Cross References — General penalty for Code violations, §100.150 et seq.; city attorney and prosecuting attorney, §115.080 et seq.; police and fire commission, §125.090 et seq.; administration and enforcement of motor vehicles and traffic regulations, ch. 310; offenses and miscellaneous provisions, ch. 210; police, ch. 200.
[Code 1975 §9.01; CC 1989 §14-1]
There is hereby established in this City a Municipal Court,
to be known as the "Town and Country Municipal Court, a Division of
the 21st Judicial Circuit Court of the State of Missouri". This Court
is a continuation of the City Police Court as previously established,
and is termed herein "the Municipal Court".
[Code 1975 §9.02; CC 1989 §14-2]
The jurisdiction of the Municipal Court shall extend to all
cases involving alleged violations of the ordinances of the City.
[Code 1975 §9.07; CC 1989 §14-3]
The Municipal Court of the City shall be subject to the rules
of the Circuit Court of which it is a part, and to the rules of the
State Supreme Court. The Municipal Court shall be subject to the general
administrative authority of the Presiding Judge of the Circuit Court,
and the Judge and Court personnel of such Court shall obey his/her
directive.
[Code 1975 §9.25; CC 1989 §14-4]
A.
There
shall be a Clerk and Deputy Clerk(s) of the Municipal Court. Deputy
Clerk(s) shall perform such duties as are assigned by the Clerk of
the Municipal Court and in the absence of the Clerk due to a vacancy,
sickness, disability, or other reasons, the Deputy Clerk(s) shall
perform all the duties of the Clerk during such period of time.
B.
The
Clerk of the Municipal Court shall be vested with the following powers,
duties, and authorities:
1.
To collect such fines for violations of such offenses as may be described,
and the Court costs thereof.
2.
To take oaths and affirmations.
3.
To accept signed complaints, and allow the same to be signed and
sworn to or affirmed before him/her.
4.
To sign and issue subpoenas requiring the attendance of witnesses
and sign and issue subpoenas duces tecum.
5.
To accept the appearance, waiver of trial and plea of guilty and
payment of fine and costs in Traffic Violations Bureau cases or as
directed by the Municipal Judge; generally act as Violation Clerk
of the Traffic Violations Bureau.
6.
To perform all other duties as provided for by ordinance, by rules
of practice and procedure adopted by the Municipal Judge and by the
Missouri Rules of Practice and Procedure in Municipal and Traffic
Courts and by Statute.
7.
To maintain, properly certified by the City Clerk, a complete copy
of the ordinances of the City which shall constitute prima facie evidence
of such ordinances before the Court. Further, to maintain a similar
certified copy on file with the Clerk serving the Circuit Court of
this County.
C.
Deputy
Clerk(s) shall have the same full powers, duties, and authorities
as that of the Clerk of the Municipal Court. The compensation of the
Clerk and Deputy Clerk shall be fixed by ordinance from time to time
by appropriate action of the Board of Aldermen.
[Code 1975 §9.08; CC 1989 §14-5]
The Municipal Judge shall cause to be prepared within the first
ten (10) days of every month a report indicating a list of all cases
heard and tried before the Court 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
in which there was an application for trial de novo, respectively.
The same shall be prepared under oath by the Municipal Court or the
Municipal Judge. This report will be filed with the City Clerk, who
shall thereafter forward the same to the Board of Aldermen for examination
at its first (1st) session thereafter. The Municipal Court shall,
within ten (10) days after the first (1st) of the month, pay to the
Municipal Treasurer the full amount of all fines collected during
the preceding months, if they have not been previously paid.
[Code 1975 §9.11; CC 1989 §14-6]
Should the Municipal Judge determine that there shall be a Traffic
Violations Bureau, the City shall provide all expenses incident to
the operation of the same. The Clerk and Deputy Clerk of the Municipal
Court are hereby designated Violation Clerks for such Bureau, if established.
[Code 1975 §9.12; CC 1989 §14-7]
All warrants issued by a Municipal Judge shall be directed to
the Chief of Police or any other Police Officer of the City or to
the Sheriff of the County. The warrant shall be executed by the Chief
of Police, officer, or Sheriff any place within the limits of the
County and not elsewhere unless the 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 in warrants in criminal
cases.
[Code 1975 §9.13; CC 1989 §14-8]
The Chief of Police or other Police Officer of the City may,
without a warrant, make arrest of any person who commits an offense
in his/her presence, but such officer shall, before the trial file
a written complaint with the Judge hearing violations of municipal
ordinances.
[Code 1975 §9.14; CC 1989 §14-9]
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 Judge. Whenever a defendant
accused of a violation of a municipal ordinance demands trial by jury,
the Municipal Court shall certify the case to the Presiding Judge
of the Circuit for reassignment.
[Code 1975 §9.15; CC 1989 §14-10]
It shall be the duty of the Prosecuting Attorney of the City
to prosecute the violations of the City's ordinances before the Municipal
Judge or before any Circuit Judge hearing violations of the City's
ordinances. The salary or fees of the Prosecuting Attorney and his/her
necessary expenses incurred in such prosecutions shall be paid by
the City. The compensation of the Prosecuting Attorney shall not be
contingent upon the result in any case.
[Code 1975 §9.16; CC 1989 §14-11]
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 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.
[Code 1975 §9.17; CC 1989 §14-12]
If, in the progress of any trial before a 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 Judge within the
County.
[Code 1975 §9.18; CC 1989 §14-13]
If, in the opinion of the Municipal Judge, the City has no suitable
and safe place of confinement, the Municipal Judge may commit the
defendant to the County Jail, and it shall be the duty of the Sheriff,
if space for the prisoner is available in the County Jail, upon receipt
of a warrant of commitment from the Judge to receive and safely keep
such prisoner until discharged by due process of law. The municipality
shall pay the board of such prisoner at the same rate as may now or
hereafter be allowed to such Sheriff for the keeping of such prisoner
in his/her custody. The same shall be taxed as cost.
A.
Any
Judge hearing violations of municipal ordinances may, when in his/her
judgment it may seem advisable, grant a parole or probation to any
person who shall plead guilty or who shall be convicted after a trial
before such Judge. When a person is placed on probation he/she shall
be given a certificate explicitly stating the conditions on which
he/she is being released.
B.
In
addition to such other authority as exists to order conditions of
probation, the court may order conditions which the court believes
will serve to compensate the victim of the crime, any dependent of
the victim, or society in general. Such conditions may include, but
need not be limited to:
C.
A person
may refuse probation conditioned on the performance of free work.
If he/she does so, the court shall decide the extent or duration of
sentence or other disposition to be imposed and render judgment accordingly.
Any County, City, person, organization, or agency, or employee of
a County, City, organization or agency charged with the supervision
of such free work or who benefits from its performance shall be immune
from any suit by the person placed on parole or probation or any person
deriving a cause of action from him/her if such cause of action arises
from such supervision of performance, except for intentional torts
or gross negligence. The services performed by the probationer or
parolee shall not be deemed employment within the meaning of the provisions
of Chapter 288, RSMo.
D.
The
court may modify or enlarge the conditions of probation at any time
prior to the expiration or termination of the probation term.
[Code 1975 §9.20; CC 1989 §14-15]
In all cases tried before the Municipal Court, except where
there has been a plea of guilty or where the case has been tried with
a jury, the defendant shall have a right of trial de novo, before
a Circuit Judge or on assignment before an Associate Circuit Judge.
An application for a trial de novo shall be filed within ten (10)
days after judgment and shall be filed in such form and perfected
in such manner as provided by Supreme Court rule.
[Code 1975 §9.21; CC 1989 §14-16]
In all cases in which a jury trial has been demanded, a record
of the proceedings shall be made, and appeals may be had upon that
record to the appropriate Appellate Court.
[Code 1975 §9.22; CC 1989 §14-17]
In the case of a breach of any recognizance entered into before
a Municipal Judge or an Associate Circuit 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 Judge
or Associate Circuit 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 the Municipal Treasury to the General
Revenue Fund of the municipality.
[Code 1975 §9.26; CC 1989 §14-18; Ord. No. 766,
1-30-1984; Ord. No. 1205 §1, 8-8-1988; Ord. No. 1512 §1,
5-28-1991; Ord. No. 1770 §1, 7-11-1994; Ord. No. 2012 §1,
12-2-1996; Ord. No. 2620 §1, 9-25-2001; Ord. No. 2623 §1,
9-25-2001; Ord. No. 2758 §§1 — 2, 10-15-2002; Ord.
No. 3013 §1, 3-15-2005; Ord. No. 3258 §1, 7-10-2007; Ord. No. 4272, 2-25-2019]
A.
In
addition to any fine that may be imposed by the Municipal Judge, there
shall be assessed as costs in all cases the following:
1.
Costs of Court in the amount of twelve dollars ($12.00).
2.
A fee of seven dollars fifty cents ($7.50) for the Crime Victims'
Compensation Fund shall be collected in all cases, except where the
proceeding is dismissed by the Court or where the costs are to be
paid by the City on behalf of an indigent defendant.
At least monthly, ninety-five percent (95%) of the monies collected
under this Subsection shall be paid to the State Director of Revenue
and the remaining five percent (5%) shall be paid into the City Treasury.
3.
A fee of two dollars ($2.00) pursuant to the provisions of Section
590.140, RSMo., shall be collected in all cases, except where the
proceeding is dismissed by the Court. All fees collected pursuant
to this Subsection shall be transmitted monthly to the Treasurer of
the City.
4.
A fee of one dollar ($1.00) pursuant to the provisions of Section
590.140, RSMo., shall be collected in all cases, except where the
proceeding is dismissed by the Court. All fees collected pursuant
to this Subsection shall be sent to the State Treasury to the credit
of the Peace Officer Standards and Training Commission Fund created
by Section 590.178, RSMo.
5.
All funds collected pursuant to Subsections (4) and (5) shall be used only to pay for the training of the City's Peace Officers, and the City shall not retain more than one thousand five hundred dollars ($1,500.00) of such funds for each certified Law Enforcement Officer employed by the City. Any excess funds shall be transmitted quarterly to the General Revenue Fund of the City Treasury.
6.
A fee of two dollars ($2.00) pursuant to Section 488.607, RSMo.,
shall be collected in all cases, except where the proceeding is dismissed
by the Court or where the costs are to be paid by the City on behalf
of an indigent defendant. Such costs shall be collected by the Court
Administrator and disbursed by the City for the purpose of providing
operating expenses for shelters for battered persons, as defined in
Sections 455.200 to 455.230, RSMo.
7.
A fee of two dollars ($2.00) pursuant to Section 488.5026, RSMo.,
shall be collected in all cases, except where the proceeding is dismissed
by the Court, in order to develop and maintain biometric identification
systems and for other prisoner expenses. All fees collected pursuant
to this Subsection shall be transmitted monthly to the Treasurer of
the City who shall deposit funds generated by the surcharge into the
"Inmate Security Fund."
8.
There shall be assessed to each defendant who pleads guilty, or is
found guilty, in each proceeding filed in the Town and Country Municipal
Court for the violation of the ordinances of the City, an additional
surcharge in the amount of seven dollars ($7.00) for the Statewide
Court Automation Fund, provided that no such fee shall be collected
in any case that has been dismissed by the Court or where costs have
been waived by the Court. All sums collected pursuant to this Subsection
shall be paid to the State Director of Revenue to the credit of the
Statewide Court Automation Fund in accordance with Sections 476.056,
488.012 and 488.027, RSMo.
9.
Other costs as authorized by law.
[Code 1975 §9.28; CC 1989 §14-19]
When a fine is assessed for violating an ordinance, it shall
be within the discretion of the Judge assessing the fine to provide
for the payment of a fine on an installment basis under such terms
and conditions as he/she may deem appropriate.
[Code 1975 §9.29; CC 1989 §14-20; Ord. No. 557,
1-8-1979]
Any person who willfully fails to appear in the City's Municipal
Court in connection with a summons or notice issued to him/her to
appear in the Municipal Court on a specified date shall be guilty
of a violation of this Chapter.
[Ord. No. 3156 §1, 6-28-2006]
A.
It
is the intent of this Section that persons convicted of an offense
or misdemeanor and committed to the St. Louis County Jail, or any
subsequent provider of jail services on behalf of the City of Town
and Country, shall pay for the cost of their incarceration.
B.
The cost assessed to an inmate shall be the actual costs assessed against the City of Town and Country by the Correctional Facility. Said costs may consist of all reasonable costs of confinement calculated on a per diem basis or based on actual expenses, including without limitation, any necessary transportation related thereto, medical costs incurred while a person is incarcerated as set forth in Subsection (C).
C.
Any
and all medical expenses incurred by an inmate assessed against the
City of Town and Country shall be imposed upon the incarcerated person
receiving such medical treatment, including without limitation, medical
expenses incurred in connection with medical and dental examination
and treatment, over-the-counter and prescription medications, and
hospitalization expenses, less any co-payment collected from the inmate
at the time medical expenses were rendered or received.
D.
The
Prosecuting Attorney is hereby authorized to seek, levy and sell,
by appropriate motion of the court having criminal jurisdiction, any
property owned by the defendant to satisfy payment of the expenses
imposed under this Section when it appears that the defendant has
made no effort to reimburse the City of Town and Country for costs
of the defendant's incarceration, including medical expenses, assessed
against the City of Town and Country.
[Code 1975 §9.03; CC 1989 §14-36]
The Judge of the City's Municipal Court shall be known as a
Municipal Judge of the 21st Judicial Circuit Court, and shall be appointed
to his/her position by the Mayor, with the consent and approval of
a majority of the members of the Board of Aldermen for a term as specified
herein.
[Code 1975 §9.04; CC 1989 §14-37]
The Municipal Judge shall hold his/her office for a period of
two (2) years and shall take office biennially on January first (1st).
If for any reason a Municipal Judge vacates his/her office, his/her
successor shall complete that term of office, even if the same be
for less than two (2) years.
[Code 1975 §9.06(1) — (4), (6); CC 1989 §14-38]
A.
The
Municipal Judge shall possess the following qualifications before
he/she shall take office:
1.
He/she must be a licensed attorney, qualified to practice law within
the State.
2.
He/she need not reside within the City.
3.
He/she must be a resident of the State.
4.
He/she must be between the ages of twenty-one (21) and seventy-five
(75) years.
5.
He/she may not hold any other office within the City Government.
[Code 1975 §9.05; CC 1989 §14-39]
A.
The
Municipal Judge shall vacate his/her office under any of the following
circumstances:
[Code 1975 §9.06(5), (7); CC 1989 §14-40]
[Code 1975 §9.10; CC 1989 §14-41]
A.
The
Municipal Judge shall be and is hereby authorized to:
1.
Establish a Traffic Violations Bureau as provided for in the Missouri
Rules of Practice and Procedure in Municipal and Traffic Courts and
Section 479.050, RSMo.
2.
Administer oaths and enforce due obedience to all orders, rules and
judgments made by him/her, and may fine and imprison for contempt
committed before him/her while holding Court, in the same manner and
to the same extent as a Circuit Judge.
3.
Commute the term of any sentence, stay execution of any fine or sentence,
suspend any fine or sentence, and make such other orders as the Municipal
Judge deems necessary relative to any matter that may be pending in
the Municipal Court.
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, or State Statutes.
5.
The Municipal Judge shall have such other powers, duties and privileges
as are or may be prescribed by the laws of this State, or other ordinances
of this City.
[Code 1975 §9.09; CC 1989 §14-42]
The Municipal Judge shall be a conservator of the peace. He/she
shall keep a docket in which he/she shall enter every case commenced
before him/her and the proceedings therein and he/she shall keep such
other records as may be required. Such docket and records shall be
records of the Circuit Court of the County. The Municipal Judge shall
deliver the docket and records of the Municipal Court, and all books
and papers pertaining to his/her office, to his/her successor in office
or to the Presiding Judge of the Circuit.
[Code 1975 §9.23; CC 1989 §14-43]
A Municipal Judge shall be disqualified to hear any case in
which he/she is anywise interested, or, if before the trial is commenced,
the defendant or the prosecutor files an affidavit that the defendant
or the municipality, as the case may be, cannot have a fair and impartial
trial by reason of the interest or prejudice of the Judge. Neither
the defendant nor the municipality shall be entitled to file more
than one (1) affidavit or disqualification in the same case.
[Ord. No. 4129, 11-13-2017[1]]
A.
The office of Provisional Municipal Judge is hereby created, and the Mayor, with the consent and approval of a majority of the members of the Board of Aldermen, shall have the power to appoint a person or persons to that office who shall have the same qualifications, who shall have the same jurisdiction, and who shall have an appointment for the same term as provided for the Municipal Judge in Sections 135.210, 135.220 and 135.230 of the Code of Ordinances of this City.
B.
If
a Municipal Judge is absent, sick or disqualified from acting, the
Provisional Municipal Judge may act as Municipal Judge until such
absence or disqualification shall cease. The Presiding Judge of the
Circuit Court may appoint any other Municipal Judge within the circuit
to act as a special Municipal Judge for a Municipal Judge of the circuit
who is absent, sick or disqualified from acting. The Presiding Judge
shall act only upon request of the Mayor or the Board of Aldermen
for a special Municipal Judge.
C.
The
Board of Aldermen shall provide by ordinance for the compensation
of any person designated to act as Municipal Judge under the provisions
of this Section.
[1]
Editor's Note: Ord. No. 4129 also changed the title of this
Section from "Temporary Municipal Judge" to "Provisional Municipal
Judge."
