BILL NO. 7060 ORDINANCE NO.

Introduced by:

AN ORDINANCE ABOLISHING CERTAIN FEES ASSOCIATED WITH MUNICIPAL
COURT CASES BY AMENDING SECTION 13-70 OF THE MUNICIPAL CODE AND
REPEALING SECTION 13-72 IN ITS ENTIRETY

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FERGUSON, MISSOURI,
AS FOLLOWS:

Section 1. Section 13-70 of Chapter 13 of the Municipal Code is hereby amended to read as
follows:

CHAPTER 13 COURT

ARTICLE III PROCEDURE

SECTION 13-70 COURT COSTS

(a) The municipal judge may assess, in appropriate cases, the following fees:

(1) Generally. Against a defendant who pleads guilty, who is found guilty, or
where the case is dismissed by the prosecutor on payment of court costs, court
costs in an amount of twelve dollars ($12.00) per case for each code or other
municipal ordinance violation case filed, except in those cases where the defendant
is found by the judge to be indigent and unable to pay the costs.

(2) Continuances. For the defendant's first continuance, three dollars ($3.00)
and for each subsequent continuance, five dollars ($5.00); provided, however, that
the amount of such assessments, together with the costs assessed under subsection
(a)(1), shall not exceed twelve dollars ($12.00).

(3) Serving warrants. There shall be taxed as additional costs in any case for
each warrant, commitment or summons, an amount as would be provided by an
associate circuit judge in criminal prosecutions.

(43) Mileage. Mileage shall be taxed as additional costs in the same amount as
provided to the sheriff in criminal violations for each mile or fraction thereof, both
ways, in order to serve a warrant, commitment or order of the court.

(5) Witnesses fees. Witnesses, except police officers and city personnel, shall
be allowed two dollars ($2.00) for each day's attendance, or part thereof for their
attendance upon the municipal court. Witnesses attending in more than one (1) trial
on the same day shall be allowed one (1) fee. Any such fees shall be taxed as
additional cost to be paid by the losing party.
(64) Expert testimony. In addition to all other court costs, if it becomes
necessary for the prosecution of a case for a charge of driving while under the
influence of intoxicating liquor or narcotic drugs, to call expert witnesses to testify,
and if the defendant is found guilty of such charge, the costs incurred by the
prosecution for such expert testimony shall be assessed as costs against the
defendant in addition to all other costs provided for.

(75) Sheriff's costs. Actual costs assessed against the city by the sheriff for
apprehension or confinement in the county jail shall be assessed against all
defendants who plead or are found guilty.

(86) Appeals. Upon appeal to the circuit court from the municipal court, the
defendant shall deposit with the city the amount of court costs required for an
appeal to the circuit court as required by the rules of such court. The city shall pay
such cost deposit to the circuit clerk upon filing of the transcript for trial de novo.

(97) Domestic violence shelter. The municipal judge, in addition to other court
costs provided by ordinance, shall assess court costs in the amount of two dollars
($2.00) for each court proceeding filed in the municipal court except where the
proceeding is dismissed by the court. Such costs shall be collected by the court and
disbursed to St. Louis County at least monthly to be used for the purpose of
providing operating expenses for domestic violence shelters for battered persons.

(108) In addition to any other fines or court costs provided in this Code
pertaining to cases filed in the Ferguson Municipal Court, an additional sum of
seven dollars and fifty cents ($7.50) shall be assessed as a surcharge in each
proceeding filed in the Ferguson Municipal Court for the violation of the
ordinances of said city, provided that no such fee 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 distributed as follows:

a. Ninety-five (95) percent of such sums shall be paid to the Director
of Revenue of the State of Missouri for deposit to the crime victims.

b. Five (5) percent of such sums shall be paid to the city treasury.

(119) In addition to any other fines or court costs provided in this Code
pertaining to cases filed in the Ferguson Municipal Court, an additional sum of two
dollars ($2.00) shall be assessed as surcharge in each proceeding filed in the
Ferguson Municipal Court for the violation of the ordinances of said city, provided
that no such fee 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 transferred to the finance officer of the city who shall deposit
the funds into an "Inmate Security Fund" to be utilized for the purposed as set forth
in Section 488.5026 RSMo.

(12) In addition to any other fines or court costs provided in this Code
pertaining to cases filed in the Ferguson Municipal Court, an additional sum of
fifty dollars ($50.00) shall be assessed and paid for each bench warrant or arrest
warrant that is issued and later recalled or cancelled upon the request of the
defendant who is the subject of such warrant or defendant's legal representative.

(b) No fees for the municipal judge, city attorney or prosecutor shall be assessed as
costs in any Code, ordinance or Charter violation case.

(c) Court costs authorized in subsection (a) shall be collected by the city court clerk
and transmitted not less frequently than once a month to the city treasurer.

Section 2. Section 13-72 of Chapter 13 of the Municipal Code, which previously provided as
follows, is hereby repealed in its entirety and held for naught:

Sec. 13-72 Court Service Cost

A court service cost of fifteen dollars ($15.00) shall be assessed against the defendant for
each and every setting for which the defendant fails to appear and the court orders the defendant
be directed, by letter, to appeal and the court clerk prepares and mails sale letter to the defendant.

Section 3. This Ordinance shall be in full force effect from and after the date of its passage
by the City Council.

1
st
reading September 9, 2014 2
nd
reading September 23, 2014


PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF FERGUSON,
MISSOURI, THIS 23
rd
DAY OF SEPTEMBER 2014.

____________________________
J ames W. Knowles, III, Mayor
Attest:

__________________________
City Clerk