Jefferson County, MO
 
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Table of Contents
Table of Contents
[Ord. No. 09-0191 §1, 3-19-2009]
There is hereby established a County Municipal Court pursuant to Section 67.320, RSMo. The rules and procedures for said County Municipal Court shall be created in compliance with the provisions of Sections 66.010 to 66.140, RSMo.
[Ord. No. 09-0191 §2, 3-19-2009]
A. 
Regular sessions of the County Municipal Court shall meet on such days as specified by the County Council. Sessions shall be held at a location provided by Jefferson County.
B. 
There shall be a Violations Bureau established pursuant to Missouri Supreme Court Rule 37.
C. 
The County Municipal Court shall promulgate general operating procedures and local rules of Court not inconsistent with Supreme Court Rule 37 or the Rules of Court for the 23rd Judicial Circuit.
[Ord. No. 09-0191 §3, 3-19-2009]
A. 
The County Executive may appoint, subject to confirmation by the County Council, one (1) or more Judges for the County Municipal Court.
B. 
Judges appointed to the County Municipal Court shall be licensed to practice law in the State of Missouri, at least twenty-one (21) years of age and shall serve at the pleasure of the County Executive. The County Executive, with the consent of the County Council, may appoint temporary or acting Judges in order to handle the work of the Court during the disability or absence of a County Municipal Judge subject to the provisions of Section 105.040. A temporary or acting Judge must meet the requirements of this paragraph.
C. 
A Judge appointed as a County Municipal Court Judge shall not accept or handle cases in his/her practice of law which are inconsistent with his/her duties as a County Municipal Court Judge. The County Municipal Court Judge shall not be a Judge or prosecutor in any other Court, pursuant to Section 66.010.5, RSMo. This paragraph shall not apply to temporary or acting Judges appointed to handle the work of the Court during the disability or absence of a County Municipal Judge.
D. 
A Judge appointed under this Section shall not receive any of the benefits of a Jefferson County employee. Compensation of a County Municipal Court Judge shall be determined by the County Executive, subject to approval by the County Council. Each County Municipal Court Judge shall devote such time as is necessary to discharge his/her duties.
[Order No. 03-10-2009A §§1 — 5, 3-10-2009; Resolution No. 09-0305 §1, 3-19-2009]
A. 
The Jefferson County, Missouri Council consents to the appointment of temporary or acting Judges of the Jefferson County Municipal Court during the disability or absence of the Jefferson County Municipal Court Judge in accordance with the terms of this Section:
1. 
The following individuals, in no particular order, who are currently licensed attorneys, residents of Jefferson County and currently serving as Judges in Municipal Courts in Jefferson County are hereby designated as qualified temporary or acting Judges of the Jefferson County Municipal Court: Edward Page; Colby Smith-Hynes; Scott Harness; Brian Hammond; and Steve Davis.
2. 
Any of the individuals named in Subsection (1) above is hereby authorized to conduct Court in the Jefferson County Municipal Court as acting or temporary Judge without further action on the part of the County Executive or County Council.
3. 
It shall be the duty and responsibility of the Jefferson County Municipal Court Judge to make arrangements with and notify one (1) or more of the individuals named in Subsection (1) above should an emergency arise that will lead to the absence of the Jefferson County Municipal Court Judge. In the event that an acting or temporary Judge is needed, it shall be left to the discretion of the Jefferson County Municipal Court Judge to select one (1) of the individuals designated in Subsection (1) above.
4. 
In the event that an acting or temporary Judge is needed to conduct court in the Jefferson County Municipal Court due to the absence of the Jefferson County Municipal Court Judge, the acting Judge shall be compensated at a rate of two hundred dollars ($200.00) per Court session conducted.
5. 
Any individual conducting Court as the acting or temporary Municipal Court Judge shall be referred to as such and shall in no way be considered the full-time or standing Jefferson County Municipal Court Judge.
[Ord. No. 11-0170 §1, 5-11-2011; Ord. No. 13-0298 §1, 6-25-2013]
A. 
There is hereby created within the Department of the County Counselor, the Division of the County Municipal Prosecutor (Municipal Division).
1. 
The Division of the County Municipal Prosecutor (Municipal Division) shall be a Division of the Department of the County Counselor ("County Counselor). The Division shall be headed by a County merit employee known officially as the "County Municipal Prosecutor" with a Merit System designation of "Municipal Court Prosecutor" who shall have the direct responsibility, management and supervision of the Municipal Division and any employees of whatever class and designation employed within that Division or assigned thereto. The County Municipal Prosecutor and all other employees, of whatever class and designation, of said Division, or assigned thereto, are to be overseen and directed by the duly appointed Jefferson County, Missouri, County Counselor.
2. 
The County Municipal Prosecutor is to be hired and appointed by the County Counselor. All prosecutions brought by the Municipal Division shall be prosecuted in the name of the Jefferson County, Missouri, County Counselor, by and through the Municipal Court Prosecutor or any assistants as may be employed or assigned thereto.
3. 
The County Municipal Prosecutor shall be the person currently serving as the County Municipal Prosecutor when this ordinance was adopted and shall remain in said position as an exempt merit employee of the County from adoption forward subject to all the rules and regulations of the Jefferson County Personnel Administration Program and that of the Merit System.
4. 
The County Municipal Prosecutor or any assistants assigned thereto are to prosecute all violations of the County Ordinances and Codes as directed and authorized by said County Ordinances and Codes which are now or shall be in effect and to perform such further and additional duties as directed by the County Counselor.
[Ord. No. 09-0191 §4, 3-19-2009]
A. 
There shall be one (1) Municipal Court Clerk and one (1) or more assistant Municipal Court Clerks. The Municipal Court Clerk shall:
1. 
Supervise all assistant Municipal Court Clerks;
2. 
Supervise all matters relating to the Municipal Court and the Violations Bureau;
3. 
Perform administrative functions incidental to the operations of the Court;
4. 
Assist the Court in the conduct of the business of the Court with respect to such other matters as the Judge and/or municipal prosecutor may request from time to time;
5. 
Make recommendations to the County Executive regarding the hiring and firing of assistant Municipal Court Clerks.
[Ord. No. 09-0191 §5, 3-19-2009]
A. 
A Judge of the County Municipal Court of Jefferson County or any Circuit or Associate Circuit Judge of the 23rd Judicial Circuit shall have the authority to issue warrants for:
1. 
Searches or inspections to determine the existence of violations of any ordinance whose violation is punishable by fine or jail, or both fine and jail;
2. 
Seizure of items of personal property, materials or substances that constitute evidence of a violation of any Jefferson County order; and
3. 
Entry onto private property in Jefferson County for the purpose of abating a public nuisance pursuant to any Jefferson County order.
B. 
Warrants, searches, inspections, entries and seizures made pursuant to this Section shall conform and be governed by the following provisions:
1. 
Any member of the Jefferson County Sheriff's Office, designee of the municipal prosecutor of Jefferson County, or other authorized County Official, may apply for the issuance of a 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, article, material, substance which is to be searched for and seized, or the public nuisance to be abated, in sufficient detail and particularity that the officer or other authorized County Official executing the warrant can readily ascertain it;
d. 
Identify the person, place, or thing which is to be searched, in sufficient detail and particularity that the officer, other authorized County Official or his/her designee executing the warrant can readily ascertain whom or what he/she is to search;
e. 
State facts sufficient to show probable cause for the issuance of a search warrant pursuant to Subsection (A) herein;
f. 
Be verified by the oath or affirmation of the applicant;
g. 
Be filed in the proper court; and
h. 
Be signed by the Municipal Prosecutor of Jefferson County or his/her designated assistant.
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 search warrant and in filling out any deficiencies in the description of the person, place, or thing to be searched or of the property, article, material, substance, or person to be seized. Oral testimony shall not be considered. The application may be submitted by facsimile or other electronic means.
4. 
The Judge shall determine whether sufficient facts have been stated to justify the issuance of a search warrant. If it appears from the application and any supporting affidavit that there is probable cause to believe that property, article, material, substance, or person subject to seizure is on the person or at the place or in the thing described, a search warrant shall immediately be issued. The warrant shall be issued in the form of an original and two (2) copies.
5. 
The application and any supporting affidavit and a copy of the warrant shall be retained in the records of the Court from which the warrant was issued.
6. 
The search warrant shall:
a. 
Be in writing and in the name of the County of Jefferson;
b. 
Be directed to any Jefferson County Deputy Sheriff or to other authorized County Official or his/her designee;
c. 
State the time and date the warrant is issued;
d. 
Identify the property, article, material, substance which is to be searched for and seized, or nuisance to be abated, in sufficient detail and particularity that the officer, other authorized County Official or his/her designee executing the warrant can readily ascertain it;
e. 
Identify the person, place, or thing which is to be searched, in sufficient detail and particularity that the officer, other authorized County Official or his/her designee executing the warrant can readily ascertain whom or what he/she is to search;
f. 
Command that the described person, place or thing be searched and that any of the described property, article, material, substance, or person found thereon or therein be seized or photographed or copied and within ten (10) days after filing of the application, any photographs or copies of the items may be filed with the issuing court; and
g. 
Be signed by the Judge, with his/her title of office indicated.
7. 
A search warrant issued under this Section may be executed by a Jefferson County Deputy Sheriff, an authorized County Official to whom the warrant is directed or his/her designee. The warrant shall be executed by conducting the search and seizure commanded. The search warrant issued under this Section may be issued by facsimile or other electronic means.
8. 
A search warrant shall be executed as soon as practicable and shall expire if it is not executed and the return made within ten (10) days after the date of the making of the application. A search and any subsequent searches of the contents of any property, article, material, or substance seized and removed from the location of the execution of any search warrant during its execution may be conducted at any time during or after the execution of the warrant, subject to the continued existence of probable cause to search the property, article, material, or substance seized and removed. A search and any subsequent searches of the property, article, material, or substance seized and removed may be conducted after the time for delivering the warrant, return, and receipt to the issuing judge has expired. A supplemental return and receipt shall be delivered to the issuing judge upon final completion of any search which concludes after the expiration of time for delivering the original return and receipt.
9. 
After execution of the search warrant, the warrant with a return thereon, signed by the officer, other authorized County Official, or his/her designee making the search or performing the abatement, shall be delivered to the Judge who issued the warrant. The return shall show the date and manner of execution, what was seized, and the name of the possessor and of the owner, when he/she is not the same person, if known. The return shall be accompanied by a copy of the itemized receipt required by Subsection (6) of Section 542.291, RSMo. The judge or clerk shall, upon request, deliver a copy of such receipt to the person from whose possession the property was taken and to the applicant for the warrant.
10. 
Searches, seizures and abatements shall be conducted in a reasonable manner. The person conducting same shall give to the owner or possessor of the property, if present, a copy of the warrant. If no owner or possessor is present, the person executing the warrant shall leave a copy of the warrant at the site of search, seizure or abatement.
C. 
A search warrant shall be deemed invalid:
1. 
If it was not issued by a Judge of the County Municipal Court of Jefferson County or a Circuit or Associate Circuit Judge of the 23rd Judicial Circuit;
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 places within the jurisdiction of the order on which the ordinance violation or nuisance abatement was based;
5. 
If it does not describe the person, place, or thing to be searched or the property, article, material, substance, or person to be seized with sufficient certainty;
6. 
If it is not signed by the Judge who issued it; or
7. 
If it was not executed within ten (10) days after the date upon which the application therefore was made.
[Ord. No. 09-0191 §6, 3-19-2009]
Jefferson County may prosecute and punish violations of its orders and ordinances in the County Municipal Court. This Section shall not take effect until January 1, 2005. All violations of County orders issued prior to January 1, 2005, shall be prosecuted in the appropriate Court of law.
[Ord. No. 09-0191 §7, 3-19-2009]
In appropriate cases as set forth in local rules of the County Municipal Court, defendants charged with order violations may enter not guilty pleas and obtain trial dates by telephone or by written communication without a persona appearance and may plead guilty and deliver by mail or electronic transfer or other approved method the specified amount of the fine and costs as otherwise provided by law, within a period of time specified by the Court or other provisions of the law.
[Ord. No. 09-0191 §8, 3-19-2009]
A. 
It shall be unlawful for any person who has been charged with an offense of the Jefferson County orders or ordinances and the charge having been set in the Jefferson County Municipal Court to fail to appear before such Court as required. Proof of delivery or mailing of the Court notice to the person shall establish a presumption of knowledge by that person of his/her Court date.
B. 
It shall be unlawful for any person who has been convicted of, pled guilty to or been found guilty of any offense in the Jefferson County Municipal Court and who has been sentenced to pay any fine or otherwise required by law to pay any monetary penalty or costs of Court or reimbursement of expenses associated with the investigation or prosecution of such offense to fail to pay such fine, penalty, costs or reimbursement as required by the Court.
[Ord. No. 09-0191 §9, 3-19-2009]
All ordinance violations shall be prosecuted by information.
[Ord. No. 09-0191 §10, 3-19-2009]
A. 
Court costs are as follows:
1. 
Costs and procedures in the County Municipal Court shall be governed by the provisions of law relating to municipal ordinance violations in Municipal Divisions of Circuit Courts.
2. 
The Court costs authorized for each case in the County Municipal Court for violations of County ordinances are set out below. The Clerk of the County Municipal Court or his/her designee shall collect the Court costs and deposit them in the County Treasury unless indicated otherwise.
3. 
None of the Court costs set out below shall be collected when a proceeding or defendant is dismissed by the Court or when the Court costs have been waived or are to be paid by the County.
4. 
A fee of twelve dollars ($12.00) shall be assessed for each ordinance violation filed before a County Municipal Judge and in the event that a defendant pleads guilty or is found guilty, the Judge may assess costs against the defendant. Supreme Court Operating Rule 21.01(a)(5).
5. 
A fee of twenty-five dollars ($25.00) shall be assessed for violation of a County ordinance.
6. 
A charge of ten dollars ($10.00) in cases involving the Jefferson County Sheriff's office for services rendered by the Jefferson County Sheriff's office shall be assessed for each case, except those cases that are paid through the Violations Bureau.
7. 
A surcharge of two dollars ($2.00) for the Law Enforcement Training Fund shall be assessed for each case. The surcharges collected pursuant to this Subsection shall be transmitted to the County Treasurer for deposit in a fund for law enforcement training in accordance with Section 488.5336, RSMo.
8. 
A surcharge of seven dollars fifty cents ($7.50) for the Crime Victims' Compensation Fund shall be assessed as costs and distributed in the manner provided in Section 595.045.6, RSMo.
9. 
A surcharge of one dollar ($1.00) shall be assessed for training of the Prosecuting Attorney and his/her staff. Half of all monies collected pursuant to this Subsection shall be payable to the Director of Revenue for the State of Missouri for deposit in the Missouri Office of Prosecution Services Fund created by Section 56.765.2, RSMo. Half of all monies collected pursuant to this Subsection shall by payable to the County Treasurer for deposit in a separate fund to be used solely for the purpose of additional training for the Prosecuting Attorney and his/her staff in accordance with the requirements of Section 57.765.3, RSMo.
10. 
A surcharge of two dollars ($2.00) shall be assessed for the purpose of providing operating expenses for shelters for battered person as defined in Sections 455.200 to 455.230, RSMo.
11. 
A fee of two dollars ($2.00) shall be assessed and collected, payable to the County Treasurer, to be deposited in an Inmate Security Fund to be utilized to develop biometric identification systems to ensure that inmates can be properly identified and tracked within the County Jail system.
12. 
A surcharge of ten dollars ($10.00) shall be assessed and collected for the purpose of paying for the costs associated with the operation of the County judicial facility including, but not limited to, utilities, maintenance and building security.
13. 
A surcharge of one dollar ($1.00) shall be assessed and collected to be paid at least monthly to the State Treasury to the credit of the Independent Living Center Fund established by Section 178.653, RSMo.
14. 
A surcharge of one dollar ($1.00) shall be assessed and collected to be paid into the State Treasury to the credit of the Motorcycle Safety Trust Fund created by Section 302.137.1, RSMo.
15. 
A surcharge of two dollars ($2.00) shall be assessed and collected to be paid into the State Treasury to the credit of the Head Injury Fund created by Section 304.028.1, RSMo.
16. 
A surcharge of two dollars ($2.00) shall be assessed and collected to be paid into the State Treasury to the credit of the Spinal Cord Injury Fund created in Section 304.027, RSMo.
17. 
A surcharge of one dollar ($1.00) shall be assessed and collected to be paid to the State Treasury to the credit of the Peace Officer Standards and Training Commission Fund created in Section 590.178, RSMo.
18. 
A surcharge of four dollars ($4.00) shall be assessed and collected payable to the Missouri Office of Prosecution Services for deposit to the credit of the Missouri Prosecuting Attorneys' and Circuit Attorneys' Retirement System Fund created in Section 56.807, RSMo. This surcharge shall not be assessed on cases that are paid through the Violations Bureau.
19. 
A surcharge of three dollars ($3.00) shall be assessed and collected payable to the Sheriff's Retirement Fund created in Section 57.955, RSMo.
20. 
In addition to any other penalties and/or costs imposed, the Court may order a defendant who pleads guilty or is found guilty of a violation of a County ordinance involving alcohol- or drug-related traffic offenses to reimburse the Jefferson County Sheriff's office for the costs associated with his/her arrest, including the reasonable costs of making the arrest, the costs of any chemical tests to determine the alcohol or drug content of the defendant's blood and the costs of processing, charging, booking and holding the defendant in custody. The Jefferson County Sheriff may establish a schedule of such costs for submission to the Court. The costs herein provided shall be collected by the authorized Clerk and deposited into the County Treasury for deposit in a fund for the provision of services by the Sheriff's office. These costs may be reduced if the Court determines that the costs are excessive.
21. 
Costs shall not be assessed as provided in Subsections (4) through (20) of this Section in those cases where the defendant is found by the Judge to be indigent and unable to pay the costs.
22. 
Costs authorized by this Section are in addition to service charges, witness fees and jail costs that may otherwise be authorized to be assessed.
[Ord. No. 10-0270 §§1 — 3, 7-7-2010]
A. 
The Jefferson County, Missouri, Council hereby establishes a booking fee of twenty-five dollars ($25.00) to be charged to each inmate booked into the Jefferson County Jail. This fee is established for the sole purpose of recouping the cost of providing the necessary services and funds expended in order to book inmates into the Jefferson County Jail.
B. 
The fee imposed pursuant to this Section shall be collected as follows: by deducting the fee as an initial, first (1st) charge from the inmate account maintained by the Jefferson County Sheriff, otherwise known as the commissary account; by adding the fee to any surety or cash bond posted by or on behalf of the inmate; or by including the fee in any bill for reimbursement of costs pursuant to Sections 488.5334 or 577.048, RSMo.
C. 
In the event that the fee established by this Section is not paid by the inmate, the Jefferson County Sheriff may pursue the collection of the unpaid fee by any process authorized by law for the collection of delinquent payments.
[Ord. No. 09-0191 §11, 3-19-2009]
A. 
Any Law Enforcement Officer or authorized County Official from the Jefferson County Department of County Services and Code Enforcement or any Divisions thereof may, when a suspected violation of a County ordinance occurs, issue a summons to the suspected violator to appear before the County Municipal Court at a date and time specified therein.
B. 
The summons provided for herein shall not be issued in traffic cases which require the use of the uniform traffic ticket, under Missouri Supreme Court Rule 37.
C. 
The summons provided for herein shall be substantially in form approved by the Municipal Court and on file with the Municipal Prosecutor.
[Ord. No. 10-03700 §1, 11-2-2010; Ord. No. 11-0153 §§1 — 2, 4-27-2011]
The use of red light cameras or speed cameras shall be prohibited on any road, roadway or highway within the boundaries of Unincorporated Jefferson County, Missouri for the purpose of enforcing violations of the Code of Ordinances of Jefferson County or the Jefferson County Traffic Code.