[R.O. 2011 § 135.200; R.O. 2009
§ 37.50; CC 1981 § 19-25; Ord.
No. 78-97, 12-20-1978; Ord. No. 79-50, 5-30-1979]
A.
The Municipal Court Clerk is designated
as the Clerk of the Municipal Court. The duties of the Clerk shall
be as follows:
1.
To collect such fines for violations
of such offenses as may be described and the Court costs thereof and
to pay over all fines and costs into the City Treasury.
2.
To take oaths and affirmations.
3.
To accept signed complaints and allow
the same to be signed and sworn to or affirmed before him/her.
4.
Sign and issue subpoenas requiring
the attendance of witnesses and sign and issue subpoenas duces tecum.
5.
Accept the appearance, waiver of
trial and plea of guilty and payment of fine and costs in Violation
Bureau cases or as directed by the Municipal Judge; generally act
as Violations Clerk of the Violations Bureau.
6.
Perform all other duties as provided
for by ordinance, by rules of practice and procedure adopted by the
Municipal Judge and by the Missouri Rules of Practice and Procedure
in Municipal and Traffic Courts and by Statute.
7.
Maintain, properly certified by the
City Clerk, a complete copy of this Code and any other ordinance of
the City which shall constitute prima facie evidence of such Code
or ordinance before the Court. Further, to maintain a similar certified
copy on file with the Clerk serving the Circuit Court of the County.
8.
The Clerk of the Municipal Court
of the City is authorized to issue warrants and summons as the result
of complaints or information filed by the City Attorney; provided,
that no such summons or warrants shall be issued without the authority
of the Municipal Judge.
[R.O. 2011 § 135.210; R.O. 2009
§ 37.51; CC 1981 § 19-26; Ord.
No. 78-97, 12-20-1978; Ord. No. 79-50, 5-30-1979; Ord. No. 79-102, 12-12-1979; Ord. No. 96-367, 12-31-1996; Ord. No. 01-192, 8-27-2001; Ord. No. 01-223, 9-21-2001; Ord. No. 02-264, 11-8-2002; Ord. No. 04-242, 10-6-2004; Ord. No. 19-162, 8-20-2019; Ord. No. 21-004, 1-5-2021; Ord. No. 21-100, 7-6-2021; Ord.
No. 22-161, 12-6-2022]
A.
In addition to any fine that may be imposed
by the Municipal Judge, there shall be assessed as costs in all cases
the following:
1.
Costs of court and the amounts required by the Missouri Revised Statutes as set forth in Section 150.030.
2.
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.
3.
Actual costs assessed against or
incurred by the City by or from any County Sheriff for transportation
to and from, apprehension or confinement in any County Jail and service
costs, witness fees and jail costs.
4.
Mileage, in the same amount as provided
to the Sheriff in criminal violations, for each mile and fraction
thereof the officer must travel in order to serve any warrant or commitment
or order of this Court.
[R.O. 2011 § 135.220; R.O. 2009
§ 37.52; CC 1981 § 19-27; Ord.
No. 78-97, 12-20-1978; Ord. No. 79-50, 5-30-1979]
The costs of any action may be assessed
against the prosecuting witness and judgment be rendered against him/her
that he/she pay the same and stand committed until paid in any case
where it appears to the satisfaction of the Municipal Judge that the
prosecution was commenced without probable cause and from malicious
motives.
[R.O. 2011 § 135.230; R.O. 2009
§ 37.53; CC 1981 § 19-28; Ord.
No. 78-97, 12-20-1978; Ord. No. 79-50, 5-30-1979]
When a fine is assessed for violating
a provision of this Code or any other ordinance of the City, it shall
be within the discretion of the Judge assessing the fine to provide
for the payment of a fine on an installment basis under such terms
and conditions as he/she may deem appropriate.
[R.O. 2011 § 135.240; R.O. 2009
§ 37.54; CC 1981 §§ 18-68 — 18-71,
19-11; Ord. No. 75-35, 8-6-1975; Ord. No. 78-97, 12-20-1978; Ord. No. 79-50, 5-30-1979]
A.
Bureau Authorized. Should the Municipal
Judge determine that there shall be a Violations Bureau, the City
shall provide all expenses incident to the operating of the same.
A Municipal Court Clerk is established or designated as the Violations
Clerk for such Bureau, if established.
B.
When Person Charged May Elect To Appear
At Bureau Or Before Magistrate.
1.
Any person charged with an offense
for which payment of a fine may be made to the Violations Bureau shall
have the option of paying such fine within the time specified in the
notice of arrest at the Violations Bureau upon entering a plea of
guilty and upon waiving appearance in Court; or may have the option
of depositing required lawful bail and upon a plea of not guilty shall
be entitled to a trial as authorized by law.
2.
The payment of a fine to the Bureau
shall be deemed an acknowledgment of conviction of the alleged offense
and the Bureau, upon accepting the prescribed fine, shall issue a
receipt to the violator acknowledging payment thereof.
C.
Duties. The following duties are imposed
upon the Violations Bureau in reference to traffic offenses:
1.
It shall accept designated fines,
issue receipts and represent in Court such violators as are permitted
and desire to plead guilty, waive court appearance and give power
of attorney;
2.
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.
D.
Bureau To Keep Records. The Violations
Bureau shall keep records and submit summarized monthly reports to
the Municipal Court of all notices issued and arrests made for violations
of the traffic laws and ordinances in the City and of all the fines
collected by the Violations Bureau or the Court and of the final disposition
or present status of every case of violation of the provisions of
such laws and ordinances. Such records shall be so maintained as to
show all types of violations and the totals of each such records shall
be public records.
E.
Additional Duties. The Violations Bureau
shall follow such procedure as may be prescribed by this Traffic Code
and any other traffic ordinance of the City or as may be required
by any laws of this State.
[1]
State Law Reference: Similar provisions, §§ 300.555,
300.560, 300.565 and 300.570, RSMo.
[R.O. 2011 § 135.250; R.O. 2009
§ 37.55; CC 1981 § 19-29 (part); Ord. No. 84-61, 6-13-1984]
A.
In addition to the forfeiture of any security which was given or pledged for his/her release, any person who, having been released upon a recognizance or bond pursuant to any other provisions of law, willfully fails to appear before the Judge of the Municipal Court as required shall be guilty of an offense and punished by penalty provisions set forth in Section 100.150 of this Code.
B.
Nothing in this Section shall prevent the
exercise of the Municipal Court of its power to punish for contempt.
[R.O. 2011 § 135.260; R.O. 2009
§ 37.56; CC 1981 § 19-30; Ord.
No. 92-285, 11-18-1992]
A.
Upon a plea of guilty, finding of guilt or conviction for violation of the provisions of Section 320.060 (Driving While Intoxicated) or Section 320.070 (Driving With Certain Blood Alcohol Content), the Court may, in addition to imposition of any penalties provided by law, order the person to reimburse law enforcement authorities for the costs associated with such arrest.
B.
Such costs shall include the reasonable
cost of making the arrest, including the cost of any chemical tests
to determine the alcohol or drug content of the person's blood, and
the cost of processing, charging, booking and holding such person
in custody.
C.
Law enforcement authorities may establish
a schedule of such costs for submission to the Court; however, the
Court may order the costs reduced if it determines that the schedule
of costs is excessive given the circumstances of the case or for good
cause shown.
D.
These fees shall be calculated as additional
costs by the Municipal Court and shall be collected by the Court in
the same manner as other costs and fees are collected and remitted.
E.
The Finance Director shall retain these
fees in a separate fund known as the DWI-Drug Enforcement Fund. Monies
within the DWI-Drug Enforcement Fund shall be appropriated by the
City Council to law enforcement authorities from such fund in amounts
equal to those costs so incurred and shall be specifically used to
enhance and support the enforcement and prosecution of alcohol- and
drug-related traffic laws within the City.
