HomeMy WebLinkAbout2099 Amending Court OperationsBILL NO.2025-061 ORDINANCE NO. GC�
AN ORDINANCE AMENDING THE CITY CODE PERTAINING TO MUNICIPAL
COURT OPERATIONS
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE,
MISSOURI, AS FOLLOWS:
SECTION 1 - AMENDMENT. That City Code Section 130.080 is hereby amended to read as
follows (deletions contain a strikethrough; additions are underlined):
Section 130.080. Report to Board of Aldermen.
A list of all eases heard .. tr4e'd- before the Cou c-dUF-Bg the prcccding-month,
eneh ease the name of the defendant, the fine imposed if fthe amount of e0sts,
the nfime-s-
of the defendants e mitt d d theeases .,here there _as an pl_..._t_.._ f_F trial J_ - __
r-eThe speetively.pr-epnr-ed under- oath by the Munieipal Court Cler4i or- the
Munieipal judge.
On or before the 15th of each month, the Municipal Division shall submit to the Cite a
com of the monthIN case load summarN report for the precedim-, month reUuired bN Court
Operatim., Rule 4.28. This report will be filed with the City Clerk, who shall thereafter forward the
same to the Board of Aldermen of the City for examination at its first (1 st) session thereafter. The
Municipal Court shall, within the ten (10) days after the first (1st) of the month, pay to the Municipal
Treasurer the full amount of all fines collected during the preceding month, if they have not previously
been paid.
SECTION 2 - AMENDMENT. That City Code Section 130.180 is hereby amended to read as
follows (deletions contain a strikethrough; additions are underlined):
Section 130.180. Jailing of Defendants
A. If, in the opinion of the Municipal Judge, the City has no suitable and safe place of
confinement, the Municipal Judge may commit the defendant to the County Jail or to any
private correctional facility with which the City maintains a contractual arrangement for the
jailing of City prisoners, and it shall be the duty of the Sheriff or the Jailer of any private
facility upon receipt of a warrant of commitment from the Judge to receive and safely keep
such prisoner until discharged by due process of law. The municipality shall pay the board of
such prisoner at the same rate as may now or hereafter be allowed to the Sheriff or to any
private confinement facility for the keeping of such prisoner in his/her or its custody. The
same shall be taxed as eosts. No prisoner shall at any time or in any manner be released or
transferred from custody unless and until the Chief of Police or an authorized member of the
Police Department has conducted an inquiry of the Missouri Uniform Law Enforcement
System (MULES) and an inquiry of the National Crime Information Center (NCIC) to
determine whether there are any pending outstanding warrants for misdemeanors and/or
felonies on such prisoner who is to be released, whether the prisoner has been convicted of a
crime or is being held on suspicion of charges.
B. The Municipal Judge may not sentence a defendant to confinement for failure to pay a fine
for a minor traffic violation or municipal ordinance violation, as defined in Section
100.240(D)(1) and 100.240(E)(1) of this Code and Section 479.350, RSMo., unless such non-
payment 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
Municipal Judge.
SECTION 3 — AMENDMENT. That City Code Section 130.250 is hereby amended to read as
follows (deletions contain a strikethrough; additions are underlined):
Section 130.250. Clerk of the Municipal Court.
A. There is hereby created a position of Municipal Court Clerk. The duties of the Municipal
Court Clerk shall be as follows:
1. To collect such fines for violations of such offenses as may be described, and the Court
costs thereof.
2. To safely and properly keep all bond money and fine money and to promptly deliver the
same to the City Treasury.
3. To render a monthly accounting of all funds coming to the City or deposited with the
City by virtue of the Pollee Municipal Court.
4. To take oaths and affirmations.
5. To accept signed complaints, and allow the same to be signed and sworn to or affirmed.
6. Sign and issue subpoenas requiring the attendance of witnesses and sign and issue
subpoenas duces tecum.
7. Perform all other duties as provided for by ordinance, by rules of practice and procedure
adopted by the Municipal Judge and by the Missouri Rules of Practice and Procedure in
Municipal and Traffic Courts and by Statute.
8. Maintain, properly certified by the City Clerk, a complete copy of the ordinances of the
City of the municipality which shall constitute prima facia evidence of such ordinance
before the Court.
9. To keep a record of all cases filed and the disposition thereof.
10. To promptly process all appeals.
11. To certify to the Department of Revenue the record of conviction for all moving traffic
violations.
12. To perform such other duties as directed by the Municipal Judge and/or the QtF
or. in the case of performing non -court related functions the Cite
Administrator.
SECTION 4 — AMENDMENT. That City Code Section 130.260 is hereby amended to read as
follows (deletions contain a strikethrough; additions are underlined):
Section 130.260. Court Costs.
In addition to any fine that may be imposed by the Municipal Judge, there shall be assessed as costs
in all cases the following:
I. Costs of Court in the amount of twelve dollars ($12.00).
2.
provided before the Assoeiate CiFeUit judge in criminal . Reserved.
3. Aetual eosts assessed against the the County Sh •ff for- appr-ehension City h � a�v
jail.r-onfineffient in the County
Reserved.
4. 14 l.,age, in the same amount as j+ ♦ tSheriff•a d h • 1 1 ti -, f
eoeh mile and fr-action thereof the Offieff must travel (in both dir-eetions) in or-deF tO
serve any . nt Vl rVl ..,:t., ent or order- f this Court. Reserved.
5. Pursuant to Section 488.607, RSMo., an additional four dollars ($4.00) for the benefit of
shelters for victims of domestic violence established pursuant to Sections 455.200 to
455.230, RSMo. [Ord. No. 1692, 11-19-20191
6. Additional court costs. In addition to any other costs or fees, an additional sum of three
dollars ($3.00) shall be assessed as costs to be added to the basic costs in Subsection (1)
of this Section in any municipal ordinance violation, provided that no such cost shall be
collected when the proceeding or the defendant has been dismissed by the Court. All
sums collected pursuant to this Subsection shall be distributed as follows:
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.
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.
An additional sum of seven dollars fifty cents ($7.50) shall be assessed and added to the
basic costs in Subsection (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 to the Crime Victims' Compensation Fund and the Services to
Victims Fund as provided in Section 595.045, RSMo.
b. Five percent (5%) shall be paid to the City Treasury.
Pursuant to Section 488.5026, RSMo., an additional two dollars ($2.00) for all criminal
cases, with the funds to be deposited in an "Inmate Security Fund" for the purpose of
maintaining a biometric verification system and shall be collected and disbursed in
accordance with Sections 488.010 to 488.020, RSMo., and shall be payable to the City
Treasurer, except that no such fee shall be collected in any proceeding 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. Funds deposited shall be utilized to develop
biometric verification systems to ensure that inmates can be properly identified and
tracked within the local jail system. Upon the installation of the biometric verification
system, funds in the Inmate Security Fund may be used for the maintenance of the
biometric verification system and to pay for any expenses related to custody and housing
and other expenses for prisoners.
9. Reimbursement of certain costs of arrest.
a. Upon a plea or a finding of guilty for a first (1 st) offense of violating the provisions
of an ordinance of the City of Riverside 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 shall 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 Subsection, the City
Treasurer shall retain such costs in a separate fund to be known as the "DWI/Drug
Offense Cost Reimbursement Fund". Monies within 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. Fines —where held.
a. All fines, bonds and Court funds may be deposited to a separate account and paid
over not less frequently than monthly into the Municipal Treasury.
b. The Court Clerk is hereby authorized to pay out funds as authorized by the Court
or by law on warrants drawn on the City.
11. In all cases for violation of an ordinance, a surcharge of seven dollars ($7.00) is to be
collected by the Municipal Court and transmitted monthly to the Missouri Director of
Revenue for the State Court Automation Fund as provided in Sections 488.012.3(5) and
488.027, 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 to the State, County, or municipality.
SECTION 5— EFFECTIVE DATE. This ordinance shall be in full force and effect from and after
the date of its passage and approval.
BE IT REMEMBERED that the above was read two times by heading only, PASSED AND
APPROVED -by 'a�majority of the Board of Aldermen and APPROVED by the Mayor of the City of
Riverside 'iW,3th a 0-f,August, 2025.
Mayor Kathleen L. Rose
ATTEST - .a
rah'Wagner, Deputyerk