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City of Cassville, MO
Barry County
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Table of Contents
Table of Contents
Code
New Laws (2) Index
State Law Reference: As to certain violations concerning an accused with special needs, §479.040, RSMo.
Editor's Note: Former Chapter 125, Municipal Court, containing Sections 125.010 through 125.360, was repealed 8-9-2021 by Ord. No. 1850.
[Ord. No. 1850, 8-9-2021]
A. 
All City of Cassville traffic code and municipal ordinance violations shall be heard by the Barry County Associate Circuit Court Judge or Judges at the Barry County Judicial Center, in the 39th Judicial Circuit of the State of Missouri. The Clerk of the Court shall be Barry County Circuit Court Clerk or any deputy clerk designated by the Circuit Court Clerk for cases involving the prosecution of City of Cassville traffic code or municipal ordinance violations.
B. 
Any person charged with a City of Cassville traffic code violation for which payment of a fine may be made through Missouri's traffic Violations Bureau, shall have the option of paying such fine through the Violations Bureau as currently provided by Missouri law and/or Court Rules, as same may be amended from time to time.
[Ord. No. 1850, 8-9-2021]
A. 
Whenever any person is convicted or pleads guilty or is found guilty of violating any traffic code or ordinance of the City in the Associate Division, such person shall be ordered to pay the following costs:
1. 
Court Cost. In every case where there is a conviction or a plea or finding of guilty, the clerk fee shall be the sum of fifteen dollars ($15.00) and shall be payable with eighty percent (80%) to the Missouri Department of Revenue and twenty percent (20%) to the Barry County Treasurer. (Section 479.260(2), RSMo.)
2. 
Statewide Court Automation System. Seven dollars ($7.00) shall be assessed and payable to the Missouri Statewide Court Automation Fund for the funding of the City of Cassville participation in the statewide court automation system. (Section 488.012.3(5), RSMo., and Section 488.027.2, RSMo.)
3. 
Law Enforcement Training Fund. Two dollars ($2.00) shall be assessed and payable to the treasury of the City of Cassville for the funding of Law Enforcement Training Fund. (Section 488.5336, RSMo.)
4. 
Crime Victim Compensation Fund Surcharge. Seven dollars and fifty cents ($7.50) shall be assessed and payable to the Missouri Department of Revenue and to the treasury of the City of Cassville for the Crime Victim Compensation Fund. (Section 595.045, RSMo.)
5. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection (A)(5), Sheriff's Retirement Fund, was removed with the annual Statutory update of 2021 because the surcharge was found unconstitutional by the Missouri Supreme Court.
6. 
Peace Officer Standards And Training Fund. One dollar ($1.00) shall be assessed and payable to the Missouri Department of Public Safety for the Peace Officers Standards and Training Fund. (Section 488.5336, RSMo.)
7. 
From and after the date of this Section, the continued amount, assessment and payment of all court costs may be set, modified, and amended by the Associate Circuit Court Judge, the 39th Judicial Circuit, Missouri Supreme Court Operating Rules, or the Office of State Court's Administrator of the State of Missouri, without further notice or action by the City.
8. 
(Reserved)
B. 
All court costs shall be assessed against the defendant except when by law court costs may not be assessed, or unless the court costs are waived pursuant to law by the Associate Circuit Judge.
C. 
All such costs shall be collected by the Associate Division Judge and/or Clerk. The costs so collected shall be paid as provided by Statute and Missouri Supreme Court Operating Rules.
D. 
For any fine and costs not paid in full within thirty days (30) of disposition, a twenty-five dollar ($25.00) time payment fee, as authorized by Missouri Supreme Court Operating Rule 21.13, shall be imposed.
[Ord. No. 1850, 8-9-2021]
A. 
There may be assessed as costs the sum established by ordinance in each court proceeding in the Associate Division for the violation of any traffic code or ordinance of the City, except for violations of non-moving traffic violations, for the training of City of Cassville Police Officers.
B. 
It shall be the duty of the Associate Division Judge and/or Clerk to collect the court costs in such cases. The costs shall be transmitted monthly as provided by Statute to the treasury of the City of Cassville.
C. 
The funds collected by virtue of this Section shall be used by the City to pay for the training of City of Cassville Police Officers as provided by law.
[Ord. No. 1850, 8-9-2021]
A. 
A fee of seven dollars and fifty cents ($7.50), or such fee as may be hereafter authorized by State Statute, may be assessed as costs in each court proceeding in the Associate Division, as required by Section 595.045.1, RSMo., except that no such fee shall be collected for any non-moving traffic violations, except weight limit and safety laws. No such fee shall be collected where the proceedings against a defendant has been dismissed, or where costs are paid by the State, County or municipality on behalf of an indigent defendant.
B. 
The monies collected by the Associate Division Clerk shall be paid at least monthly, as follows:
1. 
Ninety-five percent (95%) shall be paid to the Director of Revenue of the State; and,
2. 
Five percent (5%) shall be paid into the City Treasury.
C. 
The Clerk of the Associate Division shall keep a record of all delinquent payments.
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.
[Ord. No. 1850, 8-9-2021]
A. 
Upon a plea or finding of guilty in violation of the provisions of Section 342.020 or 342.030 of this Code or any other ordinance of the City of Cassville involving alcohol-related 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 Cassville City Police Department for the costs associated with such arrest.
B. 
Such costs 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; the Court may order the costs reduced if it determines that the costs are excessive.
[Ord. No. 1850, 8-9-2021]
A. 
The Associate Division Judge is authorized to place persons who plead guilty or are found guilty of ordinance violations, on court supervised probation for a period of two (2) years. The Judge may also impose any general or special conditions as are permitted by law and in the discretion of the Judge.
B. 
The Associate Division Judge is authorized to order that a defendant make restitution to the victim in an amount deemed appropriate by the Judge.
[Ord. No. 1850, 8-9-2021]
A. 
It shall be the duty of an attorney designated by the City to prosecute the violations of the City's traffic code and ordinances before the Associate Circuit Judge or before any Circuit Judge hearing violations of same.
B. 
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.