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BULLET St. Louis City Revised Code Chapter 3.08 City Courts

St. Louis City Revised Code (annotated) has been converted to electronic format by the staff of the St. Louis Public Library. This electronic version has been done for the interest and convenience of the user. These are unofficial versions and should be used as unofficial copies.

Official printed copies of St. Louis City Revised Code may be obtained from the Register's Office at the St. Louis City Hall.



Chapter 3.08
City Courts

Sections:

3.08.010 Division of case load.
3.08.020 Acting judges.
3.08.030 Place of holding court.
3.08.040 Jurisdiction--Proceedings are civil actions.
3.08.050 Sessions and holidays.
3.08.060 Guilty pleas to be heard first.
3.08.070 Judges--Appointment.
3.08.080 Judges--Qualifications.
3.08.090 Judges--Powers and jurisdiction.
3.08.095 Warrants issued by municipal judges.
3.08.100 Rules of practice and procedure--Judges to establish.
3.08.110 Rules of practice and procedure--Publication--Filing.
3.08.120 Rules of practice and procedure--Amendment by ordinance.
3.08.130 Prosecution on complaint without filing an information.
3.08.140 Continuances.
3.08.150 Analysis of cases--Report to Mayor.
3.08.160 Clerk of the City Courts--Appointment--Term--Oath--Bond.
3.08.170 Clerk of the City Courts--Deputies.
3.08.180 Clerk of the City Courts--Duties.
3.08.185 Records open to inspection--Destruction of records.
3.08.190 Jury trial--Request--Selection--Verdict.
3.08.200 Jury trial--Deposit.
3.08.210 Swearing of jurors.
3.08.220 Penalty when guilty.
3.08.230 Jurors fee.
3.08.240 Amount of costs.
3.08.250 Deposit to cover cost upon change of venue.
3.08.260 Officers to attend as witnesses.
3.08.270 Witness fee payment--Certificate of amount.
3.08.280 Processes and notices on City to be served on City Counselor.
3.08.290 Affidavit upon part of City to be made by City Counselor.
3.08.300 Collateral security until appeal is perfected.
3.08.310 When complainant or informant required to deposit costs.
3.08.320 Accounts for costs.
3.08.330 Marshal--Duty to bring persons in custody before court.
3.08.340 Marshal--Daily report.
3.08.350 Convicted and sentenced prisoners.
3.08.360 Janitors.
3.08.370 Court costs--Surcharge.
3.08.375 Court costs--Surcharge--Fund.
3.08.380 Court costs--Additional surcharge.
3.08.385 Additional court cost--Certain municipal ordinance violation cases.
3.08.390 Additional court cost--Municipal ordinance violations.
3.08.392 Additional court cost.
3.08.395 Collection--Disbursement.
3.08.400 Waiver of fee.
3.08.410 Additional court cost--Violation of City ordinance or any criminal or traffic laws of the State.

Charter:

Art. XII City courts.

McQuillin:

27.01 et seq. Courts (municipal).

3.08.010 Division of case load.

The judges of the City Courts may by duly established rule, provide for the apportionment of cases between the four courts of the City without regard for the place where violations occur within the City.
(Ord. 56485 1, 1973: prior: Ord. 52095 2, 1963: 1948 C. Ch. 15 1: 1960 C. 170.010.)

3.08.020 Acting judges.

There shall be four City Courts, which shall be called City Court One, City Court Two, City Court Three and City Court Four, each to be held by a City Court Judge.

When the judge of any such court is absent or unable to hold court, the Mayor may appoint an eligible person to act during such absence or inability, who shall, for the time being, possess all the powers, take and subscribe to the same oath, and perform all the duties which are enjoined upon City Court Judges by law and ordinances, and the acts of such judge, officiating for the City Court Judge, shall have the same legal sanction and force as though performed by the City Court Judge in person. For the service rendered by the person officiating in the stead of a City Court Judge he shall be allowed the same salary pro rata as the City Court Judge would be entitled to receive. In case a City Court Judge should be absent by reason of sickness, the salary of the person officiating in his stead shall be made chargeable to appropriations for salaries. The Clerk of the City Courts shall certify to the Comptroller the length of time any person officiating as aforesaid shall have served, whereupon the Comptroller shall issue his warrant accordingly.
(Ord. 56485 1, 1973: 1948 C. Ch. 15 2: 1960 C. 170.020.)

3.08.030 Place of holding court.

City Courts One, Two, Three and Four shall be held in the building known as the Municipal Courts Building, located on the south side of Market Street, between Thirteenth Street and Fourteenth Street, in such place as directed by ordinance, or, in case of an emergency, in such place as the Mayor may direct.
(Ord. 56485 1, 1973: 1948 C. Ch. 15 3: 1960 C. 170.030.)

3.08.040 Jurisdiction--Proceedings are civil actions.

The City Courts shall have jurisdiction of all suits for the recovery of any fine, forfeiture or penalty imposed for the violation or breach of any ordinance, which suits and proceedings therein shall be in the nature of a civil action.
(1948 C. Ch. 15 5: 1960 C. 170.040.)

City Counselor Ops.: 9507

Cases:

City could not appeal acquittal of defendant by municipal court because a second trial would subject defendant to double jeopardy Kansas City v. Bott, 509 S.W. 2d 42 (1974).

Only the defendant may appeal from an ordinance violation prosecution, such prosecution being in the nature of a civil action, Kansas City v. Bott, 509 S.W. 2d 42 (1974).

A defendant who was convicted in municipal court for violation of city ordinances could not be tried by the state for grand larceny based on the same acts as were involved in violation of the ordinances as it would constitute double jeopardy. Waller v. Florida, 397 U.S. 387, 90 S. Ct. 1684 (1970).

City courts have jurisdiction of all cases arising from the violation of city ordinances. State v. Mathews, 159 S.W. 2d 767 (1942); State v. Mathews, 162 S.W. 2d 352 (1942); St. Louis v. Bouchkaert, 185 S.W. 2d 886 (1945).

A prosecution for violation of a city ordinance is in the nature of a civil action. City of St. Louis v. Fitch, 353 Mo. 706, 183 S.W. 2d 828 (1944).

City courts can impose a prison sentence. St. Louis v. Von Hoffman, 280 S.W. 421, 312 Mo. 600 (1926).

3.08.050 Sessions and holidays.

There shall be daily sessions of the City Courts, excluding Saturdays, Sundays and the following holidays: New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Armistice Day, Thanksgiving Day, Christmas Day, Rev. Dr. Martin Luther King Day, and any primary or general City, State or national election day. Sessions shall commence in City Courts numbered one and two at eight a.m. and in City Courts numbered three and four at one p.m., and all cases set for each day shall be tried on that day unless continued to another date.
(Ord. 56709 1, 1974: 1960 C. 170.050.)

3.08.060 Guilty pleas to be heard first.

All courts shall first hear and dispose of cases in which persons desire to plead guilty in person or by representatives according to law.
(Ord. 56709 2, 1974.)

3.08.070 Judges--Appointment.

The Mayor shall appoint the City Court Judges, who shall hold their office for four years, and until their successors are appointed and qualified.
(1948 C. Ch. 15 10: 1960 C. 172.010.)

Charter:

Art. VII I Appointment of city court judges and clerks of city courts

3.08.080 Judges--Qualifications.

A person to be eligible to the office of City Court Judge shall be a licensed and practicing attorney for at least five years prior to his appointment and a citizen of the United States.
(Ord. 55708 2, 1970: 1948 C. Ch. 15 11: 1960 C. 172.020.)

City Counselor Ops.: 10080

3.08.090 Judges--Powers and jurisdiction.

The City Court Judges, or any acting City Court Judge pro tem, shall have and exercise such powers and jurisdiction as is or may be conferred by the Charter or by ordinance.
(1948 C. Ch. 15 4: 1960 C. 172.040.)

3.08.095 Warrants issued by municipal judges.

A. The judges of the Municipal Division of the Circuit Court of the City are hereby authorized to issue warrants for access to premises to determine the presence of vehicles which are public safety hazards and to abate such hazards.

B. Upon the showing of probable cause, a suitably restricted warrant may be issued upon the sworn application of the City Counselor's Office pursuant to procedures issued by the administrative judge of the Municipal Division.
(Ord. 64443 1, 2, 1998.)

3.08.100 Rules of practice and procedure--Judges to establish.

The judges of the City Courts are empowered to establish uniform rules of practice and procedure for the City Courts supplementary to and consistent with the Missouri rules of practice and procedure in municipal and traffic courts and any applicable law. The judges shall fix the day on which the rules take effect, but no rule shall take effect until ten days after its publication.
(Ord. 49851 1, 1960: 1960 C. 171.010.)

Supreme Court Rules:

Rule 37.01 et seq. Missouri rules of practice and procedure in municipal courts.

City Counselor Ops.: 8861, 8921, 8922, 9869

3.08.110 Rules of practice and procedure--Publication--Filing.

It shall be the duty of the Clerk of the City Courts to cause publication of rules in "The City Journal," and to keep copies of the rules on file in the office of the Clerk of the City Courts for inspection.
(Ord. 49851 2, 1960: 1960 C. 171.020.)

Supreme Court Rules:

Rule 37.01 et seq. Missouri rules of practice and procedure in municipal courts.

City Counselor Ops.: 8736, 8861, 8921, 8922, 9869

3.08.120 Rules of practice and procedure--Amendment by ordinance.

Any rule promulgated pursuant to authority granted in Section 3.08.100 may be annulled or amended by ordinance.
(Ord. 49851 3, 1960: 1960 C. 171.030.)

Supreme Court Rules:

Rule 37.01 et seq. Missouri rules of practice and procedure in municipal courts.

City Counselor Ops.: 8861, 8921, 8922, 9869

3.08.130 Prosecution on complaint without filing an information.

In order to supplement the Missouri rules of practice and procedure in municipal and traffic courts promulgated by the Supreme Court of Missouri July 1, 1959, the prosecutors of the municipal courts are authorized and empowered to prosecute on a complaint without filing an information.
(Ord. 49850 1, 1960: 1960 C. 171.130.)

3.08.140 Continuances.

In accord with Section 37.39 of the Rules of the Missouri Supreme Court which provides that continuances may be granted only upon good cause being shown, it is provided that in all prosecutions in the city courts for violations of Chapter 390 through Chapter 394 of the Revised Code of the city (known as the "Minimum Housing Standards Law") or of the Building Code of the City, being Volume II of the Revised Code of the City, after one continuance has been granted to either party, further continuances shall:

A. Not be granted unless the party making the request shall file with the court his sworn affidavit setting forth reasons for the continuance, from which the Court may decide whether or not good cause is shown;

B. Not exceed one week or until the next date which the court shall be in session.

The total of all continuances of prosecutions in the city courts for violation of Chapter 390 through Chapter 394 of the Revised Code or of the Building Code of the City, being Volume II of the Revised Code, 1960, shall not exceed six weeks, including the first continuance. Nothing contained herein should be interpreted or construed as being in conflict with Section 37.39 of the Rules of the Missouri Supreme Court.
(Ord. 55375 1, 1969: 1960 C. 171.160.)

City Counselor Ops.: 10003, 10073

3.08.150 Analysis of cases--Report to Mayor.

Each of the City Court Judges shall make a careful analysis of all cases upon his docket disposed of by him, and shall make a study of the conditions prevailing in his district with reference to violations of the ordinances of the City. He shall make a semiannual report to the Mayor, on the second days of January and June of each year or more often, when required to do so by the Mayor. The reports shall contain a tabulated statement of the number of cases originating in his district for violation of ordinances, how the same have been disposed of, the aggregate of all fines imposed in each class of cases as well as the aggregate of all fines imposed, the aggregate of fines and costs actually collected in each class of cases, as well as the aggregate of all fines and costs collected in all cases, a statement of the fines and costs which have been imposed but not collected, and a general statement as to why the same have not been collected. Each report shall discuss in narrative form, the conditions which prevail in the district with reference to violations of City ordinances, and more especially those whose purpose is the safeguarding of public morals and decency. It shall be the duty of each City Court Judge at frequent intervals, to confer with the Chief of Police and other police officials of the city, as well as with the heads of departments of the city government, with a view to the better enforcement of the city ordinances. The city court judges shall incorporate in their several reports a statement as to how police officials and heads of departments of the city government have cooperated with them in the enforcement of ordinances. The reports shall also contain recommendations from the city court judges of such amendments to the city ordinances as in their opinion will further the interests of justice and facilitate the procedure in their courts.
(1948 C. Ch. 15 6: 1960 C. 172.050.)

3.08.160 Clerk of the city courts--Appointment--Term--Oath--Bond.

There is created the office of clerk of the city courts. The Mayor shall appoint the clerk of the city courts, who shall hold his office for four years, and until his successor is appointed and qualified. He shall take the oath required of city officers and give bond to the city in the sum of five thousand dollars, with one or more securities, to be approved by the comptroller, conditioned for the faithful performance of the duties required of him by law and ordinance, and for paying to the treasurer or any person entitled thereto, all moneys that come to him.
(1948 C. Ch. 15 12: 1960 C. 173.010.)

Charter:

Art. VII I Appointment of city court judges and clerk of city courts

3.08.170 Clerk of the city courts--Deputies.

The clerk of the city courts may appoint nine deputies, who shall aid the clerk in the discharge of his duties and who shall perform services as the clerk may from time to time assign to them and designate. Each deputy clerk is empowered to do and perform all things in the name of the clerk as the clerk is or may be by law empowered to do or perform. Each of the deputies shall be a qualified voter and a resident of the city for at least two years prior to his appointment. Each of the deputies shall give a bond to the city with sufficient security, to be approved by the comptroller, in the sum of two thousand five hundred dollars for the faithful performance of his duties and for the faithful payment to the clerk or treasurer, or any person entitled thereto, of all moneys that may come to him.
(1948 C. Ch. 15 13: 1960 C. 173.020.)

3.08.180 Clerk of the city courts--Duties.

The duties and requirements of the clerk of the city courts shall be:

A. Generally. He shall have the care and custody of all files, dockets and other records of the court. He shall receive, file and preserve all papers which pertain to any proceedings had therein. He shall establish and maintain such files, dockets and other records as required. He shall make out and issue all processes, commitments and executions and when authorized shall sign the same as clerk. He shall have authority to administer oaths and affirmations. He shall tax all costs, subject to appeal to the judges, and shall make out all fee bills therefor. He shall keep financial records pertaining to fines and costs and the collection thereof as the comptroller from time to time may prescribe and make periodic reports of the same to the appropriate authorities of the city. He shall prepare and certify to the correctness of any transcripts of files, dockets or other records or such parts thereof as may be requested of him. His duties when not otherwise prescribed by law shall be governed, as near as may be, by the practice in the office of the clerk of criminal causes for the city.

B. Files. He shall establish a file for each information or complaint filed in the court and shall number each file so established in a distinctive fashion so that no two or more informations or complaints bear the same number; said number shall be termed the "cause number." All pleadings, processes, commitments, executions and other documents pertaining to a cause shall be marked with the appropriate cause number and inserted in the appropriate file. He shall make such entries in the several files from time to time as the judges may direct in order to fully record action taken in relation thereto. He shall store all files of causes which are currently pending in the court in a convenient location and separate from those files in which there has been a final disposition. He shall, at the request of a judge before whom any cause is presently pending, produce the file of such cause for use by said judge at his place of sitting.

C. Dockets. He shall cause to be prepared for each judge at the opening of each day the court is in session a docket of all causes set for trial or other action on that day before each of the judges. He shall enter on the dockets, in an orderly fashion, the cause number, the style of the cause, the nature of the offense and other information concerning the cause as the judges may require. The judges shall note upon their respective dockets the action taken in regard to each particular cause thereon and at the conclusion of each day's session the judges shall sign their respective dockets and return them to the clerk. It shall be the duty of the clerk to file the dockets and the dockets shall become an official record of the court. The dockets shall be termed "judge's docket." All entries and actions set forth on the judge's dockets shall be deemed to be the correct entries and actions of the judge and shall control over any other record or memorandum kept for the court. It is unlawful for anyone other than a judge of the division of the court for which such docket was prepared to change or alter the docket in any manner or form and any change or alteration made by a judge shall be initialed by him at the time of the change or alteration. The clerk, in addition to judge's dockets, shall, from time to time, prepare other dockets as the judges may request, termed "judge's special docket." He shall enter upon the special dockets causes as may be designated by the judge for whom prepared. The special dockets shall in all other respects, however, be governed by the provisions set forth for the daily dockets designated as judge's dockets.

D. Indexes. He shall establish and maintain, in some appropriate form, an index to be termed "general index," which shall consist of the cause numbers arranged in consecutive numerical sequence. Following each cause number he shall enter the following information in regard to each numbered cause as the information becomes available: the name or names of the persons charged; the date of the filing of the charge; the city court where originally set for hearing; the date of the first setting; the exact nature of the final disposition; the date of final disposition; and further information as he may deem advisable or as may be designated by the judges on written notice to the clerk. In addition to the general index, the clerk shall establish and maintain, in some appropriate form, an "alphabetical index," which shall consist of the names of all persons against whom a cause has been filed arranged in alphabetical sequence. Following each name he shall enter the following information: the appropriate cause number corresponding to that as found in the general index; the city court where originally set for hearing; the nature of the offense charged; the date of the filing of the cause; an indication as to whether the cause is presently pending; and further information as he may deem advisable or as may be designated by the judges on written notice to the clerk. He shall also establish and maintain, in some appropriate form, an "appeal index," which shall consist of a chronological list of all causes in which an appeal shall have been taken from a judgment or an order of the court. Every cause entered upon the appeal index shall be identified by its cause number; the name or names of the persons charged therein; the nature of the offense; the date and nature of the judgment or order of the city court appealed from; the particular city court from which the appeal is being taken; the party or parties appealing; and the date the appeal is perfected. The clerk shall, on an appeal being perfected, make out and certify to the court to which the appeal is taken a full transcript of the proceedings had in the cause in the city court, for which (unless the city is the appellant) he shall collect from the appellant a transcript fee of one and one-half dollar, which the clerk shall pay into the treasury within three days after receipt and acknowledge the payment and its date on the appeal index. The clerk shall, from time to time, establish such other indexes and records as he may deem advisable or as may be requested by the judges or other authorized officers upon receipt of a written request for the same from the judges or other authorized officers.
(Ord. 49927 1 (part), 1960: prior 1948 C. Ch. 15 14 (part): 1960 C. 173.030 (part).)

For duty of clerk to certify to comptroller the length of time any acting judge has served, see Section 3.08.020. For duty of clerk to publish rules of court, see Section 3.08.110.

3.08.185 Records open to inspection--Destruction of records.

All files, dockets, and other records and the contents thereof are declared public records and open to public inspection subject only to reasonable regulations governing inspection as may be set forth from time to time by the judges. The judges may, upon the written request of the clerk, authorize the destruction, in some appropriate manner, of any of the files or other records of the court which are no longer current and which are more than three years in age. In no event shall the judges be authorized to order the destruction of the judge's dockets or any judge's special dockets by virtue of or pursuant to this provision.
(Ord. 49927 1 (part), 1960: prior 1948 C. Ch. 15 14 (part): 1960 C. 173.030 (part).).

City Counselor Ops.: 9914

3.08.190 Jury trial--Request--Selection--Verdict.

Trial by jury in the municipal courts shall be discretionary with the municipal judges. A request for a jury shall be made at or before the second setting of the case. If the judge grants a trial by jury, he shall issue an order commanding the city marshal to summon a panel of qualified jurors from the circuit court jury assembly room. The jury panel shall consist of twelve qualified citizens of the city. Each party shall have three peremptory challenges so that the jury for trial shall consist of six members of the jury. The verdict of the jury must be unanimous to convict the defendant. In all other respects, a jury shall be selected in the manner provided for the selection of juries in misdemeanor cases tried in magistrate courts and by Supreme Court rules governing rules of practice and procedures in municipal courts.
(Ord. 56131 1, 1972: 1960 C. 175.010.)

3.08.200 Jury trial--Deposit.

Upon a jury being requested and such request granted, the municipal judge may require the defendant to deposit with the clerk of the city court a sum sufficient for the fees of twelve jurors. The fee is to be the same as is currently set for jurors in the circuit court of the city. The court may also require a deposit for the number of days it anticipates that the trial will consume.
(Ord. 56131 1, 1972: 1948 C. Ch. 15 29: 1960 C. 175.020.)

City Counselor Ops.: 7856

3.08.210 Swearing of jurors.

Jurors shall be sworn or affirmed to well and truly try the matter in issue and a true verdict render, according to the law and evidence.
(Ord. 56131 1, 1972: 1960 C. 175.030.)

3.08.220 Penalty when guilty.

If any jury finds the defendant guilty, it shall assess the penalty within the limits prescribed by the general penalty section of this code if the ordinance prescribes no specific penalty or by the ordinance when it specifically prescribes the penalty.
(Ord. 56131 1, 1972: 1960 C. 175.040.)

3.08.230 Jurors fee.

The six members of the jury finally selected shall be entitled to that fee which is currently set for jurors in the circuit court of the city.
(Ord. 56131 1, 1972: 1948 C. Ch. 15 39: 1960 C. 175.050.)

3.08.240 Amount of costs.

In every suit for violation of city ordinances before city court judges, where the defendant is convicted, the following costs shall accrue, and shall be collected from defendant in like manner with the fine imposed a city court judge's fee of four dollars and seventy-five cents; a clerk's fee of two dollars and fifty cents; a city counselor's fee of three dollars seventy-five cents; a marshal's fee of one dollar; a fee of fifty cents for every witness claiming it; and a fee of three dollars for each day served for every juror claiming it; to be paid into the treasury.
(Ord. 56787 2, 1974: prior: Ord. 56751 2, 1974: Ord. 55334 2, 1969: Ord. 55084 2, 1968: Ord. 48888 1, 1958: Ord. 47692 1, 1956: 1948 C. Ch. 15 33: 1960 C. 177.010.)

City Counselor Ops.: 7856

3.08.250 Deposit to cover cost upon change of venue.

Upon a change of venue being demanded by a defendant, the City Court Judge may require the defendant to deposit with the Clerk of the City Court a sum sufficient to pay the cost of the change of venue.
(1948 C Ch. 15 34: 1960 C. 177.020.)

3.08.260 Officers to attend as witnesses.

Officers shall attend as witnesses against persons whom they have arrested without being summoned, and if they fail to appear at the time of trial, they may be attached and punished for contempt, as witnesses summoned.
(1948 C. Ch. 15 38: 1960 C. 176.010.)

3.08.270 Witness fee payment--Certificate of amount.

Whenever a witness is entitled to and claims his fees for attendance at any City Court, the Clerk of the City Courts shall give him a certificate of the amount due him, stating the name of the defendant and witness, with the date of the trial, and the Marshal shall, on the presentation of such certificate to him, pay the same from any moneys in his possession belonging to the City, when the City fails to sustain the charge and otherwise; provided, that the same has been collected from the defendant, and shall at the end of every month file every certificate with the Comptroller, who shall allow the same in settlement of the Marshal's accounts.
(1948 C. Ch. 15 40: 1960 C. 176.030.)

3.08.280 Processes and notices on City to be served on City Counselor.

All processes and notices which it may be necessary in any suit before the City Court Judge to serve on the City, shall be served on the City Counselor or the person acting in his stead.
(1948 C. Ch. 15 45: 1960 C. 171.050.)

3.08.290 Affidavit upon part of City to be made by City Counselor.

When an affidavit upon the part of the City shall be required in any cause which has originated in a City Court, it shall be made by the City Counselor, his associate or assistant, or, in case of his inability, by any person to whom the facts are known.
(1948 C. Ch. 15 46: 1960 C. 171.060.)

3.08.300 Collateral security until appeal is perfected.

Any defendant wishing to appeal from the judgment of a City Court Judge, and not being ready to enter into bonds, may, before his release from custody, deposit with the Marshal the amount of fine and costs imposed, which shall be received by the Marshal as collateral security for the fine and costs until an appeal is perfected, when it shall be returned to the defendant. If the appeal is not perfected within the time required by law, the collateral shall not be returned to the defendant, but shall be applied to satisfy the fine and costs imposed upon him.
(1948 C. Ch. 15 52: 1960 C. 171.070.)

3.08.310 When complainant or informant required to deposit costs.

The City Counselor or his representative, when he is satisfied that a complaint or information of a violation of an ordinance is made for vexation or without just cause, may, before commencing any proceedings, require the complainant or informant to deposit with the Marshal double the amount of costs that will, in his judgment, accrue in the suit. The City Court Judge may, at any time after the filing of a statement by the City Counselor or his representative, upon motion of the defendant, require the deposit of costs aforesaid. The provisions of this section shall not apply to any report, complaint or information made by any officer of the City in the discharge of his duty.
(1948 C. Ch. 15 53: 1960 C. 171.080.)

3.08.320 Accounts for costs.

The Comptroller shall audit and allow all accounts for costs which shall have accrued in suits before the City Court Judge, or suits appealed from the City Court to the Court of Criminal Correction, and for which the City shall have become liable by reason of judgment against it by the City Court Judge or Judge of the Court of Criminal Correction, as the case may be. Accounts are to be duly certified as correct by the Clerk of the City Courts or the Clerk of the Court of Criminal Correction, as the case may be. The Comptroller shall thereupon draw his warrant therefor upon the Treasurer, payable out of the appropriation for expenses.
(1948 C. Ch. 15 55: 1960 C. 171.090.)

3.08.330 Marshal--Duty to bring persons in custody before court.

At the opening of the City Court each day the Marshal shall bring before the court, for trial, all persons who may be in custody for violation of ordinances. The jail keepers shall, for this purpose, deliver to the Marshal all the prisoners in their keeping. No person whose case has been continued to a later day shall be required to be so brought before the court, unless by order of the City Court Judge.
(1948 C. Ch. 15 27: 1960 C. 171.040.)

City Counselor Ops.: 8736

3.08.340 Marshal--Daily report.

The Marshal shall make daily, for the information and use of the Mayor, a special report of the proceedings of each City Court, in which he shall enter the names of every person fined, in the order in which their names appear on the docket of the City Court Judge, the date of trial, the violation of offense alleged and the judgment rendered. The report shall be carefully compared with the docket of the City Court, at the adjournment of the City Court, and when compared shall be signed by the Marshal and immediately forwarded to the Mayor.
(1948 C. Ch. 15 57: 1960 C. 171.100.)

3.08.350 Convicted and sentenced prisoners.

It shall be the duty of the Marshal each day after the session of the City Courts to deliver each and every prisoner convicted and sentenced by either of the City Courts to the officer designated and appointed to superintend the conveyance of prisoners to the workhouse or elsewhere, in accordance with the judgment of the court, together with the original execution or a true copy of the same. The officer having charge of the prisoners shall deliver the prisoners, with a true copy of the execution against each party sentenced and convicted, to the warden of the workhouse, or other proper person designated, taking his receipt for each and every person delivered to him, which shall be indorsed upon the original execution, and which shall be returned to the Marshal at his office.
(1948 C. Ch. 15 58: 1960 C. 171.110.)

3.08.360 Janitors.

Each of the Judges of the City Courts is authorized to appoint a janitor whose duties it shall be to keep the chambers in which the court is held in an orderly and clean condition, and to perform other duties as janitor as the Judges may from time to time direct.
(1948 C. Ch. 15 9: 1960 C. 172.030.)

3.08.370 Court costs--Surcharge.

In addition to any fine or other costs that may be imposed by the Municipal Judge, there shall be assessed as a surcharge in all cases, except for parking violations and when costs are to be paid by the City or in any court proceeding when the proceeding or defendant has been dismissed by the court, the sum of two dollars ($2.00) for the training of peace officers. This surcharge shall be transmitted daily to the Treasurer of the City of St. Louis in the form and manner prescribed by the Comptroller of the City of St. Louis.
(Ord. 63955 2, 1996: prior: Ord. 61294 1, 1989.)

3.08.375 Court costs--Surcharge--Fund.

The Comptroller shall hold such surcharge collected pursuant to Section 3.08.370 in a special fund. Funds received pursuant to Section 3.08.370 shall be used only to pay for training required as provided in Sections 590.100 to 590.180 RSMo, inclusive, provided that any excess funds not needed to pay for such training may be used to pay for additional training for peace officers as defined in Section 590.100 RSMo. All expenditures from said fund shall be appropriated in accordance with applicable law.
(Ord. 63955 3, 1996.)

3.08.380 Court costs--Additional surcharge.

In addition to any other fine or other costs that may be imposed by a municipal judge, there shall be assessed as costs in all cases, an additional surcharge of one dollar ($1.00) pursuant to the authority granted pursuant to Section 590.140 RSMo. This additional surcharge shall be collected and disbursed as provided by state law and deposited with the Treasurer of the State in the Peace Officer Standards and Training Commission Fund to be used statewide for training of peace officers.
(Ord. 63955 4, 1996: prior: Ord. 61294 2, 1989.)

3.08.385 Additional court cost--Certain municipal ordinance violation cases.

A. Pursuant to the authority of Section 479.261 of the Revised Statutes of Missouri, there is hereby established and assessed an additional court cost of one dollar ($1.00) per municipal ordinance violation cases filed before a Municipal Division Judge or Associated Circuit Judge for the purpose of providing operating expenses for shelters for battered persons as defined in Sections 455.000 to 455.230 Revised Statutes of Missouri.

B. The said additional court cost shall be collected by October 9, 1992 by the Clerk of the City Courts and disbursed bi-weekly to the Comptroller who shall establish a special fund to be used solely for providing operating expenses for shelters for battered persons as defined in Sections 455.200 to 455.230 Revised Statutes of Missouri. All interest earned by the funds deposited in such special fund shall be retained in the fund to be appropriated accordingly. Appropriations of money from said fund may only be made upon approval of the Board of Estimate and Apportionment and the Board of Aldermen, and the appropriated funds shall be administered by the Department of Human Services.
(Ord. 65084 1, 2000; prior: Ord. 62751 1, 2, 1992.)

3.08.390 Additional court cost--Municipal ordinance violations.

Pursuant to the authority of Senate Bill No. 267 of the 91st General Assembly, there is hereby established and assessed an additional court cost of five dollars ($5.00) per municipal ordinance violation case filed before a municipal division judge or associate circuit judge for the purpose of restoration, maintenance and upkeep of the municipal courthouse. The costs collected may be pledged to directly or indirectly secure bonds for the cost of restoration, maintenance and upkeep of the municipal courthouse.
(Ord. 65438 1, 2002.)

3.08.392 Additional court cost.

Pursuant to the authority of Senate Bill No. 267 of the 91st General Assembly, there is hereby established and assessed an additional court cost of twenty dollars ($20.00) per municipal ordinance violation case filed before a municipal division judge or associate circuit judge. The cost shall be collected by the Clerk of the City Courts and the Clerk shall pay said funds into the City treasury monthly.

The said additional court costs shall be assessed and collected beginning the first day of the month following the effective date of this section.

The judge may waive the assessment of the cost in those cases where the defendant is found by the judge to be indigent and unable to pay the cost.
(Ord. 65779 1--3, 2002.)

3.08.395 Collection--Disbursement.

The said additional court costs shall be assessed and collected beginning the first day of the month following the effective date of this ordinance, and shall be disbursed monthly to the Comptroller who shall establish a special fund to be used solely for restoration, maintenance and upkeep of the municipal courthouse. The costs collected may be pledged to directly or indirectly secure bonds for the cost of restoration, maintenance and upkeep of the court house. Appropriations of money from said fund may only be made upon approval of the Board of Estimate and Apportionment and the Board of Aldermen.
(Ord. 65438 2, 2002.)

3.08.400 Waiver of fee.

The judge may waive the assessment of the cost in those cases where the defendant is found by the judge to be indigent and unable to pay the costs.
(Ord. 65438 3, 2002.)

3.08.410 Additional court cost--Violation of City ordinance or any criminal or traffic laws of the State.

A. There is hereby imposed as an additional court cost a charge of two dollars ($2.00) in all criminal cases including violations of any City ordinance or any violation of criminal or traffic laws of the State, including an infraction, and any violation of municipal ordinance, except that no such fee shall be collected with the proceeding or defendant has been dismissed by the court or when costs are to be paid by the City of St. Louis or the State of Missouri. All such fees shall be payable to the City Treasurer, who shall deposit such funds in an Inmate Security Fund, to be utilized to develop biometric identification systems to ensure that inmates can be properly identified and tracked within the City Jail system. Upon the implementation of the biometric identification system, funds in the Inmate Security Fund may be used for the maintenance of the biometric identification system and to pay for any expenses related to custody and housing and other expenses for prisoners.

B. The Comptroller of the City of St. Louis is hereby authorized and directed to establish a special account to be known as the Inmate Security Fund in which all funds received pursuant to this section shall be deposited and such funds shall be kept separate and apart from all other funds. Such funds are hereby appropriated for the development and maintenance of biometric identification systems for inmate identification and tracking within the City Jail system, and to pay for any other expenses related to custody, housing and other expenses of prisoners. All interest generated on deposited funds shall be accrued to the Inmate Security Fund Account.
(Ord. 67189 1, 2, 2006.)

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