[Ord. No. 23-05, 9-11-2023; Ord.
No. 23-06, 11-13-2023; Ord. No. 24-01, 1-11-2024; Ord. No. 24-04, 3-11-2024]
The Village of Oak Grove, Missouri, hereby elects to have all
violations of its municipal ordinances heard and determined by an
Associate Circuit Judge (hereafter "Judge") of the Circuit Court of
Franklin County, Missouri, the County in which the Village of Oak
Grove is located.
[Ord. No. 23-05, 9-11-2023; Ord.
No. 23-06, 11-13-2023; Ord. No. 24-01, 1-11-2024; Ord. No. 24-04, 3-11-2024]
The division of the Circuit Court of Franklin County, Missouri,
which hears and determines violations of the ordinances of the Village
of Oak Grove, shall be known as the "Oak Grove Municipal Division
of the Circuit Court of Franklin County, Missouri" (hereafter "Oak
Grove Municipal Division").
[1]
Editor's Note: Former Section 140.040, Clerk of Municipal
Division, was repealed 11-13-2023 by Ord. No. 23-06.
[Ord. No. 23-05, 9-11-2023; Ord.
No. 23-06, 11-13-2023; Ord. No. 24-01, 1-11-2024; Ord. No. 24-04, 3-11-2024]
The Judge shall hear and determine violations of the ordinances
of the Village in a courtroom provided by Franklin County.
[Ord. No. 23-05, 9-11-2023; Ord.
No. 23-06, 11-13-2023; Ord. No. 24-01, 1-11-2024; Ord. No. 24-04, 3-11-2024]
All prosecutions for violations of the Village ordinances shall
be instituted by information and shall be based upon a notice of violation.
Proceedings shall be in accordance with the Supreme Court Rules governing
practices and procedures in proceedings before municipal judges.
[Ord. No. 23-05, 9-11-2023; Ord.
No. 23-06, 11-13-2023; Ord. No. 24-01, 1-11-2024; Ord. No. 24-04, 3-11-2024]
All warrants issued by the Judge hearing violations of Village
ordinances shall be directed to an Ordinance Enforcement Officer of
the Village or to the Sheriff of Franklin County. The warrants shall
be executed by the Ordinance Enforcement Officer at any place within
the limits of the Village or by the Sheriff at any place within the
limits of Franklin County, and not elsewhere, unless the warrants
are endorsed in the manner provided for warrants in criminal cases,
and when so endorsed, shall be served in other Counties, as provided
for in warrants in criminal cases.
[Ord. No. 23-05, 9-11-2023; Ord.
No. 23-06, 11-13-2023; Ord. No. 24-01, 1-11-2024; Ord. No. 24-04, 3-11-2024]
The village shall appoint an attorney to prosecute violations
of Village ordinances on behalf of the Village before the Judge hearing
such violations. The Village shall determine the compensation of the
attorney and the expenses to be paid. Such compensation and expenses
shall be paid by the Village.
[Ord. No. 23-05, 9-11-2023; Ord.
No. 23-06, 11-13-2023; Ord. No. 24-01, 1-11-2024; Ord. No. 24-04, 3-11-2024]
In any trial for the violation of an ordinance of the Village,
all issues of fact shall be tried by the Judge.
[Ord. No. 23-05, 9-11-2023; Ord.
No. 23-06, 11-13-2023; Ord. No. 24-01, 1-11-2024; Ord. No. 24-04, 3-11-2024]
In case of a breach of any recognizance entered into before
a Judge hearing violations of the ordinances of the Village, the same
shall be deemed forfeited and the Judge shall cause the same to be
prosecuted against the principal and surety, or either of them, in
the name of the Village of Oak Grove as plaintiff. All monies recovered
in such action shall be paid over to the Village Treasury to the General
Revenue Fund of the Village.
[Ord. No. 23-05, 9-11-2023; Ord.
No. 23-06, 11-13-2023; Ord. No. 24-01, 1-11-2024; Ord. No. 24-04, 3-11-2024]
It shall be the duty of the Village Clerk to properly certify
and maintain a complete copy of the Village Code on file with the
clerk of the Oak Grove Municipal Division, which shall constitute
evidence before the court of absolute verity without further proof.
[Ord. No. 23-05, 9-11-2023; Ord.
No. 23-06, 11-13-2023; Ord. No. 24-01, 1-11-2024; Ord. No. 24-04, 3-11-2024]
A.
COURT COSTS
FEES
MISCELLANEOUS CHARGES
SURCHARGES
Definitions.
The following words and phrases, as used in this Section, shall have
the following respective meanings:
The total of fees, miscellaneous charges and surcharges imposed
in a particular case.
The amount charged for services to be performed by the Court.
The amounts allowed by law for services provided by individuals
or entities other than the Court.
Additional amounts payable to the State of Missouri or other
entities or payable to the City for specific designated purposes that
are imposed for specific purposes designated by law and assessed by
the Court.
B.
Court
Costs Imposed. In addition to any fine that may be imposed, the Municipal
Judge may assess against the defendant as Court costs any or all of
the following costs, except in those cases where the defendant is
found by the Judge to be indigent and unable to pay the costs:
1.
Court Fees. Court fees in the amount of fifteen dollars ($15.00)
as set forth in Section 479.260, RSMo., and limited by Section 488.012,
RSMo.;
2.
Crime Victims' Compensation Fund Surcharge. A surcharge in the amount
of seven dollars fifty cents ($7.50) as imposed by Section 595.045,
RSMo., for purposes of the Crime Victims' Compensation Fund established
by the State of Missouri. Any sums collected pursuant to this Subsection
shall be distributed ninety-five percent (95%) to the State of Missouri for
deposit to the Crime Victims' Compensation Fund and five percent (5%)
to the City as reimbursement for the costs of collection of such State-imposed
charge;
3.
Peace Officer Standards And Training Surcharge. A surcharge in the
amount of one dollar ($1.00) as imposed by Section 488.5336, RSMo.,
for purposes of the Peace Officer Standards and Training Commission
Fund created by Section 590.178, RSMo. Any sums collected pursuant
to this Subsection shall be distributed to the State of Missouri for
deposit to the Peace Officer Standards and Training Commission Fund;
4.
Law Enforcement Training Surcharge. A surcharge in the amount of
two dollars ($2.00) as set forth in Section 488.5336, RSMo., for training
Law Enforcement Officers. Such surcharge shall be deposited with the
Director of Finance who shall place such costs in a special account
to be used for training Law Enforcement Officers;
5.
Alcohol-Related Traffic Offense Cost Recoupment. The actual and reasonable
costs incurred by the City as determined by the Municipal Judge for
costs associated with the arrest for violation of any City ordinance
involving alcohol- or drug-related traffic offenses, including the
cost of any chemical test 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 as set forth in Section 488.5334,
RSMo.; and
6.
Statewide Court Automation Fund Surcharge. In addition to any cost
which may be assessed by the Municipal Division pursuant to Statute,
ordinance, or court rule, in every proceeding filed in the Municipal
Division for violation of an ordinance when the Statewide court automation
case management system is in operation, a surcharge of seven dollars
($7.00) shall be assessed. Such surcharge shall also be assessed in
cases in which pleas of guilty are processed in the Violations Bureau.
C.
Court
Costs Prohibited, When. Court costs shall not be assessed when the
case is dismissed or when costs are to be paid by the State, County,
or City.
D.
Judicial
Waiver Of Court Costs. Nothing in this Section shall be construed
to prohibit or limit the authority of the Municipal Judge to waive
fees, miscellaneous charges and surcharges imposed in a particular
case in whole or in part.
[Ord. No. 23-05, 9-11-2023; Ord.
No. 23-06, 11-13-2023; Ord. No. 24-01, 1-11-2024; Ord. No. 24-04, 3-11-2024]
A.
The
Oak Grove Municipal Division shall utilize the Show-Me Courts Case
Management System. The Court Clerk shall collect and transmit fines
and costs, report all transactions and manage all cases in accordance
with the procedures established for, and is hereby authorized to collect
outstanding fines and costs through the Missouri Courts Tax Offset
Program as administered under the procedures of JIS.
B.
All
fines shall be paid at least monthly into the Village Treasury, and
all Court costs shall be remitted according to applicable Missouri
Statutes and Rules of the Missouri Supreme Court governing where they
must be disbursed.
[Ord. No. 23-05, 9-11-2023; Ord.
No. 23-06, 11-13-2023; Ord. No. 24-01, 1-11-2024; Ord. No. 24-04, 3-11-2024]
The Oak Grove Municipal Division shall adopt a schedule of standard
fines and penalties consistent with such fines and penalties as required
or permitted by law and Supreme Court Rule, which schedule of fines
and penalties shall be adopted by the Oak Grove Board of Trustees
by ordinance.
[Ord. No. 23-06, 11-13-2023; Ord.
No. 24-01, 1-11-2024; Ord. No. 24-04, 3-11-2024]
All ordinances inconsistent with this ordinance, including Ordinance
23-06, are hereby repealed.
