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.
COURT COSTS
SURCHARGES
Definitions.
The following words and phrases, as used in this Chapter, shall have
the following respective meanings:
The cost, not to exceed twelve dollars ($12.00) as described
in and limited by Section 488.012(6), RSMo., which is assessed to
each defendant who pleads guilty, or is found guilty, in each proceeding
filed in the Municipal Court for the violation of the ordinances of
the City and which is payable to the City.
Amounts payable to the State of Missouri or other entities
or payable to the City for specific designated purposes that are assessed
to each defendant who pleads guilty, or is found guilty, in each proceeding
filed in the Municipal Court for the violation of the ordinances of
the City.
B.
Court
Costs. In addition to any fine that may be imposed by the Municipal
Judge, there shall be assessed Court costs in the amount of twelve
dollars ($12.00) in all cases.
C.
Surcharges.
The following surcharges shall be collected in all cases; provided,
however, that 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 City:
1.
A surcharge in the amount of three dollars ($3.00), described in
Section 488.5336, RSMo., which shall be distributed as follows:
a.
Two dollars ($2.00) of the three dollars ($3.00) shall be transmitted
monthly to the Treasurer of the City to be 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 the three dollars ($3.00) shall be sent to
the State Treasury to the credit of the Peace Officer Standards and
Training Commission Fund created by Section 590.178, RSMo.
2.
A surcharge in the amount of seven dollars and fifty cents ($7.50)
imposed by Section 595.045, RSMo., for purposes of the Crime Victims'
Compensation Fund established by the State of Missouri. 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 as reimbursement
for the costs of collection of such State-imposed charge.
3.
A surcharge in the sum of two dollars ($2.00) authorized by Section
488.607, RSMo., for the purpose of providing operating expenses for
shelters for battered persons, as defined in Sections 455.200 to 455.230,
RSMo. Such cost shall be collected by the Clerk of the Court and disbursed
by the City to such shelters that meet the requirements and qualifications
of Sections 455.200 to 455.230, RSMo.
4.
A surcharge in the sum of two dollars ($2.00) authorized by Section
488.5026, RSMo., which shall be collected by the Clerk of the Court
and deposited into the Inmate Security Fund. All funds within the
Inmate Security Fund shall be utilized to develop, install and maintain
a biometric verification system to ensure that inmates can be properly
identified and tracked within the City's detention system, and to
pay for any expenses related to custody and housing and other expenses
for prisoners, all in accord with Section 488.5026, RSMo.
D.
Miscellaneous
Charges And Reimbursements. The following types of miscellaneous charges
and reimbursements may be imposed by order of the Municipal Judge:
1.
Actual charges assessed against the City by other law enforcement
agencies or correctional facilities for apprehension or confinement
of defendants.
2.
Charges for 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.
3.
Other charges, such as for the issuance of a warrant, a commitment,
or a summons, as provided by the Associate Circuit Judge in criminal
prosecutions.
4.
Other charges, such as for recall of a warrant, imposed by the Municipal
Judge of the City of O'Fallon.
5.
All appeal costs from Municipal Court to the Circuit Court.
6.
Expert witness fees for experts required by the City. "Expert witnesses"
are witnesses who testify relative to matters outside the scope of
general knowledge and possess special skills and knowledge.
E.
Alcohol-
and Drug-Related Traffic Offenses — Reimbursement To The City.
Upon a plea of guilty or a finding of guilty of violating the provisions
of Section 577.010 or 577.012, RSMo., or violations of O'Fallon ordinances
involving alcohol- or drug-related traffic offenses, the Municipal
Court may, in addition to the imposition of any penalties provided
by law, order the defendant to wholly or partially reimburse the O'Fallon
Police Department that made the arrest for the costs associated with
such arrest. Such costs shall include the reasonable cost of making
the arrest, including the cost of any chemical test made under this
Chapter 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.
F.
Judicial
Waiver Of Court Costs And Surcharges. Nothing in this Section shall
be construed to prohibit or limit the authority of the Municipal Judge
to waive Court costs and surcharges in whole or in part.
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.
[R.O. 2004 § 125.072; Ord. No.
09-16 §§ 1 — 2, 5-12-2009]
Upon the first conviction or plea of guilty by any person for
a moving violation, the Court may assess a fine of one hundred dollars
($100.00) in addition to any other fine authorized to be imposed by
ordinance, if the offense occurred within a construction zone or work
zone. Upon a second or subsequent such conviction or plea of guilty,
the Court may assess a fine of one hundred fifty dollars ($150.00)
in addition to any other fine authorized to be imposed by ordinance.
Upon the first conviction or plea of guilty by any person for a speeding
or passing violation, the Court may assess a fine of two hundred fifty
dollars ($250.00) in addition to any other fine authorized by ordinance
if the offense occurred within a construction zone or work zone and
at the time the speeding or passing violation occurred there was any
roadway worker in such zone. Upon a second or subsequent such conviction
or plea of guilty, the Court may assess a fine of three hundred dollars
($300.00) in addition to any other fine authorized by ordinance.
[R.O. 2004 § 125.200; Ord. No.
09-08 § 4, 2-26-2009]
A.
Any
person appearing before the Municipal Court of the City of Weldon
Spring, which is a Division of the Circuit Court of St. Charles County,
shall be subject to punishment for contempt of Court for any of the
following acts constituting contempt:
1.
Disorderly or insolent behavior committed during its session in its
immediate view and presence and directly tending to interrupt its
proceeding or to impair the respect due its authority.
2.
Any breach of peace, noise or other disturbance directly tending
to interrupt its proceedings.
3.
Willful disobedience or resistance of any process or order lawfully
issued or made by it.
4.
Failure to appear or failure to satisfy Court judgment. Contempt
committed in the immediate view and presence of the Court may be punished
summarily; in other cases the party charged shall be notified of the
accusation and have a reasonable time to make his/her defense.
[R.O. 2004 § 125.210; Ord. No.
09-08 § 4, 2-26-2009]
Punishment for contempt of Court shall be by a fine of up to
five hundred dollars ($500.00) or to imprisonment for up to ninety
(90) days, or to both such fine and imprisonment.
[R.O. 2004 § 125.230; Ord. No.
09-08 § 4, 2-26-2009]
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. When a fine is
assessed for violating an ordinance, it should 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. 2004 § 125.240; Ord. No.
09-08 § 4, 2-26-2009]
A.
In
order to prevent recidivism in matters of drug and alcohol abuse,
it is recognized that the education of offenders appearing in the
Municipal Court of Weldon Spring, Missouri, could bring positive results
in some instances.
B.
The
Weldon Spring Municipal Court Judge is hereby authorized to suspend
all or a portion of the sentence imposed on drug or alcohol offenders
upon certain conditions which include incentive and verification of
the education procedures.
[R.O. 2004 § 125.300; Ord. No.
09-08 § 4, 2-26-2009]
In the trial of municipal ordinance violation cases, a copy
of a municipal ordinance or code which is certified by the Clerk of
the municipality shall constitute prima facie evidence of such ordinance.
If such certified copy is on file with the Clerk serving the Judge
hearing a case and is readily available for inspection by the parties,
the Judge may take judicial notice of such ordinance without further
proof.
[R.O. 2004 § 125.310; Ord. No.
09-08 § 4, 2-26-2009]
In the prosecution of violations of municipal ordinances before
a Municipal Judge, all fines and costs shall be paid to and deposited
not less frequently than monthly into the Municipal Treasury.
[R.O. 2004 § 125.325; Ord. No.
09-03 § 3, 2-26-2009]
In addition to the policies and procedures set forth herein,
the Municipal Court personnel shall be guided by the current rules
of the Office of State Courts Administrator of the Supreme Court of
Missouri as published in the Missouri Annual Report — Supplement,
and the Missouri Municipal Clerk Manual.
