City of Normandy, MO
St. Louis County
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Table of Contents
Table of Contents
Article I In General
Article II Deferred Payment of Fines and Costs
[1]
Editor's Note — As to certain violations concerning an accused with special needs, §479.040, RSMo.
[R.O. 2012 §140.010; Ord. No. 65 §§1 — 2, 12-12-1978]
There is hereby established in this City a Municipal Court, to be known as the "Normandy Municipal Court, a Division of the 21st Judicial Circuit Court of the State of Missouri." This Court is a continuation of the Police 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.
[R.O. 2012 §140.030; Ord. No. 65 §§1 — 2, 12-12-1978; Ord. No. 85 §1, 5-15-1979; Ord. No. 511 §1, 3-4-2003]
A. 
The Mayor shall appoint, with the approval of the City Council, a Municipal Judge to preside over the Municipal Court and to be known as a Municipal Judge of the 21st Judicial Circuit Court for the Normandy Municipal Court. The Municipal Judge shall be qualified as provided in this Chapter and shall perform all duties and execute all responsibilities imposed by this Chapter or otherwise by law or rule of the Missouri Supreme Court.
B. 
The Mayor may also appoint, with the approval of the City Council, one (1) or more additional Municipal Judges, each of whom shall be known as a Provisional Municipal Judge of the 21st Judicial Circuit Court for the Normandy Municipal Court. Any person holding the office of Provisional Municipal Judge shall meet the qualifications of Municipal Judge and shall serve the same term of office as provided in this Chapter. The City Clerk shall inform the 21st Judicial Circuit Court Clerk of any person appointed as Provisional Municipal Judge.
C. 
One (1) or more Provisional Municipal Judges may be called on to serve as Municipal Judge in the event the Municipal Judge is not able to serve as a result of a conflict of interest or other disqualification, absence, illness or any other disability. If called upon to serve as Municipal Judge, a Provisional Municipal Judge shall perform all duties and responsibilities of the Municipal Judge and shall have all of the authority of the Municipal Judge imposed by this Chapter or otherwise by law or rule of the Missouri Supreme Court.
D. 
Upon request by the Mayor and if circumstances so require, the Presiding Judge of the 21st Judicial Circuit Court may also designate a Special Municipal Judge.
E. 
The City Council shall provide for the compensation of any person designated as Provisional or Special Municipal Judge.
[R.O. 2012 §140.040; Ord. No. 65 §§1 — 2, 12-12-1978]
The Municipal Judge shall hold his/her office for a period of two (2) years and shall take office biannually from April of 1979. If for any reason a Municipal Judge vacates his/her office, his/her successor shall complete that term of office, even if the same be for less than two (2) years.
[R.O. 2012 §140.050; Ord. No. 65 §§1 — 2, 12-12-1978]
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, and
2. 
Upon attaining his/her seventy-fifth (75th) birthday, or
3. 
If he/she should lose his/her license to practice law within the State of Missouri.
[R.O. 2012 §140.060; Ord. No. 65 §§1 — 2, 12-12-1978; Ord. No. 84, 5-15-1979]
A. 
The Municipal Judge shall possess the following qualifications before he/she shall take office:
1. 
He/she must be a licensed attorney, qualified to practice law within the State of Missouri.
2. 
He/she need not be a resident of the City of Normandy.
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.
[R.O. 2012 §140.070; Ord. No. 65 §§1 — 2, 12-12-1978]
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.
[R.O. 2012 §140.080; Ord. No. 65 §§1 — 2, 12-12-1978]
The Municipal Judge 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.
[R.O. 2012 §140.090; Ord. No. 65 §§1 — 2, 12-12-1978]
A. 
The Municipal Judge shall be and is hereby authorized to:
1. 
Establish a Violations Bureau as provided for in the Missouri Rules of Practice and Procedure in Municipal and Traffic Courts and Section 479.050, RSMo.
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 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.
[R.O. 2012 §140.100; CC 1975 §16-4]
The Chief of Police shall serve or, by roster or otherwise, may designate a Police Officer to serve, as Bailiff of the Municipal Court. The Bailiff shall attend all sessions of the Court, unless excused by the Municipal Judge; and he/she shall preserve order in the courtroom and the immediate vicinity thereof, and execute all orders and process directed to him/her by the Municipal Judge.
[R.O. 2012 §140.110; CC 1975 §16-5; Ord. No. 221 §§5 — 6; Ord. No. 362 §5]
The City, at its expense, shall furnish a suitable place to hold Court, procure a suitable docket and necessary forms, and make available such additional sums of money that may be needed by the Municipal Judge to meet the requirements as set forth by the rules of Court and the Revised Statutes of Missouri.
[R.O. 2012 §140.120; CC 1975 §16-6; Ord. No. 221 §7]
The rules of practice and procedure of the Municipal Court shall be those promulgated by the State Supreme Court setting forth certain rules of practice and procedure in Municipal and Traffic Courts; and the Municipal Judge may promulgate such additional rules of administration, consistent with the Revised Statutes of Missouri and the rules of the State Supreme Court, as he/she may from time to time deem necessary.
[R.O. 2012 §140.130; CC 1975 §16-7; Ord. No. 221 §5]
For each case, the Municipal Judge shall state in his/her docket the style of the case, which shall be the "City of Normandy against ________________," the name of the prosecuting witness, the nature and character of the offense, the date of the trial, the names of all witnesses sworn and examined, the finding of the Court, the judgment of fine and cost, the date of payment, the date of issuing commitment, if any, and every other fact necessary to show the full proceeding in each case.
[R.O. 2012 §370.005; Ord. No. 58 §2, 11-14-1978]
A. 
There is hereby established a Violations Bureau of the City of Normandy to assist the Municipal Court in the clerical work of traffic cases. The Court Clerk shall have charge of such Bureau and it shall be open at such hours as the Municipal Judge shall designate.
B. 
The Municipal Judge of the Municipal Court shall designate specified offenses under this Traffic Code and the State Traffic Laws in accordance with Supreme Court Rule No. 37.49 in respect of which payments of fines may be accepted by the Violations Bureau in satisfaction thereof, and shall specify suitable schedules of the amount of such fines for first (1st), second (2nd) and subsequent offenses, provided that such fines are within the limits declared by law or ordinance and shall further specify what number of such offenses shall require appearance before the court.
[R.O. 2012 §370.010; Ord. No. 58 §1, 11-14-1978]
A. 
Any person charged with an offense for which payment of a fine may be made to the Violations Bureau shall have the option of paying such fine within the time specified in the notice of arrest at the Violations Bureau upon entering a plea of guilty and upon waiving appearance in court; or may have the option of depositing required lawful bail, and upon a plea of not guilty shall be entitled to a trial as authorized by law.
B. 
The payment of a fine to the Bureau shall be deemed an acknowledgement of conviction of the alleged offense, and the Bureau, upon accepting the prescribed fine, shall issue a receipt to the violator acknowledging payment thereof.
[R.O. 2012 §140.150; Ord. No. 65 §§1 — 2, 12-12-1978]
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 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.
[R.O. 2012 §140.155; Ord. No. 616 §1, 5-4-2010]
A. 
Search Warrant Defined — Who May Issue, Execute.
1. 
An "administrative search warrant" is a written order of the Municipal Judge permitting the entry of City Officials on or into private property, structure or improvement to enforce the City's housing, zoning, health and safety regulations when government entry on or into such property is otherwise authorized by Missouri law. A warrant may issue only in conformance with this Section and only for the enforcement of the City's housing, zoning, health and safety regulations, specifically:
a. 
To inspect private property to determine or prove the existence of physical conditions in violation of a specified regulation,
b. 
To seize property or photograph, copy or record evidence of property or physical conditions found thereon or therein, and
c. 
To abate such physical conditions.
2. 
The Municipal Judge having original and exclusive jurisdiction to determine violations against the ordinances of the municipality may issue an administrative warrant when:
a. 
The property to be entered is located within the City, and
b. 
The owner or occupant of the property or place to be entered:
(1) 
Has refused to allow same after official request by the City, or
(2) 
Is not available, after reasonable investigation and effort, to consent to such search or inspection.
3. 
Any such warrant shall be directed to the Chief of Police or any other Police Officer of the City and shall be executed by the Chief of Police or said Police Officer, in conjunction with the Code Enforcement Officer or other appropriate City Official, within the City limits and not elsewhere.
4. 
Any such warrant shall not permit the entry of City Officials into the residence or any accessory building of the property to be searched, inspected or entered upon.
B. 
Who May Apply For Warrant — Contents Of Application.
1. 
Any Code Enforcement Officer, Police Officer or attorney of the City may make application to the Municipal Judge for the issuance of an administrative 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 or places to be entered, searched, inspected or seized in sufficient detail and particularity that the officer executing the warrant can readily ascertain it;
d. 
State that the owner or occupant of the property or places to be entered, searched, inspected or seized:
(1) 
Has been requested by the City to allow such action and has refused to allow such action, or
(2) 
Is not available, after reasonable investigation and effort, to consent to such search or inspection.
e. 
State facts sufficient to show probable cause for the issuance of a search warrant, as provided in Subsection (C) of this Section, to:
(1) 
Search or inspect for violations of an ordinance or Code Section specified in the application, or
(2) 
Show that entry or seizure is authorized and necessary to enforce an ordinance or Code Section specified in the application and/or abate an ordinance violation and that due process has been afforded prior to the entry or seizure.
f. 
Be verified by the oath or affirmation of the applicant; and
g. 
Be signed by the applicant and filed in the Municipal Court.
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 property or place to be searched or inspected. Oral testimony shall not be considered.
4. 
The application may be submitted by hand delivery, mail or facsimile or other electronic means.
C. 
Determination Of Probable Cause — Issuance — Contents Of Warrant — Execution And Return.
1. 
Determination of probable cause/issuance.
a. 
The Municipal Judge shall determine whether probable cause exists to inspect or search for the purposes noted herein.
b. 
In doing so the Municipal Judge shall determine whether the action to be taken by the City is reasonable in light of the facts stated. The Municipal Judge shall consider the goals of the ordinance or Code Section sought to be enforced and such other factors as may be appropriate including, but not limited to, the physical condition of the specified property, the age and nature of the property, the condition of the area in which the property is located, the known violation of any relevant City ordinance or Code Section, the passage of time since the property's last inspection and the authority authorizing government entry onto private property. The standard for issuing a warrant need not be limited to actual knowledge of an existing violation of a City ordinance or Code Section.
c. 
If it appears from the application and any supporting affidavit that there is probable cause to inspect or search the private property for the enforcement of the City's housing, zoning, health and safety regulations, a search warrant shall immediately be issued.
d. 
The warrant shall issue in the form of an original and two (2) copies and the application, any supporting affidavit and one (1) copy of the warrant as issued shall be retained in the records of the Municipal Court.
e. 
A search warrant shall expire if it is not executed within ten (10) days after the date of the making of the application.
2. 
Contents of search warrant. The search warrant shall:
a. 
Be in writing and in the name of the City;
b. 
Be directed to any Police Officer in the City;
c. 
State the time and date the warrant was issued;
d. 
Identify the property or places to be searched, inspected or entered upon in sufficient detail and particularity so that the officer executing the warrant can readily ascertain it;
e. 
Identify the regulation sought to be enforced;
f. 
Command that the described property or places be entered upon for one (1) or more specified enforcement purposes as provided herein, including inspection or abatement;
g. 
Direct that any evidence of any suspected ordinance violations be seized, recorded or photographed and a description of such property be returned, within ten (10) days after issuance of the warrant to the Clerk of the Municipal Court, to be dealt with according to law;
h. 
Be signed by the judge, with his or her title of office indicated.
3. 
Execution. A search warrant issued under this Article shall be executed only by a City Police Officer, provided however, that one (1) or more designated City Officials may accompany the officer and the warrant shall be executed in the following manner:
a. 
Copies of the warrant shall be given to the officer executing the warrant. Copies may be transmitted by hand delivery, mail or by facsimile or other electronic means.
b. 
The warrant shall be executed by conducting the search, inspection, entry, abatement or seizure as commanded and shall be executed as soon as practicable and in a reasonable manner but in no less than ten (10) days after issuance of the warrant.
c. 
The officer may summon as many persons as he or she deems necessary to assist him or her in executing the warrant and such persons shall not be held liable as a result of any illegality of the search and seizure.
d. 
The officer shall give the owner or occupant of the property searched, inspected or entered upon a copy of the warrant or shall leave a copy of the warrant at the property if the owner or occupant is not available.
e. 
In the event that a warrant authorizes abatement of a nuisance or other conditions, the Police Officer is not required to stay on the property during the entire length of time that it takes for the abatement to be completed.
4. 
Itemized receipt/disposition of seized property.
a. 
If any property is seized incident to the search or abatement, the officer shall give the person from whose possession it was taken, if the person is present, an itemized receipt for the property taken. If no such person is present, the officer shall leave the receipt at the site of the search or abatement in a conspicuous place.
b. 
A copy of the itemized receipt of any property taken shall be delivered to an attorney for the City within two (2) working days of the search.
c. 
The disposition of property seized pursuant to a warrant under this Section shall be in accordance with an applicable City ordinance or Code Section, but in the absence of same, then with Section 542.301, RSMo.
5. 
Return required after execution of search warrant.
a. 
After execution of the search warrant, the warrant, with a return thereon signed by the officer making the search, shall be delivered to the Municipal Court.
b. 
The return shall show the date and manner of execution and the name of the possessor and of the owner, when not the same person, if known, of the property or places searched or seized.
c. 
The return shall be accompanied by any photographs, copies or recordings made and by any property seized, along with a copy of the itemized receipt of such property required by this Section; provided however, that seized property may be disposed of as provided herein and in such a case a description of the property seized shall accompany the return.
d. 
The Court Clerk, upon request, shall deliver a copy of the return to the possessor and the owner, when not the same person, of the property searched or seized.
D. 
Warrant Invalid, When.
1. 
A search warrant shall be deemed invalid:
a. 
If it was not issued by the Municipal Judge;
b. 
If it was issued without a written application having been filed and verified;
c. 
If it was issued without sufficient probable cause in light of the goals of the ordinance to be enforced and such other factors as provided in Subsection (C) hereof;
d. 
If it was not issued with respect to property or places in the City;
e. 
If it does not describe the property or places to be searched, inspected, entered upon or seized with sufficient certainty;
f. 
If it is not signed by the judge who issued it; or
g. 
If it was not executed within ten (10) days after the date of the issuance of the warrant.
2. 
An officer making a search pursuant to an invalid warrant, the invalidity of which is not apparent on its face, may use such force as he or she would be justified in using if the warrant were valid.
[R.O. 2012 §140.160; Ord. No. 65 §§1 — 2, 12-12-1978]
The Chief of Police, or other Police Officer of the City may, 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.
[R.O. 2012 §140.170; Ord. No. 65 §§1 — 2, 12-12-1978]
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. An application for a trial de novo shall be filed in such form and perfected in such manner as provided by law.
[R.O. 2012 §140.180; Ord. No. 65 §§1 — 2, 12-12-1978]
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 any 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.
[R.O. 2012 §140.190; Ord. No. 65 §§1 — 2, 12-12-1978]
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 a 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 577.023, RSMo., or has had two (2) or more previous alcohol-related enforcement contacts as defined in Section 302.525, RSMo.
[R.O. 2012 §140.210]
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:
1. 
Restitution to the victim or any dependent of the victim, in an amount to be determined by the Judge; and
2. 
The performance of a designated amount of free work for a public or charitable purpose, or purposes, as determined by the Judge.
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.
[R.O. 2012 §140.220; Ord. No. 65 §§1 — 2, 12-12-1978]
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 in such form and perfected in such manner as provided by law.
[R.O. 2012 §140.230; Ord. No. 65 §§1 — 2, 12-12-1978]
In all cases in which a jury trial has been demanded, a record of the proceedings shall be made, and appeals may be had upon that record to the appropriate Appellate Court.
[R.O. 2012 §140.240; Ord. No. 65 §§1 — 2, 12-12-1978]
In the case of a breach of any recognizance entered into before a 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 municipality 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 a 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 Municipal Treasury to the General Revenue Fund of the municipality.
[R.O. 2012 §140.250; Ord. No. 65 §§1 — 2, 12-12-1978]
A Municipal Judge shall be disqualified to hear any case in which he/she is in anywise interested, or, if before the trial is commenced the defendant or the prosecutor files an affidavit that the defendant or the municipality, 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 municipality shall be entitled to file more than one (1) affidavit or disqualification in the same case.
[R.O. 2012 §140.270; Ord. No. 65 §§1 — 2, 12-12-1978]
A. 
The duties of said Clerk of the Municipal Court 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 Violations Bureau cases or as directed by the Municipal Judge; generally act as Violations Clerk of the 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 which shall constitute prima facia evidence of such ordinance before the Court. Further, to maintain a similar certified copy on file with the Clerk serving the Circuit Court of this County.
[R.O. 2012 §140.280; Ord. No. 411 §2, 4-8-1997; Ord. No. 448 §1, 12-7-1999; Ord. No. 494 §1, 10-2-2001; Ord. No. 506 §§1 — 2, 11-5-2002; Ord. No. 636 §1, 3-1-2011; Ord. No. 670 §1, 5-5-2014; Ord. No. 680 §1, 3-3-2015]
A. 
In addition to any fine that may be imposed by the Municipal Judge, there shall be assessed as costs in all cases as follows:
1. 
Costs of Court in the amount of twelve dollars ($12.00) in all cases.
2. 
There shall be assessed to each defendant who pleads guilty, or is found guilty, an additional Court cost in the amount of three dollars ($3.00) for the Police Officer Standards and Training Commission Fund, except as set forth herein.
a. 
Provided that no such fee shall be collected for violations of fish and game regulations; and
b. 
Provided that no such fee shall be collected in any proceeding in any Court when the proceeding or defendant has been dismissed by the Court.
Two dollars ($2.00) of the three dollars ($3.00) shall be transmitted monthly to the Treasurer of the City, to be used locally for training Law Enforcement Officers.
One dollar ($1.00) of the three dollars ($3.00) shall be deposited into the Peace Officer Standards and Training Commission Fund, to be used statewide for the training of Law Enforcement Officers. Check should be made payable to the "Treasurer of the State of Missouri," on or before the 15th day of each month.
3. 
There shall be assessed to each defendant who pleads guilty, or is found guilty, an additional Court cost for the Domestic Violence Fund in the amount of two dollars ($2.00) which may be waived by the Court if the Judge finds the defendant indigent and unable to pay such cost. Such cost shall be collected by the Clerk of the Court and disbursed by the Council for the purpose of providing operating expenses for shelters for battered persons, as defined in Sections 455.200 to 455.230, RSMo.
4. 
There shall be assessed to each defendant who pleads guilty, or is found guilty, in each case filed in the City of Normandy Municipal Court, for violation of any ordinance of this City, an additional surcharge for the Crime Victims' Compensation Fund, in the amount of seven dollars and fifty cents ($7.50), provided that no such fee shall be collected in any proceeding when the proceeding or the defendant has been dismissed by this Court. Such surcharge shall be collected by the Clerk of the Court. All sums collected pursuant to this Subsection shall be distributed as follows:
a. 
Ninety-five percent (95%) of such sums shall be forwarded to the State of Missouri for deposit to the Crime Victims' Compensation Fund as provided in Section 595.045, RSMo.
b. 
Five percent (5%) of such sums shall be paid to the City Treasury.
5. 
A Judicial Education Fund and an Appointed Counsel Fund are both hereby established. A fee of one dollar ($1.00) pursuant to the provisions of Section 479.260, RSMo., shall be collected in all cases, except where the proceeding is dismissed by the Court or when the costs are to be paid by the City. All fees collected pursuant to this Subsection shall be transmitted monthly to the Treasurer of the City and shall be allocated between the Judicial Education Fund and the Appointed Counsel Fund in a manner determined by the Municipal Court.
a. 
All funds collected pursuant to this Subsection and retained in the Judicial Education Fund shall be used only to pay for:
(1) 
The continuing education and certification required of the Municipal Judges by law or Supreme Court Rule; and
b. 
Judicial education and training for the Court Administrator and Clerks of the Municipal Court; and the Municipal Court shall not retain more than one thousand five hundred dollars ($1,500.00) in the Judicial Education Fund for each Judge, Administrator or Clerk of the Municipal Court. Any excess funds shall be transmitted quarterly to the General Revenue Fund of the City's Treasury.
All funds collected pursuant to this Subsection and retained in the Appointed Counsel Fund shall be used only to pay the reasonable fees approved by the Court for the appointment of an attorney to represent any defendant found by the Judge to be indigent and unable to pay for legal representation, and where the Supreme Court Rules or the law prescribes such appointment. The Municipal Court shall not retain more than five thousand dollars ($5,000.00) in the Appointed Counsel Fund. Any excess funds shall be transmitted quarterly to the General Revenue Fund of the City's Treasury.
6. 
A fee of two dollars ($2.00) pursuant to Section 488.5026, RSMo., in all cases except where the proceeding is dismissed by the Court, in order to develop and maintain biometric identification systems and for other prisoner expenses. All fees collected pursuant to this Subsection shall be transmitted monthly to the Finance Director of the City of Normandy, who shall deposit funds generated by the surcharge into the Inmate Prisoner Detainee Security Fund.
7. 
There shall be assessed as costs a surcharge in the amount of one hundred dollars ($100.00) on all petitions for expungement filed under the provisions of Section 610.140, RSMo., in the Municipal Court. Such surcharge shall be collected and disbursed by the Clerk of the Court as provided by Sections 488.010 to 488.020, RSMo. Moneys collected from this surcharge shall be payable to the City's General Fund.
8. 
In the event that the General Assembly repeals the statute authorizing the assessment of the costs, fees, miscellaneous charges, or surcharges described in this Section or a contrary rule, order or directive is issued by the Circuit Court or Missouri Supreme Court, the Clerk of the Municipal Division shall cease collecting such costs, fees, miscellaneous charges, or surcharges so affected.
9. 
In the event that a court of competent jurisdiction enters a final judgment that any of the costs, fees, miscellaneous charges, or surcharges described in this Section are unconstitutional, unauthorized, or are not to be assessed on cases filed in the municipal divisions of courts of this state, the Clerk of the Municipal Division shall cease collecting such costs, fees, miscellaneous charges, or surcharges so affected.
[R.O. 2012 §140.290; Ord. No. 65 §§1 — 2, 12-12-1978; Ord. No. 548 §1, 6-7-2005]
A. 
In any case where the prosecuting witness elects not to prosecute an offense after an Information has been filed by the Prosecuting Attorney and executes a "Refusal to Prosecute" form, an administrative fee of thirty dollars ($30.00) shall be charged to the prosecuting witness to defray actual costs incurred by the City in pursuit of the matter at the original behest of the prosecuting witness. The Clerk of the Court shall send notice to the prosecuting witness of the fee and the due date for payment. Failure to make said payment shall be handled in the same manner as failure to pay a fine as set forth in Section 140.300.
B. 
In addition, the costs of any action may be assessed against the prosecuting witness where it appears to the satisfaction of the Municipal Judge that the complaint by the prosecuting witness was made without probable cause or from malicious motives. Judgment shall be rendered against such witness that he/she pay the same and stand committed until the full judgment is paid.
[R.O. 2012 §140.300; Ord. No. 65 §§1 — 2, 12-12-1978]
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.
[R.O. 2012 §140.310; Ord. No. 237 §§1 — 3, 7-30-1985]
A. 
In addition to the forfeiture of any security which may have been given or pledged for the release of any person charged with an offense in the Normandy Municipal Division of the St. Louis County Circuit Court, it shall be unlawful for any person who has been charged with an offense in the Normandy Division of the St. Louis County Circuit Court to willfully fail to appear before such Court as required.
B. 
It shall be unlawful for any person who has been convicted of, plead guilty to or been found guilty of any offense in the Normandy Municipal Division of the St. Louis County Circuit 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.
C. 
Any person violating any of the provisions of this Section shall, upon conviction thereof, be deemed guilty of an ordinance violation and subject to a fine not exceeding five hundred dollars ($500.00), except that the maximum fine permitted in any instance of failing to appear in court as defined in Subsection (A) of this Section shall not exceed the maximum fine permitted for the offense with which the individual had been charged and in respect to which the individual failed to appear, and except that the maximum fine permitted in any instance of the offense of failing to pay a fine, penalty, cost or reimbursement as defined in Subsection (B) of this Section shall not exceed that amount which is equivalent to the total of the fine, penalty, cost and/or reimbursement originally required by the Court. The penalties imposed hereunder shall be in addition to any penalties imposed upon conviction of any other offense and the imposition of a penalty for violation of this Section shall not in any manner diminish the contempt powers of the Court.
[R.O. 2012 §140.320; Ord. No. 236 §1, 7-30-1985]
A. 
Every person who shall be committed to any jail or detention facility by lawful authority of the Normandy Municipal Division of the St. Louis County Circuit Court, either before or after trial or conclusion of the proceedings against such person, if he/she shall be convicted, shall bear the expense of carrying him/her to such jail or detention facility and also his/her support while in such jail or detention facility before he/she shall be discharged.
B. 
The property of such persons so committed and convicted shall be subjected to the payment of such expenses and, shall be bound therefor, from the time of his/her commitment, and may be levied on or sold, from time to time, under the order of the Normandy Municipal Division of the St. Louis County Circuit Court, to satisfy such expense.
[R.O. 2012 §140.330; Ord. No. 157 §1, 6-8-1982]
The City Counselor or his/her representative, when he/she is satisfied that a complaint or information of a violation of an ordinance is made for vexatious or without just cause, may, before commencing any proceedings, require the complainant or informant to deposit with the Clerk double the amount of costs that will in his/her judgment accrue in the suit, and the City Court Judge may, at any time, after the filing of a statement by the City Counselor or his/her representative, upon motion of the defendant, require the deposit of costs aforesaid. This Section shall not apply to any report, complaint or information made by any officer of the City in discharge of his/her duty.
[R.O. 2012 §140.340; CC 1975 §16-18]
A. 
In determining whether the defendant is unable to pay such fine or costs forthwith, the Court may require such defendant to file a petition, under oath, with the Court, upon a form provided by the Court, setting forth the financial condition of the defendant.
B. 
Such form shall be a questionnaire, and shall include, but shall not be limited to:
1. 
The name and residence of the defendant;
2. 
His/her occupation, if any;
3. 
His/her family status and the number of persons dependent upon him/her;
4. 
His/her monthly income;
5. 
Whether or not his/her dependents are employed and, if so, their approximate monthly income;
6. 
His/her banking accounts, if any;
7. 
Real estate owned by the defendant, or any interest he/she may have in real estate;
8. 
Income produced therefrom;
9. 
Any independent income accruing to the defendant;
10. 
Tangible and intangible personal property owned by the defendant, or in which he/she may have an interest; and
11. 
A statement listing the approximate indebtedness of the defendant to other persons.
Such form shall also include a payment plan of the defendant, if the Court should exercise its discretion in permitting the payment of such fine and costs in installments or other conditions to be fixed by the Court.
At the end of such form there shall be printed in bold face type, in a distinctive color, the following:
"THIS STATEMENT IS MADE UNDER OATH. ANY FALSE STATEMENT OF A MATERIAL FACT TO ANY QUESTION CONTAINED HEREIN SHALL CONSTITUTE FALSE SWEARING. THE MAXIMUM PENALTY FOR FALSE SWEARING HEREUNDER IS NINETY (90) DAYS' IMPRISONMENT."
A copy of the petition shall be retained by the defendant.
C. 
If the defendant is unable to read or write, the Court or the Clerk may assist the defendant in completing the petition and require him/her to affix his/her mark thereto. The consequences of the making of a false statement shall be explained to such defendant.
[R.O. 2012 §140.350; CC 1975 §16-19]
If a defendant is sentenced to pay a fine or costs and payment of the fine or fine and costs is ordered to be made on an installment basis or on other conditions under the provisions of Section 140.290, and if the defendant is also placed on probation or imposition or the execution of sentence is suspended, the Court may make payment of the fine or fine and costs a condition of probation or suspension of sentence.
[R.O. 2012 §140.360; CC 1975 §16-20]
If a defendant is permitted to pay a fine or fine and costs on an installment basis, or under such other conditions as the Court shall fix under the provisions of Section 140.290, the Court may require as a condition that the defendant be of peace and good behavior until the fine and costs are paid.
[R.O. 2012 §140.370; CC 1975 §16-21]
When any person sentenced to pay a fine or costs defaults in the payment of any such fine or costs or of any installment thereof, the Court may issue a summons for such person to appear before the Court for a hearing on the question of whether such person's failure to pay the fine or costs or any installment was attributable to intentional refusal to comply with the prior order of the Court or to a lack of a good faith effort to comply therewith. The Court may, after hearing, order that the person in default be allowed additional time for payment, may reduce or remit the amount of the fine or the unpaid portion thereof in whole or in part, or upon a finding that the default was intentional or due to the lack of a good faith effort to comply with the prior order of the Court, may order such person confined for such period up to ninety (90) days as the Court in its discretion shall determine.