[CC 1961 §6.1; Ord.
No. 2306 §1(6.1), 12-4-1978]
There is hereby established in this City a Municipal Court,
to be known as the "Berkeley Municipal Court, a Division of the 21st
Judicial Circuit Court of the State of Missouri". This Court is a
continuation of the Municipal Court of the City as previously established,
and is termed herein "the Municipal Court".
Violations of municipal ordinances shall be heard and determined
only before divisions of the Circuit Court as hereinafter provided
in this Chapter. "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.
[CC 1961 §6.3; Ord.
No. 2306 §1(6.3), 12-4-1978]
A.
The
Judge of the City's Municipal Court shall be known as a Municipal
Judge of the 21st Judicial Circuit Court, and shall be selected as
follows:
1.
He/she shall be appointed to office on the first (1st) day of June
following the election of the Mayor to his/her position by a majority
vote of the entire City Council for a term of four (4) years. If a
vacancy exists in such office his/her successor shall be appointed
to fill the unexpired term.
[CC 1961 §6.4; Ord.
No. 2306 §1(6.4), 12-4-1978]
A.
The
Municipal Judge shall vacate his/her office under the following circumstances:
1.
Upon removal from office by the State Commission on the Retirement,
Removal and Discipline of Judges, as provided in Missouri Supreme
Court Rule 12,
2.
Upon attaining his/her seventy-fifth (75th) birthday,
3.
If he/she should lose his/her license to practice law within the
State of Missouri, or
4.
For cause and provided with a hearing before the City Council.
[CC 1961 §6.5; Ord.
No. 2306 §1(6.5), 12-4-1978]
A.
The
Municipal Judge shall possess the following qualifications before
he/she shall take office:
1.
He/she shall be a licensed attorney, qualified to practice law within
the State of Missouri and be in active legal practice for at least
five (5) years prior to his/her appointment.
2.
He/she need not reside within the City.
3.
He/she must be a resident of the State of Missouri.
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.
He/she may not hold any other office within the City Government.
7.
The Municipal Judge shall be considered holding a part-time position,
and as such may accept, within the requirements of the Code of Judicial
Conduct, Missouri Supreme Court Rule 2, other employment.
B.
No Municipal Judge shall serve as a Municipal Judge in more than
five (5) municipalities at one (1) time. A Court that serves more
than one (1) municipality shall be treated as a single municipality
for the purposes of this Subsection.
[CC 1961 §6.6; Ord.
No. 2306 §1(6.6), 12-4-1978]
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
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 said Court shall obey his/her
directives.
[CC 1961 §6.8; Ord.
No. 2306 §1(6.8), 12-4-1978]
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 proceedings therein and he/she shall keep such
other records as may be required. Such docket and records shall be
records of the Circuit Court of St. Louis County. 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.
[CC 1961 §6.9; Ord No. 2306 §1(6.9), 12-4-1978]
A.
The
Municipal Judge shall be and is hereby authorized to:
1.
Establish a Traffic Violations Bureau as provided for in the Missouri
Rules of Practice and Procedure in Municipal and Traffic Courts and
Section 479.050 of the Revised Statutes of Missouri.
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 and
to the same extent as a Circuit Judge.
3.
Commute the term 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 Code or
other ordinances of this City or Charter.
[CC 1961 §6.10; Ord.
No. 2306 §1(6.10), 12-4-1978]
Should the Municipal Judge determine that there shall be a Traffic
Violations Bureau, the City shall provide all expenses incident to
the operation of the same. The Director of Finance is hereby designated
as the Traffic Violations Clerk for said Bureau, if established. Failure
to obey summons or warrants shall be a violation.
[CC 1961 §6.11; Ord.
No. 2306 §1(6.11), 12-4-1978]
All warrants issued by a Municipal Judge shall be directed to
the Chief of Police or any other Police Officer of the municipality
or to the Sheriff of the County. The warrant shall be executed by
the Marshal, Chief of Police, Police Officer, or Sheriff 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,
and, when so endorsed, shall be served in other counties, as provided
for in warrants in criminal cases.
[Ord. No. 4545, 5-6-2019]
A.
A search warrant is a written order of the Municipal Judge commanding
the search or inspection of any property, place or thing, and the
seizure, photographing, copying or recording of property or physical
conditions found thereon or therein, to determine or prove the existence
of violations of any ordinance or this Code relating to the use, condition
or occupancy of property or structures located within the City, or
to enforce the provisions of any such ordinance or this Code.
B.
The Municipal Judge, having original and exclusive jurisdiction to
determine violations of any ordinances or this Code, may issue a search
warrant when:
1.
The property or place to be searched or inspected, or the thing
to be seized, is located within the City at the time an application
for a search warrant is made; and
2.
The owner or occupant of the property or place to be searched
or inspected, or the thing to be seized, has refused to allow such
search or inspection after an official request by the City has been
made.
C.
The Director of Public Works, or his/her designee, or Police Chief
may make an application for the issuance of a search warrant. The
application shall:
1.
Be in writing;
2.
State the time and date that the application is made;
3.
Identify the structure or premises which are to be entered upon,
searched or inspected, or the thing which is to be seized, in sufficient
detail and particularity that the Director of Public Works, or his/her
designee, or Police Chief executing the search warrant may readily
ascertain the structure, premises or thing to be searched or seized;
4.
State that the owner or occupant of the structure or premises
to be entered upon, searched or inspected, or of the thing to be seized,
has refused a request by the Director of Public Works, or his/her
designee, or Police Chief to conduct such action;
5.
State facts sufficient to show probable cause for the issuance
of a search warrant;
6.
Be verified by oath or affirmation of the applicant; and
7.
Be filed in the Municipal Court.
D.
The application for the issuance of a search warrant may be supplemented
by a written affidavit verified by oath or affirmation of the applicant.
Such affidavit shall be considered when determining whether there
is probable cause for the issuance of a search warrant and shall be
considered to resolve and deficiencies in the description of the structure
or premise to be entered upon, searched or inspected, or the thing
to be seized. Oral testimony shall not be considered.
E.
The Municipal Judge shall hold a non-adversary hearing to determine
whether sufficient facts have been stated for the issuance of a search
warrant. If it appears from the application, and any supporting affidavit,
that there is probable cause to believe that the place or thing subject
to search or seizure is in, on or upon the structure or premises described
in the application, and any supporting affidavit, a search warrant
shall be immediately issued. The warrant shall be issued in the form
of an original and two (2) copies.
F.
The application, and any supporting affidavit, and a copy of the
warrant shall be retained in the records of the Municipal Court.
G.
The search warrant shall:
1.
Be in writing and issued in the name of the City;
2.
Be directed to the Director of Public Works, or his/her designee,
or any Police Chief;
3.
State the time and date the search warrant is issued;
4.
Identify the structure or premises which is to be entered upon,
searched or inspected, or the thing to be seized, in sufficient detail
and particularity that the Director of Public Works, or his/her designee,
or any Police Chief executing the search warrant may readily ascertain
the structure or premises to be searched or inspected, or thing to
be seized;
5.
Command that the structure or premises be entered upon, searched
or inspected, and any evidence of any violation(s) found therein or
thereon, or any property seized pursuant thereto, or a description
of such property, be returned to the Municipal Judge who issued the
search warrant, to be dealt with according to law not later than ten
(10) days after the date the application for the search warrant is
made; and
6.
Be signed by the Municipal Judge, with his/her title of office
indicated thereon.
H.
A search warrant issued under this Section may only be executed by
the Director of Public Works, or his/her designee, or any Police Chief.
The search warrant shall be executed by conducting the search and
seizing the thing(s) commanded therein.
I.
A search warrant shall be executed in a reasonable manner and as
soon as practicable. A search warrant shall expire if it is not executed
and a return not made within then ten (10) days after the date of
the application.
J.
The Director of Public Works, or his/her designee, or any Police
Chief conducting the search or inspection shall give the owner or
occupant of the property or place entered upon, searched or inspected,
or of the property seized, a copy of the search warrant.
K.
If property is seized incident to the search, the Director of Public
Works, or his/her designee, or any Police Chief conducting the search,
shall give the person from whose possession the property is taken
an itemized receipt listing the property taken, but only if such person
is present. If no such person is present, the Director of Public Works,
or his/her designee, or any Police Chief shall leave the receipt in
a conspicuous place at the site of the search or seizure.
L.
After execution of the search warrant, the search warrant with a
return thereon, signed by the Director of Public Works, or his/her
designee, or any Police Chief making the search, shall be delivered
to the Municipal Judge who issued the warrant. The return shall indicate
the date and manner of execution, the items seized, and the name of
the possessor and the name of the owner, when he/she is not the same
person, if known. The return shall be accompanied by a copy of the
itemized property receipt required in this Section. A copy of the
itemized property receipt shall be delivered to the Municipal Court
with two (2) business days of the search.
M.
A search warrant shall be deemed invalid:
1.
If it was not issued by a Municipal Judge; or
2.
If it was issued without a written application having first
been filed and verified by the Municipal Court; or
3.
If it was issued without probable cause; or
4.
If it was not issued with respect to property or places located
within the City; or
5.
If it does not describe the structure or premises to be entered
upon, searched or inspected, or the thing to be seized, with sufficient
detail and particularity as required in this Section; or
6.
If it was not signed by the Municipal Judge who issued the search
warrant; or
7.
If it was not executed within the time prescribed in this Section.
N.
The City will pay the reasonable costs for the defense of any City
employee, official, elected or appointed, who is sued or prosecuted
because of actions taken in carrying out the authority granted by
this Section.
[CC 1961 §6.12; Ord.
No. 2306 §1(6.12), 12-4-1978]
The Chief of Police, or other Police Officer of the City shall,
without a warrant, make arrest of any person who commits an offense
in his/her presence, but such officer shall, before the trial file
a written complaint with the Judge hearing violations of municipal
ordinances.
[CC 1961 §6.13; Ord.
No. 2306 §1(6.13), 12-4-1978]
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 demands trial by jury,
the Municipal Court shall certify the case to the Presiding Judge
of the Circuit Court for reassignment.
[CC 1961 §6.14; Ord.
No. 2306 §1(6.14), 12-4-1978]
It shall be the duty of an attorney designated by the municipality
to prosecute the violations of the City's ordinances before the Municipal
Judge or before the Circuit Judge hearing violations of the City's
ordinances. The salary or fees of the attorney and his/her necessary
expenses incurred in such prosecutions shall be paid by the City.
The compensation of such attorney shall not be contingent upon the
result in any case.
[CC 1961 §6.15; Ord.
No. 2306 §1(6.15), 12-4-1978]
It shall be the duty of the Municipal Judge to summon all persons
whose testimony may be deemed 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 trials
before Associate Circuit Judges and shall be taxed as other costs
in the case. When a trial shall be continued by the 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.
A.
If,
in the progress of any trial before the Municipal Judge, it shall
appear to the Judge that the accused ought to be put upon 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 Court Judge of
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 (2) or more
previous intoxication-related traffic offenses as defined in Section
577.001, RSMo., or has had two (2) or more previous alcohol-related
enforcement contacts as defined in Section 302.525, RSMo.
[CC 1961 §6.17; Ord.
No. 2306 §1(6.17), 12-4-1978]
If in the opinion of the Municipal Judge, the City has no suitable
and safe place of confinement, the Municipal Judge may commit the
defendant to the County Jail, and it shall be the duty of the Sheriff,
if space for the prisoner is available in the County Jail, upon receipt
of a Warrant of Commitment from the Judge to receive and safely keep
such prisoner until discharged by due process of law. The City shall
pay the board of such prisoner at the same rate as may now or hereafter
be allowed to such Sheriff for the keeping of such prisoner in his/her
custody. The same shall be taxed as cost.
A.
Any
Judge hearing violations of 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 such 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.
[CC 1961 §6.19; Ord.
No. 2306 §1(6.19), 12-4-1978]
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 judgment and shall be filed in such form and perfected
in such manner as provided by Supreme Court rules.
[CC 1961 §6.21; Ord.
No. 2306 §1(6.21), 12-4-1978]
In the case of a breach of any recognizance entered into before
the 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
the 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 General Revenue Fund of the municipality.
[CC 1961 §6.22; Ord.
No. 2306 §1(6.22), 12-4-1978]
The Municipal Judge shall be disqualified to hear any case in
which he/she is anywise interested, or, if before the trial is commenced,
the defendant or the Prosecutor files an affidavit that the defendant
or the City, 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 City shall be entitled to file more than one
(1) affidavit or disqualification in the same case.
[CC 1961 §6.23; Ord.
No. 2306 §1(6.23), 12-4-1978]
If a Municipal Judge be absent, sick or disqualified from acting,
the Council may designate some competent, eligible person to act as
Municipal Judge until such absence or disqualification shall cease.
The Council shall provide by ordinance for the compensation of any
person designated to act as Municipal Judge.
[CC 1961 §6.24; Ord.
No. 2306 §1(6.24), 12-4-1978]
A.
The
duties of the Municipal 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.
Sign and issue subpoenas requiring the attendance of witnesses and
sign and issue subpoenas duces tecum.
5.
Accept the appearance, waiver of trial and plea of guilty and payment
of fine and costs in Traffic Violations Bureau cases or as directed
by the Municipal Judge; generally act as Violations Clerk of the Traffic
Violations Bureau.
6.
Perform all other duties as provided for by ordinance, by rules of
Practice and Procedure adopted by the Municipal Judge and by the Missouri
Rules of Practice and Procedure in Municipal and Traffic Courts and
by Statute.
7.
Maintain, properly certified by the City Clerk, a complete copy of
the ordinances of the City of the municipality which shall constitute
prima facie evidence of such ordinance before the
8.
Court. Further, to maintain a similar certified
copy on file with the Clerk serving the Circuit Court of this County.
[Ord. No. 3536 §1, 9-17-2001]
A.
In
addition to any fine that may be imposed by the Municipal Judge in
any case filed in the Berkeley Municipal Division of the 21st Judicial
Circuit Court, and in addition to all other fees authorized or required
by law, there shall be assessed as costs the following:
1.
Costs of Court in the amount of twelve dollars ($12.00).
2.
Police Officer training fee. A fee 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.
a.
Two dollars ($2.00) 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.
One dollar ($1.00) 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. An additional sum of seven dollars fifty cents ($7.50) shall be assessed and added to the basic costs in Subsection (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.
(Reserved)
5.
There may also be assessed a two dollar ($2.00) cost for the purpose
of providing operating expenses for shelters for battered persons
as set out in Section 488.607, RSMo.
6.
Other costs, such as for the issuance of a warrant, a commitment,
or a summons, as provided before the Associate Circuit Judge in criminal
prosecutions.
7.
Actual costs assessed against the City by the County Sheriff for
apprehension or confinement in the County Jail.[1]
[1]
Editor's Note: Ordinance No. 4187, adopted 1-5-2015, provided
for the collection of the cost of incarceration, the deposit of all
moneys collected in the general fund of the City, and set the average
per-day cost of incarceration in Berkeley jail facilities. Said current
per-day cost is on file in the City offices.
8.
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.
9.
Any other reasonable cost as may be otherwise provided by ordinance and permitted under the laws of the State of Missouri, 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 (10) hereof.
10.
Reimbursement of certain costs of arrest.
a.
Upon a plea or a finding of guilty for a first (1st) offense of violating
the provisions of an ordinance of the City of Berkeley, 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 shall 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 City Council 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.
11.
Issuance of a warrant: $5.00.
12.
Issuance of a commitment: $5.00.
13.
Letter or notice of failure to appear in Court: $3.00.
14.
Issuance of a summons: $1.00.
15.
Appeal costs from Municipal Court to the Circuit Court of St. Louis
County as required.
16.
In addition to the above costs, there shall be added twenty cents
($.20) per mile for each mile or fraction thereof that the Police
must travel to serve any warrant or commitment or order of the Court.
17.
Expert witness fees required by the City shall be taxed as costs
by the Court. Expert witnesses are witnesses who testify relative
to matters outside of the scope of general knowledge and possess special
skills and knowledge.
18.
Certification of any and all documents of the Municipal Court shall
cost two dollars fifty cents ($2.50).
19.
Judicial Education Fund and Appointed Counsel Fund.
[Ord. No. 4108 §§1 — 3, 9-9-2013]
a.
A fee of one dollar ($1.00) shall be assessed as Court costs
on all municipal violations that result in a plea or finding of guilty
in the Municipal Court of Berkeley, Missouri.
b.
This fee shall be collected and allocated between the Judicial
Education Fund and the Appointed Counsel Fund, as determined by the
Court.
c.
The funds shall be administered and utilized consistent with
the requirements of State Law, specifically, Section 479.260, RSMo.
Notwithstanding any provision of law, Supreme Court Rule, or
Court Operating Rule, in a proceeding for a municipal ordinance violation
or any other proceeding before a Municipal Court if the charge carries
the possibility of fifteen (15) days or more in jail or confinement,
a defendant shall not be charged any fee for obtaining a police report,
probable cause statement, or any video relevant to the traffic stop
or arrest. Such police report, probable cause statement, or video
shall be provided by the prosecutor upon written request by the defendant
for discovery.
[Ord. No. 4163 §1, 10-6-2014]
There is hereby approved and authorized a transaction fee of
four dollars ($4.00) to be charged in connection with each credit
card payment made to the City of Berkeley, Missouri Municipal Court
to be used to offset the transaction fees charged to the City of Berkeley
in connection with credit card payments.
[Ord. No. 4107 §§1 — 2, 9-9-2013]
[CC 1961 §6.26; Ord.
No. 2306 §1(6.26), 12-4-1978]
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 the prosecution was commenced
without probable cause and from malicious motives.
[CC 1961 §6.27; Ord.
No. 2306 §1(6.27), 12-4-1978]
When a fine is assessed for violating an ordinance, it shall
be within the discretion of the Judge assessing the fine to provide
for the payment of a fine on an installment basis under such terms
and conditions as he/she may deem appropriate.
[CC 1961 §6.29; Ord.
No. 2377 §§1 — 2, 12-17-1979]
A.
No
person shall refuse to obey a summons, warrant or fail to appear in
Court after any cause is continued to a subsequent date and any such
violation in failing to appear in Court shall constitute a violation
of this Section.
[Ord. No. 3353 §§1 — 5, 10-16-1995]
A.
If
a resident of the State of Missouri shall be charged with a moving
traffic violation by the City of Berkeley and fails to dispose of
charges of which he/she stands accused through authorized prepayment
of fine and Court costs or fails to appear on the return date or at
any subsequent date to which the case has been continued, or without
good cause fails to pay any fine or Court costs against him/her for
any such violation within the period of time specified or in such
installments as approved by the Court or as otherwise provided by
law, the Municipal Court of the City of Berkeley shall within ten
(10) days of failure to comply, inform the defendant by ordinary mail
to the last address shown on the Court records that the Municipal
Court shall order the Missouri Director of Revenue to suspend the
defendant's driving privileges if the charges are not disposed of
and fully paid within thirty (30) days from the date of mailing.
B.
If
the defendant shall fail within the thirty (30) days allowed to dispose
of the charges and fully pay any applicable fines and Court costs.
The Municipal Court shall notify the defendant in the Municipal Court
of Berkeley.
C.
Upon receipt of the notifications set forth in Subsection (B), the Director of the Missouri Department of Revenue shall forthwith suspend the driving privileges of the defendant, and provide notice of the suspension to the driver at the last address for the driver shown on the records of the Department of Revenue.
D.
If
the defendant shall thereafter dispose of the charges and fully pay
any applicable fines and Court costs, the Municipal Court of the City
of Berkeley shall furnish to the defendant satisfactory evidence of
disposition of the pending charges and payment of fines and Court
costs.
