[1]
State Law Reference: As to certain violations concerning an
accused with special needs, § 479.040, RSMo.
The City of Twin Oaks hereby elects to have all violations of
its municipal ordinances heard and determined by the Judge of the
Circuit Court of St. Louis County, Missouri, the County in which the
City of Twin Oaks is located.
The Division of the Circuit Court of St. Louis County, Missouri,
which hears and determines violations of the ordinances of the City
of Twin Oaks shall be known as the "Municipal Division of the Circuit
Court of St. Louis County, Missouri."
The rules governing the procedure and practice in the Municipal
Court shall be those established and promulgated by the Supreme Court
of Missouri on July 1, 1959, and such subsequent rules as the Supreme
Court shall from time to time establish and promulgate; and any provision
in these ordinances which shall be in conflict with such rules is
hereby repealed.
The Associate Circuit Judge may establish a Violations Bureau
in the City of Twin Oaks, and shall establish such a Bureau when a
request therefor is made by the Board of Aldermen of the City of Twin
Oaks. The Violations Bureau shall operate under the supervision of
the Circuit Court, and the Associate Circuit Judge hearing and determining
violations of the ordinances of the City of Twin Oaks, and shall be
operated in accordance with the rules of the Supreme Court and the
rules of the Circuit Court. All expenses incident to the operation
of the Violations Bureau, including salaries of clerical personnel,
shall be paid by the City of Twin Oaks. The City shall provide suitable
quarters for the Violations Bureau. The Violations Bureau shall accept
pleas of guilty to certain violations of traffic ordinances designated
by the Associate Circuit Judge and shall accept payments of fines
established by the Associate Circuit Judge and Court costs assessed
on said pleas of guilty.
All prosecutions for the violation of City ordinances shall
be instituted by information and may be based upon a complaint. Proceedings
shall be in accordance with the Supreme Court Rule governing practices
and procedures in proceedings before Municipal Judges.
In the trial of violations of the ordinances of the City, a
copy of a City ordinance which is certified by the Clerk of the City
shall constitute prima facie evidence of such ordinance. If such certified
copy is on file with the Clerk of the Municipal Division and readily
available for inspection by the parties, the Judge may take judicial
notice of such ordinance without further proof.
When a fine is assessed for violation of an ordinance, it shall
be within the discretion of the Judge assessing the fine to provide
for the payment of the fine on an installment basis under such terms
and conditions as he/she may deem appropriate.
A.
In
addition to any fine that may be imposed by the Judge in any case
filed in the City of Twin Oaks Municipal Division of the Circuit Court
of St. Louis County, 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 or other official collecting
monies due 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 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) per
case for each criminal case, including violations of any County or
municipal ordinance, 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
Twin Oaks 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.
12.
Prosecuting Attorney Training Surcharge as authorized by Section
56.765, RSMo., one dollar ($1.00).
[R.O. 2016 § 115.020(A)(7); R.O. 2011 § 115.020; Ord. No. 96-44 §§ 1 — 4, 12-18-1996]
13.
Independent Living Center Fund Surcharge as authorized by Section
488.5332, RSMo., one dollar ($1.00).
[R.O. 2016 § 115.020(A)(9); R.O. 2011 § 115.020; Ord. No. 96-44 §§ 1 — 4, 12-18-1996]
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.