State Law Reference
Court costs — RSMo. 479.260.
[Ord. No. 1959, § II(8.01), 4-24-1984; Ord. No. 4685, § 1, 9-13-2016]
Terms used in this chapter have the following meanings:
The Traffic Violations Bureau of the City of Crestwood, Missouri.
The Clerk of the Municipal Court of the City of Crestwood,
Missouri.
The Deputy Clerk of the Municipal Court of the City of Crestwood,
Missouri.
The Judge of the Municipal Court of the City of Crestwood,
Missouri.
The Revised Statutes of the State of Missouri, the judicial
decisions of the courts of the State of Missouri, the federal and
Missouri Constitutions and the Missouri Supreme Court rules.
Shall have the meaning set forth in RSMo. 479.350.
The Municipal Code of the City of Crestwood, Missouri.
The Prosecuting Attorney or duly appointed Assistant Prosecuting
Attorney of the City of Crestwood, Missouri.
[Ord. No. 1959, § II(8.02), 4-24-1984]
There is hereby created and established a Municipal Court of
the City of Crestwood, Missouri.
[Ord. No. 1959, § 11(8.03), 4-24-1984; Ord. No. 3294, § 1, 2-22-1994; Ord. No. 4167, § 1, 2-10-2009]
(a)
Office established. The office of judge of the Municipal Court of
the City of Crestwood is hereby created and established.
(b)
Appointment. Following the regular election of the Mayor, the Mayor,
with the consent and approval of the Board of Aldermen, shall appoint
a judge to serve for a term of two years and until his or her successor
is appointed and qualified. The judge shall be a member of the Missouri
Bar Association, and at least 21 years of age, and a resident of the
City, except that such residency requirement may be waived by a three-fourths
majority vote of the elected members of the Board of Aldermen.
(c)
Jurisdiction. Except as provided in this section, the judge shall
preside over the court and shall have exclusive jurisdiction to hear
and determine all offenses against ordinances of the City, and shall
have all other power and authority now and hereafter vested in him
by law and by the ordinances of this City and he shall perform all
of the duties thus imposed upon him.
(d)
Provisional judge. Except as provided by law, the Mayor, with the
consent and approval of the Board of Aldermen, may appoint one or
more provisional judges who shall be members of the Missouri Bar Association
and at least 21 years of age, and residents and the City, except that
such residency requirement may be waived by a three-fourths majority
vote of the elected members of the Board of Aldermen. The provisional
judge shall act if the judge is absent or disabled, or if there is
a temporary vacancy in such office. During such times, the provisional
judge shall have all the powers and authority of the judge, and shall
perform all the duties imposed by law or ordinance upon the judge.
(e)
Compensation. The judge of the municipal court shall receive such
compensation as established by the Board of Aldermen, payable in equal
monthly installments. If the provisional judge is required to perform
any of the duties of the municipal judge, he or she shall be separately
compensated at a reasonable hourly rate set by the City Clerk as approved
by the City Administrator.
[Ord. No. 1959, § 11(8.04),
4.24.84; Ord. No. 3810, § 1, 1-13-2004]
(a)
Established. There is hereby established the position of administrator-municipal
court for the City of Crestwood, Missouri.
(b)
Service and appointment. The position of administrator-municipal court is established as a civil service position to be governed by Chapter 18 of this Code, and any amendments thereto, and shall be designated as a position in the "classified service". Appointment shall be the City Administrator as provided in Subsection 2-53(i)(2).
(c)
Duties and powers. The administrator-municipal court, shall have
the following duties and powers:
(1)
Serve as the primary clerk of the municipal court with all the duties
imposed or granted by law or ordinance attendant thereto, including
the filing of all cases, docketing all cases, maintaining all case
records and accounting for all monies due and paid to the municipal
court;
(2)
Supervise all matters relating to the municipal court and all personnel
of the court;
(3)
Supervise all matters and personnel relating to the Violations Bureau;
(4)
Perform those administrative functions incidental to the operation
of the municipal court;
(5)
Assist the municipal judge in the conduct of the court with respect
to such other matters as the judge may request from time to time;
(6)
Appoint deputy clerks, clerical, bailiffs and administrative personnel,
as necessary, within the classified service; and
(7)
Such other duties as may be directed by the City Administrator.
(d)
Deputy clerk(s). There is hereby established and created the position
of deputy clerk within the classified service. The deputy clerk or
clerks are appointed by the administrator-municipal court, as needed,
and in the absence of the clerk, shall have all the powers and authority
and perform all duties imposed by law or ordinance upon the clerk.
[Ord. No. 1959, § 11(8.05), 4-24-1984]
(a)
Procurement. The court shall procure and keep an official seal, which
shall be a metallic disk not more than 2 1/2 inches in diameter,
with the words "Municipal Court, Crestwood, Missouri" engraved in
the border and the word "Seal" engraved across the center. The official
seal shall be retained in the office of the clerk of the court.
(b)
Use. The seal shall be used for the authentication of any record,
process or proceeding required, and for the attestation of any instrument
by the clerk. The clerk shall affix the seal of the court to warrants,
summonses, bench warrants, commitments to hold for trial, certified
copies of records and instruments, subpoenas, executions, and transcripts
on appeal, and otherwise as directed by the judge or prosecutor or
when required by law.
[Ord. No. 4685, § 1, 9-13-2016]
(a)
The following conditions apply to minor traffic violations and property
violations:
(1)
For a minor traffic violation, the court shall not assess a fine,
if combined with the amount of court costs, totaling in excess of
$225;
(2)
Notwithstanding any other provision of this Code to the contrary,
for a property violation, the court shall not assess a fine, if combined
with the amount of court costs, totaling in excess of:
a.
Two hundred dollars, if the defendant has committed no property violations
within 12 months prior to the violation for which the defendant is
to be sentenced;
b.
Two hundred seventy-five dollars, if the defendant has committed
one property violation within 12 months prior to the violation for
which the defendant is to be sentenced;
c.
Three hundred fifty dollars, if the defendant has committed two property
violations within 12 months prior to the violation for which the defendant
is to be sentenced; or
d.
Four hundred fifty dollars, if the defendant has committed three
or more property violations within 12 months prior to the violation
for which the defendant is to be sentenced.
(3)
The court shall not sentence a person to confinement, except the
court may sentence a person to confinement for any violation involving
alcohol or controlled substances, violations endangering the health
or welfare of others, or eluding or giving false information to a
law enforcement officer;
(4)
A person shall not be placed in confinement for failure to pay a
fine unless such nonpayment violates terms of probation or unless
the due process procedures mandated by Missouri Supreme Court Rule
37.65 or its successor rule are strictly followed by the court;
(5)
Court costs that apply shall be assessed against the defendant unless
the court finds that the defendant is indigent based on standards
set forth in determining such by the presiding judge of the circuit.
Such standards shall reflect model rules and requirements to be developed
by the Supreme Court; and
(6)
No court costs shall be assessed if the defendant is found to be
indigent under subsection (a)(5) of this section, or if the case is
dismissed.
(b)
Notwithstanding any other provision of this Code to the contrary,
a prosecution for a property violation shall not be commenced in the
Crestwood Municipal Division unless and until:
(1)
The defendant has been served, by personal service, first-class mail
to the defendant's last known address, or any other means authorized
by law, with a written notice specifically describing each violation,
and identifying what action(s) must be taken to remedy such violation(s);
(2)
The notice described in subsection (b)(1), above, provided a reasonable
time, not less than 10 days, in which to abate such violation(s).
The notice may provide less than 10 days to abate the violation(s)
if there is an immediate, specifically identified risk to the public
health or safety; and
(3)
The defendant has failed to abate the violation(s) within the time
period specified in the notice.
[Ord. No. 4168[1], § 1, 2-10-2009;
amended 11-10-2020 by Ord. No. 5100]
No appointment of Municipal Court personnel shall be effective unless the position and compensation are set forth in the annual budget. The appointment and qualifications of the prosecuting attorney shall be the same as for the Municipal Judge as set forth in § 15-3(b). The prosecuting attorney shall receive such compensation as established by the Board of Aldermen, payable in equal monthly installments. One or more public defenders may be appointed by the Mayor, with the advice and consent of the majority of the Board of Aldermen, to represent defendants who are indigent and are entitled to counsel under Missouri law. Once a public defender has been appointed by the Mayor and approved by the Board of Aldermen, such public defender shall be eligible to accept appointments by the Municipal Judge. A public defender may be compensated as provided in Subsection (g) of § 15-31 of this Code.
[1]
Editor's Note: This ordinance also provided for the repeal
of former § 15-7.
[Ord. No. 1242, § 2, 12-22-1970; Ord. No. 1959, § II (8.08), 4-24-1984]
(a)
Authorized. A Traffic Violations Bureau for traffic cases is hereby
authorized and may be established by order of the judge.
(b)
Violations clerk. The municipal court clerk shall serve as violations
clerk. The violations clerk shall accept appearance, waiver of trial,
plea of guilty and payment of fines and costs in designated traffic
offenses.
(c)
Designated traffic offenses. The judge shall, by rule or order, designate
the traffic offenses within the authority of the violations clerk.
The judge shall provide which offenses may be referred to the Bureau,
and which must be heard by the court only; and shall prescribe the
procedure of traffic cases in the Bureau, and for the keeping of records
and making of reports. The judge shall specify, by order or rule,
the place where fines are to be paid; and shall specify by suitable
schedule the amount of fines to be imposed for first and subsequent
offenses and the costs to be assessed thereon.
(d)
Report to finance officer. The violations clerk shall, no later than
the third day of each month, pay over to the City Finance Officer
all fines and costs collected by the Bureau during the preceding month,
and shall submit a report thereon to the City Finance Officer at the
same time. The report shall be signed by the violations clerk and
receipted by the City Finance Officer, and a copy thereof to be filed
with the City Clerk.
(e)
Deputy clerks. Any existing employee shall act as deputy violations
clerk at the discretion of the City Administrator. The deputy violations
clerks shall be at least 21 years of age, and existing employees of
the City. The deputy violations clerks shall act if the violations
clerk is absent or disabled, or if there is a temporary vacancy in
such office. During such times the deputy violations clerks shall
have all the powers and authority of the violations clerk, and shall
perform all the duties imposed by law or ordinance upon the violations
clerk.
[Ord. No. 1959, § II(8.09), 4-24-1984]
(a)
The judge may make such rules as are consistent with this chapter
for the conduct of the business of the court, and for the order in
which the cases shall be tried. He shall also provide for such other
rules as may be required by the ordinances of the City and by law.
(b)
The Missouri Supreme Court Rules of Practice and Procedure in Municipal
Courts shall govern the practice and procedure in the court, and the
rules of the court shall be supplementary to and consistent therewith.
Each year in connection with his budget requirements, the judge may
include a request for the appropriation of such amounts as may be
necessary for the clerk to print, publish and distribute the local
rules of court. At the time the annual budget is being considered
by the Board of Aldermen or committees appointed by it for that purpose,
the judge may fully inform the City Administrator of the appropriations
desired by the court for its necessary expenses, including the printing
of forms, postage, stationery and other supplies, office expenses
and salaries of the judge, clerk and bailiff, and otherwise.
[Ord. No. 1959, § II(8.06), 4-24-1984]
The judge shall, by order, fix no more than three evenings per
month for court sessions. One such sessions shall be for trial of
contested matters, and the other sessions shall be for the receipt
of pleas. The court sessions shall be held in the Crestwood Government
Center, or such place within the City as shall be provided by order
of the court. Such sessions shall begin at 7:30 p.m. unless otherwise
provided for by court order. If any regular session of court falls
on a holiday, the judge may by order fix another night during the
month for a regular session of court to conduct any business at hand.
The judge may by order fix the time and dates of special sessions
of the court where guilty pleas only will be heard, and he may by
order fix the time when the Traffic Violations Bureau will be open
for the transaction of business. Other special sessions or continued
sessions may be provided by order, when the business of the court
requires.
[Ord. No. 1959, § II(8.10), 4-24-1984]
The judge shall keep a docket showing the name of the defendant,
the offense, the date of trial, the findings of the court, the judgment
and such other facts as are necessary to show the full proceedings
in every case, and upon an application for trial de novo the judge
shall make out and certify to the circuit court a full transcript
of the proceedings had in said case.
[Ord. No. 1959, § II(8.11), 4-24-1984]
Cases shall be entered on the court's docket and shall become
a part of the records of the court when information is filed by the
prosecutor or when the prosecutor approves a complaint made by an
individual other than a police officer, or when a defendant who is
given the opportunity to appear before the Traffic Violations Bureau
fails to appear within the time allowed him. The Chief of Police shall
review all complaints filed by police officers; upon approval of a
complaint it shall be referred to the prosecutor, whose decision shall
be final as to whether or not the case shall be entered on the court
docket. Nothing in this section shall be construed to prevent the
prosecutor, in his discretion, from requesting dismissal or directing
nolle prosequi of a case after it has been entered on the court docket.
[Ord. No. 1959, § II(8.12), 4-24-1984; Ord. No. 4834, § 2, 1-9-2018]
All violations of the ordinances of this City shall be prosecuted
by information or complaint as may be determined by the prosecutor.
It shall be the duty of the prosecutor to prosecute the violations
of the City's ordinances before the municipal judge or before any
circuit or associate circuit judge hearing violations of the City's
ordinances. The prosecutor in the municipal division shall be the
City Attorney, Assistant City Attorney or an attorney hired by the
Board of Aldermen to serve as prosecutor. The prosecutor may designate
assistant prosecutors as necessary. If the prosecutor has a conflict
on a case, the City Administrator may designate the City Attorney
or Assistant City Attorney as prosecutor for such case, or the Board
of Aldermen may, by ordinance, hire a special prosecutor. Every information
shall be signed by the prosecutor or assistant prosecutor. The prosecutor
may substitute his information for any complaint. The prosecutor shall
perform all duties required by Rule 37 of the Missouri Supreme Court
Rules and RSMo. Ch. 479.
[Ord. No. 1959, § II(8.13), 4-24-1984]
When a defendant is charged with both a traffic violation and
a violation of another ordinance of the City, separate complaints
and informations shall be filed against him, so that all charges of
traffic ordinance violations arising out of the same general state
of facts shall appear in one complaint or information, and all violations
other than traffic violations arising out of the same general state
of facts shall appear in a complaint or information similar to those
prescribed by the rules of the Supreme Court of Missouri. The prosecutor
is authorized to make exceptions to these provisions when in his judgment
the number of charges, or the nature thereof, or the interests of
the defendant make it necessary or advisable to use more than one
complaint or information in other cases than herein prescribed.
[Ord. No. 1959, § II(8.13), 4-24-1984]
In prosecutions against corporations any officer, agent, foreman,
superintendent or other person in charge of the activities of the
corporation at the time and place of the violation may be jointly
charged with the corporation as a defendant and may be equally liable.
[Ord. No. 1959, § II(8.15), 4-24-1984]
When a complaint or information is filed against a defendant,
the clerk shall set the cause for preliminary hearing or plea not
less than eight days nor more than 45 days thereafter. When a traffic
complaint is made by a police officer, the return date shall be not
less than eight days nor more than 35 days thereafter, and shall be
returnable to a date on which a regular or special session of court
is to be held. When a traffic case is one which permits the defendant
to appear before the Bureau, the return date shall be not less than
15 days nor more than 35 days, and the defendant may appear in the
Bureau and pay the fine and penalties within five days, excluding
the date on which the summons is served upon him, and if he or she
fails to appear before the Bureau within such time the clerk shall
enter the cause for hearing by the court on the court docket for the
date stated in the summons.
[Ord. No. 1959, § II(8.16), 4-24-1984]
Summonses, commitments to hold for trial, subpoenas, notices
to appear and appearance bonds in the court shall be returnable not
more than 45 days after service, unless otherwise ordered by the court
for good cause.
[Ord. No. 1959, § II(8.17), 4-24-1984]
Police officers are required to make proper return on all warrants,
summonses, bench warrants, commitments, subpoenas, executions and
other processes, notices and orders delivered to them for official
action.
[Ord. No. 1959, § II(8.18), 4-24-1984]
Defendants may appear by attorney for any purpose or, by special
permission from the judge, by parents or spouses, for the purpose
of requesting a continuance or pleading guilty.
[Ord. No. 1959, § II(8.19), 4-24-1984]
(a)
The amount of bail shall be endorsed upon all warrants by the judge
and when an arrest is made under warrant by a police officer it shall
be endorsed upon the warrant or commitment papers, or both when both
are issued. When a defendant is taken to another incarceration facility
upon arrest, he may be admitted to bail by the sheriff in the amount
indicated by the police officer, and the bail bond shall be promptly
transmitted to the clerk. If upon arrest the defendant indicates a
desire to make bail, the police officer may bring the defendant before
the judge for that purpose instead of taking him to another incarceration
facility.
(b)
The following rules shall govern the amount of bail:
(1)
The judge may fix bail up to $1,000 when there is not more than
one charge against the defendant; but when there is more than one
he may increase the amount by not more than $200 for each additional
charge up to a maximum of $2,000.
(2)
Sureties on bonds and securities therefor can be released only
upon order of the judge.
[Ord. No. 1959, § II(8.21), 4-24-1984]
The judge, by rule, may authorize the acceptance of cash bonds
in such amounts and in such cases as may be fixed by order, in the
case of alleged traffic violations, and the amounts of such cash bonds
shall be as reasonable as possible in each case. At the request of
the judge, the prosecutor shall prepare the form of cash bond to be
signed by the defendant, setting forth the conditions under which
the cash bond is received. The judge, by separate order, may permit
such bonds in other than traffic cases.
[Ord. No. 1959, § II(8.20), 4-24-1984]
Before forfeiting any bond for the nonappearance of a defendant,
the surety shall be notified by mail that the bond will be forfeited
at a subsequent regular session of the court unless the defendant
is produced in court on that date. In the interest of justice, the
judge may compromise or settle any forfeiture, which shall in no manner
affect the liability of the defendant for fine or imprisonment or
both if and when apprehended.
[Ord. No. 1959, § II(8.22), 4-24-1984]
(a)
The court may continue cases under such rules as it may adopt, provided
that no case shall be continued more than 60 days, excepting by consent
of counsel for the City and the defendant or his attorney.
(b)
Upon the first setting of the case, the judge may, upon request of
either side, continue the case to a day certain. At any subsequent
setting of the case, no continuance shall be granted unless the party
applying therefor satisfies the court that such continuance is in
the interest of justice and the judge may require affidavit of the
party applying therefor, setting forth the reasons for the continuance;
but no continuance shall be in excess of the time permitted under
this section. The court may require the defendant to enter into recognizance
before granting any continuances hereunder.
[Ord. No. 1959, § II(8.23), 4-24-1984]
In the furtherance of justice, the judge may consolidate cases,
shall dismiss any charge which constitutes an element of a more serious
charge pending against the defendant, and may, when satisfied that
the defendant should be convicted of a less serious violation than
that with which he is charged, reduce the charge accordingly.
[Ord. No. 1959, § II(8.24), 4-24-1984]
(a)
The judge may punish for criminal contempt.
(b)
Criminal contempt shall consist of:
(1)
Disorderly, contemptuous or insolent behavior committed during
a court session, in its immediate view and presence, and directly
tending to interrupt its proceeding or to impair the respect due to
its authority;
(2)
Any breach of the peace, noise or other disturbance directly
tending to interrupt court proceedings;
(3)
Willful disobedience of any process or order lawfully issued
or made by the court;
(4)
Resistance willfully offered by any person to the lawful order
or process of the court;
(5)
The contumacious and unlawful refusal of any person to be sworn
as a witness or, when so sworn, to refuse to answer any legal and
proper interrogatory;
(6)
Soliciting or aiding in the disposition of traffic tickets or
summonses after it has been entered on a court docket in any manner
not authorized by the court;
(7)
Contemptuous, scandalous or degrading utterances or publications
tending to bring the judge or court into disrepute or ridicule.
(c)
Punishment for contempt may be by fine or imprisonment or both such
fine and imprisonment.
[Ord. No. 1959, § II(8.25), 4-24-1984; Ord. No. 4685, § 1, 9-13-2016]
Witness fees and mileage shall be as authorized by RSMo. 488.035
and 491.280.
No witness shall be entitled to fees unless he appears under
subpoena. Any witness attached for failure to appear after summons
shall forfeit his fees and mileage. A party desiring the summoning
of a witness at a distance greater than 40 miles from his place of
residence shall deposit with the clerk the full amount of the witness
fees and mileage before a subpoena shall issue; provided that if the
witness is subpoenaed for the City no deposit shall be required, but
the fees and mileage shall be paid out of funds appropriated for that
purpose.
[Ord. No. 1959, § II(8.26), 4-24-1984]
When any person is arrested to be confined pending the filing
of charges against him, or pending trial after the filing of charges,
or to serve a sentence after trial, or pending the perfection of an
appeal, or as punishment for contempt, he shall be confined in the
City jail or delivered to the proper authorities for confinement.
[1]
Editor's Note: Former § 15-28, Work by prisoner,
which was derived from Ord. No. 1959, adopted 4-24-1984, was repealed
9-13-2016 by Ord. No. 4685.
[Ord. No. 1959, § II(8.28), 4-24-1984; Ord. No. 4685, § 1, 9-13-2016]
When a fine is assessed for violating an ordinance, it shall
be within the discretion of the municipal judge to provide for the
payment of the fine on an installment basis under such terms and conditions
as the judge may deem appropriate. If a defendant is assessed a fine,
and fails to pay such fine, or an installment thereof, by the date
ordered by the municipal judge, the clerk shall issue a summons ordering
the defendant to appear in court to show cause for non-payment. If
the defendant fails to appear on the date provided in the summons,
the court may then issue a warrant to secure the defendant's appearance
for a hearing on the order to show cause. The summons may be served
by the clerk mailing it to the defendant's last known address by first-class
mail. When any person shall be unable to pay any fine or costs assessed
against him the judge may commute such fine and costs.
[Ord. No. 1959, § II(8.29), 4-24-1984]
Upon conviction of a defendant, the judge may, in the interest
of justice, stay any fine and costs or any portion thereof, including
minimum fines and costs, or stay any commitment, in either case with
or without the payment of costs and on such terms and conditions as
he may deem necessary and advisable. The judge may also commute jail
sentences to the time served or held in jail, or stay jail sentences
upon condition.
[Ord. No. 1959, § II(8.30), 4-24-1984; Ord. No. 3252, § 1, 3-9-1993; Ord. No. 3355, § 1, 6-27-1995; Ord. No. 3437, § 1, 12-10-1996; Ord. No. 3468, § 1, 7-22-1997; Ord. No. 3695, § 1, 11-27-2001; Ord. No. 4106, § 1, 1-8-2008; Ord. No. 4108, § 1, 1-8-2008; Ord. No. 4515, § 1, 12-9-2014; Ord. No. 4685, § 1, 9-13-2016; amended 11-13-2018 by Ord. No. 4914; 11-10-2020 by Ord. No. 5100]
(a)
Application. The provisions of this section relating to court costs
shall apply to all cases in the Municipal Court.
(b)
Minimum. In all cases, municipal division costs shall be $12, subject
to such increase as authorized by law.
(c)
Surcharges. In addition to the municipal division costs, the following
surcharges shall be assessed in all cases involving a judgment for
violation of a City ordinance, except where the defendant is found
by the Municipal Court Judge to be indigent and unable to pay costs:
(d)
Additional costs. To the extent applicable in a particular case,
the following costs will be added to the assessment of court costs:
(1)
Bad check fees as authorized by RSMo. 570.126.
(2)
Fees for postage and copies as provided by local court rule.
(3)
Costs of $30 for applications for trial de novo.
(4)
Any other costs authorized by RSMo. Ch. 488, or Missouri Supreme
Court Operating Rule 21 for cases filed in a municipal division.
(e)
Recoupment of incarceration fees.
(1)
Any person convicted of an offense or misdemeanor and committed
to the St. Louis County Jail, or any subsequent provider of jail services
on behalf of the City, shall pay for the cost of their incarceration,
to the extent authorized by RSMo. 221.070. The cost assessed to an
inmate shall be the actual costs charged against the City by the correctional
facility. Said costs may consist of all reasonable costs of confinement
calculated on a per diem basis or based on actual expenses, including,
without limitation, any necessary transportation related thereto and
medical costs incurred while a person is incarcerated.
(2)
Any and all medical expenses incurred by an inmate charged against
the City shall be imposed upon the incarcerated person receiving such
medical treatment, including, without limitation, medical expenses
incurred in connection with medical and dental examinations and treatment,
over-the-counter and prescription medications, and hospitalization
expenses, less any copayment collected from the inmate at the time
medical expenses were rendered and received.
(f)
Upon a plea of guilty or a finding of guilty for an offense of violating
the provisions of RSMo. 577.010 or 577.012, or violations of City
ordinances 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 Crestwood Police
Department 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 RSMo. Ch. 577, 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. The Crestwood
Police Department may establish a schedule of such costs; however,
the court may order the costs reduced if it determines the costs are
excessive.
(g)
Pursuant to Section 479.260 RSMo., an appointed counsel fund is hereby established. The appointed counsel fund shall be used only to pay the reasonable fees approved by the court for the appointment of an attorney to represent any defendant found by the judge to be indigent and unable to pay for legal representation, and where the Supreme Court rules or the law prescribes such appointment. One dollar from the costs assessed pursuant to Subsection (b) of this section and shall be credited to the appointed counsel fund. Additional funds may be included in the City's general fund to pay any appointed counsel fees that are not covered by the appointed counsel fund. The appointed counsel fund shall not retain more than $5,000. All excess funds shall be transmitted quarterly to the City's general fund.
[Ord. No. 1959, § II(8.31), 4-24-1984; Ord. No. 4685, § 1, 9-13-2016]
(a)
Bill of costs. The clerk shall cause to be prepared and shall keep
in each case a bill of costs according to the foregoing, in such form
as may be approved by the judge. The cost bill shall be subject to
approval by the judge and when so approved the amount thereof shall
be entered in the docket.
(b)
Reducing or staying costs. To the extent permitted by law, the judge
may reduce the costs in any case by striking all or any portion of
the amounts provided for in this chapter, or may stay the cost permanently,
or pending further orders, or upon such conditions as he may deem
advisable in the interest of justice.
(c)
Assessing costs. Costs shall be assessed against the defendant when the defendant pleads or is found guilty, unless the defendant is found by the court to be indigent, and costs shall also be assessed in accordance with the provisions of § 15-31 in cases of conviction of criminal contempt, and forfeitures of bonds so far as applicable to the particular case.
[Ord. No. 3191, § 1, 6-11-1991; Ord. No. 3818, § 1, 2-24-2004; Ord. No. 4578, §§ 1, 2, 9-22-2015; Ord. No. 4685, § 1, 9-13-2016]
(a)
It shall be unlawful for any person to knowingly fail to appear in
the municipal court when directed to do so pursuant to a complaint,
information, bond return, summons, order, subpoena, execution, or
other process or order. Proof of delivery or mailing of the complaint,
information, bond return, summons, order, subpoena, execution or other
process or order to the person shall establish a presumption of knowledge
by that person of his or her appearance date.
(b)
No additional charge shall be issued for the failure to appear for
a minor traffic violation, as defined in RSMo. 479.350(3).
[Ord. No. 3666, § 1, 5-8-2001; Ord. No. 4685, § 1, 9-13-2016]
(a)
Whenever any person has been found guilty of an ordinance violation
the court shall make one or more of the following dispositions of
the offender in any appropriate combination.
The court may:
(3)
Suspend the imposition of sentence, with or without placing
the person on probation;
(4)
Pronounce sentence and suspend its execution, place the person
on probation;
(5)
Impose a period of detention as a condition of probation, as
authorized by RSMo. 559.026.
(6)
Impose any special sentence or sanction authorized by law.
(b)
No additional costs shall be charged to a defendant for participation
in community service.
(c)
Pursuant to RSMo. 559.607, persons found guilty or pleading guilty
to ordinance violations and placed on supervised probation by the
municipal judge shall contribute a service fee to the court in the
amount of not less than $30 or more than $50 per month to the private
entity providing him or her with supervision and rehabilitation services.
The amount of the contribution shall be determined by the municipal
judge. No such service fee is required if a person is placed on bench
probation or is supervised by the court. The judge may exempt a person
from all or part of the foregoing contribution if he or she finds
any of the following factors to exist:
(1)
The offender has diligently attempted, but has been unable,
to obtain employment which provides him or her sufficient income to
make such payments;
(2)
The offender is a student in a school, college, university or
course of vocational or technical training designed to fit the student
for gainful employment. Certification of such student status shall
be supplied to the court by the educational institution in which the
offender is enrolled;
(3)
The offender has an employment handicap, as determined by a
physical, psychological or psychiatric examination acceptable to or
ordered by the court;
(4)
The offender's age prevents him or her from obtaining employment;
(5)
The offender is responsible for the support of dependents, and
the payment of such contribution constitutes an undue hardship on
the offender;
(6)
There are other extenuating circumstances as determined by the
court to exempt or partially reduce such payments; or
(7)
The offender has been transferred outside the state under an
interstate compact adopted pursuant to law.
[Added 5-28-2019 by Ord.
No. 4971]
(a)
Search warrant defined - who may issue, execute.
(1)
An administrative search warrant is a written order of the municipal
judge permitting the entry of City officials on or into private property,
a structure or improvement to enforce the City's housing, building,
fire prevention, zoning, health and safety regulations when government
entry on or into such property is otherwise authorized by Missouri
law. A warrant may issue only in conformance with this section and
only for the enforcement of the City's housing, building, fire prevention,
zoning, health and safety regulations, specifically:
(2)
The municipal judge of the City of Crestwood may issue an administrative
search warrant when:
(3)
Any such warrant shall be directed to the Chief of Police or
any other police officer, code enforcement officer, or fire official
of the City and shall be executed by the Chief of Police or said police
officer, code enforcement officer, fire official or other appropriate
City official within the City limits and not elsewhere.
(b)
Who may apply for warrant - contents of application.
(1)
Any code enforcement officer, police officer, or fire official
of the City may make application to the municipal judge for the issuance
of an administrative warrant.
(2)
The application shall:
a.
Be in writing;
b.
State the time and date of the making of the application;
c.
Identify the property or places to be entered, searched, inspected
or seized in sufficient detail and particularity that the official
executing the warrant can readily ascertain it;
d.
State that the owner or occupant of the property or places to
be entered, searched, inspected or seized:
e.
State facts sufficient to show probable cause for the issuance of a search warrant as provided in Subsection (c) of this section to:
1.
Search or inspect for violations of an ordinance or Code section
specified in the application; or
2.
Show that entry or seizure is authorized and necessary to enforce
an ordinance or Code section specified in the application and/or abate
an ordinance violation and that due process has been afforded prior
to the entry or seizure;
f.
Be verified by the oath or affirmation of the applicant; and
g.
Be signed by the applicant and the City's prosecuting attorney,
and shall be filed in the municipal division. The application may
include affidavits, photographs, or other records necessary to establish
probable cause.
(3)
The application shall be considered in determining whether there
is probable cause for the issuance of a search warrant and in filling
out any deficiencies in the description of the property or place to
be searched or inspected. Oral testimony shall not be considered.
(4)
The application may be submitted to the municipal division by
hand delivery, mail or facsimile or other electronic means.
(c)
Determination of probable cause - issuance - contents of warrant
- execution and return.
(1)
Determination of probable cause/issuance.
a.
The municipal judge shall determine whether probable cause exists
to inspect or search for the purposes noted herein.
b.
In doing so the municipal judge shall determine whether the
action to be taken by the City is reasonable in light of the facts
stated. The municipal judge shall consider the goals of the ordinance
or Code section sought to be enforced and such other factors as may
be appropriate, including, but not limited to, the physical condition
of the specified property, the age and nature of the property, the
condition of the area in which the property is located, the known
violation of any relevant City ordinance or Code section, the passage
of time since the property's last inspection and the authority authorizing
government entry onto private property. The standard for issuing a
warrant need not be limited to actual knowledge of an existing violation
of a City ordinance or Code section.
c.
If it appears from the application and any supporting affidavit
that there is probable cause to inspect or search the private property
for the enforcement of the City's housing, zoning, health and safety
regulations, an administrative search warrant shall immediately be
issued.
d.
The warrant shall issue in the form of an original and two copies
and the application, any supporting affidavit and one copy of the
warrant as issued shall be retained in the records of the municipal
division.
e.
A search warrant shall expire if it is not executed within 10
days after the date of the making of the application.
(2)
Contents of administrative search warrant. The administrative
search warrant shall:
a.
Be in writing and in the name of the City;
b.
Be directed to any police officer, code enforcement officer,
or fire official in the City;
c.
State the time and date the warrant was issued;
d.
Identify the property or places to be searched, inspected or
entered upon in sufficient detail and particularity that the officer
executing the warrant can readily ascertain it;
e.
Identify the regulation sought to be enforced;
f.
Command that the described property or places be entered upon
for one or more specified enforcement purposes as provided herein,
including inspection or abatement;
g.
Direct that any evidence of any suspected ordinance violations
be seized, recorded or photographed and a description of such property
be returned within 10 days after issuance of the warrant to the clerk
of the municipal division to be dealt with according to law;
h.
Be signed by the judge with his or her title of office indicated.
(3)
Execution. A search warrant issued under this section shall
be executed only by a City police officer, code enforcement officer,
or fire official; provided, however, that one or more designated City
officials may accompany the officer or official and the warrant shall
be executed in the following manner:
a.
Copies of the warrant shall be given to the officer executing
the warrant. Copies may be transmitted by hand delivery, mail or by
facsimile or other electronic means.
b.
The warrant shall be executed by conducting the search, inspection,
entry, abatement, or seizure as commanded and shall be executed as
soon as practicable and in a reasonable manner but in no less than
10 days after issuance of the warrant.
c.
The officer may summon as many persons as he or she deems necessary
to assist him or her in executing the warrant and such persons shall
not be held liable as a result of any illegality of the search and
seizure.
d.
The officer shall give the owner or occupant of the property
searched, inspected or entered upon a copy of the warrant or shall
leave a copy of the warrant at the property if the owner or occupant
is not available.
e.
In the event that a warrant authorizes abatement of a nuisance
or other conditions, the police officer, code enforcement officer,
or fire official is not required to stay on the property during the
entire length of time that it takes for the abatement to be completed.
(4)
Itemized receipt/disposition of seized property.
a.
If any property is seized incident to the search or abatement,
the officer shall give the person from whose possession it was taken,
if the person is present, an itemized receipt for the property taken.
If no such person is present, the officer shall leave the receipt
at the site of the search or abatement in a conspicuous place.
b.
A copy of the itemized receipt of any property taken shall be
delivered to the prosecuting attorney for the City or the City Attorney
within two working days of the search.
c.
The disposition of property seized pursuant to a warrant under
this Section shall be in accordance with an applicable City ordinance
or Code section, but in the absence of same, then with Section 542.301,
RSMo.
(5)
Return required after execution of search warrant.
a.
After execution of the search warrant, the warrant, with a return
thereon signed by the officer making the search, shall be delivered
to the municipal division.
b.
The return shall show the date and manner of execution and the
name of the possessor and of the owner, when not the same person,
if known, of the property or places searched or seized.
c.
The return shall be accompanied by any photographs, copies or
recordings made and by any property seized, along with a copy of the
itemized receipt of such property required by this section; provided,
however, that seized property may be disposed of as provided herein
and, in such a case, a description of the property seized shall accompany
the return.
d.
The municipal division clerk, upon request, shall deliver a
copy of the return to the possessor and the owner, when not the same
person, of the property searched or seized.
(d)
Warrant invalid, when.
(1)
An administrative search warrant shall be deemed invalid:
a.
If it was not issued by the municipal judge;
b.
If it was issued without a written application having been filed
and verified;
c.
If it was issued without sufficient probable cause in light of the goals of the ordinance to be enforced and such other factors as provided in Subsection (c) hereof;
d.
If it was not issued with respect to property or places in the
City;
e.
If it does not describe the property or places to be searched,
inspected, entered upon or seized with sufficient certainty;
f.
If it is not signed by the judge who issued it; or
g.
If it was not executed within 10 days after the date of the
issuance of the warrant.
(2)
An officer making a search pursuant to an invalid warrant, the
invalidity of which is not apparent on its face, may use such force
as he or she would be justified in using if the warrant were valid.
