The City of Truesdale, hereby elects to have all violations
of its municipal ordinances heard and determined by an Associate Circuit
Judge of the Circuit Court of Warren County, Missouri, the County
in which the City of Truesdale is located.
The Division of the Circuit Court of Warren County, Missouri,
which hears and determines violations of the ordinances of the City
of Truesdale shall be known as the "Municipal Division of the Circuit
Court of Warren County, Missouri".
The rules governing the procedure and practice in the Municipal
Court shall be those established and promulgated by the Supreme Court
of Missouri on July 1, 1959, and such subsequent rules as the Supreme
Court shall from time to time establish and promulgate; and any provision
in these ordinances which shall be in conflict with such rules is
hereby repealed.
The Associate Circuit Judge may establish a Violations Bureau
in the City of Truesdale, and shall establish such a Bureau when a
request therefor is made by the Board of Aldermen of the City of Truesdale.
The Violations Bureau shall operate under the supervision of the Circuit
Court, and the Associate Circuit Judge hearing and determining violations
of the ordinances of the City of Truesdale, and shall be operated
in accordance with the rules of the Supreme Court and the rules of
the Circuit Court. All expenses incident to the operation of the Violations
Bureau, including salaries of clerical personnel, shall be paid by
the City of Truesdale. The City shall provide suitable quarters for
the Violations Bureau. The Violations Bureau shall accept pleas of
guilty to certain violations of traffic ordinances designated by the
Associate Circuit Judge and shall accept payments of fines established
by the Associate Circuit Judge and court costs assessed on said pleas
of guilty.
All prosecutions for the violation of City ordinances shall
be instituted by information and may be based upon a complaint. Proceedings
shall be in accordance with the Supreme Court Rule governing practices
and procedures in proceedings before Municipal Judges.
In the trial of violations of the ordinances of the City, a
copy of a City ordinance which is certified by the Clerk of the City
shall constitute prima facie evidence of such ordinance. If such certified
copy is on file with the Clerk of the Municipal Division and readily
available for inspection by the parties, the Judge may take judicial
notice of such ordinance without further proof.
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.
A.
In
addition to any fine that may be imposed by the Municipal Judge in
any case filed in the Truesdale Municipal Division of the 12th 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 fifteen dollars ($15.00).
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.
There may also be assessed a two dollar ($2.00) cost per case for
each criminal case, including violations of any County or municipal
ordinance, for the purpose of providing operating expenses for shelters
for battered persons as set out in Section 488.607, RSMo.
5.
There shall be assessed a seven dollar ($7.00) surcharge for the
statewide Court Automation Fund.
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 or costs assessed against
the City by any other detention facility.
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
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 Section 125.070(10) hereof.
10.
Reimbursement of certain costs of arrest.
a.
Upon a plea or a finding of guilty of violating the provisions of Sections 340.020 or 340.030 of this Code or any ordinance of the City of Truesdale 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.
