City of St. Ann, MO
St. Louis County
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Table of Contents
Table of Contents
[1]
Cross References — General penalty for Code violations, §100.090; motor vehicles and traffic, Title III; offenses, ch. 215; police, ch. 200.

Section 130.010 Established — Personnel.

[CC 1988 §2-301; Ord. No. 886 §§1, 5, 12-18-1978]
A. 
The City hereby establishes and maintains a Municipal Court with a Municipal Judge and such additional nonjudicial personnel as may be required for the operation of the Municipal Court system within the City.
B. 
The Mayor of the City is hereby authorized, with the consent of a majority of the Board of Aldermen, to appoint such nonjudicial personnel as may be required.

Section 130.020 Judge — Appointment, Salary.

[CC 1988 §2-302; Ord. No. 886 §2, 12-18-1978]
The Mayor is hereby authorized, with the consent of a majority of the Board of Aldermen, to appoint a judge of the Municipal Court to serve for a term of two (2) years. Any person duly appointed Municipal Judge shall be qualified through the enactment of an ordinance duly passed by the Board of Aldermen and approved by the Mayor and his/her taking the oath of office. Such ordinance of appointment shall establish the salary to be paid to the Municipal Judge during the term of his/her office.

Section 130.030 Qualifications of Judge.

[CC 1988 §2-304; Ord. No. 886 §4, 12-18-1978]
No person shall be appointed judge of the Municipal Court unless he/she meets all of the requirements of State law.

Section 130.040 Absence of Judge, Procedure.

A. 
If a Municipal Judge be absent, sick or disqualified from acting, the Mayor may request the Presiding Judge of the Circuit Court to designate a special Municipal Judge as provided in Subsection (B) of this Section or the Mayor may designate some competent, eligible person to act as Municipal Judge until such absence or disqualification shall cease; provided however, that should a vacancy occur in the office of an elected Municipal Judge more than six (6) months before a general municipal election, then a special election shall be held to fill such vacancy; and in case of vacancy in the office of an elected Municipal Judge within less than six (6) months of a general municipal election, the office may be filled by a competent, eligible person designated by the Mayor or as provided in Subsection (B) of this Section.
B. 
The Presiding Judge of the Circuit Court may appoint any other Municipal Judge within the Circuit to act as a special Municipal Judge for a Municipal Judge of the Circuit who is absent, sick or disqualified from acting. The Presiding Judge shall act only upon request of the Mayor for a special Municipal Judge.
C. 
The Board of Aldermen of the municipality shall provide by ordinance for the compensation of any person designated to act as Municipal Judge under the provisions of this Section. Such provisional Judge shall meet the same qualification for office as the duly appointed Municipal Judge and shall receive a sum as set by ordinance from time to time.

Section 130.050 Establishment of Traffic Violations Bureau. [1]

[CC 1988 §2-306; Ord. No. 886 §7, 12-18-1978]
A. 
The duly appointed Municipal Judge is hereby authorized and directed to establish a Traffic Violations Bureau to be operated under the direction of the Judge and the Clerks of the Municipal Court.
B. 
The duties of the Traffic Violations Bureau shall be as follows:
1. 
It shall accept designated fines, issue receipts and represent, in Court, such violators as are permitted and who desire to plead guilty, waive Court appearance and give power of attorney.
2. 
It shall keep an easily accessible record of all violations of which each person has been guilty during the preceding twelve (12) months, whether such guilt was established in Court or in the Traffic Violations Bureau.
3. 
The Bureau shall keep and submit summarized reports to the Municipal Judge, the Mayor and the Board of Aldermen of all fines and costs collected by the Traffic Violations Bureau.
4. 
It shall receive and issue receipts for cash bail from the persons who must or wish to be heard in court, enter the time of their appearance on the court docket, and notify the arresting Officer and witnesses, if any, to be present.
C. 
All fines and costs collected by the Clerks of the Municipal Court, whether from the operation of the Traffic Violations Bureau or from Court appearances, shall be evidenced by a duplicate receipt and the funds so collected together with the duplicate copy of the receipt shall be transmitted to the City Treasurer within twenty-four (24) hours of receipt.
[1]
Cross Reference — Administration and enforcement of traffic regulations, see chs. 305 and 370.

Section 130.060 Collection of Court Costs.

[CC 1988 §2-307; Ord. No. 877 §§1, 2, 7-31-1978; Ord. No. 1718 §1, 10-4-1993; Ord. No. 1807 §1, 4-3-1995; Ord. No. 1837 §1, 10-2-1995; Ord. No. 1852 §1, 12-4-1995; Ord. No. 1923 §§1 — 2, 12-16-1996; Ord. No. 2219 §1, 9-5-2001; Ord. No. 2227 §1, 10-1-2001; Ord. No. 2329 §1, 3-1-2004; Ord. No. 2737 §1, 9-8-2011]
A. 
The official of the Court shall assess Court costs of twelve dollars ($12.00).
B. 
A surcharge of up to two dollars ($2.00) may be assessed as court costs for a violation of City ordinances, provided that no such surcharge shall be collected when the proceeding or defendant has been dismissed by the Court or when costs are to be paid by the City.
C. 
In addition to the assessment of a surcharge as court costs, as set out in Subsection (B) above, an additional surcharge in the amount of one dollar ($1.00) shall be assessed as costs. Said surcharge shall be collected and sent to the Treasurer of the State of Missouri, to the credit of the Peace Officer Standards and Training Commission Fund.
D. 
Pursuant to Section 595.045, RSMo., five dollars ($5.00) may be assessed for the Crime Victims Compensation Fund.
E. 
In addition to the assessment of Court costs as provided in Subsections (A) and (B) hereof, costs in the amount of five dollars ($5.00) shall be assessed against any person who is convicted of or pleads guilty to a drug-related offense or an intoxication-related traffic offense. Such costs shall be collected by the Clerks of the Municipal Court and paid at least monthly to the Director of Revenue and placed to the credit of the Independent Living Center Fund created in Section 178.653, RSMo.
F. 
In addition to the assessment of Court costs as provided hereinabove, costs in the amount of five dollars ($5.00) shall be assessed against any person who is convicted for violation of any City ordinance as an operator of a motorcycle or motor-tricycle or against any person who, as a motor vehicle operator is found guilty of violating any City ordinance where the violation involves a motorcycle or motor-tricycle or where the operator causes an accident involving a motorcycle or a motor-tricycle. The Court costs provided for assessment hereunder shall be doubled if the operator at fault violated any ordinance relating to the consumption of alcohol. The Court costs provided hereunder shall be collected by the Clerks of the Municipal Court and paid into the State Treasury to the credit of the Motorcycle Safety Trust Fund.
G. 
In addition to all other Court costs set forth hereinabove, there shall be assessed the sum of two dollars ($2.00). The Municipal Court Judge may waive assessment of such cost in those cases where the defendant is found by the judge to be indigent and unable to pay the cost. Such cost shall be collected by a Clerk and transmitted at least monthly to the County Treasurer for deposit in a fund for the provision of operating expenses for shelters for battered persons.[1]
[1]
Editor’s Note: The woman’s shelter fee in this Subsection was amended from “$1.00” to “$2.00” at the direction of the City. Same was printed and published for the first time with the 4/2016 supplement.
H. 
Any person who is convicted of an intoxication-related offense, as defined by Section 577.023, RSMo., shall, in addition to any other judgment as may be rendered, have a judgment of twenty-five dollars ($25.00) entered against such person in favor of the Spinal Cord Injury Fund. The Clerks of the Municipal Court shall collect and disburse such amounts as provided in Sections 488.010 to 488.020, RSMo.
I. 
In addition to all other Court costs set forth in this Section, there shall be assessed as costs in each proceeding filed in the Municipal Court, including, without limitation, infractions and violations of City ordinances and violations of criminal or traffic laws of the State of Missouri, a surcharge of two dollars ($2.00). All such surcharge amounts collected by the Court Clerk shall be transmitted to the City Treasurer for deposit in the Inmate Security Fund which is hereby established as an account within the Law Enforcement Fund of the City of St. Ann.
J. 
A Judicial Education Fund and an Appointed Counsel Fund are both hereby established. A fee of one dollar ($1.00) pursuant to the provisions of Section 479.260, RSMo., shall be collected in all cases, except where the proceeding is dismissed by the Court or when the costs are to be paid by the City. All fees collected pursuant to this Subsection shall be transmitted monthly to the Treasurer of the City and shall be allocated between the Judicial Education Fund and the Appointed Counsel Fund in a manner determined by the Municipal Court.
1. 
All funds collected pursuant to this Subsection and retained in the Judicial Education Fund shall be used only to pay for:
a. 
The continuing education and certification required of the Municipal Judges by law or Supreme Court Rule; and
b. 
Judicial education and training for the Court Administrator and Clerks of the Municipal Court; and
The Municipal Court shall not retain more than one thousand five hundred dollars ($1,500.00) in the Judicial Education Fund for each Judge, Administrator or Clerk of the Municipal Court. Any excess funds shall be transmitted quarterly to the General Revenue Fund of the City's Treasury.
2. 
All funds collected pursuant to this Subsection and retained in 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.
The Municipal Court shall not retain more than five thousand dollars ($5,000.00) in the Appointed Counsel Fund. Any excess funds shall be transmitted quarterly to the General Revenue Fund of the City's Treasury.
K. 
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. Said surcharge shall be collected by the Municipal Court and transmitted monthly to the Missouri Director of Revenue to the credit of the Missouri Statewide Automation Fund, as provided in Section 488.012.3(5), RSMo. and Section 488.027.2, RSMo.
[Ord. No. 2849 §1, 7-1-2013]

Section 130.070 Failure to Appear.

[CC 1988 §2-308; Ord. No. 973 §§1 — 3, 7-6-1981]
A. 
Any person charged with a bailable offense before the Judge of the Municipal Court may be ordered released pending trial, appeal or other stage of the proceedings against him/her on his/her personal recognizance, unless the Judge determines, in the exercise of his/her discretion, that such release will not reasonably assure the appearance of the person as required. When such a determination is made, the Judge may either in lieu of or in addition to the above methods of release, impose any conditions of release which will reasonably assure the appearance of the person for trial, one (1) of which conditions must be that the person charged must appear at all Court proceedings as required by the Court.
B. 
In addition to the forfeiture of any security which was given or pledged for his/her release, any person who, having been released pursuant to this Section or pursuant to Rule 37 of the Rules of Procedure or upon a recognizance or bond pursuant to any other provisions of law, willfully fails to appear before any Court or Judicial Officer as required, shall be guilty of an offense and punished as follows: if arrested for the violation of a municipal ordinance, as provided in Section 100.090 of this Code; provided that the sentence imposed shall not exceed the maximum fine which could be imposed for the offense for which the accused was arrested.
C. 
Nothing in this Section shall prevent the exercise by any Court of its power to punish for contempt.

Section 130.080 Reimbursement of Costs of Arrest for Violation.

[CC 1988 §15-361; Ord. No. 1652 §1, 11-2-1992; Ord. No. 2378 §1, 6-8-2005]
For violation of any City ordinance to which a person pleads guilty or is found guilty including, without limitation, a violation 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 St. Ann Police Department or other law enforcement agency which made the arrest 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 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 St. Ann Police Department may establish a schedule of such costs, provided that the court may order the costs reduced if it determines that same are excessive.

Section 130.090 Assessment of Special Deterrent Payment as Condition for Placement of Defendant on Probation.

[Ord. No. 2105 §1, 11-1-1999]
The Judge of the Municipal Court shall, as a condition of probation to any defendant, assess a special deterrent payment to be made to the City in such amount as the Municipal Judge in its discretion deems reasonably necessary to ensure that defendant will not again violate the law, provided that such amount shall not exceed the maximum fine which could be levied for conviction of the offense with which the defendant has been charged. In assessing any such special deterrent sum, the Municipal Judge shall fix a schedule for payment thereof.

Section 130.100 Authorization for Administrative Search Warrants.

[Ord. No. 2191 §1, 4-3-2001; Ord. No. 2521 §1, 1-10-2008]
A. 
A Judge of the Municipal Court of the City of St. Ann, including a Provisional Judge, shall have the authority to issue an administrative search warrant when the owner or occupant of any property or place within the City has refused to allow such property or place to be entered upon, inspected or searched or an item of personal property to be seized or a public nuisance abated, after request as hereinafter provided. Such warrant may authorize:
1. 
Entry onto private property to inspect or search to determine the existence of a violation of any City ordinance;
2. 
The seizure of any item of personal property, materials or substances that constitute evidence of violation of any City of St. Ann ordinance; and
3. 
Entry onto private property within the City for the purpose of abating a public nuisance or other condition relating to property within the City.

Section 130.105 Who May Apply for Warrant — Contents of Application.

[Ord. No. 2191 §1, 4-3-2001]
A. 
Any building department employee, in conjunction with a prosecuting attorney for the City, may make application to the Municipal Judge for the issuance of an administrative search warrant.
B. 
The application shall:
1. 
Be in writing;
2. 
State the time and date of the making of the application;
3. 
Identify the property or place to be entered, inspected, searched or to be seized or nuisance to be abated in sufficient detail and particularity that the person executing the warrant can readily ascertain it;
4. 
State that the owner or occupant of the property or place to be entered, inspected, searched, seized or nuisance abated has been requested by City building department personnel to allow such action and has refused to allow same;
5. 
State facts sufficient to show probable cause for the issuance of a search warrant, to enter, inspect or search for violations of a City ordinance specified in the application or show that entry or seizure or abatement of a nuisance is necessary to enforce an ordinance specified in the application;
6. 
Be verified by the oath or affirmation of the applicant; and
7. 
Be signed by the applicant and filed in the St. Ann Municipal Court.
C. 
The application may be supplemented by a written affidavit verified by oath or affirmation. Such affidavit shall be considered by the Municipal Judge in determining whether there is probable cause for the issuance of a search warrant and in supplying any deficiency in the description of the property or place to be searched or seized or on which the nuisance is to be abated. Oral testimony shall not be considered.

Section 130.110 Hearing Procedure — Contents of Warrant-Execution and Return.

[Ord. No. 2191 §1, 4-3-2001]
A. 
Hearing and Procedure.
1. 
The Judge shall hold a non-adversary hearing to determine whether probable cause exists to enter, inspect or search for violations of any City ordinance, to enforce any City ordinance, to seize items or personal property or to abate a public nuisance.
2. 
The Municipal Judge shall determine whether the application is reasonable in light of the facts stated in the application or affidavits, if any, the purpose of any relevant ordinance and shall consider such other factors as may be appropriate, including but not limited to the physical condition or nature of the specified property or place, the condition of the area in which the property or place is located, the known violation of any City ordinance and the passage of time since the property has been inspected. In considering whether the warrant shall issue, factual knowledge of an existing violation of a City ordinance is not required.
3. 
If it appears from the application and any supporting affidavit that there is probable cause to enter, inspect or search, to seize items or to abate a public nuisance, a warrant shall immediately be issued.
4. 
The warrant shall issue in the form of an original and two (2) copies. The application, any supporting affidavit and one (1) copy of the warrant as issued shall be retained in the records of the Municipal Court.
B. 
Contents Of Search Warrant. The search warrant shall:
1. 
Be in writing and be in the name of the City;
2. 
Be directed to any St. Ann Police Officer, employee of the building department, or, in the case of a warrant to abate a public nuisance, to an authorized City employee;
3. 
State the time and date the warrant is issued;
4. 
Identify the property or places to be entered upon, inspected, searched or seized or public nuisance abated in sufficient detail and particularity that the party executing the warrant can readily ascertain it;
5. 
Command that the described property or place be entered upon, inspected or searched, or seized, photographed or copied, or that the public nuisance be abated and that any such property, photograph or copy be returned, within ten (10) days after filing of the application, to the Municipal Judge who issued the warrant, to be dealt with according to law;
6. 
Be signed by the Judge, with his title indicated.
C. 
Execution And Return.
1. 
A search warrant issued under this Article shall be executed by a St. Ann Police Officer or by a St. Ann building official or building department employee. One (1) or more City personnel may accompany the Officer and the warrant shall be executed in the following manner:
a. 
Such entry, inspection, search or seizure or abatement of nuisance shall be made as commanded and shall be executed as soon as practicable and in a reasonable manner.
b. 
The Officer shall give the owner or occupant of the property entered upon, inspected, searched or seized or on which the abatement is made a copy of the warrant.
c. 
If any property is seized incident to the search, the Officer shall give the person from whose possession it was taken, if such 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 in a conspicuous place. A copy of the receipt of any property seized shall be delivered to a Prosecuting Attorney for the City promptly following the search.
d. 
The disposition of property seized pursuant to a search warrant under the provisions of this Article shall be in accordance with an applicable City ordinance, or, in the absence of same, in accordance with Section 542.301, RSMo.
e. 
The Officer or building department official or building department employee may summon as many persons as is deemed necessary to assist in executing the warrant and any such person shall not be deemed liable as a result of any illegality of the search and seizure.
f. 
A search warrant shall expire if it is not executed and the required return made within ten (10) days after the date of the application.
2. 
After execution of the search warrant, the warrant, with a return thereon signed by the Officer or person making the search or seizure or performing the abatement shall be delivered to the Municipal Court. The return shall show the date and manner of execution and the name of the owner or party in possession, when not the same person, if known, of the property or place searched or seized or on which the abatement is made. The return shall be accompanied by any photographs, copies or recordings made, and by any property seized, together with a copy of the itemized receipt as required under the provisions hereof.
3. 
Upon request, the Court Clerk shall deliver a copy of the return to the owner and person in possession, when not the same person, of the property searched or seized.

Section 130.115 Warrant Invalid — When.

[Ord. No. 2191 §1, 4-3-2001]
A. 
A search warrant shall be deemed invalid:
1. 
If it was not issued by a Judge of the Municipal Court of St. Ann;
2. 
If it was issued without a written application having been filed and verified;
3. 
If it was issued without probable cause;
4. 
If it was not issued with respect to property or a place within the City;
5. 
If it does not describe the property or place to be entered upon, inspected, searched or seized with sufficient certainty;
6. 
If it is not signed by the Judge who issued it; or
7. 
If it was not executed and the required return made within ten (10) days after the date of the making of the application.