
to improve the safety habits of drivers or may order a defendant to
attend such a course in lieu of or in addition to the penalty otherwise
provided.
[Ord. No. 530, 11-16-2020; Ord.
No. 532, 12-21-2020]
A defendant who has been sentenced to pay a fine may at any
time petition the sentencing court for a revocation of a fine or any
unpaid portion thereof. If it appears to the court that the circumstances
which warranted imposition of the fine no longer exists or that it
would otherwise be unjust to require payment of the fine, the Municipal
Judge may revoke the fine or the unpaid portion thereof in whole or
in part, or may modify the method of payment.
[Ord. No. 530, 11-16-2020; Ord.
No. 532, 12-21-2020]
The City Clerk is directed to transmit a certified copy of this Chapter 110 of the Municipal Code to the Circuit Clerk of the Circuit Court of Taney County, Missouri.
