Carrollton municipal ordinance violation cases shall be heard
and determined by Associate Circuit Judges as provided by Chapter
479, RSMo.
[1]
Editor's Note: Ordinance No. 967, adopted 11-4-1985, provided
that violations of municipal ordinances shall be heard and determined
by an Associate Circuit Judge of the Circuit Court of Carroll County,
Missouri.
A.
In
addition to any fine that may be imposed by the Municipal Judge in
any case filed in the Carrollton Municipal Division of the Associate
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 Town and used to pay for Police Officer
training as provided by Sections 590.100 to 590.180, RSMo. The Town
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 Town. Any excess
funds shall be transmitted quarterly to the Town'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 and 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 up to four dollars ($4.00) 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 Town by the County Sheriff for
apprehension or confinement in the County Jail or costs assessed against
the Town 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 Town while a defendant is in Town custody and costs related to the arrest and testing of any person for any intoxication-related traffic offense as set out in Section 125.020(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 Town of
Carrollton 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 Police Department
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.
[Ord. No. 1149 § 16.005, 2-18-2014]
B.
The
Judge of the Municipal Court shall designate the specified offenses
under this law or under the traffic ordinances of the Town and the
State traffic laws in accordance with Supreme Court Rule Number 37.49
in respect to which payments of fines may be accepted by the Court
Clerk in satisfaction thereof, and shall specify by 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. 1149 § 16.010, 2-18-2014]
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.
[Ord. No. 1149 § 16.020, 2-18-2014]
A.
The
following duties are hereby imposed upon the Violations Bureau in
reference to traffic offenses:
1.
It shall accept designated fines, issue receipts, and represent in
Court such violators as are permitted and desire to plead guilty,
waive Court appearance, and give power of attorney;
2.
It shall receive and issue receipts for cash bail from the persons
who must or wish to be heard in Court, enter the time of their appearance
on the Court docket, and notify the arresting officer and witnesses,
if any, to be present.
[Ord. No. 1149 § 16.030, 2-18-2014]
The Violations Bureau shall keep records and submit to the Judge
hearing violations of Town ordinances summarized monthly reports of
all notices issued and arrests made for violations of the traffic
laws and ordinances in the Town and of all the fines collected by
the Violations Bureau or the Court, and of the final disposition or
present status of every case of violation of the provisions of said
laws and ordinances. Such records shall be so maintained as to show
all types of violations and the totals of each. Said records shall
be public records.
[Ord. No. 1149 § 16.040, 2-18-2014]
The Violations Bureau shall follow such procedure as may be
prescribed by the traffic ordinances of the Town or as may be required
by any laws of this State.
