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Chapter 8 - Courts, Fines and Imprisonment
Article I. Bail
- § 8-1. Generally.
- § 8-2. Amount.
- § 8-3. Payment; terms of bail.
- § 8-4. Receipt; issuance of summons.
- § 8-5. Custody of bail money pending hearing.
- § 8-6. Forfeiture of bail upon failure to appear; final disposition of bail.
- § 8-7 to 8-11. Reserved.
Article II. City Prisoners
- § 8-12. Place of imprisonment.
- § 8-13. Work on public streets, etc. - May be required.
- § 8-14. Same - Causing work to be done; designation of place and type of work.
- § 8-15. Imprisonment for failure to pay fine; working out fine.
- § 8-16. Escaping from jail, etc.; damage or destruction of property while in jail, etc.
- §§ 8-17 to 8-21. Reserved.
Article III. Trials
- § 8-22. Conduct; keeping jury together.
- § 8-23. Interfering with witnesses, etc.
- § 8-24. Driver education course for persons convicted of motor vehicle violations.
- § 8-25. Authorizing the use of a driver license revocation form by the municipal court.
- §§ 8-26 to 8-29. Reserved.
Article I - Bail
Sec. 8-1. Generally.
Any person charged with the violation of this Code or any city ordinance who may be under arrest and confined in the custody of the police force of the city, may be admitted to bail, conditioned for his appearance on a day and time certain before the police judge of the city, to answer such charges as may have been preferred against him. (Ord. 1038, §1.)
Sec. 8-2. Amount.
Any person charged with a violation of this Code and confined as mentioned in Section 8-1, may be recognized, in a sum to the satisfaction of the police judge, for such person's appearance before the police judge on a day and time certain and specified; provided, however, that no person shall be recognized in a sum less than, nor more than, the fine provided in any provision of this Code or other ordinance under which such person is charged. (Ord. 1038, §2.)
Sec. 8-3. Payment; terms of bail.
Anytime the police judge may not be present in the courtroom of the police court, the police officer who is on duty and is in charge of the police officers then and there on active duty, may accept from such person, who is charged with a violation and is confined, as mentioned in Section 8-1, a cash bail bond in a sum not less than, nor more than, the fine provided in any section of this Code, or any other ordinances under which such person is charged; provided, that when such accused person is charged with any offense related to the operation of a motor vehicle, except the charge of driving a motor vehicle while intoxicated or under the influence of drugs, such police officer who is on duty and is in charge of the police officers then and there on active duty may accept from such accused person, in lieu of such cash bail bond, a current bail bond certificate for a sum not to exceed two hundred dollars; provided, that such certificate is guaranteed by a surety company qualified to engage in surety business in the state. Residents of Phelps County who are charged with a violation and are entitled to be admitted to bail may, in lieu of a cash bail bond, execute an appearance bond which may be secured by their personal check. (Ord. 2121, §1.)
Sec. 8-4. Receipt; issuance of summons.
The police officer accepting the cash bail bond, as mentioned in Section 8-3, shall give to the person being admitted to bail, a receipt for the sum of the cash bail bond and shall then and there give to such person a written summons stating the day and time when he shall appear before the police judge of the city to answer such charges as may have been preferred against him. (Ord. 1038, §4.)
Sec. 8-5. Custody of bail money pending hearing.
The police officer accepting the cash bail bond, as mentioned in Section 8-3, shall within twenty-four hours after the receipt thereof, deposit such cash in the custody of the chief of police. The chief of police shall, thereafter, deposit such cash in the custody of the police judge at such time as the case is set for hearing before the police judge. (Ord. 1038, §5.)
Sec. 8-6. Forfeiture of bail upon failure to appear; final disposition of bail and fine money.
In the event that a person admitted to bail, as provided in Section 8-1, shall fail to appear before the municipal court judge, at the time specified in the summons duly issued or by order of the court, to answer the charge against him, then, in that event, the municipal court judge may accept the cash bond money in lieu of the payment of a fine for the violation with which such person is charged. Such money as well as all money received by the court in payment of fines shall then be placed in the custody of the traffic violations clerk who shall deposit said monies in an account specially designated for such purpose. The traffic violations clerk shall once each month transfer all monies accumulated in said account to the city collector and obtain a receipt therefore and maintain accurate records of such receipts and transfers. (Ord. 2022, §1.)
Secs. 8-7 to 8-11. Reserved.
Article II - City Prisoners
Sec. 8-12. Place of Imprisonment.
Imprisonments, when made under this Code or any other ordinance of the city may be in the city prison or, at the option of the mayor or police judge, such imprisonments may be directed to be in the county jail. (Ord. 187, §2.)
Sec. 8-13. Work on public streets, etc. - May be required.
Any person who has been convicted before the police judge and sentenced for violation of this Code or any other ordinance of the city, whether the punishment be by fine or imprisonment or by both may be put to work and required to perform labor on the public streets, highways and alleys, or other public works or buildings of the city. (Ord. 187, §1.)
Sec. 8-14. Same - Causing work to be done; designation of place and type of work.
The chief of police, street commissioner or other proper officers of the city shall have power and be authorized and required to have or cause all such prisoners to work out the full number of days for which they have been sentenced, at breaking rock, or at working upon public streets, highways and alleys or other public works or buildings of the city, as may be designated. (Ord. 187, §1.)
Sec. 8-15. Imprisonment for failure to pay fine; working out fine.
Any person who shall fail to pay the fine and costs assessed by the municipal court as punishment for violation of any of the provisions of this Code or other city ordinances shall be committed to jail. When any person is committed to jail for nonpayment of fines and costs, he shall receive five dollars ($5.00) per day credit against such fine and costs for each day he remains in jail, and in case the prisoner, whether he shall be committed to jail for a specified period of time as punishment for the violation of any ordinance of the city for which jail time is provided, or whether he shall be committed to jail for failure to pay fines and costs, shall perform work for the city while so committed, he shall be entitled to ten dollars ($10.00) per day credit against any fine or costs for each day he shall work, or one day additional credit against any specified jail term for each day he shall work. (Ord. 1990, §1.)
Sec. 8-16. Escaping from jail, etc.; damage or destruction of property while in jail, etc.
No person lawfully imprisoned in the city jail, or other place of imprisonment in the city, or in the custody of the police chief or other officer or guard, charged with the violation of this Code or any other ordinance, shall break from such jail or other place of imprisonment, or break custody and escape therefrom, or shall damage or destroy any property therein. (Ord. 55, §8.)
Secs. 8-17 to 8-21. Reserved.
Article III - Trials
Sec. 8-22. Conduct; keeping jury together.
After the jury is sworn to try the cause it shall sit together and hear the evidence; after hearing the same it shall be kept together under the charge of the police chief until the jury has agreed upon its verdict, or shall be discharged by the police chief. (Ord. 56, §7)
Sec. 8-23. Interfering with witness, etc.
No person shall entice or persuade, or by threats or any other means, directly or indirectly, induce or cause any person summoned as a witness in any case before the police judge to absent himself from the trial of such case, or shall induce or cause by persuasion, threats, or other means, any person to absent or secrete himself for the purpose of avoiding the services of process of any kind issued by the police judge. (Ord. 55, §7)
Sec. 8-24. Driver education course for persons convicted of motor vehicle violations.
Whenever any person shall have been found guilty in the police court of violating any ordinance involving the operation of a motor vehicle, the police judge may suspend sentencing pending the successful completion by the convicted person of a course of educational training designed to improve the safety habits of drivers, or may order the convicted person to attend such course in lieu of or in addition to the penalty otherwise provided for the offense. (Ord. 1942, §1)
Sec. 8-25. Authorizing the use of a driver license revocation form by the municipal court.
That the municipal court of the City of Rolla, Missouri shall, when reporting municipal convictions that are pertinent to the "abuse and lose law", Sections 577.500 - 577.530 RSMo. use the form approved by the Supreme Court State Judicial Records Committee, a copy of which is attached hereto and marked Exhibit "A". (Ord. 2651, §1.)