Editor's Note — As to certain violations concerning an accused with special needs, §479.040, RSMo.
[R.O. 2006 §130.005; Ord. No. 821 §§1 — 3, 3-17-1997]
There shall be two (2) divisions established for the Municipal Court of the City of Troy, those being denominated as Division I and Division II.
The selection, tenure and compensation of said Judges shall be pursuant to Section 130.020 of the Troy Municipal Code.
The Judge in each division shall have all the rights, duties and authorities of Municipal Judges as established by the Troy Municipal Code and applicable State and Federal law.
[R.O. 2006 §130.010; Ord. No. 642 §7.005, 5-5-1980]
For the purposes of this Chapter, the following terms shall be deemed to have the meanings indicated below:
- BOARD OF ALDERMEN
- The Board of Aldermen of the City of Troy, Missouri.
- The City of Troy, Missouri.
- MUNICIPAL COURT AND MUNICIPAL DIVISION OF THE CIRCUIT COURT
- A Division of the Circuit Court of the Circuit in which the City is located, served by a Municipal Judge selected by the Board of Aldermen pursuant to the requirements of the Ordinances of the City of Troy, Missouri, to have original jurisdiction, to hear and determine all violations against the ordinances of the municipality.
- MUNICIPAL JUDGE AND JUDGE OF THE MUNICIPAL DIVISION OF THE CIRCUIT COURT
- Whenever used in this Chapter shall mean the person selected by the Board of Aldermen pursuant to the requirements of the Ordinances of the City of Troy, Missouri, to serve as Judge of the Municipal Division of the Circuit Court.
[R.O. 2006 §130.020; Ord. No. 642 §7.010, 5-5-1980; Ord. No. 741, 7-20-1992]
The Municipal Judge shall be selected by the Board, a majority vote of all members being required for his/her election. Selection shall be made for a term of two (2) years, and he/she shall serve until his/her successor is selected and qualified. The Municipal Judge should be at least twenty-five (25) years of age, and is licensed to practice law in the State of Missouri, and no person shall serve as Municipal Judge after he/she has reached his/her seventy-fifth (75th) birthday. The Municipal Judge shall not hold any other office in the City.
[R.O. 2006 §130.030; Ord. No. 642 §7.015, 5-5-1980]
The Municipal Judge may be removed from office for cause in the manner provided for removal by the City.
[R.O. 2006 §130.040; Ord. No. 642 §7.025, 5-5-1980]
The Judge of the Municipal Division of the City of Troy shall have original jurisdiction to hear and determine all violations against the ordinances of the City. There shall be no change of venue or other transfer of cases to other Divisions except as provided by the laws of the State of Missouri. This Chapter shall in no way be construed to remove or limit defendant's right to trial by jury.
[R.O. 2006 §130.050; Ord. No. 642 §7.030, 5-5-1980]
A Municipal Judge shall be disqualified to hear any case in which he/she is in anyway 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.
[R.O. 2006 §130.060; Ord. No. 642 §7.035, 5-5-1980]
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 proceeding therein and he/she shall keep such other records as required. Such docket and records shall be records of the Circuit Court. The Municipal Judge shall deliver said docket and records and all books and papers pertaining to his/her office to his/her successor in office or to the Presiding Judge of the Circuit. The Municipal Judge shall have the power to administer oaths and enforce due obedience to all orders, rules and judgments made by him/her, and may fine or imprison for contempt committed before such Judge while holding court, in the same manner and to the same extent as a Circuit Judge.
[R.O. 2006 §130.070; Ord. No. 642 §7.040, 5-5-1980]
The Board of Aldermen shall, by resolution, designate the place in which the Municipal Court shall sit, and shall provide a suitable courtroom in which the Municipal Court shall be held.
[R.O. 2006 §130.080; Ord. No. 642 §7.045, 5-5-1980]
The Municipal Court shall be open provided, however, that the Municipal Judge shall have the authority to cancel Municipal Court for a date certain by giving proper notice to the court personnel, the City Prosecutor, and heads of departments of the City, when he/she determines that the judicial business on the said date will be light, and rescheduling cases will create no hardship on any party.
[R.O. 2006 §130.090; Ord. No. 642 §7.050, 5-5-1980]
It shall be the duty of an attorney designated by the City to prosecute the violations of the municipality's ordinances before the Municipal Judge. The salary or fees of the Attorney and his/her necessary expenses incurred in such prosecutions shall be paid by the municipality.
[R.O. 2006 §130.100; Ord. No. 642 §7.055, 5-5-1980]
All prosecutions for the violation of municipal ordinances shall be instituted by information and may be based upon a complaint. Proceedings shall be in accordance with the Supreme Court rules governing practice and procedure in proceedings before Municipal Judges.
[R.O. 2006 §130.110; Ord. No. 642 §7.060, 5-5-1980]
The Chief of Police or other Police Officer of the City shall, without a warrant, make arrests of any person who commits an offense in his/her presence, but such officer shall, before the trial, file a written complaint with the Municipal Judge.
[R.O. 2006 §130.120; Ord. No. 642 §7.065, 5-5-1980]
All warrants issued by a Municipal Judge shall be directed to the Chief of Police or any other Police Officer of the municipality, or to the Sheriff of the County. The warrants shall be executed by the Chief of Police, Police Officer or Sheriff at 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.
[R.O. 2006 §130.140; Ord. No. 642 §7.080, 5-5-1980]
Any person charged with the violation of a municipal ordinance 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 has the right to a trial by jury and demands such trial by jury, the Municipal Judge shall certify the case to the Presiding Judge of the Circuit Court serving the City for assignment in the manner provided by State law. Proceedings in the case shall be had as if the case was originally commenced under the practice and procedure applicable before Circuit Judges with there being no right of trial de novo; but the sufficiency of plaintiff's petition shall be adjudged according to the procedures under Chapter 517, RSMo.
[R.O. 2006 §130.150; Ord. No. 642 §7.085, 5-5-1980]
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.
[R.O. 2006 §130.160; Ord. No. 642 §7.090, 5-5-1980]
In prosecutions before the Municipal Judge for misdemeanors arising under ordinances of the City, any Policeman or other executive officer shall be a competent witness in the case; but no such Policeman or executive officer shall be entitled to any witness fee in such case.
[R.O. 2006 §130.170; Ord. No. 642 §7.095, 5-5-1980]
Officers shall attend upon notice as witnesses against persons whom they have caused to be arrested, without being summoned to do so; and, upon their failure to appear at the time of the trial, may be attached and punished for contempt as witnesses summoned.
[R.O. 2006 §130.180; Ord. No. 642 §7.100, 5-5-1980]
Notices and process arising in the Municipal Court which are necessary to be served on the City shall be served on the City Prosecutor.
[R.O. 2006 §130.190; Ord. No. 642 §7.105, 5-5-1980]
Whenever any affidavit shall become necessary to be made on the part of the City, the City Prosecutor shall cause the same to be made by some person to whom the facts are known.
[R.O. 2006 §130.200; Ord. No. 642 §7.110, 5-5-1980]
In the trial of municipal ordinance violation cases, a copy of a municipal ordinance which is certified by the Clerk of the municipality shall constitute prima facie evidence of such ordinance. If such certified copy is on file with the Clerk serving the Judge hearing a case and readily available for inspection by the parties, the Judge may take judicial notice of such ordinance without further proof.
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.
For purposes of this Section, any offense involving the operation of a motor vehicle in an intoxicated condition as defined in Section 577.001, RSMo., shall not be cognizable in Municipal Court, if the defendant has been convicted, found guilty, or pled guilty to two (2) or more previous intoxication-related traffic offenses as defined in Section 577.023, RSMo., or has had two (2) or more previous alcohol-related enforcement contacts as defined in Section 302.525, RSMo.
[R.O. 2006 §130.220; Ord. No. 642 §7.120, 5-5-1980; Ord. No. 660, 7-20-1981; Ord. No. 810 §§1 — 2, 12-16-1996; Ord. No. 820 §1, 3-17-1997; Ord. No. 860 §1, 7-19-1999; Ord. No. 865, 12-20-1999; Ord. No. 878, 4-16-2001; Ord. No. 892, 9-17-2001; Ord. No. 984, 4-18-2005]
In all cases brought before the Judge of the Municipal Court for violation of any of the ordinances of the City the following costs shall be taxed:
Court costs for all misdemeanors, traffic offenses, and municipal violations: $12.00.
Court cost for training Law Enforcement Officers for all ordinance violations except non-moving traffic violations: $2.00.
Court cost for training Law Enforcement Officers statewide for all ordinance violations except non-moving traffic violations, to be deposited with the Treasurer of the State: $1.00.
Crime Victims Compensation Fund: $7.50.
Issuance of warrants: $20.00 plus reimbursement for mileage.
Witness fees for witnesses residing outside the City limits of Troy, Missouri (other than the informant): $3.00 per day plus seven cents ($.07) per mile travelled.
There may also be assessed a cost of up to four dollars ($4.00) per case for each criminal case, including violations of any County or municipal ordinance, for the purpose of providing operating expenses for shelters for battered persons as set out in Section 488.607, RSMo.
Computer Automation Fund: $7.00.
Adult Abuse Fund: $2.00.
Actual costs charged to the City by any law enforcement agency or jail facility for processing warrants and/or holding defendant.
Actual costs charged to the City by any medical facility for examination, treatment, and/or certification of defendant as fit for confinement.
Actual costs incurred to transport defendant from other jurisdictions as a direct result of defendant's failure to appear in Municipal Court.
Actual costs incurred from the use of the TAZER system as a direct result of defendant's actions.
In all cases where a conviction is had, the cost accruing in each case shall be taxed against the defendant and shall be collected along with the judgment and fine assessed by the Court and shall be deposited by the Court Clerk with the City Clerk. All Court costs collected for training Law Enforcement Officers shall be placed in a special account and used for training Law Enforcement Officers.
[R.O. 2006 §130.230; Ord. No. 642 §7.125, 5-5-1980]
If the defendant is acquitted, the informant may be adjudged to pay the costs, if it appears to the satisfaction of the Court that the prosecution was instituted vexatiously or without probable cause.
[R.O. 2006 §130.240; Ord. No. 642 §7.130, 5-5-1980]
The City Attorney may, when he/she is not satisfied that the information is made for the purpose of public justice, or that the evidence is sufficient to obtain the conviction of the accused, require the prosecuting witness to deposit with the Municipal Court a sufficient amount of money for the payment of all costs that may accrue, or else, give bond and security for costs; and in such case, if the accused be acquitted, the Court shall render judgment against such prosecuting witness for costs.
[R.O. 2006 §130.250; Ord. No. 642 §7.135, 5-5-1980]
In case of a breach of any recognizance entered into before a Municipal Judge, 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 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.
[R.O. 2006 §130.260; Ord. No. 642 §7.140, 5-5-1980]
In any case tried before the Municipal Judge, except where there has been a plea of guilty or the case has been tried with a jury, the defendant shall have a right to trial de novo before a Circuit Judge or upon 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.
[R.O. 2006 §130.270]
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.
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:
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.
The Court may modify or enlarge the conditions of probation at any time prior to the expiration or termination of the probation term.
[R.O. 2006 §130.280; Ord. No. 642 §7.150, 5-5-1980]
When a fine is assessed for violation of any ordinance, it shall be within the discretion of the Judge assessing the fine to provide for the payment of the fine on an installment basis under such terms and conditions as he/she may deem appropriate.
[R.O. 2006 §130.290; Ord. No. 642 §7.155, 5-5-1980; Ord. No. 949, 12-15-2003]
It shall be unlawful for any person charged with an offense in the Troy Municipal Division of the Circuit Court of Lincoln County to willfully fail to appear before such Court as required.
It shall be unlawful for any person who has been convicted, plead guilty to, or been found guilty of any offense in the Troy Municipal Division of the Circuit Court of Lincoln County and has been sentenced to pay any fine, court costs or restitution to fail to pay such fine, court costs or restitution as required by the Court.
Any person violating any provision of this Section shall, upon conviction thereof, be deemed guilty of a misdemeanor and subject to a fine not exceeding five hundred dollars ($500.00). The penalties imposed hereunder shall be in addition to any penalties imposed upon conviction of any other offense and the imposition of a penalty for violation of this Section shall not in any manner diminish the contempt powers of the Court.
[R.O. 2006 §130.300; Ord. No. 642 §7.160, 5-5-1980]
Until modified or otherwise provided by administrative rule of the Supreme Court, the Municipal Judge, or Associate Circuit Judge hearing and determining violations of municipal ordinances, shall cause the Clerk serving his/her Division, within the first ten (10) days of every month, to make out a list of all the cases heard or tried before the Judge 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 defendants committed and the cases in which there was an application for trial de novo, respectively. Such Clerk or the Judge shall verify such lists and statements by affidavit, and file the same forthwith with the Clerk of the municipality, who shall lay the same before the Governing Body of the municipality at its first session thereafter. The official collecting fines shall, within the ten (10) days aforesaid, pay to the Municipal Treasurer the full amount of all fines collected by him/her during the preceding month if not previously paid to the Municipal Treasurer.
[R.O. 2006 §130.310; Ord. No. 642 §7.165, 5-5-1980]
[R.O. 2006 §130.320; Ord. No. 642 §7.170, 5-5-1980]
In all cases where any person is in the charge of or in the custody of the Chief of Police or members of the Police Department, either before or after trial, such person shall be kept and held at the County Jail or at such other place as the Chief of Police may designate, except as otherwise provided by law or ordinance.
[R.O. 2006 §130.330; Ord. No. 747 §1, 2-16-1993]
Such costs shall include the reasonable cost of making the arrest, including the cost of any chemical tests 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.
Law enforcement authorities may establish a schedule of such costs for submission to the Court; however, the Court may order the costs reduced if it determines that the schedule of costs is excessive given the circumstances of the case or for good cause shown.
These fees shall be calculated as additional costs by Municipal Court and shall be collected by the Court in the same manner as other costs and fees are collected and remitted to the City Treasurer.
The City Treasurer shall retain these fees in a separate fund known as the "DWI/Drug Enforcement Fund". Monies within the DWI/Drug Enforcement Fund shall be appropriated by the Board of Aldermen to law enforcement authorities from such fund in amounts equal to those costs so incurred and shall be specifically used to enhance and support the enforcement and prosecution of alcohol and drug-related traffic laws within the City, and drug and alcohol education.
[R.O. 2006 §130.340; CC 1980 §320.560; Ord. No. 667 §2, 9-20-1982]
The Municipal Court may, in connection with the disposition of any offense which is a "point offense" resulting in the assessment of 1, 2, 3, or 4 points by the State Director of Revenue under the provisions of Section 302.302 (1), (2), or (4), RSMo., order the staying of the assessment of points upon satisfactory completion of a driver improvement program approved by the State Director of the Department of Public Safety, as provided by Section 302.302.4, RSMo.