[Ord. No. 17-12.57, 12-19-2017]
The City of Marceline, Missouri, a Third Class City, hereby
elects to have all violations of its municipal ordinances heard and
determined by an Associate Circuit Judge of the Circuit Court of Linn
County, Missouri, the County in which the City of Marceline is located.
[Ord. No. 17-12.57, 12-19-2017]
The division of the Circuit Court of Linn County, Missouri,
which hears and determines violations of the ordinances of the City
of Marceline, Missouri, shall be known as the "Municipal Division
of the Circuit Court of Linn County, Missouri" (hereafter "Marceline
Municipal Division").
[Ord. No. 17-12.57, 12-19-2017]
All Marceline, Missouri, municipal cases are hereby transferred
to the Associate Circuit Court Division of the Linn County, Missouri,
Circuit Court and the Associate Circuit Judge shall hear and determine
violations of the ordinances of the City in a courtroom provided by
the County; provided, however, ordinance violations shall continue
to be heard in the courtroom in Marceline, Missouri, until such transfer
has been approved by the Circuit Court and Office of State Courts
Administrator.
[Ord. No. 17-12.57, 12-19-2017]
All prosecutions for violations of the City ordinances shall
be instituted by information and shall be based upon a notice of violation.
Proceedings shall be in accordance with the Supreme Court Rules governing
practices and procedures in proceedings before municipal judges.
[Ord. No. 17-12.57, 12-19-2017]
The City shall appoint an attorney to prosecute violations of
City ordinances on behalf of the City before the judge hearing such
violations. The City shall determine the compensation of the attorney
and the expenses to be paid. Such compensation and expenses shall
be paid by the City.
[Ord. No. 17-12.57, 12-19-2017; Ord. No. 19-11.13, 11-19-2019]
In addition to any fine that may be imposed by the Associate
Circuit Judge, there shall be assessed as costs, in all cases, the
following:
A.
Costs
of court in the amount of fifteen dollars ($15.00).
B.
The
cost of training Marceline Law Enforcement Officers in the amount
of two dollars ($2.00); such court cost shall be transmitted monthly
to the Treasurer of the City and 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.
C.
The
cost of one dollar ($1.00) to be deposited into the Peace Officers
Standards and Training Commission Fund to be used statewide for training
Law Enforcement Officers pursuant to Section 590.178, RSMo.
D.
A fee
in an amount of seven dollars ($7.00), to be collected and disbursed
as provided by Sections 488.010 to 488.020, RSMo. All such moneys
shall be payable to the Director of Revenue, who shall deposit all
amounts collected pursuant to said Section to the credit of the statewide
Court Automation Fund established by Section 476.055, RSMo. Except
that no such fee shall be collected in any proceeding involving a
violation of an ordinance when a criminal proceeding has been dismissed
by the court or when costs are waived or are to be paid by the City.
E.
A surcharge
of seven dollars and fifty cents ($7.50) shall be assessed pursuant
to Section 595.045, RSMo.; except that no such fee shall be collected
in any proceeding in any court when the proceeding or the defendant
has been dismissed by the court or when costs are to be paid by the
State, County or municipality. The moneys collected by clerks of the
courts pursuant to the provisions of Subsection 1 of Section 488.5339,
RSMo., shall be collected and disbursed in accordance with Sections
488.010 to 488.020, RSMo.
F.
A surcharge
of two dollars ($2.00) is to be collected by the Associate Circuit
Court and transmitted monthly to the City of Marceline for the Inmate
Security Fund as provided in Section 488.5026, RSMo. Such surcharge
shall also be assessed in cases in which pleas of guilty are processed
in the Violations Bureau. No such surcharge shall be collected when
the proceeding or defendant has been dismissed by the court, when
costs are waived, or when costs are paid by the State, County or municipality.
G.
Actual
costs assessed against the City by the County Sheriff for apprehension
or confinement in the County Jail.
H.
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 the Associate
Circuit Court.
I.
Any
other reasonable cost as may be otherwise provided by ordinance and
permitted under the laws of the State of Missouri, including, but
not limited to, costs of confinement, including any necessary transportation
related thereto, medical costs incurred by the City while a defendant
is in City custody, and costs related to the arrest and testing of
any person for any intoxication related traffic offenses as set out
in this Section.
J.
Reimbursement
Of Certain Costs Of Arrest.
1.
Upon a plea or a finding of guilty of violating the provisions of Sections 342.020 or 342.030 of this Code or any ordinance of the City of Marceline 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 of the costs associated with such arrest.
2.
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 cost of processing,
charging, booking and holding such person in custody.
3.
The Chief of Police shall establish a schedule of such costs hereby
authorized and shall submit the same to the Associate Circuit Judge.
However, the Court may order the costs reduced if it determines that
the costs are excessive.
4.
Upon receipt of such additional costs authorized by this Subsection,
the City Treasurer shall retain such costs in a separate fund to be
known as the "DWI/Drug Offense Cost Reimbursement Fund." Moneys within
such fund shall be appropriated by the City Council to the Police
Department in amounts equal to those costs so collected and shall
be used by such Department specifically to enhance and support the
enforcement and prosecution of alcohol- and drug-related traffic laws
within the City.
K.
Work/Construction
Zone. Any person who is convicted or pleads guilty to a speeding violation
or passing/overtaking a vehicle in a work/construction zone when there
was any person present performing duties in the work/construction
zone and appropriate signs were posted stating "Warning: $250 fine
for speeding or passing in this work zone" shall be assessed a fine
of two hundred fifty dollars ($250.00) in addition to any other fine
assessed; except that any person assessed the fine of two hundred
fifty dollars ($250.00) shall not also be assessed the fine of thirty-five
dollars ($35.00) for any of the following offenses in a construction
or work zone: any moving violation or violation of speeding, leaving
the scene, careless and imprudent driving, operating without a valid
license, operating with a suspended or revoked license, obtaining
a license by misrepresentation, driving while intoxicated, under the
influence or BAC, any felony offense involving the use of a vehicle,
or failure to maintain financial responsibility.
L.
Other
costs as may be required by State law or Supreme Court Rule.
[Ord. No. 17-12.57, 12-19-2017]
Notice of passage of this Chapter shall be provided in writing
to the Presiding Judge of the 9th Judicial Circuit and Linn County
Circuit Clerk. A copy of this Chapter and the notice to the Presiding
Judge and Circuit Clerk shall be sent in writing to the Office of
State Courts Administrator.
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.
