[CC 1985 §72.010]
There is hereby established in this City a Municipal Court,
to be known as the "Municipal Court" of the City.
[CC 1985 §72.020]
The Municipal Court of the City shall have original jurisdiction
in all cases involving ordinances of the City.
[CC 1985 §72.030; Ord. No. 348-C §1, 12-17-1990]
All violations of the municipal ordinances of the City of Canton,
Missouri, shall be heard and determined by the Associate Circuit Judge
of Lewis County, Missouri, pursuant to the provisions of Section 479.040
RSMo.
[CC 1985 §72.040]
The Board of Aldermen shall provide at the expense of the City,
a suitable room for the Municipal Judge to hold Court, and such Court
shall be open every day except Sunday for immediate trial, unless
continued for good cause, of offense against the ordinances of the
City, upon such schedule as designated by the Municipal Judge.
[CC 1985 §72.050]
The Municipal Judge shall keep a docket in which shall enter
every case commenced before him/her, and the proceedings therein;
and he/she shall deliver such docket, and all books and papers pertaining
to his/her office, to his/her successor in office.
[CC 1985 §72.080]
A.
The
Municipal Judge shall be and is hereby authorized to:
1.
Establish a violations bureau as provided for in the Missouri Rules
of Practice and procedure in Municipal and Traffic Courts.
2.
Commute the term of any sentence, stay execution of any fine or sentence,
suspend any fine or sentence and to make such other orders as the
Municipal Judge deems necessary relative to any matter that may be
pending in the Municipal Court, all in accordance with the Missouri
Rules of Practice an Procedure in Municipal and Traffic Courts.
3.
Hold any party in contempt in the same manner as the Circuit Court,
in accordance with the Missouri Rules of Practice and Procedure in
Municipal and Traffic Courts.
4.
Make and adopt such rules of practice and procedure as are necessary
to implement and carry out the provisions of this Chapter and to make
and adopt such rules of practice and procedure as are necessary to
hear and decide matters pending before the Municipal Court and to
implement and carry out the provisions of the Missouri Rules of Practice
and procedure in Municipal and Traffic Courts. Any and all rules made
or adopted hereunder may be annulled or amended by an ordinance limited
to such purpose; provided that such ordinance does not violate, or
conflict with, the provisions of the Missouri Rules of Practice and
Procedure in Municipal and Traffic Courts.
5.
The Municipal Judge shall have such other powers, duties and privileges
as are or may be prescribed by the laws of this State, this Code or
other ordinances of this City.
[CC 1985 §72.080]
The Municipal Judge shall, within the first (1st) ten (10) days
of every month (Saturday and Sunday excepted), prepare a list of all
cases heard or tried before him/her during the preceding month, giving
in each case the name of the defendant, the fine imposed (if any),
the amount of costs, the names of the defendants committed and the
cases appealed, respectively. He/she shall submit the report to the
City Clerk who shall lay such reports and lists before the Board of
Aldermen at its first (1st) session thereafter.
[CC 1985 §72.090]
All warrants issued by the Municipal Judge shall be directed
to the Chief of Police, the Sheriff or any constable of the County,
and such warrant shall be executed by the Chief of Police or any Policeman
of the City, or by the Sheriff or any constable of the County, at
any place within the County, and not elsewhere, unless such warrants
are endorsed in the manner provided for warrants in criminal cases,
and, when so endorsed, shall be served in other counties as provided
for warrants in criminal cases.
[Ord. No. 782-C §1, 9-19-2016]
A.
Search Warrant Defined — Who May Issue, Execute.
1.
An administrative search warrant is a written order of the Municipal
Judge commanding the search or inspection of any property, place or
thing, and the seizure, photographing, copying or recording of property
or physical conditions found thereon or therein, to determine or prove
the existence of violations of any ordinance or Code Section of the
City of Canton, relating to the use, condition or occupancy of property
or structures located within the City of Canton, or to enforce the
provisions of any such ordinance or Code Section.
2.
The Municipal Judge having original and exclusive jurisdiction
to determine violations against the ordinances of the municipality
may issue an administrative search warrant when:
a.
The property or place to be searched or inspected or the thing to
be seized is located within the City of Canton, Missouri, at the time
of the making of the application, and
b.
The owner or occupant of the property or place to be searched or
inspected or the thing to be seized has refused to allow the same
after official request by the Building Inspector of the City of Canton,
Missouri, or the Chief of Police of the City of Canton, Missouri.
3.
Any such warrant shall be directed to the Chief of Police or
any other police officer of the City of Canton, and shall be executed
by the Chief of Police or said police officer within the City limits
and not elsewhere.
B.
Who May Apply For Warrant — Contents Of Application.
1.
Any police officer or the attorney of the City of Canton may
make application to the Municipal Judge for the issuance of an administrative
search warrant.
2.
The application shall:
a.
Be in writing;
b.
State the time and date of the making of the application;
c.
Identify the property or places to be entered, searched, inspected
or seized in sufficient detail and particularity that the officer
executing the warrant can readily ascertain it;
d.
State that the owner or occupant of the property or places to
be entered, searched, inspected or seized has been requested by the
Building Inspector or the Chief of Police to allow such action and
has refused to allow such action;
e.
State facts sufficient to show probable cause for the issuance of a search warrant, as provided in Subsection (C)(1), hereof, to:
(1)
Search or inspect for violations of an ordinance or Code Section
specified in the application, or
(2)
Show that entry or seizure is authorized and necessary to enforce
an ordinance or Code Section specified in the application and that
any required due process has been afforded prior to the entry or seizure;
f.
Be verified by the oath or affirmation of the applicant; and
g.
Be signed by the applicant and filed in the Municipal Court.
3.
The application may be supplemented by a written affidavit verified
by oath or affirmation. Such affidavit shall be considered in determining
whether there is probable cause for the issuance of a search warrant
and in filling out any deficiencies in the description of the property
or place to be searched or inspected. Oral testimony shall not be
considered.
C.
Hearing And Procedure — Contents Of Warrant —
Execution And Return.
1.
Hearing and procedure.
a.
The Municipal Judge shall hold a non-adversary hearing to determine
whether probable cause exists to inspect or search for violations
of any City of Canton ordinance or Code Section, or to enforce any
such ordinance or Code Section.
b.
In doing so the Municipal Judge shall determine whether the
action to be taken by the City of Canton is reasonable in light of
the facts stated. The Municipal Judge shall consider the goals of
the ordinance or Code Section sought to be enforced and such other
factors as may be appropriate, including but not limited to the physical
condition of the specified property, the age and nature of the property,
the condition of the area in which the property is located, the known
violation of any relevant City ordinances or Code Sections and the
passage of time since the property's last inspection. The standard
for issuing a warrant need not be limited to actual knowledge of an
existing violation of a City ordinance or Code Section.
c.
If it appears from the application and any supporting affidavit
that there is probable cause to inspect or search for violations of
any City of Canton ordinance or Code Section, or to enforce any such
ordinance or Code Section, a search warrant shall immediately be issued.
d.
The warrant shall issue in the form of an original and two (2)
copies, and the application, any supporting affidavit and copy of
the warrant as issued shall be retained in the records of the Municipal
Court.
2.
Contents of search warrant. The search warrant
shall:
a.
Be in writing and in the name of the City of Canton, Missouri;
b.
Be directed to any police officer in the City of Canton, Missouri;
c.
State the time and date the warrant was issued;
d.
Identify the property or place to be searched, inspected or
entered upon in sufficient detail and particularly that the officer
executing the warrant can readily ascertain it;
e.
Command that the described property or place be searched or
entered upon, and that any evidence of any City ordinance violation
found therein or thereon, or any property seized pursuant thereto,
or a description of such property seized, be returned, within ten
(10) days after filing of the application, to the Municipal Judge
who issued the warrant, to be dealt with according to law;
f.
Be signed by the judge, with his/her title of office indicated.
3.
Execution and return.
a.
A search warrant issued under this Section shall be executed
only by a City of Canton, Missouri, police officer, provided, however,
that one (1) or more designated City of Canton officials may accompany
the officer, and the warrant shall be executed in the following manner:
(1)
The warrant shall be executed by conducting the
search, inspection, entry or seizure as commanded and shall be executed
as soon as practicable and in a reasonable manner.
(2)
The officer shall give the owner or occupant of
the property searched, inspected or entered upon a copy of the warrant.
(3)
Seized property – receipt.
(a)
If any property is seized incident to the search,
the officer shall give the person from whose possession it was taken,
if the person is present, an itemized receipt for the property taken.
If no such person is present, the officer shall leave the receipt
at the site of the search in a conspicuous place.
(b)
A copy of the itemized receipt of any property
taken shall be delivered to the attorney for the City of Canton within
two (2) working days of the search.
(c)
The disposition of property seized pursuant to
a search warrant under this Section shall be in accordance with an
applicable City of Canton ordinance or Code Section, but in the absence
of same, then with Section 542.301 of the Revised Statutes of Missouri.
(4)
The officer may summon as many persons as he/she
deems necessary to assist him/her in executing the warrant, and such
persons shall not be held liable as a result of any illegality of
the search and seizure.
(5)
An officer making a search pursuant to an invalid
warrant, the invalidity of which is not apparent on its face, may
use such force as he/she would be justified in using if the warrant
were valid.
(6)
A search warrant shall expire if it is not executed
and the required return made within ten (10) days after the date of
the making of the application.
b.
Return of warrant after execution of same.
(1)
After execution of the search warrant, the warrant,
with a return thereon signed by the officer making the search, shall
be delivered to the Municipal Court.
(2)
The return shall show the date and manner of execution
and the name of the possessor and of the owner, when not the same
person, if known, of the property or places searched or seized.
(3)
The return shall be accompanied by any photographs,
copies, or recordings made, and by any property seized, along with
a copy of the itemized receipt of such property required by this Section;
provided, however, that seized property may be disposed of as provided
herein, and in such a case a description of the property seized shall
accompany the return.
(4)
The Court Clerk, upon request, shall deliver a
copy of the return, to the possessor and the owner, when not the same
person, of the property searched or seized.
D.
Warrant Invalid, When. A search warrant shall be
deemed invalid:
1.
If it was not issued by the Municipal Judge;
2.
If it was issued without a written application having been filed
and verified;
3.
If it was issued without sufficient probable cause in light of the goals of the ordinance to be enforced and such other factors as provided in Subsection (C)(1)(b), hereof;
4.
If it was not issued with respect to property or places in the
City of Canton;
5.
If it does not describe the property or places to be searched,
inspected, entered upon or seized with sufficient certainty;
6.
If it is not signed by the judge who issued it; or
7.
If it was not executed and the required return made within ten
(10) days after the date of the making of the application.
Any person charged with a violation of a municipal ordinance
of this City shall be entitled to a trial by jury as in prosecutions
for misdemeanors before an Associate Circuit Court Judge. Whenever
a defendant accused of a violation of a municipal ordinance has a
right to and demands such trial by jury, the Municipal Court shall
certify the case to the Presiding Judge of the Circuit Court for reassignment.
In the case of a breach of any recognizance entered into before
a Municipal Judge or an Associate Circuit Court Judge hearing a municipal
ordinance violation case, the same shall be deemed forfeited and the
Judge shall cause the same to be prosecuted against the principal
and surety, or either of them, in the name of the municipality as
plaintiff. Such action shall be prosecuted before a Circuit Court
Judge or Associate Circuit Court Judge, and in the event of cases
caused to be prosecuted by a Municipal Judge, such shall be on the
transcript of the proceedings before the Municipal Judge. All monies
recovered in such actions shall be paid over to Municipal Treasury
to the General Revenue Fund of the municipality.
If, in the progress of any trial before the Municipal Judge,
it shall appear to the Judge that the accused ought to be put upon
trial for an offense against the criminal laws of the State and not
cognizable before him/her as Municipal Judge, he/she shall immediately
stop all further proceedings before him/her as Municipal Judge and
cause the complaint to be made before some Associate Circuit Court
Judge of the County.
It shall be the duty of the Municipal Judge to summon all persons
whose testimony may be deemed essential as witnesses at the trial
and to enforce their attendance by attachment, if necessary. The fees
of witnesses shall be the same as those fixed for witnesses in trials
before Associate Circuit Court Judges and shall be taxed as other
costs in the case. When a trial shall be continued by a Municipal
Judge, it shall not be necessary to summon any witnesses who may be
present at the continuance, but the Municipal Judge shall orally notify
such witnesses as either party may require to attend before him/her
on the day set for trial to testify in the case and enter the names
of such witnesses on his/her docket, which oral notice shall be valid
as a summons.
[CC 1985 §72.150]
If the defendant pleads or shall be found guilty, the Municipal
Judge shall declare and assess the punishment prescribed for the particular
offense according to his/her finding or the verdict of the jury, and
render judgment accordingly and for cost of suit. It shall be a part
of such judgment that the defendant stand committed until judgment
is complied with.
[CC 1985 §72.160]
All records of the Court shall be kept by the Judge of the Municipal
Court.
[CC 1985 §21.850]
The Mayor, upon approval by a majority of the Board of Aldermen
of the City of Canton, Missouri, shall appoint a Clerk for the Municipal
Court of the City of Canton, Missouri, who shall serve at the will
of the Mayor and Board of Aldermen of the City of Canton, Missouri,
and shall receive such compensation as shall, from time to time, be
established by the Board of Aldermen of the City of Canton, Missouri.
[CC 1985 §72.170]
A.
The
Clerk of the Municipal Court, and any deputy clerk that may serve
under him/her, shall be and is hereby authorized to:
1.
Take oaths and affirmations
2.
Accept and sign complaints signed and sworn to or affirmed before
him/her.
3.
Sign and issue warrants.
4.
Sign and issue commitments to jail.
5.
Sign and issue subpoenas requiring the attendance of a witness and
sign and issue sub subpoenas duces tecum.
6.
Fix the amount of bail and admit to bail.
7.
Accept the appearance, waiver of trial and plea of guilty and payment
of fine and costs in Violations Bureau cases or as directed by the
Municipal Judge; generally act as Violations Clerk of the Violations
Bureau.
8.
Perform such other duties as provided for by ordinance, by rules
of practice and procedure adopted by the Municipal Judge; and as provided
for by the Missouri Rules of Practice and Procedure in Municipal and
Traffic Courts.
[Ord. No. 539-C §1, 1-21-2003]
A.
In
addition to any fine that may be imposed by the Municipal Judge in
any case filed in the 3rd Municipal Division of the 2nd Judicial Circuit
Court, and in addition to all other fees authorized or required by
law, there shall be assessed as costs the following:
1.
Costs of Court in the amount of twelve dollars ($12.00).
2.
Police Officer training fee. A fee of three dollars
($3.00) is hereby established and assessed as additional Court costs
in each Court proceeding, except that no such fee shall be collected
when the proceedings against the defendant have been dismissed.
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. The City
shall not retain for training purposes more than one thousand five
hundred dollars ($1,500.00) of such funds for each certified Law Enforcement
Officer or candidate for certification employed by the City. Any excess
funds shall be transmitted quarterly to the City's General Fund.
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.
3.
Crime Victims' Compensation Fund. 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:
4.
There may also be assessed a two dollar ($2.00) cost per case for
each criminal case and each county or municipal ordinance violation
case for the purpose of providing operating expenses for shelters
for battered persons as set out in Section 488.607, RSMo.
5.
Other costs, such as for the issuance of a warrant, a commitment,
or a summons, as provided before the Associate Circuit Judge in criminal
prosecutions.
6.
Actual costs assessed against the City by the County Sheriff for
apprehension or confinement in the County Jail.
7.
Mileage, in the same amount as provided to the Sheriff in criminal
violations, for each mile and fraction thereof the officer must travel
(both directions) in order to serve any warrant or commitment or order
of this Court.
8.
Any other reasonable cost as may be otherwise provided by ordinance including, but not limited to, costs of confinement, including any necessary transportation related thereto, medical costs incurred by the City while a defendant is in City custody, and costs related to the arrest and testing of any person for any intoxication-related traffic offense as set out in Subsection (9) hereof.
9.
Reimbursement of cost of arrest for alcohol- or drug-related
traffic offenses.
a.
Upon a plea of guilty or a finding of guilty for an offense violating
a City of Canton, Missouri, ordinance involving alcohol or drug related
traffic offenses, the Circuit Court of Lewis County, Missouri, Municipal
Division at Canton, shall order the convicted person to reimburse
the City of Canton, Missouri, for the costs associated with such arrest.
b.
Such costs shall include a reasonable cost of making the arrest including
compensation for the officer's time in making the arrest, any chemical
test made under Chapter 577, RSMo. to determine the alcohol or drug
content of the person's blood, and the cost of processing, charging,
booking and holding such person in custody.
c.
The recommended schedule of costs is established, on file in the
City offices and made a part hereof by reference, subject to such
orders as shall be made by the Circuit Court of Lewis County, Municipal
Division at Canton, Missouri.
10.
Work/construction zone. Any person who is convicted
or pleads guilty to a speeding violation or passing/overtaking a vehicle
in a work/construction zone when there was any person present performing
duties in the work/construction zone and appropriate signs were posted
stating "Warning: $250 fine for speeding or passing in this work zone"
shall be assessed a fine of two hundred fifty dollars ($250.00) in
addition to any other fine assessed; except that any person assessed
the two hundred fifty dollar ($250.00) fine shall not also be assessed
the thirty-five dollar ($35.00) fine for any of the following offenses
in a construction or work zone: any moving violation or violation
of speeding, leaving the scene, careless and imprudent driving, operating
without a valid license, operating with a suspended or revoked license,
obtaining a license by misrepresentation, driving while intoxicated,
under the influence or BAC, any felony offense involving the use of
a vehicle, or failure to maintain financial responsibility.
11.
A fee of seven dollars ($7.00) shall be assessed, collected, and
set aside as court costs in each case before the Municipal Division
of the Circuit Court of Lewis County, Missouri, at Canton, to be assessed,
collected, and set aside for the Statewide Court Automation Fund,
with all such amounts collected to be transmitted monthly to the Missouri
Director of Revenue to the credit of the Missouri Statewide Court
Automation Fund.
[Ord. No. 818-C, 1-22-2019]
[Ord. No. 715-C §§1–5, 7-15-2013]
A.
Collection Of Surcharge For Detainee Security. A
surcharge of two dollars ($2.00) shall be assessed as costs in each
Court proceeding filed in the Municipal Division of the Circuit Court
for Canton, Lewis County, Missouri, to be designated as the "Inmate
Prisoner Detainee Security Fund."
B.
Disbursement Of Funds Collected. All costs collected
for the Inmate Prisoner Detainee Security Fund pursuant to the provisions
of this section shall be disbursed in accordance with Sections 488.010
to 488.020, RSMo.
C.
Collection Of Surcharge For Sheriff's Retirement Fund. A surcharge of three dollars ($3.00) shall be assessed as costs
in each Court proceeding filed in the Municipal Division of the Circuit
Court for Canton, Lewis County, Missouri, to be designated as the
"Sheriff's Retirement Fund."
D.
Disbursement Of Funds Collected. All costs collected
for the Sheriff's Retirement Fund pursuant to the provisions of this
section shall be disbursed in accordance with Sections 57.949 to 57.997,
RSMo.
E.
Dismissal Of Charges. No fee under the terms of
this section shall be collected in any proceeding in the Municipal
Division of the Circuit Court of Lewis County, at Canton, when the
proceeding or the defendant has been dismissed by the Court.
[Ord. No. 587-C §§1—2, 6-20-2005]
A.
CITY
COURT
JUDGE
Definitions. As used in this Section, the following words
shall have the following meanings:
The City of Canton, Missouri.
The Circuit Court of Lewis County, Missouri, Municipal Division
at Canton.
The Judge of the Circuit Court of Lewis County, Missouri,
Municipal Division at Canton.
B.
Probation. The Judge of the Municipal Division of the Circuit Court
of Lewis County, Missouri, is hereby specifically authorized to order
probation for a person who pleads guilty or is found by the Court
to be guilty of violating an ordinance of the City which is punishable
by a fine and/or imprisonment, and such probation may include one
(1) or more of the following provisions:
[Ord. No. 816-C, 11-19-2018]
1.
Suspended imposition of sentence or other structured order of
probation.
3.
The performance of a designated amount of free work for the
City or, if there is no free work needed by the City, for some other
public or charitable entity as shall be determined by the Judge.
4.
Compensation to the victim.
5.
Offender treatment programs.
6.
Payment of Court costs.
[CC 1985 §72.182; Ord. No. 298-C §II, 5-18-1987]
Every person who shall be committed to the common jail within
any County in this State for the violation of any ordinance of the
City of Canton, Missouri, if he/she shall be convicted thereof, shall
bear the expense of carrying him/her to said jail, and also his/her
support while in jail before he/she shall be discharged.
[CC 1985 §72.190]
The cost of any action may be assessed against the prosecuting
witness and judgment be rendered against him/her that he/she pay the
same and stand committed until paid in any case where it appears to
the satisfaction of the Municipal Judge that the prosecution was commenced
without probable cause and from malicious motives.
[CC 1985 §72.190]
The Municipal Judge and the Municipal Court Clerk shall receive
no fees for their services to the Court, but shall be compensated
by salary to be fixed by ordinance of the City, which salary shall
not be contingent on the outcome of any case heard by the Court.
