AN ORDINANCE PROVIDING FOR
MUNICIPAL COURT BONDS, COURT COSTS AND
PAYMENT IN LIEU OF COURT APPEARANCE
WHEREAS, by Ordinance No. 1067 passed on the 23rd day of December 1996 and Ordinance No. 1166 and 1167 passed on the 11th day of February, 2003, the City of Rich Hill adopted ordinances setting out a bond, fine and court cost schedule for the Municipal Court of Rich Hill, Missouri ; and
WHEREAS, the Board of Alderman desire to repeal Ordinance No. 1067, 1166, and 1167 and in place thereof enact the following provisions governing municipal court bonds, court costs and payments of fine and cost in lieu of court appearances.
NOW THEREFORE, BE IT ORDAINED by the Board of Alderman of the City of Rich Hill, Missouri as follows:
SECTION 1. BAIL OR APPEARANCE BONDS
Any person arrested for violation, failure, neglect or refusal to comply with any provision, regulation or requirement of this Code or any other ordinance may be admitted to bail, by executing a bail bond to the City, with good and sufficient security, to be approved by the judge of the Municipal Court, or in his absence or inaccessibility, by the Clerk of the Municipal Court , in the sum of not less than two dollars ($2.00) nor more than five hundred dollars ($500.00), conditioned that such person will appear upon the day named therein, not longer than thirty (30) days from the date of the bond, before the Municipal Court, and await his trial upon the charge against him. Every bail bond shall be forthwith filed with the Clerk of the Municipal Court by the officer taking the same; provided that no attorney-at –law, police officer, or any officer of the City whatever , elected or appointed, shall be taken as security upon any bail bond provided for in this Section. In lieu of sureties on the bond, with the judge of the Municipal Court, or in his absence or inaccessibility, with the Clerk of the Municipal Court, Chief of Police or assistant Chief of Police, or any officer in charge of the police department, such officer shall state on the bail bond the receipt of such cash deposit.
The City shall in no manner be responsible to any depositor of a cash bail bond but the person receiving such deposit shall be prosecuted by the City Attorney or other proper officer to the use of the depositor or City, for failure to account for and pay over the deposit.
SECTION 2. FAILURE OF DEFENDANT TO APPEAR.
If a defendant giving a bail bond or cash deposit shall fail to appear when and where the case in which the same is given is called in the Municipal Court, the Municipal Judge may order the defendant to be apprehended and brought before him, or the Municipal Judge may render a judgment or forfeiture for the full amount of such bond or deposit and such bail bond or cash deposit shall be declared forfeited. If a bail bond has been given, the amount of the judgment theron shall be collected from the defendant and his sureties according to law including the issuance of execution. In case where cash deposits have been made and the same shall have been declared or forfeited, the deposit shall at once be delivered to the Chief of Police, who shall make an entry of its receipt as part of the record of the case and shall hold the money for four days, at the end of which the Chief of Police shall deliver the money to the City Treasurer.
The Municipal Judge may, for good cause, set aside forfeiture at any time within four days from the date of forfeiture.
SECTION 3. PAYMENT OF STANDARD FINE AND COSTS IN LIEU OF COURT APPPEARANCE.
Except for those cases as designated by the Municipal Court Judge that require the appearance in Court by the Defendant, or for any other offense that the officer who is writing the citation indicates that the defendant must appear in court, a defendant charged with a municipal ordinance violation may pay the standard fine and costs as approved by the Municipal Court Judge from time to time in lieu of a court appearance provided such payment is made to the Municipal Court Clerk prior to the scheduled court date.
SECTION 4 COURT COSTS
a. In addition to any fine that may be imposed by the Municipal Judge, there shall be assessed as costs in all cases of the following.
(1) As costs of any case pending in the Municipal Division of the City of Rich Hill, Missouri, the judge shall assess against the defendant, pleading guilty or found guilty, the amount of twelve dollars ($12.00) for Municipal Court costs.
(2) The court shall have the option of assessing against any defendant pleading guilty or found guilty of any municipal ordinance violation the sum of two dollars ($2.00) to be credited to the law enforcement-training fund. Such cost shall be paid to the Treasurer and expended to pay for the training required by Section 590.150 RSMo., 1979, Supp., providing that any excess funds not needed to pay for such training may be used to pay for additional training for Peace Officers or for training of other Law Enforcement Officers employed or appointed by the municipality.
(3) Peace Officers Standards and Training Commission Fund. The Court shall have the option of assessing a one dollar ($1.00) surcharge as costs against the defendant pleading guilty or found guilty of any municipal ordinance violation to be credited to the Peace Officer Standards and Training Commission Fund to be sent to the State Treasury pursuant to Section 590.140 RSMo., for the purpose of law enforcement training.
(4) Court costs for victims of domestic violence. In addition to all other court costs of City ordinance violations, the sum of two dollars ($2.00) of Court costs shall be collected for the purpose of providing operating expenses for shelters for victims of domestic violence established pursuant to Sections 455.200 to 455.230 RSMo., as authorized by Section 488.607, RSMo., provided that the Judge may waive assessment of the cost in those cases where the defendant is found by the Judge to be indigent and unable to pay the cost.
(5) The Court shall assess seven dollars and fifty cents ($7.50) costs against any defendant, pleading guilty or found guilty of any ordinance violation, said costs to be for the benefit of the Crime Victim’s Compensation Fund.
(6) Costs for issuance of a warrant, a commitment, a summons, a subpoena, continuance, or other process or proceeding, as provided for before the Associate Circuit Judge in Criminal cases in the 27th Judicial Circuit.
(7) Apprehension and confinement costs shall be the actual costs assessed against the City by theCountySheriff.
(8) Actual expense incurred in any other confinement facility.
(9) Mileage in the same amount as authorized for the Sheriff for each mile or fraction thereof an officer must travel (in both directions), in order to serve any warrant or commitment or order of the court.
b. A trail de novo application for municipal ordinance violation shall be thirty dollars ($30.00)
SECTION 5 COURT COSTS, DUTY OF PROSECUTOR.
The City Attorney may, when he is not satisfied that the information is made for the purpose of public justice, or that the evidence is sufficient to obtain the conviction of the accused, require the prosecutor to deposit with the Municipal Court Clerk a sufficient amount of money for the payment of all costs that may accrue, or else give bond and security for costs; and in such case, if the accused is acquitted, the court shall render judgment against prosecutor for costs.
SECTION 6. COURT COSTS, ASSESSMENT.
The costs of any action may be assessed against the prosecuting witness and judgment entered against said witness that said witness pay the same and the witness committed until said costs are paid in any case where the Municipal Court finds that the prosecution was commenced vexatiously or without probable cause or in such case when the prosecuting witness fails to appear without good cause or on appearing, refuses to testify on other constitutional grounds.
SECTION 7. INCONSISTENT ORDINANCES REPEALED.
Ordinance Number 1067, 1166, and 1167 and all other or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.
SECTION 8. EFFECT OF INVALIDITY ON ANY PART OR ORDINANCE
The invalidity of any section, clause, sentence or provision of this ordinance shall not affect the validity of any other part of this Ordinance which would then be given effect not withstanding such invalid part or parts.
SECTION 9. EFFECTIVE DATE
This ordinance shall be in full force and effect from and after its passage and approval as provided by law..
READ TWO TIMES AND PASSED THIS 22nd DAY OF FEBRUARY, 2005.
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Tammy Williams, Mayor
ATTEST:
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Rose Entrikin, City Clerk
Ayes: Steuck, Turner, Heckadon, Miller
Nays: None
CERTIFICATION BY THE CLERK
STATE OFMISSOURI )
) AS
COUNTYOFBATES )
I, Rose Entrikin, Clerk of the CITY OF RICH HILL, in the County and State aforesaid, do hereby certify that the above and foregoing ordinance providing for is a true and correct copy of the Ordinance No.1224 duly adopted by the Board of Alderman of the CITY OF RICH HILL, Missouri at their regular meeting on the 22nd day of February, 2005.
IN WITNESS WHEREOF, I hereby set my hand and affix the seal of the said City at my office in Rich Hill, Missouri. _____________________________________________
Rose Entrikin, Clerk ofCity of Rich Hill,Missouri
