[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; Ord.
No. 21-0280, 5-12-2021]
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.
Pursuant to Section 488.1014.1, RSMo., a fee of ten dollars ($10.00)
shall be assessed for a violation of a County ordinance.
6.
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.
7.
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.
8.
A surcharge of five dollars ($5.00) 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.
9.
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.
10.
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.
11.
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.
12.
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.
13.
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.
14.
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.
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 Spinal Cord
Injury Fund created in Section 304.027, RSMo.
16.
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.
17.
Pursuant to Section 488.026, RSMo., 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.
18.
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.
19.
Pursuant to Section 211.435.2. RSMo., a surcharge of two dollars
($2.00) for all traffic violations shall be assessed and collected,
payable to the State's Juvenile Justice Preservation Fund, and disbursed
by the Clerk of the Court as provided in Sections 488.010 and 488.020,
RSMo.
20.
Upon the implementation by the County of the Show-Me Courts software
for use by the Municipal Court, a fee in the amount of seven dollars
($7.00) shall be assessed in all cases in which Court costs are taxed.
No such fee shall be collected when the Court has dismissed the charge
against the defendant, or when the costs are to be paid by the County.
Said fee shall be collected by the Court and transmitted monthly to
the Missouri Director of Revenue to the credit of the Missouri Statewide
Automation Fund, as provide in Section 488.012.3(5), RSMo., and Section
488.027.2, RSMo.
21.
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.
23.
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.
