[R.O. 2009 § 135.010; R.O. 2006
§ 160.010; Ord. No. 503 § 2, 8-20-1979]
There is hereby established in this
City a Municipal Court to be known as the "Fenton Municipal Court,
a Division of the 21st Judicial Circuit Court of the State of Missouri."
[R.O. 2009 § 135.020; R.O. 2006
§ 160.020; Ord. No. 503 § 3, 8-20-1979]
The Municipal Court shall have jurisdiction
to hear and determine all cases involving alleged violations of the
ordinances of the City. The term "heard and determined," for purposes
of this Chapter, shall mean any process under which the Court in question
retains the final authority to make factual determinations pertaining
to allegations of a municipal ordinance violation.
[R.O. 2009 § 135.030; R.O. 2006
§ 160.030; Ord. No. 503 § 4, 8-20-1979]
The Judge of the City's Municipal
Court shall be known as a Municipal Judge for the 21st Judicial Circuit
Court and shall be appointed by the Mayor with the consent of the
majority of the Board of Aldermen. When necessary, a Provisional Judge
may be appointed in the same manner as the Municipal Judge.
[R.O. 2009 § 135.040; R.O. 2006
§ 160.040; Ord. No. 1487 § 1, 4-15-1991; Ord. No. 3031 § 4, 5-28-2009; Ord. No. 4216, 4-28-2022]
The Municipal Judge shall be appointed
by the Mayor with the consent and approval of the majority of the
members of the Board of Aldermen for a term of not less than two (2)
years. The term of the Municipal Judge so appointed and approved shall
commence on the effective date of such appointment and approval and
shall expire on the later of the fourth Thursday of May of the year
of the general election for Mayor of the City of Fenton or at such
time as his/her successor shall be duly appointed and qualified. The
Provisional Judge shall hold his/her office for whatever term is designated
by the Board of Aldermen. The Municipal Judge and Provisional Judge
shall be compensated at such a rate as may be designated by the Board
from time to time by ordinance.
A.
The Municipal Judge shall vacate his/her
office under the following conditions:
[R.O. 2009 § 135.060; R.O. 2006
§ 160.060; Ord. No. 503 § 7, 8-20-1979]
A.
The Municipal Judge or Provisional Judge
shall possess the following qualifications before he/she shall take
office:
1.
He/she must be a licensed attorney,
qualified to practice law within the State of Missouri.
2.
He/she must be a resident of the
State of Missouri.
3.
He/she may not hold any other elected
or appointed office within the City Government.
4.
He/she must be between the ages of
twenty-one (21) and seventy-five (75) years.
5.
He/she may serve as Municipal Judge
for any other municipality.
6.
No municipal judge shall serve as a municipal judge in more than
five municipalities at one time. A court that serves more than one
municipality shall be treated as a single municipality for the purposes
of this Subsection.
[R.O. 2009 § 135.070; R.O. 2006
§ 160.070; Ord. No. 503 § 8, 8-20-1979]
The Municipal Court of the City shall
be subject to the rules of the Circuit Court of which it is a part,
and to the rules of the Missouri State Supreme Court. The Municipal
Court shall be subject to the general administrative authority of
the Presiding Judge of the Circuit Court, and the Judge and Court
Personnel of the Municipal Court shall obey the directives of the
Presiding Judge.
[Ord. No. 4217, 4-28-2022]
The duties of a Public Defender shall be to serve as counsel
when appointed by the Municipal Judge or the Board to represent persons
appearing before the Municipal Court and accused of a violation of
the ordinances of the City for which the prosecutor intends to seek
a sentence of confinement who demonstrate to the satisfaction of the
Municipal Judge that they are unable to employ counsel on their own
behalf and should have counsel appointed to represent them. No such
person shall be sentenced to any period of confinement unless he/she
is represented by counsel. The Public Defender shall be compensated
at such a rate as may be designated by the Board from time to time
by ordinance.
See Rules 37.47, 37.50.
[R.O. 2009 § 135.080; R.O. 2006
§ 160.080; Ord. No. 503 § 9, 8-20-1979]
The Municipal Judge shall cause to
be prepared within the first ten (10) days of every month a report
indicating the following:
A list of all cases heard and tried
before the Court during the preceding month, giving in each case the
name of the defendant, the fine imposed, if any, the amount of costs,
the names of the defendants committed and in the cases where there
was an application for a trial de novo, respectively. The same shall
be prepared by the Municipal Court Clerk of the Municipal Judge. This
report will be filed with the City Clerk, who shall thereafter forward
the same to the Board of Aldermen for examination.
[R.O. 2009 § 135.090; R.O. 2006
§ 160.090; Ord. No. 503 § 10, 8-20-1979]
The Municipal Judge shall be a conservator
of the peace. He/she shall keep a docket in which he/she shall enter
every case commenced before him/her and the proceeding therein and
he/she shall keep such records of the Circuit Court of St. Louis County,
maintained by the City of Fenton. The Municipal Judge shall deliver
the docket and records of the Municipal Court, and all books and papers
pertaining to his/her office, to his/her successor in office or to
the Presiding Judge of the Circuit.
[R.O. 2009 § 135.100; R.O. 2006
§ 160.100; Ord. No. 503 § 11, 8-20-1979; Ord. No. 2418 § 2, 9-17-2001]
A.
The Municipal Judge shall be and is hereby
authorized to:
1.
Establish an Ordinance Violations
Bureau as provided for in the Missouri Rules of Practice and Procedure
in Municipal and Traffic Courts and Section 479.050, RSMo. He/she
shall establish such a bureau when a request therefor is made by the
Board of Aldermen.
2.
Administer oaths and enforce due
obedience to all orders, rules, and judgments made by him/her, and
may fine and imprison for contempt committed before him/her while
holding Court, in the same manner as a Circuit Judge.
3.
Commute the term of any sentence,
suspend imposition of any sentence, stay execution of any fine or
sentence, suspend any fine or sentence, and make such other orders
as the Municipal Judge deems necessary relative to any matter that
may be pending in the Municipal Court.
4.
Make and adopt such rules of practice
and procedure as are necessary to implement and carry out the provisions
of this Chapter, and to make and adopt such rules of practice and
procedure as are necessary to hear and decide matters pending before
the Municipal Court and to implement and carry out the provisions
of the Missouri Rules of Practice and Procedure in Municipal and Traffic
Courts. Any and all rules made or adopted hereunder may be annulled
or amended by an ordinance limited to such purpose; provided that
such ordinance does not violate or conflict with the provisions of
the Missouri Rules of Practice and Procedure in Municipal and Traffic
Courts or State Statutes.
5.
The Municipal Judge shall have such
other powers, duties, and privileges as are or may be prescribed by
the laws of this State, this Chapter, or other ordinances of the City.
[R.O. 2009 § 135.110]
A.
Warrant Defined — Who May Issue,
Execute.
1.
An "administrative warrant" is a
written order of the Municipal Judge permitting the entry of City
officials on or into private property to enforce the City's housing,
zoning, health, and safety regulations when government entry on or
into such private property is otherwise authorized by Missouri law.
A warrant may issue only in conformance with this Section and only
for the enforcement of the City's housing, zoning, health, and safety
regulations, specifically:
a.
To abate such physical conditions
on private property constituting a public nuisance or otherwise in
violation of a specified regulation as provided herein;
b.
To inspect private property to determine
or prove the existence of physical conditions in violation of such
a specified regulation; and
c.
To seize, photograph, copy, or record
evidence of the violation of such a specified regulation.
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A warrant may issue only as a last
resort, when all other reasonable avenues to gain access to the property
have been exhausted.
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2.
The Municipal Judge, having original
and exclusive jurisdiction to determine violations against the ordinances
of the municipality, may issue an administrative warrant when:
a.
The property to be entered is located
within the City;
c.
The City establishes probable cause
to determine that a public nuisance or other violation of a specified
regulation as provided herein may exist; and
d.
The City demonstrates that all other
reasonable avenues to gain access to the property have been exhausted.
3.
Any such warrant shall be directed
to the Chief of Police or any other Police Officer of the City and
shall be executed by the Chief of Police or said Police Officer, in
conjunction with the appropriate Code Enforcement Officer or other
appropriate official, within the City limits and not elsewhere.
B.
Who May Apply For Warrant — Contents
Of Application.
1.
Any Code Enforcement Officer, Police
Officer, or attorney of the City may make application to the Municipal
Judge for the issuance of an administrative warrant.
2.
The application shall:
a.
Be in writing;
b.
State the time and date of the making
of the application;
c.
Identify the property to be entered,
inspected, or seized in sufficient detail and particularity that the
officer executing the warrant can readily ascertain it;
d.
State that the owner or occupant
of the property:
(1)
Has been requested by
the City to allow such action and has refused to allow such action;
or
(2)
Is not available, after
reasonable investigation and effort, to consent to such entry or inspection;
and
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in such case the application shall
include details of the City's investigation and effort to request
such consent;
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e.
State facts sufficient to show probable
cause for the issuance of a warrant to enter the private property,
including the specification of the housing, zoning, health, or safety
regulation sought to be enforced;
f.
State facts sufficient to demonstrate
that the City has exhausted all other reasonable avenues to gain access
to the property;
g.
Be verified by the oath or affirmation
of the applicant; and
h.
Be signed by the applicant and filed
in the Municipal Court.
3.
The application may be supplemented
by a written affidavit verified by oath or affirmation. Such affidavit
shall be considered in determining whether there is probable cause
for the issuance of a warrant and in filling out any deficiencies
in the description of the property or place to be entered. Oral testimony
shall not be considered. The application may be submitted by facsimile
or other electronic means.
C.
Hearing And Procedure — Contents
Of Warrant — Execution And Return.
1.
Hearing And Procedure.
a.
The Municipal Judge shall determine
whether probable cause exists to enter the private property for the
purposes noted herein and whether all other requirements of this Section
have been met.
b.
In determining probable cause, the
Municipal Judge shall determine whether the action to be taken by
the City is reasonable in light of the facts stated. The Municipal
Judge shall consider the goals of the ordinance or Code Section sought
to be enforced and such other factors as may be appropriate, including,
but not limited to, the physical condition of the specified property,
the age and nature of the property, the condition of the area in which
the property is located, the known or suspected violation of any relevant
City ordinance or Code Section, the passage of time since the property's
last inspection, and the law, Statute, or ordinance authorizing government
entry onto private property. The standard for issuing a warrant need
not be limited to actual knowledge of an existing violation of a City
ordinance or Code Section.
c.
If it appears from the application
and any supporting affidavit that there is probable cause to enter
the private property for the enforcement of the City's housing, zoning,
health, and safety regulations, and that all other requirements of
this Section have been met, a warrant shall immediately be issued.
d.
The warrant shall issue in the form
of an original and two (2) copies, and the application, any supporting
affidavit, and one (1) copy of the warrant as issued shall be retained
in the records of the Municipal Court.
2.
Contents Of Warrant. The warrant
shall:
a.
Be in writing and in the name of
the City;
b.
Be directed to any Police Officer
in the City;
c.
State the time and date the warrant
was issued;
d.
Identify the property to be entered
in sufficient detail and particularity that the officer executing
the warrant can readily ascertain it;
e.
Command that the described property
be entered for one (1) or more specified enforcement purposes as provided
herein, identify the regulation sought to be enforced, and direct
that any evidence of any suspected property violations be seized,
recorded, or photographed, and a description of such property be returned,
within ten (10) days after filing of the application, to the Clerk
of the Municipal Court, to be dealt with according to law; and
f.
Be signed by the Judge, with his/her
title of office indicated.
3.
Execution And Return.
a.
A warrant issued under this Section
shall be executed only by a City Police Officer; provided, however,
that one (1) or more designated City Officials may accompany the officer,
and the warrant shall be executed in the following manner:
(1)
The warrant may be issued
by facsimile or other electronic means.
(2)
The warrant shall be
executed by conducting the private property entry as commanded and
shall be executed as soon as practicable and in a reasonable manner.
(3)
The officer shall give
the owner or occupant of the property entered a copy of the warrant.
(4)
Receipt Of Property
Taken.
(a)
If any property is seized
incident to the search, the officer shall give the person from whose
possession it was taken, if the 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.
(b)
A copy of the itemized
receipt of any property taken shall be delivered to an attorney for
the City within two (2) business days of the execution of the warrant.
(c)
The disposition of property
seized pursuant to a warrant under this Section shall be in accordance
with an applicable City ordinance or Code Section, but in the absence
of same, then with Section 542.301, RSMo.
(5)
The officer may summon
as many persons as he/she deems necessary to assist him/her in executing
the warrant.
(6)
An officer executing
an invalid warrant, the invalidity of which is not apparent on its
face, may use such force as he/she would be justified in using if
the warrant were valid.
(7)
A warrant shall expire
if it is not executed and the required return made within ten (10)
days after the date of the making of the application.
4.
Return Requirements.
a.
After execution of the warrant, the
warrant, with a return thereon signed by the officer executing the
warrant, shall be delivered to the Municipal Court.
b.
The return shall show the date and
manner of execution and the name of the possessor and of the owner,
when not the same person, if known, of the property entered.
c.
The return shall be accompanied by
any photographs, copies, or recordings made and by any property seized,
along with a copy of the itemized receipt of such property required
by this Section; provided, however, that seized property may be disposed
of as provided herein, and in such a case, a description of the property
seized shall accompany the return.
d.
The Court Clerk, upon request, shall
deliver a copy of the return to the possessor and the owner, when
not the same person, of the property entered or seized.
D.
Warrant Invalid, When. A warrant shall
be deemed invalid:
1.
If it was not issued by the Municipal
Judge;
2.
If it was issued without a written
application having been filed and verified;
3.
If it was issued without sufficient probable cause in light of the goals of the ordinance to be enforced and such other factors as provided in Subsection (C)(1)(b) hereof;
4.
If it was not issued with respect
to property in the City;
5.
If it does not describe the property
or places to be entered, inspected, or seized with sufficient certainty;
6.
If it is not signed by the Judge
who issued it;
7.
If it was not executed and the required
return made within ten (10) days after the date of the making of the
application; or
8.
If it was not issued in compliance
with this Section.
[R.O. 2009 § 135.120; R.O. 2006
§ 160.120; Ord. No. 503 § 13, 8-20-1979; Ord. No. 1909 § 1, 11-20-1995]
All warrants issued by the Municipal
Judge shall be directed to the Police Department or the Sheriff of
the County. The warrant shall be executed by a Police Officer or Sheriff
in any place within the limits of the County and not elsewhere unless
the warrants are endorsed in the manner provided for warrants in criminal
cases.
[R.O. 2009 § 135.130; R.O. 2006
§ 160.110; Ord. No. 503 § 12, 8-20-1979; Ord. No. 2418 § 1, 9-17-2001]
An Ordinance Violations Bureau is
hereby established as provided for in Chapter 479, Section 479.050,
RSMo. The City shall provide all expenses incident to the operation
of same. The Court Clerk is hereby designated as the Ordinance Violations
Clerk for said Bureau.
[R.O. 2009 § 135.135; R.O. 2006
§ 160.135; Ord. No. 2098 § 1, 10-20-1997; Ord. No. 2463 § 3, 4-15-2002; Ord. No. 3558 § 3, 11-19-2015]
A.
A person commits the offense of failure to appear in Municipal Court if for any violation of any ordinance of the City that is not a minor traffic violation as defined by Section 300.010 of this Code, he or she:
1.
Has been issued a summons for a violation
and fails to appear before the Judge of the Municipal Court at the
time and on the date on which he/she was summoned, or at the time
or on the date to which the case was continued;
2.
Has been released upon recognition
of bond and fails to appear before the Judge of the Municipal Court
at the time and on the date on which he/she was summoned, or at the
time or on the date to which the case was continued;
3.
Has been placed on Court supervised
probation and fails to appear before the Judge of the Municipal Court
at the time specified by said Judge as a condition of the probation.
B.
Nothing in this Section shall prevent the
exercise of the Municipal Court of its power to punish for contempt.
[R.O. 2009 § 135.140; R.O. 2006
§ 160.140]
Any person charged with a violation
of a Municipal ordinance of this City shall be entitled to a trial
by jury, as in prosecutions for misdemeanors before an Associate Circuit
Judge. Whenever a defendant, accused of a violation of a Municipal
ordinance, has a right to a trial by jury, and demands such trial
by jury, the Municipal Judge shall certify the case to the Presiding
Judge for assignment.
[R.O. 2009 § 135.150; R.O. 2006
§ 160.160; Ord. No. 503 § 17, 8-20-1979]
It shall be the duty of the Municipal
Judge to summon all persons when requested by any party, whose presence
may be deemed to be essential as witnesses at the trial, and to enforce
their attendance by attachment, if necessary. The fees of witnesses
shall be the same as those fixed for witnesses in trial before Associate
Circuit Judges and shall be taxed as other costs in the case. When
a trial shall be continued by a Municipal Judge, it shall not be necessary
to summon any witnesses who may be present at the continuance; but
the Municipal Judge shall orally notify such witnesses as either party
may require to attend before him/her on the day set for trial to testify
in the case, and enter the names of such witnesses on his/her docket,
which oral notice shall be valid as a summons.
[R.O. 2009 § 135.160; R.O. 2006
§ 160.170; Ord. No. 503 § 18, 8-20-1979]
A.
If,
in the progress of any trial before a Municipal Judge, it shall appear
to the Judge that the accused ought to be put on trial for an offense
against the criminal laws of the State and not cognizable before him/her
as Municipal Judge, he/she shall immediately stop all further proceedings
before him/her as Municipal Judge and cause the complaint to be made
before some Associate Circuit Judge within the County.
B.
For
purposes of this Section, any offense involving the operation of a
motor vehicle in an intoxicated condition as defined in Section 577.001,
RSMo., shall not be cognizable in municipal court, if the defendant
has been convicted, found guilty, or pled guilty to two or more previous
intoxication-related traffic offenses as defined in Section 577.001,
RSMo., or has had two or more previous alcohol-related enforcement
contacts as defined in Section 302.525, RSMo.
[R.O. 2009 § 135.170; R.O. 2006
§ 160.190]
A.
Any Judge hearing violations of the Municipal
ordinances may, when in his/her judgment it may seem advisable, grant
a parole or probation to any person who shall plead guilty or who
shall be convicted after a trial before said Judge. When a person
is placed on probation, he/she shall be given a certificate explicitly
stating the conditions on which he/she is being released.
B.
In addition to such other authority as
exists to order conditions of probation, the Court may order conditions
which the Court believes will serve to compensate the victim of the
crime, any dependent of the victim, or society in general. Such conditions
may include, but need not be limited to:
C.
A person may refuse probation conditioned
on the performance of free work. If he/she does so, the Court shall
decide the extent or duration of sentence or other disposition to
be imposed and render judgment accordingly. Any County, City, person,
organization, or agency, or employee of a County, City, organization,
or agency charged with the supervision of such free work or who benefits
from its performance shall be immune from any suit by the person placed
on parole or probation or any person deriving a cause of action from
him/her if such cause of action arises from such supervision of performance,
except for intentional torts or gross negligence. The services performed
by the probationer or parolee shall not be deemed employment within
the meaning of the provisions of Chapter 288, RSMo.
D.
The Court may modify or enlarge the conditions
of probation at any time prior to the expiration or termination of
the probation term.
[R.O. 2009 § 135.180; R.O. 2006
§ 160.200; Ord. No. 503 § 21, 8-20-1979]
In all cases tried before the Municipal
Court, except where there has been a plea of guilty or where the case
has been tried with a jury, the defendant shall have a right of trial
de novo before a Circuit Judge or on assignment before an Associate
Circuit Judge. An application for a trial de novo shall be filed within
ten (10) days after judgement and shall be filed in such form and
perfected in such manner as provided by Supreme Court Rules.
[R.O. 2009 § 135.190; R.O. 2006
§ 160.210; Ord. No. 503 § 22, 8-20-1979]
In all cases in which a jury trial
has been demanded, a record of the proceedings shall be made, and
appeals may be had upon that record to the appropriate Appellate Court.
The costs of this record of proceedings shall be taxed as costs in
the matter.
[R.O. 2009 § 135.200; R.O. 2006
§ 160.220; Ord. No. 503 § 23, 8-20-1979]
In the case of a breach of any recognizance
entered into before a Municipal Judge or an Associate Circuit Judge
hearing a Municipal ordinance violation case, 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 City
as plaintiff. Such action shall be prosecuted before a Circuit Judge
or Associate Circuit Judge, and in the event of cases caused to be
prosecuted by a Municipal Judge, such shall be on the transcript of
the proceedings before the Municipal Judge. All monies recovered in
such actions shall be paid over to the City Treasury to the General
Revenue Fund of the City.
[R.O. 2009 § 135.210]
A Municipal Judge shall be disqualified
to hear any case in which he/she is in any way interested or, if before
the trial is commenced, the defendant or the prosecutor files an affidavit
that the defendant or the municipality, as the case may be, cannot
have a fair and impartial trial by reason of the interest or prejudice
of the Judge. Neither the defendant nor the municipality shall be
entitled to file more than one (1) affidavit or disqualification in
the same case.
[R.O. 2009 § 135.220]
If a Municipal Judge be absent, sick,
or disqualified from acting pursuant to the general administrative
authority of the Presiding Judge of the Circuit Court over the Municipal
Divisions within the circuit contained in Section 478.240, RSMo.,
a special Municipal Judge may be designated in accordance with the
provisions of Section 479.230, RSMo., until such absence or disqualification
shall cease.
[R.O. 2006 § 160.250; Ord. No. 503 § R.O. 2009 § 135.220;
26, 8-20-1979; Ord. No.
2649 §§ 1 — 2, 4-27-2004]
A.
Duties Of Court Clerk. The duties of the
Court Clerk shall be as follows:
1.
To collect such fines for violations
of such offenses as may be described and the court costs thereof.
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.
To sign and issue subpoenas requiring
the attendance of witnesses and sign and issue subpoenas duces tecum.
5.
To accept the appearance, waiver
of trial and plea of guilty and payment of fine and costs in Traffic
Violation Bureau cases or as directed by the Municipal Judge.
6.
To perform all other duties as provided
for by ordinance, by Rules of Practice and Procedure adopted by the
Municipal Judge, by the Missouri Rules of Practice and Procedure in
Municipal and Traffic Courts and by State Statute.
7.
To maintain, properly certified by
the City Clerk, a copy of the ordinances of the City which shall constitute
prima facia evidence of such ordinance before the Court and further
maintain a similar certified copy on file with the Clerk serving the
Circuit Court of this County.
[R.O. 2009 § 135.240; R.O. 2006
§ 385.070; Ord. No. 497 § 165, 6-26-1979; Ord. No. 503 § 27, 8-20-1979; Ord. No. 1091 § 1, 5-16-1988; Ord. No. 1536 § 1, 11-18-1991; Ord. No. 1642 § 1, 12-21-1992; Ord. No. 1643 § 1, 12-21-1992; Ord. No. 1716 § 1, 10-19-1993; Ord. No. 1856 § 1, 5-16-1995; Ord. No. 1955 § 1, 4-15-1996; Ord. No. 2095 § 1, 9-15-1997; Ord. No. 2463 § 3, 4-15-2002; Ord. No 2919
§ 1, 9-17-2007; Ord. No. 2920 § 1, 9-17-2007; Ord. No. 3558 § 4, 11-19-2015]
A.
COURT COSTS
FEES
MISCELLANEOUS CHARGES
SURCHARGES
Definitions. As used in this Chapter, the
following words and phrases shall mean:
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 charges allowed by law which are allowed for specific
purposes designated by law.
B.
In addition to any fine that may be imposed
by the Municipal Judge, or where the accused has been found guilty,
but no fine assessed, there may be assessed as costs in all cases
the following:
1.
Costs. Costs of Court in the amount
of twelve dollars ($12.00) pursuant to Court Operating Rule (COR)
21.01(a)(5).
2.
Surcharges.
a.
Police Officer Training. Pursuant
to Section 488.5336, RSMo., a surcharge 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. The Court
shall distribute the surcharge as follows:
(1)
Two dollars ($2.00)
shall be transmitted monthly to the Treasurer of 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 Law Enforcement Officer or candidate for certification
employed by the City. Any excess funds shall be transmitted quarterly
to the City's General Fund.
(2)
One dollar ($1.00) 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.
b.
Crime Victims' Compensation Fund. Pursuant to Section 488.5339, RSMo., a surcharge of seven dollars fifty cents ($7.50) shall be assessed and added to the basic costs in Subsection (B)(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:
c.
Inmate Prisoner Detainee Security
Fund. Pursuant to Section 488.5026, RSMo., a two dollar ($2.00) surcharge
per case shall be assessed as costs in all cases, including an infraction
and violation of a municipal ordinance, to be deposited into the "Inmate
Prisoner Detainee Security Fund." Notwithstanding any other provision
of law, the moneys collected by the Municipal Court shall be payable
to the City and deposited into the "Inmate Prisoner Detainee Security
Fund." The Inmate Prisoner Detainee Security Fund shall be utilized
to acquire and develop biometric verification systems and information
sharing to ensure that inmates, prisoners or detainees in a holding
cell facility or other detention facility or area which hold persons
detained only for a shorter period of time after arrest or after being
formally charged can be properly identified upon booking and tracked
within the local law enforcement administration system, criminal justice
administration system or the local jail system. Upon the installation
of the information sharing or biometric verification system, funds
in the Inmate Prisoner Detainee Security Fund may also be used for
the maintenance, repair and replacement of the information sharing
or biometric verification system, and also to pay for any expenses
related to detention, custody, and housing and other expenses for
inmates, prisoners, and detainees. If the amount of such surcharge
is increased or decreased by an amendment to State law, the surcharge
authorized to be collected hereunder shall automatically increase
or decrease correspondingly.
3.
Judicial Education Fund And Appointed
Counsel Fund. Pursuant to Section 479.260, RSMo., the Municipal Court
may establish a Judicial Education Fund and an Appointed Counsel Fund,
each in separate accounts under the control of the Municipal Court
to retain one dollar ($1.00) of the fees collected on each case. The
fees collected shall be allocated between the two (2) funds as determined
by the Court. The Judicial Education Fund shall be used only to pay
for: (1) the continuing education and certification required of the
municipal judges by law or Supreme Court rule; and (2) judicial education
and training for the Court Administrator and clerks of the Municipal
Court. 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. Provided further, that 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 and no more than five thousand dollars
($5,000.00) in the Appointed Counsel Fund. Any funds in excess of
the prescribed fund limits shall be transmitted quarterly to the City's
General Revenue Fund.
4.
Statewide Court Automation Fund Pursuant
to Section 476.056, RSMo., a fee of seven dollars ($7.00) shall be
assessed, collected, and set aside for the Statewide Court Automation
Fund, with all such amounts collected transmitted monthly to the Missouri
Director of Revenue to the credit of the Missouri Statewide Court
Automation Fund.
[Ord. No.
3870, 10-25-2018[1]]
5.
Miscellaneous Charges.
a.
Mileage. To the extent authorized
by Section 488.435, RSMo., 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.
b.
Board Bill. To the extent authorized
by Section 221.070, RSMo., every person who shall be committed to
the common jail within any County in this State, by lawful authority,
for any offense or misdemeanor, upon a plea of guilty or a finding
of guilt for such offense, shall bear the expense of carrying him
or her to said jail, and also his or her support while in jail.
6.
Non-Negotiable Instrument Fee. A
fee of four dollars ($4.00) for accepting payments of Court costs
by means other than by cash or negotiable instrument should the Municipal
Court, by local Court rule, elect to accept payments of Court costs
by means other than by cash or negotiable instrument.
7.
Postage And Copies. Pursuant to Court
Operating Rule 21.01(22) and Section 610.026, RSMo., the Court may
charge reasonable fees for postage and per copied page as provided
by local Court rule or order.
8.
Bad Checks. A person passing a bad
check to the Court shall be prosecuted pursuant to Section 570.120,
RSMo., and shall pay, in addition to all other fines, Court costs
and fee, an administrative handling cost as set forth in Section 510.120.5,
RSMo., and a reasonable service charge, which along with the face
amount of the check, shall be turned over to the City as the person
to whom the bad check was issued (see Section 510.120.6, RSMo.).
9.
Reimbursement of costs of arrest
for alcohol and drug-related traffic offenses as authorized by Section
488.5334, RSMo.
a.
Upon a plea of guilty, finding of
guilt or conviction for violation of the provisions of this Code for
any alcohol or drug-related traffic offense, the Municipal Court may,
in addition to imposition of any penalties provided by law, order
the person to reimburse the City of Fenton for the costs associated
with that person's arrest for such violation.
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.
The City Police Department may establish
a schedule of such costs, however the Municipal 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.
10.
All Other Court Costs. All other
Court costs, fees, miscellaneous charges and surcharges authorized
or required by Statute.
C.
None of the Court costs authorized by Subsection (B) above shall be collected in any proceeding involving a violation of an ordinance when the proceeding or defendant has been dismissed by the Court or when costs are waived or are to be paid by the City.
D.
The Municipal Judge may decide not to assess
Court costs against a defendant in those cases where the defendant
is found by the Municipal Judge to be indigent and unable to pay the
Court costs.
E.
If the Statutory authority for any Court
cost, fee, miscellaneous charge and/or surcharge authorized by the
Board of Aldermen herein is repealed by the State legislature or is
now or in the future found by a Court of competent jurisdiction to
be an unauthorized Court cost, fee, miscellaneous charge or surcharge,
then the Board of Aldermen's grant of authority for such Court cost,
fee, miscellaneous charge or surcharge shall be automatically repealed.
[R.O. 2009 § 135.250; R.O. 2006
§ 160.270; Ord. No. 1331 § 1, 11-20-1989; Ord. No. 3414 § 1, 4-24-2014]
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 prosecution
was commenced with probable cause as determined by the Prosecuting
Attorney of the City, but later determined, through the fault of the
prosecuting witness, that no probable cause existed and that the complaint
was issued for malicious motives.
[R.O. 2009 § 135.260; R.O. 2006
§ 160.280; Ord. No. 605 § 29, 9-16-1982]
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.
[R.O. 2009 § 135.270]
A.
Any person arrested and charged with violating
a traffic law of this State or a traffic ordinance of the City may,
at the discretion of both the officer authorized by law or rule of
court to accept bail and the person arrested, deposit his/her license
to operate a motor vehicle with a member of the highway patrol or
with the officer demanding bail in lieu of any other security for
his/her appearance in court to answer any such charge, except when
the charge is for driving while intoxicated, driving while under the
influence of intoxicating liquor or drugs, leaving the scene of a
motor vehicle accident, driving when his/her license is suspended
or revoked, or for any charge made because of a motor vehicle accident
in which a death has occurred.
B.
Notwithstanding the fact that the officer
authorized by law or rule of court to accept bail authorizes the person
arrested to deposit his/her license to operate a motor vehicle as
his/her security for his/her appearance in court, in lieu of depositing
his/her license to operate a motor vehicle, the person arrested may
decline to deposit his/her license to operate a motor vehicle as security
and instead deposit a bond with the officer authorized by law or rule
of court to accept bail or other such officer demanding bail in the
amount of fifty dollars ($50.00) per traffic offense allegedly committed.
The officer shall issue a receipt for such a bond to the person and
deposit the bond with the judge, court clerk, or other officer requiring
security for a court appearance.
C.
The judge, court clerk or other officer
requiring security for an appearance shall accept the bond or deposit
of the license in lieu of bail and, if the license is accepted, shall
issue a receipt to the licensee for the license upon a form approved
by the Director of Revenue. The licensee may, until he/she has appeared
at the proper time and place as stated in the receipt to answer the
charge placed against him/her, operate motor vehicles while in possession
of the receipt, and the receipt shall be accepted in lieu of the license
as provided by Section 302.181, RSMo. If a continuance is requested
and granted, the licensee shall be given a new receipt for his/her
license.
D.
Whether or not a license to operate a motor
vehicle has been deposited in lieu of bail pursuant to this Section,
if the driver fails to appear at the proper time to answer the charge
placed against him/her, the clerk of the court, or the judge of the
court if there is no clerk, shall within ten (10) days notify the
Director of Revenue of the failure to appear, and the Director shall
thereafter withhold any renewal of the license or the issuance of
a duplicate license to the licensee until notified by the court that
the charge has been reduced to final judgment.
