§ 135.110. Violations Bureau., Chapter 135. Municipal Court, Government Code, Code of Ordinances, Owensville

There is hereby established a Violations Bureau. The City shall provide all expenses incident to the operation of the same.

When person charged may elect to appear at Bureau.

Any person charged with an offense for which payment of a fine may be made to the Violations Bureau shall have the option of paying such fine within the time specified in the notice of arrest at the Violations Bureau upon entering a plea of guilty and upon waiving appearance in court; or may have the option of depositing required lawful bail, and upon a plea of not guilty shall be entitled to a trial as authorized by law.

The payment of a fine to the Bureau shall be deemed an acknowledgement of conviction of the alleged offense, and the Bureau, upon accepting the prescribed fine, shall issue a receipt to the violator acknowledging payment thereof.

The Violations Bureau Clerk shall be the Municipal Court Clerk of the Municipal Court of Owensville, Missouri.

It shall be the function of said Violations Clerk to accept appearances, waivers of trial, pleas of guilty, and payment of fine and costs in traffic offenses subject to the limitation hereinafter prescribed.

The said Violations Clerk shall serve under the direction and control of the Municipal Judge of Owensville, the Presiding Judge of the Circuit Court of the 20th Judicial Circuit, and the said Municipal Court shall operate in accordance with the rules of the State of Missouri governing practice and procedure in Municipal Courts.

Offenses within the authority of the Violations Clerk and the schedules of the amount of fines and costs to be paid for first (1st) and second (2nd) offenses shall be as set out by the Municipal Judge.

Said designated offenses shall in no event include the following traffic cases:

Involving property damage or personal injury.

Operation of a motor vehicle while under the influence of intoxicating liquor or drugs or permitting another person under such influence to operate a motor vehicle owned by the defendant or in his/her custody or control.

Any second (2nd) speeding offense in a two (2) year period.

Leaving the scene of an accident.

Where the defendant has been arrested and accused of creating a hazardous, aggravated or dangerous situation.

Operating a motor vehicle with a suspended or revoked license.

Any offense not contained in the schedule of fines as provided for in Subparagraph (12) hereof.

In all the offenses Subsection (6)(a) through (e) the defendant, in person or by his/her attorney, shall be required to appear before the said Municipal Judge of Owensville in the Municipal Court in the City Hall in Owensville, Missouri.

All matters for which a plea of not guilty is entered, whether before the Violations Bureau Clerk or the Municipal Judge, shall be set for trial at the time and date as determined by the Municipal Judge. All trials shall be held in the municipal courtroom in the City Hall of Owensville, Missouri.

All fines and costs from the Violations Bureau shall be paid to the Violations Bureau Clerk and deposited by the said Violations Bureau Clerk not less frequently than monthly into the Municipal Treasury.

10.

The said Violations Bureau Clerk, within the first ten (10) days of every month, shall make out a list of all cases handled in said Violations Bureau giving in each case the name of the defendant, the fine imposed and the amount of costs. Said list shall be furnished to the Board of Aldermen of the City of Owensville, Missouri, and a copy thereof forwarded to the Municipal Judge.

11.

All expenses incident to the operations of the Violations Bureau, including salaries of clerical personnel, shall be paid by the municipality.

12.

Designated offenses and schedule of fines and costs provided for in this Traffic Violations Bureau order shall be as reflected on the schedule on file in the City offices and shall be prominently posted in the City Hall of Owensville, Missouri.

13.

Plea — payment of fine and costs.

Non-moving offenses. Within the time stated on the summons, any person charged with a non-moving offense may mail the amount of the fine and costs, if any, indicated on the ticket for such violation, together with a signed plea of guilty and waiver of trial, to the Violations Clerk or may pay the fine and costs in person or by attorney without a signed plea of guilty or by any member of his/her immediate family with defendant's signed plea of guilty at such Violations Bureau.

Other offenses. Within the time stated on the summons, any person charged with any traffic offense, other than a non-moving offense, within the authority of the Violations Clerk may appear by attorney with a signed plea of guilty or in person or by any member of his/her immediate family before the Violations Clerk with defendant's signed plea of guilty and waiver of trial, pay the fine established for the offense charged and costs. Defendant, if present, prior to such plea, waiver and payment, shall be informed of his/her right to stand trial, that his/her signature to plea of guilty will have the same force and effect as a judgment of the Court, and that the record of conviction will be sent to the Director of Revenue of the State or the appropriate office of the State from which he/she received his/her driver's license.

Procedure after two (2) convictions. Any person who has twice been found guilty in any Court having jurisdiction of traffic cases or who has signed a plea of guilty to two (2) previous moving traffic offenses in the preceding two (2) year period or shall have been charged with such offenses without either paying a satisfaction fine or posting an appearance bond within the time required by law or has forfeited bonds for such offenses shall not be permitted to appear before the Violations Clerk but shall be required to appear before the Municipal Judge on the third (3rd) and subsequent offenses within said preceding two (2) year period.