Cross References — As to general penalty for violation of code, §100.230; as to traffic violations bureau, ch. 390.
State Law References — Courts in fourth class cities,
§98.500, RSMo.; cities may elect where violations of municipal
ordinances may be heard, §479.040, RSMo.
[R.O. 2011 §8-1; Ord. No. 2454 §§1 — 7, 1-21-1980]
A.
The City
of Salem, Missouri, does hereby elect and choose to have the violations
of its municipal ordinances heard and determined by the Associate
Circuit Court of the County of Dent as provided in Section 479.040,
RSMo.
B.
The City
of Salem does hereby request the Presiding Judge of the 42nd Judicial
Circuit of the State of Missouri to give the consent so that the Associate
Circuit Judge of Dent County, Missouri, may commence hearing such
violations at the earliest possible date, pursuant to Section 479.040(2),
RSMo.
C.
The office
of Police Judge of the City of Salem, Missouri, is hereby abolished
effective March 31, 1980.
D.
Court
costs to be assessed on all cases brought before the Associate Circuit
Court for the violations of municipal ordinances shall be fifteen
dollars ($15.00).
[R.O. 2011 §8-7; Ord. No. 2773 §§1 — 5, 4-1-1991; Ord. No. 2849 §§1 — 2, 2-6-1995; Ord. No. 3062 §§1 — 2, 9-6-2005]
A.
The official
responsible for collecting Court costs and fines may assess as Court
costs up to three dollars ($3.00) for each violation of the general
criminal laws of the State, including infractions, or violations of
ordinances of the City of Salem, Dent County, Missouri, provided that
no such fee shall be collected for non-moving traffic violations,
and no such fee shall be collected for violations of fish and game
regulations, and no such fee shall be collected in any proceeding
in any Court when the proceeding or defendant has been dismissed by
the Court.
B.
Two dollars
($2.00) of such fees collected shall be transmitted monthly to the
Treasurer of the City of Salem, Dent County, Missouri, to be used
locally for training Law Enforcement Officers. One dollar ($1.00)
of such fees collected shall be deposited into the Peace Officer Standards
and Training Commission Fund to be used statewide for training Law
Enforcement Officers. The checks should be payable to the "Treasurer,
State of Missouri". Address and mail check on or before the fifteenth
(15th) of each month to: Budget Director, Department of Public Safety,
P.O. Box 749, Jefferson City, Missouri, 65102.
C.
Crime Victims' Compensation Fund. An additional sum of
seven dollars fifty cents ($7.50) shall be assessed and added to the
basic costs in Subparagraph (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 Subparagraph shall be paid at least monthly as follows:
D.
There
shall be assessed a seven dollar ($7.00) surcharge for the Statewide
Court Automation Fund.
E.
For all
process issued by any Court in Dent County, Missouri, and directed
to the Salem Police Department or any officer thereof, the Court issuing
such process shall assess and collect a fee of ten dollars ($10.00)
for each item of process so served.
F.
The Court
issuing such process shall also assess and collect twenty-five cents
($.25) per mile for every mile necessarily traveled in serving such
process, attempting to serve such process or transporting people or
property at the direction of the Court.
G.
The Salem
Police Department, or an officer thereof, shall certify to the Court
issuing such process or orders the amount of fees or mileage due for
serving such process, attempting to serve such process or transporting
people or property.
H.
The Clerk
of the Court issuing such process or orders shall assess and tax as
costs to the appropriate case all such sums certified as due and owing
for the service of such process, attempting to serve such process
or transporting people or property.
I.
The Clerk,
after collecting such fees or mileage, shall transfer to the City
of Salem, Missouri, all monies collected under the provisions of this
Section.
J.
Inmate Security Fund. A surcharge of two dollars ($2.00)
shall be assessed as costs in all violations of any municipal ordinance;
except that no such fee shall be collected in any proceeding in any
court when the proceeding or the defendant has been dismissed by the
court or when costs are to be paid by the City.
1.
The
City shall deposit funds generated by the surcharge into the "Inmate
Security Fund". Funds deposited 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 holds 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.
K.
Reimbursement Of Certain Costs Of Arrest.
1.
Upon a plea or a finding of guilty of violating the provisions of Sections 342.020 or 342.030 of this Code or any ordinance of the City of Salem 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.
2.
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.
3.
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.
