Laddonia Missouri

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Chapter 125

MUNICIPAL COURT

ARTICLE I

General Provisions ¹

Section 125.010. Violations — To Be Heard By Associate Circuit Judge.

A. The Municipal Judge of the City of Laddonia shall be the Associate Circuit Judge for Audrain County, Missouri, pursuant to the City’s election under Section 479.040, RSMo.

B. The Board of Aldermen reserves the power and right to alter the method and manner of choosing the Municipal Judge in the future.

C. The Board of Aldermen approves the City’s desire to have the Associate Circuit Judge of Audrain County serve as Municipal Judge.

Section 125.020. Municipal Division — Circuit Court.

The Division of the Circuit Court of Audrain County, Missouri, which hears and determines violations of the ordinances of the City of Laddonia shall be known as the “Municipal Division of the Circuit Court of Audrain County, Missouri.”

Section 125.030. Failure To Appear in Municipal Court.

A. A person commits the offense of failure to appear in Municipal Court if:

1. He/she has been issued a summons for a violation of any ordinance of the City of Laddonia and fails to appear before the Judge of the Municipal Court at the time and on the date on which he/she was summoned, or at the time or on the date to which the case was continued;

2. He/she has been released upon recognition of bond and fails to appear before the Judge of the Municipal Court at the time and on the date on which he/she was summoned, or at the time or on the date to which the case was continued;

3. He/she has been placed on Court supervised probation and fails to appear before the Judge of the Municipal Court at the time specified by said Judge as a condition of the probation.

B. Nothing in this Section shall prevent the exercise of the Municipal Court of its power to punish for contempt.

Section 125.040. Court Costs.

A. In addition to any fine that may be imposed by the Municipal Judge in any case filed in the Audrain Municipal Division of the 12th Judicial 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 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.

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 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:

a. Ninety-five percent (95%) of such fees shall be paid to the Director of Revenue of the State of Missouri for deposit as provided in Section 595.045.5, RSMo.

b. Five percent (5%) shall be paid to the City Treasury.

4. There shall be assessed a seven dollar ($7.00) surcharge for the statewide Court Automation Fund.

5. 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.

6. Actual costs assessed against the City by the County Sheriff for apprehension or confinement in the County Jail or costs assessed against the City by any other detention facility.

7. 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.

8. 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 City while a defendant is in City custody, and costs related to the arrest and testing of any person for any intoxication-related traffic offense as set out in Section 125.040(9) hereof.

9. Reimbursement of certain costs of arrest.

a. Upon a plea or a finding of guilty of violating the provisions of Sections 325.020 or 325.030 of this Code or any ordinance of the City of Laddonia 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.

d. Upon receipt of such additional costs authorized by this Subparagraph, the City Treasurer shall retain such costs in a separate fund to be known as the “DWI/Drug Offense Cost Reimbursement Fund.” Monies with such fund shall be appropriated by the Board of Aldermen 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.

10. Inmate security fund surcharge.

a. In accordance with Section 488.5026, RSMo., a surcharge of two dollars ($2.00) shall be assessed as costs in Court proceedings filed in the Audrain Municipal Division of the 12th Judicial Circuit Court for an infraction and violation of a municipal ordinance; except no such fee shall be collected 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.

b. The monies collected by the Laddonia Municipal Court Clerk(s) who shall, at least monthly, transmit all such fees collected to the City Treasurer.

c. The City Treasurer shall deposit funds generated by the surcharge into the “Inmate Security Fund.” Funds deposited shall be utilized to develop and maintain a biometric verification system and to pay for any expenses related to custody and housing and other expenses for prisoners.

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.

Section 125.050. Fines and Costs — Where Paid.

In cases of violations of ordinances of the City submitted to, heard and determined before an Associate Circuit Judge, all fines shall be paid to and deposited at least monthly into the City Treasury and all court costs shall be accounted for and remitted to the State Treasury in the same manner as provided by law for costs in misdemeanor cases.