City of Creve Coeur, MO
St. Louis County
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Table of Contents
Table of Contents
Charter Reference — Municipal court, §§7.1 — 7.4.
Cross References — General penalty for code violations, §100.090; administration generally, ch. 110; department of law, §§120.070 et seq.; emergency management, ch. 225; motor vehicles and traffic, Title III; offenses, ch. 210; police, ch. 200.
State Law Reference — Municipal courts, ch. 479, RSMo.
Article I In General

Section 135.010 Established.

Section 135.020 Jurisdiction.

Section 135.030 Superintending Authority.

Section 135.040 Court Administrator.

Section 135.050 Marshal.

Section 135.060 Continuances and Dismissals.

Section 135.070 Violations Bureau.

Section 135.075 When Person Charged May Appear at Violations Bureau or Before Municipal Judge.

Section 135.080 Sessions.

Section 135.090 Procedure.

Section 135.100 Issuance and Execution of Arrest Warrants.

Section 135.110 (Reserved)

Section 135.115 Records and Reports of Convictions.

Section 135.120 Release and Bail.

Section 135.130 Arrests Without Warrants.

Section 135.140 Jury Trials.

Section 135.150 Duties of City's Prosecuting Attorney.

Section 135.160 Summoning of Witnesses.

Section 135.170 (Reserved)

Section 135.180 Transfer of Complaint to Circuit or Associate Circuit Judge.

Section 135.190 Judgment.

Section 135.200 Jailing of Defendants.

Section 135.210 Parole and Probation.

Section 135.220 Right of Appeal.

Section 135.225 Failure To Appear — Driver's License Renewal/Suspension.

Section 135.230 Breach of Recognizance.

Section 135.240 Court Costs — Generally.

Section 135.250 Court Costs — Assessment Against Prosecuting Witness.

Section 135.260 Installment Payment of Fine.

Section 135.270 Public Defender.

Section 135.280 Procedures When Defendant Fails to Appear — Section Not to Affect Judge's Contempt Power.

Article II Judge

Section 135.290 Selection.

Section 135.300 Term of Office.

Section 135.310 Vacation of Office.

Section 135.320 Qualifications for Office.

Section 135.330 May Serve as Judge for Other Municipalities and Accept Other Employment.

Section 135.340 Powers and Duties Generally.

Section 135.350 Reports.

Section 135.360 Docket and Court Records.

Section 135.370 Disqualification of Municipal Judge From Hearing Particular Case.

Section 135.380 Alternate Municipal Judge.

Section 135.010 Established.

[R.O. 2008 §17-1; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
Pursuant to Chapter 479, RSMo., there shall be in this City a Municipal Court, to be known as the "Creve Coeur Municipal Court, a division of the 21st Judicial Circuit Court of the State of Missouri." This Court is a continuation of the Police Court of the City as previously established and is termed herein the "Municipal Court."

Section 135.020 Jurisdiction. [1]

[R.O. 2008 §17-12; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
The jurisdiction of the Municipal Court shall extend to all cases involving alleged violations of the ordinances of the City.
[1]
State Law Reference — Similar provisions, § 479.020(1), RSMo.

Section 135.030 Superintending Authority. [1]

[R.O. 2008 §17-3; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
The Municipal Court of the City shall be subject to the rules of the Circuit Court of St. Louis County and to the rules of the Missouri Supreme Court. The Municipal Court shall be subject to the general administrative authority of the Presiding Judge of the Circuit Court, and the Municipal Judge and the Court personnel of such Court shall obey his/her directives.
[1]
State Law Reference — Similar provisions, § 479.020(5), RSMo.

Section 135.040 Court Administrator. [1]

[R.O. 2008 §17-4; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
A. 
The City Administrator shall designate a suitable and qualified person to serve as the Administrator of the Municipal Court with such assistants as may be needed from time to time. The duties of the Court Administrator shall include the following:
1. 
Supervise the personnel and overall operation of the Municipal Court.
2. 
Collect such fines for violations of such offenses as may be prescribed and the Court costs thereof.
3. 
Take oaths and affirmations regarding Municipal Court proceedings.
4. 
Accept signed complaints and allow the same to be signed and sworn to or affirmed before them.
5. 
Sign and issue subpoenas requiring the attendance of witnesses and sign and issue subpoenas duces tecum.
6. 
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 and perform all other duties as provided by this Chapter 135 and by Chapter 479, RSMo.
7. 
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.
8. 
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 and, further, on request shall provide a similar certified copy for filing with the Clerk serving the Circuit Court of St. Louis County.
[1]
State Law References — Municipality to provide, by ordinance, for clerk, § 479.060(1), RSMo., see § 479.250.

Section 135.050 Marshal.

[R.O. 2008 §17-5; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
The Chief of Police or his/her designees shall serve as Marshal and Deputy Marshals, respectively, of the Municipal Court and shall enforce its orders, judgments and decrees.

Section 135.060 Continuances and Dismissals.

[R.O. 2008 §17-6; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
All applications for continuance shall be made prior to the opening of the Court on the day on which the case is set for trial and at no other time, unless by leave of the Court, and all motions for dismissal on account of informality or illegality in the papers or proceedings and all other motions not necessarily arising during the trial must be made and filed in writing and argued when the case is called for trial and at no other time, unless by leave of the Court.

Section 135.070 Violations Bureau.

[R.O. 2008 §17-7; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
The City shall provide for all lawful expenses incident to the operation of the Violations Bureau. The Municipal Court Clerk and the Deputy Clerks are hereby designated as the Violations Clerks for the Bureau.

Section 135.075 When Person Charged May Appear at Violations Bureau or Before Municipal Judge. [1]

[R.O. 2008 §16-88; Ord. No. 977 §1(2.31), 1-5-1981; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
A. 
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 citation at the Violations Bureau upon entering a plea of guilty and upon waiving appearance in Court.
B. 
The payment of a fine to the Bureau shall be deemed an acknowledgment of conviction of the alleged offense, and the Bureau, upon accepting the prescribed fine, shall issue a receipt to the violator acknowledging payment thereof.
[1]
State Law Reference — § 479.050, Similar provisions, § 300.555, RSMo. Rule 37.49.

Section 135.080 Sessions.

[R.O. 2008 §17-8; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
There shall be a session of the Municipal Court on such days as determined by the Municipal Judge, and all cases set for each day shall be tried on such day at an hour fixed by the Municipal Judge, unless continued on application to or on motion of the Municipal Judge.

Section 135.090 Procedure.

[R.O. 2008 §17-9; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
All decisions of the Municipal Judge and all matters before the Municipal Court shall be governed by the procedural and substantive law of the Revised Statutes of Missouri, Supreme Court Rule 37, the ordinances of the City and case law applicable to Missouri Municipal Courts.

Section 135.100 Issuance and Execution of Arrest Warrants. [1]

[R.O. 2008 §17-10; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
All arrest 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 arrest warrant shall be executed by the Chief of Police, Police Officer or Sheriff any place within the limits of the County and not elsewhere unless the warrant is 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.
[1]
State Law Reference — Similar provisions, § 479.100, RSMo., Rule 37.46.

Section 135.110 (Reserved) [1]

[1]
Editor's Note: Former Section 135.110, List of Persons in Custody to be Furnished Court — Trial, enacted by R.O. 2008 § 17-11 and 5-27-2008 by § 1 of Ord. No. 5041, was repealed 8-10-2015 by § 1 of Ord. No. 5433.

Section 135.115 Records and Reports of Convictions.

[R.O. 2008 §16-95; Ord. No. 977 §1(15.8), 1-5-1981; Ord. No. 5075 §1, 2-9-2009; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
A. 
The Municipal Court shall keep or cause to be kept a record of every information filed with the Court and shall keep a record of every official action by the Court, in accordance with State law and Court rules.
B. 
Within thirty (30) days after the final conviction, or forfeiture of bail not vacated, of a person upon a charge for which a report may then be required by the State Director of Revenue, the Municipal Judge or Clerk of the Municipal Court shall prepare or cause to be prepared an abstract of the record of the Court covering the case and immediately forward the abstract to the Director. The abstract shall be certified by the person required to prepare the same to be true and correct.

Section 135.120 Release and Bail. [1]

[R.O. 2008 §17-12; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5058 §7, 9-4-2008; Ord. No. 5264 §1, 8-27-2012; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016; Ord. No. 5517 §1, 1-23-2017]
A. 
Any person in custody pursuant to an initial arrest warrant issued by the Municipal Court shall have an opportunity to be heard by the Municipal Judge in person, by telephone, or video conferencing as soon as practicable and not later than forty-eight (48) hours after being taken into custody, and if not given that opportunity shall be released. Any person in municipal custody shall not be held more than twenty-four (24) hours without a warrant after arrest. Any person arrested for violation of any ordinance and not released by an arresting officer either pursuant to the bail schedule furnished by the Municipal Judge or otherwise, shall be released from custody pending trial or other proceedings on personal recognizance, unless the Municipal Judge determines in the exercise of discretion that such a release is not sufficient reasonably to assure the appearance of the person as required, or the person poses a danger to a victim, the community or any other person. When such a determination is made, the Municipal Judge may impose any combination of the following conditions of release which will reasonably assure the appearance of the person as required, taking into account available information, without regard to rules of admissibility of evidence, concerning the nature and circumstances of the charged offense, the weight of the evidence against the accused, the accused's family ties, employment, financial resources, character and mental condition, length of residence in the community, any inability to prove lawful presence in the United States, record of convictions, and record of appearances at Court proceedings or flight to avoid prosecution or failure to appear:
1. 
Place the person in the custody of a designated person or organization agreeing to supervise the person;
2. 
Place restriction on the travel, association, or place of abode of the person during the period of release;
3. 
Require the execution of a bail bond with sufficient solvent sureties, or in lieu thereof the deposit in cash or negotiable bonds of the United States or the State of Missouri or any political subdivision thereof, or in lieu thereof execution of an unsecured bond;
4. 
Require the person to report regularly to some officer of the Court, or Peace Officer, in such manner as the Municipal Judge directs;
5. 
Require the execution of a bond in a stated amount and the deposit in the registry of the Court of ten percent (10%), or such lesser sum as the Municipal Judge directs, of such sum in cash or negotiable bonds of the United States or the State of Missouri or any political subdivision thereof;
6. 
Place the person on house arrest with electronic monitoring, with all costs associated therewith to be charged to the person, provided the Municipal Judge does not find the person unable to afford such costs;
7. 
Any other condition deemed reasonably necessary to assure appearance as required, including a condition that the person return to custody after specified hours.
B. 
When authorizing the release of a person under this Section, the Municipal Judge shall issue an appropriate order containing a statement of the conditions imposed, if any, shall inform the person of the penalties applicable to violations of the conditions of release and shall advise him/her that a warrant for arrest will be issued immediately upon any such violation. When issuing a warrant for arrest, the Municipal Judge shall likewise set the conditions for release, which shall be stated on the warrant.
C. 
A person for whom conditions of release are imposed who continues to be detained after twenty-four (24) hours from the time of the release hearing as a result of inability to meet the conditions of release, or who has been ordered to return to custody after specified hours, shall upon application be entitled to have the conditions reviewed by the Municipal Judge who imposed them, which application shall be determined promptly.
D. 
The Municipal Judge may amend an order of release by imposing additional or different conditions, subject to the other provisions of this Section and applicable Court rules. The Court shall review such conditions when it enters a judgment.
E. 
In accordance with this Section, a person shall be admitted to bail by executing a bond to the City, with sufficient security to be approved by the Municipal Judge in a sum not to exceed one thousand dollars ($1,000.00), conditioned that such person will appear on the day therein stated before the Municipal Court to answer to the charge against him/her, and all bonds so taken shall forthwith be filed with the Municipal Judge or the Clerk of the Court by the officer approving and taking the same.
F. 
If the person is not released or does not meet the conditions of release, he/she shall be committed to jail until discharged by due course of law.
G. 
Notwithstanding the foregoing, any person arrested and charged with violating a traffic ordinance of the City may, if afforded the opportunity to deposit his/her motor vehicle operator's license pursuant to Section 360.050 in lieu of bail, decline to do so and instead post bail of fifty dollars ($50.00) per traffic offense allegedly committed.
[1]
State Law References — See §§ 544.045, 544.455 and 544.470, RSMo., Rules 37.15 to 37.20. Lopez-Matias v. State of Missouri, SC95946 (12-9-2016).

Section 135.130 Arrests Without Warrants. [1]

[R.O. 2008 §17-13; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
The Chief of Police or other Police Officer of the City may, without a warrant, make arrest of any person who commits an ordinance violation in his/her presence or of any person for whom he/she has probable cause to believe committed, is committing, or is about to commit an ordinance violation, but such officer shall promptly file a written complaint with the Court hearing violations of municipal ordinances and comply with Section 135.120.
[1]
State Law Reference — Similar provisions, § 479.110 and 546.216, RSMo.

Section 135.140 Jury Trials. [1]

[R.O. 2008 §17-14; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5075 §3, 2-9-2009; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
To the extent required by City of Kansas City v. Darby, 544 S.W.2d (Mo. banc 1976) and subsequent cases, any person charged with a violation of a municipal ordinance of this City involving obscenity 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 involving obscenity timely demands trial by jury, the Municipal Court shall certify the case to the Presiding Judge of the Circuit Court for reassignment, as provided by applicable Court Rule and Section 479.150, RSMo.
[1]
State Law Reference — Similar provisions, § 479.130, RSMo., Rule 37.61

Section 135.150 Duties of City's Prosecuting Attorney. [1]

[R.O. 2008 §17-15; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
It shall be the duty of an attorney designated by the City to prosecute the violations of the City's ordinances before the Municipal Judge or before any Circuit or Associate Circuit Judge hearing violations of the City's ordinances. The salary or fees of the attorney and necessary expenses incurred in such prosecutions shall be paid by the City. The compensation of such attorney shall not be contingent upon the result in any case.
[1]
State Law Reference — Similar provisions, § 479.120, RSMo.

Section 135.160 Summoning of Witnesses. [1]

[R.O. 2008 §17-16; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
A. 
It shall be the duty of the Municipal Judge, acting through the Court Administrator, to summon all persons whose testimony may be deemed essential as witnesses at the trial and to enforce their attendance by subpoena and attachment, if necessary. Any 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 the Court on the day set for trial to testify in the case and enter the names of such witnesses on the docket, which oral notice shall be valid as a subpoena. Other witnesses may be notified of their obligation to attend Court from time to time until the case is disposed pursuant to Rule 37.55.
B. 
Officers shall attend as witnesses against persons whom they have arrested without summons or subpoena and if they fail to appear at the time of the trial, they may be attached and punished for contempt in like manner as witnesses subpoenaed or summoned.
[1]
State Law Reference — Similar provisions, § 479.160, RSMo., Rule 37.55.

Section 135.170 (Reserved)

Section 135.180 Transfer of Complaint to Circuit or Associate Circuit Judge. [1]

[R.O. 2008 §17-18; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
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 a Municipal Judge, the Judge shall immediately stop all further proceedings and cause the complaint to be made before some Circuit or Associate Circuit Judge within St. Louis County.
[1]
State Law Reference — Similar provisions, § 479.170, RSMo.

Section 135.190 Judgment. [1]

[R.O. 2008 §17-1; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5264 §2, 8-27-2012; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
If the defendant pleads or is found guilty, the Municipal Judge shall declare and assess the punishment prescribed or allowed by ordinance and Statute according to such finding and render a judgment accordingly. Prior to rendering such judgment, the Municipal Judge shall allow a defendant to present evidence of his/her financial condition and shall take such evidence into account when determining fines and costs and establishing any related payment requirements. Additionally, the Municipal Court shall use alternative payment arrangements and community service alternatives, including for which no associated costs are charged to defendants, as and when required or appropriate for a particular defendant. For violation of ordinances involving alcohol- or drug-related traffic offenses, the Municipal Judge shall order the person to participate in and successfully complete a substance abuse traffic offender program under Section 577.049, RSMo. (renumbered Section 302.580, effective January 1, 2017), and the person shall pay the fees for such program as determined by the State Department of Mental Health. In the event a sentence of confinement is ordered executed, the Municipal Judge may order that a person serve all or any portion of such sentence on electronic monitoring with all costs associated therewith to be charged to the person, provided the Municipal Judge does not find the person unable to afford such costs.
[1]
State Law Reference — Similar provisions, § 577.049, RSMo. (302.580 eff 1-1-2017)

Section 135.200 Jailing of Defendants. [1]

[R.O. 2008 §17-20; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
If, in the opinion of the Municipal Judge, the City has no suitable and safe place of confinement, the Municipal Judge may commit a defendant who is to be confined to the County Jail and it shall be the duty of the Director of Justice Services, 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 City shall pay the board of such prisoner at the same rate as may now or hereafter be allowed to such Director of Justice Services for the keeping of such prisoner in his/her custody. The same shall be taxed as costs. No person shall be placed in confinement for failure to pay a fine or Court costs unless such non-payment violates terms of probation, and no person shall be detained in order to coerce payment of fines and costs, unless found to be in contempt after strict compliance by the Court with due process procedures mandated by Missouri Supreme Court Rule 37.65 or its successor rule.
[1]
State Law Reference — Similar provisions, § 479.180, RSMo.

Section 135.210 Parole and Probation. [1]

[R.O. 2008 §17-21; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
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 on such conditions as may be imposed, all in accordance with Section 479.190, RSMo.
[1]
State Law Reference — Similar provisions, § 479.190, RSMo.

Section 135.220 Right of Appeal. [1]

[R.O. 2008 §17-22; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
In all cases tried before the Municipal Court, except where there has been a plea of guilty, the defendant shall have a right to 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 rules and the rules of the Circuit Court of St. Louis County. No trial de novo shall be available after a jury trial.
[1]
State Law Reference — Similar provisions, § 479.200(2), RSMo.

Section 135.225 Failure To Appear — Driver's License Renewal/Suspension.

[R.O. 2008 §16-99; Ord. No. 977 §1(15.12), 1-5-1981; Ord. No. 5075 §1, 2-9-2009; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
If a Missouri resident charged with a moving traffic violation under City ordinance, other than a "minor traffic violation" as defined by Section 479.350 RSMo., fails to dispose of the charges through authorized prepayment of fine and Court costs and fails to appear on the return date or at any subsequent date to which the case has been continued, or without good cause fails to pay any fine or Court costs assessed against him or her for any such violation within the period of time specified or in such installments as approved by the Municipal Court or as otherwise provided by law, the Municipal Court shall proceed to follow the procedures set forth in Sections 302.341.1 and 544.045 RSMo., regarding renewal of and sanctions upon the person's driver's license.

Section 135.230 Breach of Recognizance. [1]

[R.O. 2008 §17-23; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
In the case of a breach of any recognizance entered into before the Municipal Judge, the same shall be deemed forfeited and, if necessary, 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 City.
[1]
State Law Reference — Similar provisions, § 479.210, RSMo.

Section 135.240 Court Costs — Generally.

[R.O. 2008 §17-24; Ord. No. 5079 §1, 3-23-2009; Ord. No. 5264 §3, 8-27-2012; Ord No. 5315 §1, 8-12-2013; Ord. No. 5404 §1, 11-24-2014;Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
A. 
In addition to any fine that may be lawfully imposed by the Municipal Judge, there shall be assessed as costs in all cases, except cases in which charges of a "minor traffic violation" or "municipal ordinance violation" as defined in Section 479.350 RSMo., are dismissed and cases in which the Municipal Court finds the defendant to be indigent pursuant to applicable standards, the following:
1. 
Costs of Court in the amount of twelve dollars ($12.00).
2. 
Actual costs assessed against the City by the County Director of Justice Services for apprehension or confinement in the County Jail pursuant to Section 221.070, RSMo.
3. 
In addition to any other costs of Court pursuant to Section 488.5336, RSMo., an assessment of two dollars ($2.00) on all ordinance violations (including infractions, moving and non-moving traffic violations), but excluding cases dismissed by the Court or when the costs are to be paid by the City, such additional assessment to be used for the training of Law Enforcement Officers.
4. 
Pursuant to the authority granted by Section 488.607, RSMo., an assessment of an additional Court cost of three dollars ($3.00) on all ordinance violations, except when the proceedings or defendant have been dismissed by the Court or when costs are to be paid by the City. Such costs shall be collected by the Clerk of the Court and disbursed by the City Council for the purpose of providing operating expenses for shelters for battered persons as defined by Section 455.200 et seq., RSMo.
5. 
In addition to any other costs of Court pursuant to Section 488.5336, RSMo., an assessment of one dollar ($1.00) on all ordinance violations (including infractions, moving and non-moving traffic violations), but excluding cases dismissed by the Court or when the costs are to be paid by the City, such additional assessment to be used for the Peace Officer's Standards and Training Commission (POST) Fund created by Section 590.178, RSMo.
6. 
In addition to any other costs of Court pursuant to Sections 488.5339 and 595.045, RSMo., an assessment of seven dollars and fifty cents ($7.50) on all ordinance violations (including infractions, moving and non-moving traffic violations), except when the proceedings or defendant have been dismissed by the Court or when the costs are to be paid by the City, such additional assessment to be used for the Crime Victims' Compensation Fund.
7. 
Upon a plea of guilty or a finding of guilty for an offense of violating the provisions of municipal ordinances involving alcohol- or drug-related traffic offenses, the Court may, in addition to imposition of any penalties provided by law, order the convicted person to reimburse the City Police Department pursuant to Section 488.5334, RSMo., for the reasonable costs associated with the arrest, including the cost of any chemical test made under Chapter 577, RSMo., to determine the alcohol or drug content of the person's blood, and the costs of processing, charging, booking and holding such person in custody. The Police Department may establish a schedule of such costs, but the Court may order the costs reduced if it determines them to be excessive.
8. 
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, other costs, such as for the issuance of a warrant, a commitment or a summons, as provided before the Circuit or Associate Circuit Judge in criminal prosecutions and any and all other costs, assessments and surcharges as required by applicable law.
9. 
Other fees as lawfully determined by the Court, including credit card fine fees and probation deterrent fees.
10. 
A surcharge of two dollars ($2.00) pursuant to the provisions of Section 488.5026, RSMo., shall be collected in all cases, except where the proceeding is dismissed by the Court or when the costs are to be paid by the City. All fees collected pursuant to this Subsection shall be transmitted monthly to the Finance Director of the City of Creve Coeur for deposit into the Inmate Security Fund. All funds collected pursuant to this Subparagraph shall be used only to acquire, develop, maintain, repair, and replace biometric verification systems and information sharing systems to ensure that inmates, prisoners or detainees in a holding cell facility or other detention facility or area which holds persons detained only for a shorter period of time after arrest or after being formally charged can be properly identified upon booking and tracked within the local law enforcement administration system, criminal justice administration system, or the local jail system, and to pay for any expenses related to detention, custody and housing and other expenses for inmates, prisoners and detainees.
11. 
Pursuant to Section 488.650 RSMo., there shall be assessed as costs a surcharge in the amount of one hundred dollars ($100.00) on all petitions for expungement filed under the provisions of Section 610.140, RSMo., in the Municipal Court, provided such surcharge shall be two hundred fifty dollars ($250.00) effective January 1, 2018. Such surcharge shall be collected and disbursed by the Clerk of the Court as provided by Sections 488.010 to 488.020, RSMo. Monies collected from this surcharge shall be payable to the City's General Fund.
B. 
No refund shall be required for overpayments of Court costs of five dollars ($5.00) or less, nor shall the Clerk be required to pursue unpaid amounts less than five dollars ($5.00) as provided in Section 488.014, RSMo.

Section 135.250 Court Costs — Assessment Against Prosecuting Witness.

[R.O. 2008 §17-25; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
The costs of any action may be assessed against the prosecuting witness and judgment be rendered against him/her that he/she pays the same and stands 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, but this Section shall not apply to "minor traffic violations" or "municipal ordinance violations" as defined in Section 479.350, RSMo.

Section 135.260 Installment Payment of Fine. [1]

[R.O. 2008 §17-26; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
When a fine is assessed for violating an ordinance, it shall be within the discretion of the Municipal Judge assessing the fine to provide for payment of a fine on an installment basis under such terms and conditions as the Judge may deem appropriate, and if it appears to the Judge that the defendant does not have the present means to pay, the Judge shall comply with Supreme Court Rule 37.65.
[1]
State Law Reference — Similar provisions, § 479.240, RSMo.

Section 135.270 Public Defender.

[R.O. 2008 §17-27; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
The duties of a public defender shall be to serve as counsel when appointed by the Municipal Judge to represent persons appearing before the Municipal Court and accused of a violation of the ordinances of the City for which the prosecutor intends to seek a sentence of confinement who demonstrate to the satisfaction of the Municipal Judge that they are unable to employ counsel on their own behalf and should have counsel appointed to represent them. No such person shall be sentenced to any period of confinement unless he/she is represented by counsel.
See Rules 37.47, 37.50.

Section 135.280 Procedures When Defendant Fails to Appear — Section Not to Affect Judge's Contempt Power.

[R.O. 2008 §17-28; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
A. 
Any person who has promised to appear, or who has been notified or directed to appear, before the Court of the 21st Judicial Circuit, Municipal Division, of the City by summons, bail, recognizance, bond or other legal notice shall appear at the time and date so specified in said document or notice.
B. 
Any person who fails to appear in Court pursuant to his/her promise or legal direction or notice to do so as required by Subsection (A) of this Section shall be guilty of violating this Section and, upon conviction thereof, the violator shall be punished as provided in Section 100.090 of this Title, regardless of the disposition of the charge for which he/she was originally arrested, provided, however, this Subsection (B) shall not apply to "minor traffic violations" as defined in Section 479.350 RSMo.
C. 
Nothing contained in this Section shall prevent the exercise by the Judge of the power to lawfully punish for contempt of Court.

Section 135.290 Selection.

[R.O. 2008 §17-44; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
The Judge of the City's Municipal Court shall be known as a Municipal Judge of the 21st Judicial Circuit Court and shall be selected as provided in Section 7.2 of the City Charter.

Section 135.300 Term of Office.

[R.O. 2008 §17-45; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
The Municipal Judge shall hold office for a period of four (4) years as provided in the City Charter.

Section 135.310 Vacation of Office.

[R.O. 2008 §17-46; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
A. 
The Municipal Judge shall vacate office under the following circumstances:
1. 
Upon removal from office by the State Commission on the Retirement, Removal and Discipline of Judges as provided in Missouri Supreme Court Rule 12; or
2. 
Upon attaining age seventy-five (75); or
3. 
As provided in Section 7.2 of the City Charter or other applicable law.

Section 135.320 Qualifications for Office.

[R.O. 2008 §17-47; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
A. 
The Municipal Judge shall possess the following qualifications before taking office:
1. 
Must be a licensed attorney qualified to practice law within this State.
2. 
Must be a resident of the State.
3. 
Must be between the ages of twenty-one (21) and seventy-five (75) years.
4. 
May not hold any other office within the City Government.
5. 
Must meet all qualifications for the office set forth in Section 7.2 of the City Charter and any and all other qualifications imposed by State law or Supreme Court Rule.
B. 
Additionally, the Municipal Judge shall meet all requirements concerning course of instruction and continuing education, including pursuant to Sections 479.020 and 479.172, RSMo., and Supreme Court Rule 18.

Section 135.330 May Serve as Judge for Other Municipalities and Accept Other Employment.

[R.O. 2008 §17-48; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
A. 
The Municipal Judge may serve as Municipal Judge for up to four other municipalities.
B. 
The Municipal Judge shall be considered as holding a part-time contractor position and as such may accept (within the requirements of the Code of Judicial Conduct, Missouri Supreme Court Rule 2) other employment.
See Section 479.020, RSMo.

Section 135.340 Powers and Duties Generally. [1]

[R.O. 2008 §17-49; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
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 and Chapter 479, RSMo.
2. 
Administer oaths and enforce due obedience to all rules and judgments made by the Court and fine and imprison for contempt committed before the Judge 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.
5. 
Make use of a public or private probation program of the Court's choice if such program or programs are available for the referral of defendants for any of the following purposes: to conduct a presentence investigation and prepare a report thereof for the Court; to enroll the defendant in a counseling program or short-term educational program appropriate to the offense for which the defendant has been charged; to supervise defendants placed on probation by the Court; and for such other purposes as the Municipal Judge may direct. A report of a pre-sentence investigation shall not be submitted to the Court or its contents disclosed to anyone unless the defendant has pleaded guilty or has been found guilty. The report of a pre-sentence investigation shall contain any prior record of the defendant and such information about his/her characteristics, his/her financial condition, his/her social history and the circumstances affecting his/her behavior as may be helpful in imposing sentence or in recommending probation or in the correctional treatment of the defendant. The Probation Officer shall secure such other information as may be required by the Court, and, whenever it is practicable and requested by the Court, investigation may include a physical and mental examination of the defendant by a licensed physician, psychiatrist or psychologist.
6. 
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.
[1]
State Law Reference — Similar provisions, § 479.070, RSMo.

Section 135.350 Reports.

[R.O. 2008 §17-50; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
The Municipal Judge shall cause to be prepared such reports as may be required by law.

Section 135.360 Docket and Court Records. [1]

[R.O. 2008 §17-51; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
The Municipal Judge shall be a conservator of the peace. The Judge shall keep a docket and shall enter therein every case commenced before the Court and the proceedings therein and shall keep such other records as may be required. Such docket and records shall be records of the Circuit Court of St. Louis County. The Municipal Judge shall deliver the docket and records of the Municipal Court and all books and papers pertaining to the office to any successor in office or to the Presiding Judge of the Circuit Court.
[1]
State Law Reference — Similar provisions, § 479.070, RSMo.

Section 135.370 Disqualification of Municipal Judge From Hearing Particular Case. [1]

[R.O. 2008 §17-52; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
A Municipal Judge shall be disqualified to hear any case in which he/she is related to the defendant, when he/she has an interest in the case, when he/she has previously been counsel in the case, when the prosecutor in the case regularly serves as a Judge in another municipal division within the same County before whom the Municipal Judge regularly represents a prosecuting County or municipality, or he/she is otherwise disqualified by law or if the defendant or the prosecutor timely files an application for change of Judge pursuant to Rule 37.53. Neither the defendant nor the municipality shall be entitled to file more than one application for change of Judge in the same case, except that no party shall be precluded from requesting any change of Judge for cause at any time pursuant to applicable Court rule.
[1]
State Law Reference — Similar provisions, § 479.220, RSMo.; rule 37.53.

Section 135.380 Alternate Municipal Judge. [1]

[R.O. 2008 §17-53; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
Pursuant to Section 7.2 of the City Charter, an alternate Judge shall be appointed to serve if the Municipal Judge is absent, sick or disqualified from acting and as otherwise directed by the Municipal Judge. If neither the Municipal Judge nor the alternate Judge is able to serve at a particular time due to absence, sickness or disqualification, a special interim Municipal Judge may be appointed by the Presiding Judge of the Circuit Court of St. Louis County pursuant to Section 479.230, RSMo. The City Council shall provide by ordinance for the compensation of any person designated to act as Municipal Judge under the provisions of this Section.
[1]
State Law Reference — Similar provisions, § 479.230, RSMo.