Cross references — Administration, Ch. 2; Department of Law, § 2-151 et seq; Department of Law to prosecute or defend any and all suits or actions at law or equity to which the City may be a party, § 2-152; discrimination, Ch. 9; elections, Ch. 10; motor vehicles and traffic, Ch. 18; nuisances, Ch. 20; prosecution of persons refusing to remove or abate nuisances, § 20-7; offenses and miscellaneous provisions, Ch. 21; attempting to commit a crime, § 21-6; police, Ch. 24.
State law reference — Municipal Courts, RSMo. § 479.010 et seq.
[Ord. No. 93, § 1, 6-1-1988]
There is hereby established a Municipal Court which shall consist of a Municipal Judge, Court Clerk, and such other nonjudicial personnel as may be required for the proper functioning of the Municipal Division and the City shall provide a suitable courtroom in which to hold court.
[Ord. No. 93, § 2, 6-1-1988]
The Municipal Court shall be responsible for the regular hearing and determination of municipal ordinance violation cases of the City of Chesterfield and shall be operated in accordance with rules of the Supreme Court and rules of the Circuit Court.
[Ord. No. 93, § 3, 6-1-1988]
The Municipal Judge shall be a conservator of the peace. The judge shall keep a docket in which he shall enter every case commenced before him and the proceeding therein and he shall keep such other records as required. Such docket and records shall be records of the Circuit Court.
The Municipal Judge shall have the power to administer oaths and enforce due obedience to all orders, rules and judgments made by him and may fine or imprison for contempt committed before such judge while holding court, in the same manner and to the same extent as a Circuit Judge.
[Ord. No. 93, § 4, 6-1-1988]
The Municipal Court shall be convened at least two (2) times each month and at such other times as the Municipal Judge may direct.
[Ord. No. 95, §§ 1 — 8, 6-1-1988]
Court Clerk; appointment. The City Administrator, with the consent of the City Council, shall appoint a Municipal Court Clerk. The term of the Municipal Court Clerk shall continue from the date of appointment for an indefinite period of time or until his employment is terminated by the City Administrator with the approval and consent of the City Council.
Court Clerk duties. The Municipal Court Clerk shall, among other duties, prepare and post or supervise the preparation of the permanent docket book for all traffic and other misdemeanors handled in the Municipal Court. He shall safely and properly keep all journals, records, books and documents belonging or pertaining to the Municipal Court.
The Municipal Court Clerk shall attend court sessions to record events, receive monies and schedule reappearances and accept affidavits and appeal bonds for cases appealed from Municipal Court. He shall, whenever required, receive and issue receipts for all monies paid to the Municipal Court and transmit all monies to the City of Chesterfield.
The Municipal Court Clerk shall have custody of Missouri uniform traffic and illegal parking tickets and shall issue to Police Officers and maintain records of the same. He shall receive traffic tickets issued by Police Officers; record and process same for the Municipal Court and when required, collect fines and report convictions to the State of Missouri.
Compensation of Court Clerk. Compensation for the Municipal Court Clerk shall be determined by his initial placement in the City's Compensation Classification Pay Plan and subsequently by annual performance evaluations.
Assistants. The City Administrator may appoint clerical assistants for the Court Clerk; such positions shall be authorized by the City Council.
When Court Clerk absent. During any period in which the City of Chesterfield is without a Municipal Court Clerk or Deputy Court Clerk, the City Administrator shall have the responsibility to assign the Court Clerk's duties to the employee(s) of his choice.
Deputy Court Clerk; appointment. The City Administrator, may as is necessary appoint a Deputy Court Clerk to act for and on behalf of the Court Clerk if the Court Clerk is unavailable.
Duration of appointments. The duration of appointments shall be for an appropriate period of time for the performance and function of each office.
Appointments to come from existing employees; compensation. The appointment shall come from existing City employees and no additional compensation shall result from the appointment unless authorized by the City Council.
State law reference — Clerks of court, RSMo. § 483.241.
[Ord. No. 35, § 2, 6-1-1988]
The Municipal Court shall establish a Traffic Violations Bureau to assist the court with the clerical work of traffic cases. The Bureau shall be in charge of such person or persons and shall be open at such hours as the Municipal Judge may designate.
The judge of the Municipal Court who hears traffic cases shall designate the specified offenses under this law or under the traffic ordinances of the City and State traffic laws in accordance with Supreme Court Rule Number 37.50 in respect to which payments of fines may be accepted by the Traffic Violations Bureau in satisfaction thereof, and shall specify suitable schedules the amount of such fines for first, second and subsequent offenses, provided 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.
[Ord. No. 96, § 1, 2, 6-1-1988; Ord. No. 1043, §§ 1, 2, 6-19-1995; Ord. No. 1295, § 1, 8-18-1997; Ord. No. 2474, §§ 1, 2, 8-4-2008]
The City shall collect court costs for all matters in the Municipal Court in the amount of twelve dollars ($12.00).
A fee of up to two dollars ($2.00) may be assessed as costs in each court proceeding filed in the Municipal Court for violations of municipal ordinances provided no fee shall be collected in those cases in which the violation is dismissed or costs are to be paid by the State, County, or municipality. Such fee shall be collected by the Clerk of the Municipal Court and shall be transmitted monthly to the treasurer of the City and shall be kept in a separate fund for the training of peace officers or for the training of other law enforcement officers employed or appointed by the City.
The Municipal Court is hereby authorized, pursuant to RSMo. 479.261, to assess an additional court cost for each municipal ordinance violation filed before the Municipal Division of the City of Chesterfield of an amount not to exceed one dollar ($1.00) per case. Such additional costs may be waived by the Municipal Court if the Judge finds the defendant indigent and unable to pay such cost.
An additional two-dollar ($2.00) surcharge shall be assessed and added to the basic Court costs in this section for the Inmate Security Fund. Such surcharge collected shall be transmitted to the City Treasurer for deposit into the "Inmate Security Fund" which is hereby created. No such surcharge shall be collected in any proceeding when the proceeding or defendant has been dismissed by the Court or when costs are to be paid by the State, County or City. Funds deposited shall be utilized to develop a biometric verification system as provided by RSMo. 488.5026. Upon the installation of the biometric verification system, funds in the Inmate Security Fund may be used for the maintenance of the biometric verification system and to pay for any expenses related to the custody, housing or other expenses of prisoners.
There shall be assessed to each defendant who pleads guilty or is found guilty in every court case for violation of a municipal ordinance an additional surcharge in the amount of seven dollars ($7.00), except that no such surcharge shall be collected in any proceeding when the proceeding or defendant has been dismissed by the Court or when the costs are to be paid by the City. Moneys collected by the Municipal Court Clerk pursuant to this subsection shall be disbursed as provided in Sections 488.015 to 488.020, RSMo., and shall be payable to the Director of Revenue, who shall deposit all amounts collected pursuant to this section to the credit of the statewide court automation fund, as established in Section 476.055, RSMo.
[Ord. No. 3032, 1-23-2019]
The cost as assessed shall be collected by the Clerk of the Court and disbursed by the City Council for the purpose of providing operating expenses for shelters for battered persons located in St. Louis County in accordance with the directions of the City Council per Resolution.
[Ord. No. 97, § 1, 6-1-1988]
It shall be unlawful for any person to fail to appear at the proper time and plea or answer a charge against him in the Municipal Court upon being first duly summoned.
[Ord. No. 98, § 1, 6-1-1988]
In all cases where the same offense may be made punishable or shall be created by different clauses or sections of the ordinances of the City, the prosecuting officer may elect under which to proceed; but not more than one recovery shall be had against the same person for the same offense.
[Ord. No. 238, §§ 1 — 4, 2-6-1989; Ord. No. 283 § 2 — 5, 5-1-1989; Ord. No. 2870 §§ 1 — 6, 10-19-2015]
The Municipal Judge for the City of Chesterfield or the person performing the duties of the Municipal Judge may order any person who (a) has been convicted, or (b) has received a suspended imposition of sentence for violating an ordinance of the City of Chesterfield, whether the original punishment be by fine or imprisonment or both, to perform alternative community service, as defined in this Section, as a condition of probation or in lieu of a fine or imprisonment, or both.
Alternative community service may consist of:
Service on the public streets, highways and alleys or other public works or buildings or public grounds of the City of Chesterfield, and/or
Such other service for a charitable, religious or educational organization or entity as may be approved and authorized by the Municipal Judge for the City of Chesterfield or authorized by resolution of the City Council.
The service performed pursuant to Subsection (A) and/or (B) herein above shall be performed without compensation to the defendant for such service.
If the alternative community service determined by the Municipal Judge for the City of Chesterfield is pursuant to Subsection (A) herein above, the Chief of Police, City Engineer, Street Commissioner or other officer of the City of Chesterfield, as may be authorized by resolution of the City Council, is hereby authorized, empowered and directed to assign work to and supervise all persons ordered to perform alternative community service by the Municipal Judge.
The Municipal Judge may determine the number of hours of alternative community service that a person shall perform under this Section.
The authority granted in this Section shall be subject to the provisions of Section 559.021 of the Revised Statutes of the State of Missouri.
State law reference — Authority of City to cause prisoners to labor on public works, RSMo. § 71.220.
[Ord. No. 844, §§ 1, 2, 10-18-1993; Ord. No. 1294, §§ 1, 2, 8-18-1997]
In addition to any fine or other costs that may be imposed by the Municipal Judge, there shall be assessed as court costs in all cases, the sum of two dollars ($2.00) for the training of peace officers or for the training of other law enforcement employed or appointed by the City.
An additional one dollar ($1.00) shall be assessed as costs in all cases unless the defendant or case is dismissed. This fee shall become effective on July 1, 1997, and shall be deposited with the Treasurer of the State in the Peace Officers Standards and Training Commission Fund for training of peace officers.
[Ord. No. 889, §§ 1 — 5, 3-21-1994]
There is hereby created the position of Municipal Court Bailiff. The Municipal Court Bailiff shall be appointed by the Mayor with the approval of the City Council.
The Mayor's appointment shall be pursuant to a term, as directed by the Mayor, not to exceed four (4) years of until the successor has been appointed.
Compensation shall be set by the City Council through the normal budgetary process.
The Municipal Court Bailiff shall be a Missouri State Certified Police Officer and may be a peace officer serving Chesterfield or another jurisdiction in another capacity.
The duties of the Municipal Court Bailiff shall be as assigned by the Municipal Judge of the City of Chesterfield. The Municipal Judge shall have the authority to recommend the termination or suspension of such Municipal Court Bailiff with the approval of the City Council.
[Ord. No. 1111, §§ 1, 2, 11-20-1995; Ord. No. 1573, § 1, 11-15-1999]
The Municipal Court is hereby authorized, pursuant to RSMo. 479.261, to assess an additional court cost for each municipal violation filed before the Municipal Division of the City of Chesterfield of an amount not to exceed two dollars ($2.00) per case. Such additional costs may be waived by the Municipal Court if the Judge finds the defendant indigent and unable to pay such cost.
The cost as assessed herein shall be collected by the Clerk of Court and disbursed by the City Council for the purpose of operating expenses for shelters for battered persons located in St. Louis County in accordance with the directions of the City Council per Resolution.
[Ord. No. 1809, §§ 1 — 3, 1-7-2001]
[Authority.] The Chesterfield Municipal Court is hereby authorized to collect, pursuant to the Missouri General Assembly's authorization, costs which are assessed for the Crime Victims Compensation Fund; the Spinal Cord Injury Fund as well as, for the discretionary amounts set forth in the training of law enforcement officers and shelters for battered persons to the maximum extent as authorized by State Law.
[Increases.] At such time as the Missouri General Assembly shall amend any court surcharge to be assessed by the courts of the State of Missouri, to include the municipal courts, such increase shall automatically apply to the court costs of the City of Chesterfield at such time as the State Statute becomes effective, without further action by the City Council of the City of Chesterfield.
[Costs enumerated.] Specifically and without limiting any other fine that may be imposed by the Municipal Judge of the City of Chesterfield, there shall be assessed as court costs the following:
There shall be assessed to each defendant who pleads guilty, or is found guilty, in each case filed in the City of Chesterfield 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 Court. All sums collected pursuant to this Subsection shall be distributed as follows:
Any person who is convicted of driving while intoxicated, driving with an excessive blood alcohol content or driving under the influence of alcohol or drugs, when the defendant is represented by or has waived the right to an attorney, shall have a judgment entered against the defendant in favor of the Spinal Cord Injury Fund, in the amount of twenty-five dollars ($25.00). The judgments collected pursuant to this section shall be paid into the State Treasury to the credit of the Spinal Cord Injury Fund created pursuant to RSMo. 304.027.
Editor's Note: Ord. No. 1809, §§ 1 — 3, adopted Jan. 7, 2001, was not specifically amendatory of the Code, hence; inclusion as § 9-14 was at the editor's discretion.
[Ord. No. 2655 §§ 1 — 6, 6-20-2011]
As used in this Code, the term "construction zone" or "work zone" means the area upon or around a public right of way, highway, street, or road within the City of Chesterfield which is visibly marked by the Missouri Department of Transportation (MODOT), St. Louis County, and/or the City of Chesterfield, or a contractor working for MODOT, St. Louis County, and/or the City of Chesterfield as an area where construction, maintenance, or other work is temporarily occurring. The limits of a "construction zone" or "work zone" shall extend from the first warning sign, cone, barricade, or high intensity rotating, flashing or strobe light on a vehicle to the last warning device in place beyond where the work is occurring. The term "construction zone" or "work zone" also includes the lanes of a roadway leading up to the area upon which an activity described in this subsection is being performed, beginning at the point where appropriate signs directing motor vehicles to merge from one lane into another lane are posted.
Compliance with work zone speed limit. The driver of a motor vehicle shall comply with all permanent and temporary traffic control devices and may not exceed a posted "construction zone" or "work zone" speed limit while traveling within a "construction zone" or "work zone".
No passing in multi-lane work zone. The driver of a motor vehicle may not overtake or pass another motor vehicle within a "construction zone" or "work zone". This section applies to a "construction zone" or "work zone" located upon a highway divided into two or more marked lanes for traffic moving in the same direction and for which motor vehicles are instructed to merge from one lane into another lane by an appropriate sign erected by MODOT, St. Louis County, and/or the City of Chesterfield, or a contractor performing work for MODOT, St. Louis County, and/or the City of Chesterfield. Violation of this section is a misdemeanor.
Increased penalty for a moving traffic violation. Upon a conviction or a plea of guilty by any person for any moving traffic violation established by the City of Chesterfield Code of Ordinances, the court shall assess a fine of thirty-five dollars ($35.00) in addition to any other fine authorized to be imposed by law, if the offense occurred within a "construction zone" or "work zone".
Increased penalty for speeding or passing in a work zone. Upon a conviction or plea of guilty by any person for a speeding violation pursuant to subsection (b), or a passing violation pursuant to subsection (c), the court shall assess a fine of two hundred fifty dollars ($250.00) in addition to any other fine authorized by law, if the offense occurred within a "construction zone" or a "work zone" and at the time the speeding or passing violation occurred there was any person in such zone who was there to perform duties related to the reason for which the area was designated a "construction zone" or "work zone". However, no person assessed an additional fine pursuant to this section shall also be assessed an additional fine pursuant to Subsection (d), and no person shall be assessed an additional fine pursuant to this section if no signs have been posted pursuant to subsection (f).
$250 fine warning sign required. The penalty authorized by subsection (e) shall only be assessed by the court if MODOT, St. Louis County, and/or the City of Chesterfield, or a contractor performing work for MODOT, St. Louis County, and/or the City of Chesterfield has erected signs upon or around a "construction zone" or "work zone" which are clearly visible from the highway and which state substantially the following message: "Warning: $250 fine for speeding or passing in this work zone when workers are present".
This section shall not be construed to enhance the assessment of court costs or the assessment of points pursuant to section 302.302, RSMo.
[Ord. No. 2984, 2-21-2018]
The ordinance provisions established in this and the following Subsections shall constitute and be designated as the Victim's Bill of Rights of the City of Chesterfield, Missouri, and may be so cited. In order to ensure the fair and compassionate treatment of victims of violations of the ordinances of the City of Chesterfield and to increase the effectiveness of the justice system of the City of Chesterfield, said victims as defined by law shall be entitled to certain basic rights to the extent that these rights do not interfere with the constitutional rights of the accused.
No part of this or any following Subsections shall be construed as creating a cause of action for monetary damages against the State, the City of Chesterfield, or any of the agencies, instrumentalities, or employees thereof.
No part of this or any following Subsections shall be construed to authorize a court to set aside or void a finding of guilt or innocence or an acceptance of a plea of guilty or to set aside any sentence imposed in any criminal case.
- As used in this section, "Defendant" means a person charged with or convicted of violation of the ordinances of the City of Chesterfield.
- PROSECUTING ATTORNEY
- As used in this Section, "Prosecuting Attorney" means the Prosecuting Attorney, an Assistant Prosecuting Attorney, or a Special Prosecuting Attorney for the City of Chesterfield.
- PUBLIC COURT PROCEEDING
- As used in this Section, "public court proceeding" means any court proceeding or administrative hearing which is open to the public and shall include but not be limited to:
- (1) In general. As used in this Section, "victim" shall mean a natural person, or legally recognized entity that suffers direct, proximate or threatened physical, emotional or financial harm as the result of the commission or attempted commission of an ordinance violation.
- (2) Minors and certain other victims. As used in this Section, in the case of a victim who is under eighteen (18) years of age, incompetent, incapacitated, or deceased, the term "victim" also includes the legal guardians of the victim or the representatives of the victim's estate, family members, or any other persons appointed as suitable by the Court, may assume the victim's right under this Section, but in no event shall the defendant be named . as such guardian or representative.
- As used in this Section, "violation" shall mean any violation of a City ordinance committed against another individual or their property.
To be reasonably protected from the accused;
To be treated with courtesy, compassion and with respect for their dignity and privacy, suffering the minimum of necessary inconvenience from their involvement with the municipal court system;
Upon request of the victim, to receive a summary explanation by the Prosecuting Attorney regarding due process and justice system procedures;
Upon request of the victim, to receive an un-redacted copy of the information and all reports and/or video alleging the violation;
Upon request of the victim, to be provided reasonable, accurate, and timely notice of any public court proceeding, unless in the determination of the Court the interests of justice require otherwise;
Upon request of the victim, to be present at public court proceedings;
Upon request of the victim, to be reasonably heard at any public court proceeding involving release, plea sentencing, or any probation revocation hearing, unless in the determination of the Court the interests of justice require otherwise;
Upon written request of the victim and accompanied by supporting documentation, to receive restitution from the defendant for the harm which they have suffered, unless in the determination of the Prosecuting Attorney or Court the interest of justice requires otherwise; and
Upon request of the victim, to request that the Prosecuting Attorney seek a speedy disposition of a case.
Bonds. Subject to the Statutory limitations imposed upon the City of Chesterfield's Municipal Court regarding bond and bail for ordinance violations, the Court may require a bond and impose special bond conditions upon showing that a defendant poses a danger to a victim, the community or any other person.
Procedures of the Prosecuting Attorney. The Office of the Prosecuting Attorney may adopt policies and procedures consistent with this Section.