[1]
State Law Reference: As to certain violations concerning an
accused with special needs, §479.040, RSMo.
The Village of Indian Point hereby elects to have all violations
of its municipal ordinances heard and determined by an Associate Circuit
Judge of the Circuit Court of Stone County, Missouri, the County in
which the Village of Indian Point is located.
The Division of the Circuit Court of Stone County, Missouri,
which hears and determines violations of the ordinances of the Village
of Indian Point shall be known as the "Municipal Division of the Circuit
Court of Stone 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hereby repealed.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 Village of Indian Point, and shall establish such a Bureau
when a request therefor is made by the Board of Trustees of the Village
of Indian Point. 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 Village of Indian
Point, 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 Village of Indian Point. The Village
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 Village 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 Village,
a copy of a Village ordinance which is certified by the Clerk of the
Village 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 Village of Indian Point Municipal Division of
the 39th 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 Village or other official collecting
monies due the Village, and used to pay for Police Officer training
as provided by Sections 590.100 to 590.180, RSMo. The Village shall
not retain for training purposes more than one thousand five hundred
dollars ($1,500.00) of such funds for each certified Police Officer
or candidate for certification employed by the Village. Any excess
funds shall be transmitted quarterly to the Village'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 (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 cost of four dollars ($4.00) 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 surcharge of seven dollars ($7.00) 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 Village by the County Sheriff for
apprehension or confinement in the County Jail or costs assessed against
the Village 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 Village while a defendant is in Village 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(A)(10) hereof.
10.
Reimbursement Of Certain Costs Of Arrest.
a.
Upon a plea or a finding of guilty of violating the provisions of
Section 577.010 or 577.012, RSMo., or any ordinance of the Village
of Indian Point 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 Village 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.
11.
Sheriffs' Retirement Fund. A surcharge of three
dollars ($3.00) shall be assessed and collected payable to the Sheriffs'
Retirement Fund created in Section 57.955, RSMo.
