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.
[Ord. No. 3276 §1, 8-4-2014; Ord. No. 3556, 8-2-2021; Ord. No. 3609, 11-7-2022; Ord.
No. 3650, 5-1-2023]
A.
In addition to any fine that may be imposed by the Municipal Judge
in any case filed in the Harrisonville Municipal Division of the 17th
Judicial Circuit Court, and in addition to all other fees authorized
or required by law, there shall be assessed as costs the following
fees:
1.
Costs of Court or Clerk fee.
2.
Police Officer Training Fee. This fee 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.
a.
A portion of each such Court cost 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.
b.
A portion of each such Court cost 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.
3.
Crime Victims' Compensation Fund. This fee shall be assessed and added to the basic costs in Subsection (A)(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:
4.
There may also be assessed a fee for the Domestic Violence Shelter
Fund per case for each criminal case and each County or municipal
ordinance violation case for the purpose of providing operating expenses
for shelters for battered persons as set out in Section 488.607, RSMo.
5.
Mileage as may be provided by State Statute.
6.
Any other reasonable cost as may be otherwise provided by ordinance, including, but not limited to, costs of confinement, including any necessary transportation related thereto, medical costs incurred by the City while a defendant is in City custody, and costs related to the arrest and testing of any person for any intoxication-related traffic offense as set out in Subsection (A)(7) hereof.
7.
Reimbursement Of Certain Costs Of Arrest.
a.
Upon a plea or a finding of guilty of violating the provisions of Section 342.020 or Section 342.030 of this Code or any ordinance of the City of Harrisonville involving alcohol- or drug-related traffic offenses, the Court may, in addition to imposition of any penalties provided by law, order the convicted person to reimburse the Police Department for the costs associated with such arrest.
b.
Such costs hereby authorized shall include the reasonable cost
of making the arrest, including the cost of any chemical test made
as authorized or required by law or ordinance to determine the alcohol
or drug content of the person's blood, and the costs of processing,
charging, booking and holding such person in custody.
c.
The Chief of Police may establish a schedule of such costs hereby
authorized and shall submit the same to the Municipal Judge. However,
the Court may order the costs reduced if it determines that the costs
are excessive.
d.
Upon receipt of such additional costs authorized by this Subsection,
the City Treasurer shall retain such costs in a separate fund to be
known as the "DWI/Drug Offense Cost Reimbursement Fund." Monies with
such fund shall be appropriated by the Board of Aldermen to the Police
Department in amounts equal to those costs so collected and shall
be used by such Department specifically to enhance and support the
enforcement and prosecution of alcohol- and drug-related traffic laws
within the City.
8.
In any case where there is a violation of Chapter 195, RSMo.,
or any City ordinance related thereto, a Judge may, upon a finding
of guilt, order a defendant to pay for costs for testing of the substance
or substances at a private laboratory.
9.
Inmate Security Fund. A surcharge for the Inmate Security Fund
is hereby established and assessed for each municipal ordinance violation
case filed in Municipal Court; except that no such surcharge shall
be assessed in any proceeding when the proceeding or defendant has
been dismissed by the Court or when costs are to be paid by the City
of Harrisonville. Such surcharge shall be collected by the Municipal
Division Clerk and dispensed to the City Treasurer to be deposited
into the "Inmate Security Fund," for reimbursement of expenses incurred
for the development and installation of biometric verification systems;
and after installation, the funds may be used for the maintenance
of biometric verification systems and for expenses related to the
custody and housing of prisoners to the City.
10.
In addition to the other costs authorized in this Section, there
shall be assessed a State Court automation surcharge pursuant to Section
476.056, RSMo., in all cases in which Court costs are taxed. Said
surcharge shall be collected by the Municipal Court and transmitted
monthly to the Missouri Director of Revenue to the credit of the Missouri
Statewide Automation Fund, as provided in Section 488.012.3(5), RSMo.,
and Section 488.027.2, RSMo., and in an amount mandated by said Statutes.
[Ord. No. 3570, 10-18-2021]
A.
The issuance of administrative search warrants relating to violations
of Harrisonville City Code and relating to enforcement thereof shall
conform to and be governed by the following provisions:
1.
An administrative search warrant is a written order of the Municipal
Court of the City of Harrisonville commanding the search of property
to determine the existence of violations of specific provisions contained
within the Code, to permit abatement of nuisances, and enforcement
of violations of said Code provisions and the International Property
Maintenance Code, as adopted.
2.
Any Public Official, Police Officer, Code Enforcement Officer,
special counsel, or the prosecuting attorney may make an application
for the issuance of an administrative search warrant. The application
may be made on a form prepared by the Court Clerk and shall:
a.
Be in writing.
b.
State the time and date of the making of the application.
c.
Identify the property which is to be searched in sufficient
detail and particularity that the Police Officer, Building Official,
Code Enforcement Officer, or other person executing the warrant can
readily ascertain it.
d.
Identify the City Code violation in sufficient detail and particularity
that the Police Officer, Building Official, Code Enforcement Officer,
or other person executing the warrant can readily ascertain it.
e.
State facts sufficient to show reasonable suspicion for the
issuance of the administrative search warrant.
f.
Be verified by the signed oath or affirmation of the applicant.
g.
Be filed in the Municipal Court.
3.
The application may be supplemented, in writing, as necessary
to assist the Municipal Judge in determining whether there is reasonable
suspicion for the issuance of an administrative search warrant and
to fill out any deficiencies in the description of the property to
be searched or in the Code violation(s) on the property. Oral testimony
shall not be considered.
4.
The Municipal Judge or Acting Municipal Judge shall review the
application and any written supplementation to determine whether sufficient
facts have been stated to justify the issuance of an administrative
search warrant. If it appears that there is reasonable suspicion to
believe that a violation of the Code provision exists on the property
described, an original and two (2) copies of the administrative search
warrant shall be issued.
5.
The application and any written supplementation and a copy of
the warrant shall be retained in the records of the Municipal Court.
6.
The administrative search warrant shall:
a.
Be in writing;
b.
Be directed to a Police Officer, Building Official, Code Enforcement
Officer, or other person of the City of Harrisonville;
c.
State the time and date the warrant is issued;
d.
Identify the property which is to be searched in sufficient
detail and particularity such that the Police Officer, Building Official,
Code Enforcement Officer, or other person executing the warrant can
readily ascertain it;
e.
Identify the Code violation in sufficient detail and particularity
such that the Police Officer, Building Official, Code Enforcement
Officer, or other person executing the warrant can readily ascertain
it;
f.
Be signed by the Municipal Judge or Acting Municipal Judge;
g.
Be executed by a Police Officer, Building Official, Code Enforcement
Officer, or other person of the City of Harrisonville by conducting
the search commanded and/or abating the nuisance or Code violation;
h.
Be executed between the hours of 8:00 A.M. and 5:00 P.M. except
in the case of an emergency threatening immediate damage or harm to
life or property;
i.
Be executed as soon as practicable and shall expire if it is
not executed and returned within ten (10) days after the date of the
making of the application; and
j.
After execution of the administrative search warrant, the warrant
with a return thereon, signed by the Police Officer, Building Official,
Code Enforcement Officer, or other person executing the warrant, shall
be filed in Municipal Court. The return shall show the date and manner
of execution, the name of the possessor and the name of the owner
of the property, when they are not the same person, if known.
7.
An administrative search warrant shall be deemed invalid:
a.
If it was not issued and signed by the Municipal Judge or Acting
Municipal Judge; or
b.
If it was not issued without a written application in compliance
with this Code Section having been filed and verified; or
c.
If it was issued without reasonable suspicion; or
d.
If it does not describe the property to be searched and/or the
nuisance or Code violation with sufficient certainty; or
e.
If it is not executed and returned within the time prescribed.
