[CC 1984 §2-80; Ord. No. 3140 §2-49; Ord. No. 3502 §1, 12-4-1978; Ord. No. 4218 §1, 7-5-1988; Ord. No. 5348 § 1, 12-19-2016]
Violations of Ordinances of the City of Richmond Heights shall
be tried before the Richmond Heights Municipal Division of the St.
Louis County Circuit Court.
[CC 1984 §2-81; Ord. No. 3140 §2-50; Ord. No. 3502 §1, 12-4-1978; Ord. No. 4218 §1, 7-5-1988; Ord. No. 5308 §2, 11-2-2015; Ord. No. 5348 § 1, 12-19-2016]
A.
Any person who willfully fails to appear in the City's Municipal Court in connection with a summons or notice issued to him/her by the Municipal Court to appear in the Municipal Court on a specified date shall be guilty of failure to appear. This Section shall not apply to any minor traffic violation, as defined by Section 300.010 in the Richmond Heights Municipal Code of Ordinances.
B.
If a violator of the restrictions on stopping, standing or parking
under the traffic laws or ordinances does not appear in response to
a uniform traffic ticket affixed to such motor vehicle within a period
of five (5) days, the Violations Bureau shall send to the owner of
the motor vehicle to which the traffic ticket was affixed a letter
informing him/her of the violation and warning him/her that in the
event such letter is disregarded for a period of five (5) days a warrant
of arrest will be issued.
[CC 1984 §§2-82, 24-301; Ord. No.
3140 §2-51; Ord. No. 3502 §1, 12-4-1978; Ord. No. 4218 §1, 7-5-1988; Ord. No. 4465 §5, 10-19-1992; Ord. No. 4662 §1, 3-18-1997; Ord. No. 4763 §1, 4-3-2000; Ord. No. 4793 §1, 9-17-2001; Ord. No. 4797 §1, 9-17-2001; Ord. No. 4833 §§1 — 2, 12-2-2002; Ord. No. 5071 §1, 6-2-2008; Ord. No. 5110 §1, 8-17-2009; Ord. No. 5161 §1, 1-18-2011; Ord. No. 5299 § 1, 9-21-2015; Ord. No. 5348 § 1, 12-19-2016]
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 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 or any other operator of a jail facility 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 Section 488.607 of the Statutes of Missouri, an
assessment of an additional court cost of four dollars ($4.00) shall
be imposed on all ordinance violations (including infractions, moving
and non-moving violations) but excluding cases dismissed by the Court
or when costs are to be paid by the City. Such costs shall be collected
the Clerk of the Court and disbursed to St. Louis County for the purpose
of providing operating expenses for shelters for battered persons
as defined by Section 455.200 et seq., of the Statutes of Missouri.
[Ord. No. 5403, 2-4-2019]
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 (P.O.S.T.)
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. Ninety-five percent (95%)
shall be paid to the Director of Revenue for the State of Missouri
and five percent (5%) shall be paid to the City General Revenue account.
7.
Upon 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 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 County 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 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 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 City of Richmond Heights 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. 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. Such surcharge shall increase to
two hundred and fifty dollars ($250.00) effective January 1, 2018.
12.
The Municipal Court may establish a Judicial Education Fund
and an Appointed Counsel Fund, each in separate accounts under the
control of the Municipal Court to retain one dollar ($1.00) of the
fees collected on each case, except in cases where the charges are
dismissed or to be paid by the City. The fees collected shall be allocated
between the two (2) funds as determined by the Court. The Judicial
Education Fund shall be used only to pay for:
a.
The continuing education and certification required of the municipal
judges by law or Supreme Court Rule; and
b.
Judicial education and training for the Court Administrator
and Clerks of the Municipal Court. The Appointed Counsel Fund shall
be used only to pay the reasonable fees approved by the Court for
the appointment of an attorney to represent any defendant found by
the Judge to be indigent and unable to pay for legal representation,
and where the Supreme Court rules or the law prescribes such appointment.
Provided, further, that the Municipal Court shall not retain more
than one thousand five hundred dollars ($1,500.00) in the Judicial
Education Fund for each Judge, Administrator or Clerk of the Municipal
Court and no more than five thousand dollars ($5,000.00) in the Appointed
Counsel Fund. Any excess funds shall be transmitted quarterly to the
General Revenue Fund of the City.
13.
There shall be assessed as Court costs a fee for court automation
of seven dollars ($7.00) pursuant to Missouri Statutes and Supreme
Court Operating Rules.
[Ord. No. 5403, 2-4-2019]
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.
[CC 1984 §2-83; Ord. No. 3140 §2-52; Ord. No. 3502 §1, 12-4-1978; Ord. No. 4218 §1, 7-5-1988; Ord. No. 5348 § 1, 12-19-2016]
When a fine is assessed for violation of the provisions of an
ordinance of the City, 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 the Judge may deem appropriate.
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, 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;
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
them 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, they shall be committed to jail until discharged by due course
of law. There shall be a presumption that releasing the person under
any conditions shall not reasonably assure the appearance of the person
as required if the Judge reasonably believes that the person is an
alien unlawfully present in the United States. If such presumption
exists, the person shall be committed to the County Jail until such
person provides verification of their lawful presence in the United
States or otherwise rebuts such presumption. If the person adequately
proves their lawful presence or otherwise rebuts such presumption,
the Judge shall review the issue of release, without regard to previous
issues concerning whether the person is lawfully present in the United
States. If the person cannot prove their lawful presence or otherwise
rebut such presumption, the person shall continue to be committed
to the jail and remain until discharged by due course of law.
[1]
Editor’s Note: Ord. No. 5348 also changed the title
of this Section from “Bail” to “Bail And Release.”
[Ord. No. 5348 § 1, 12-19-2016]
A.
Any person arrested and charged with violating any of the traffic
ordinances of the City may at the discretion of the officer authorized
by law or rule of Court to accept bail, deposit his/her chauffeur's
or operator's license issued by the State with the officer demanding
bail in lieu of any other security for an appearance in Court to answer
any such charge except:
1.
When directed under law to take a person immediately before
a Judge;
2.
When the violation involves death;
3.
When the violation involves a person who is an habitual user
of drugs or who is under the influence of intoxicating liquor or drugs
or one (1) who permits another person who is an habitual user of drugs
or under the influence of intoxicating liquor or drugs to operate
a motor vehicle owned by the defendant or in his/her custody or control;
4.
When the violation involves leaving the scene of an accident;
5.
When the violation involves driving with a suspended or revoked
driver's license or a driver's license which has been expired
for more than sixty (60) days;
6.
When the violator is not a resident of the State of Missouri,
does not live within fifty (50) miles of the City of Richmond Heights,
or it appears doubtful the violator will appear pursuant to a written
summons; or
7.
When bail is ordered by the Court or by Court rule.
B.
The Law Enforcement Officer requiring security for an appearance
may accept the deposit of the driver's license in lieu of bail,
and if the driver's license is accepted, shall issue a receipt
to the licensee for the license upon a form approved by the Municipal
Court. The licensee may, until he/she has appeared at the proper time
and place as stated in the receipt to answer the charge placed against
him/her, operate motor vehicles while in possession of the receipt.
If a continuance is requested and granted, the licensee shall be given
a new receipt for his/her license or the Municipal Court Clerk may
return the license.
C.
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 this Section in lieu of bail, decline to do so and instead post
bail of fifty dollars ($50.00) per traffic offense allegedly committed
as provided in Section 135.120.
[1]
State Law References: See Sections 544.455 and 544.470, RSMo.
[Ord. No. 5348 § 1, 12-19-2016]
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 their presence, but such officer shall promptly file
a written complaint with the Court hearing violations of municipal
ordinances.
[1]
State Law Reference: See Section 479.110, RSMo.
[CC 1984 §2-85; Ord. No. 3140 §2-54; Ord. No. 3502 §1, 12-4-1978; Charter §3.9; Ord. No. 4218 §1, 7-5-1988; Ord. No. 4526 §5, 1-18-1994; Ord. No. 4906 §1 — 3, 8-2-2004; Ord. No. 5348 § 1, 12-19-2016]
A.
Appointment And Qualifications. The Council shall appoint an officer
who shall have the title of Municipal Judge and who shall serve at
the pleasure of the Council. The person appointed to such position
must have the following qualifications:
B.
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 Chapters 300 and 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 pre-sentence
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 their characteristics, their financial condition, their social
history and the circumstances affecting their 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.
C.
Provisional Municipal Judge. The Mayor shall appoint a person or
persons to the position of Provisional Municipal Judge who shall have
the same qualifications as the Municipal Judge. The Provisional Municipal
Judge shall serve as Municipal Judge in the event the Municipal Judge
is unable to perform such duties of office due to absence, illness
or disqualification to hear certain matters.
D.
Compensation. The Council shall by resolution fix the compensation
of the Municipal Judge and Provisional Municipal Judge.
E.
May Serve As Judge For Other Municipalities And Accept Other Employment.
F.
When Disqualified.[2] A Municipal Judge shall be disqualified to hear any case
in which they are in anywise interested or otherwise disqualified
by law, 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, except that no party shall be
precluded from requesting any change of Judge for cause at any time
pursuant to applicable Court rule.
[2]
State Law Reference: Similar provisions, Section 479.220,
RSMo.; rule 37.53.
[1]
State Law Reference: Similar provisions, Section 479.070,
RSMo.
[CC 1984 §2-90; Ord. No. 4556 §1, 6-6-1994; Ord.
No. 4950 §1, 9-19-2005; Ord. No. 5348 § 1, 12-19-2016]
A.
Warrant Defined — Who May Issue, Execute.
1.
An "administrative warrant" is a written order of the Municipal
Judge permitting the entry of City Officials on or into private property
to enforce the City's housing, zoning, health and safety regulations
when government entry on or into such private property is otherwise
authorized by Missouri law. A warrant may issue only in conformance
with this Section and only for the enforcement of the City's
housing, zoning, health and safety regulations, specifically:
2.
The Municipal Judge, having original and exclusive jurisdiction
to determine violations against the ordinances of the municipality,
may issue an administrative warrant when:
a.
The property or place to be entered, searched or inspected or
the thing to be seized is located within the City at the time of the
making of the application; and
3.
Any such warrant shall be directed to the Chief of Police or
any other Police Officer of the City and shall be executed by the
Chief of Police or said Police Officer, in conjunction with Code Enforcement
Officer or other appropriate City Official, within the City limits
and not elsewhere.
B.
Who May Apply For Warrant — Contents Of Application.
1.
Any Code Enforcement Officer, Police Officer or attorney of
the City may make application to the Municipal Judge for the issuance
of an administrative 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:
e.
State facts sufficient to show probable cause for the issuance
of a warrant:
(1)
To search or inspect for violations of an ordinance
or Code Section specified in the application; or
(2)
To show that entry or seizure is authorized and
necessary to enforce an ordinance or Code Section specified in the
application and that 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 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. The application may be submitted by facsimile or other
electronic means.
C.
Hearing And Procedure — Contents Of Warrant — Execution
And Return.
1.
Hearing And Procedure.
a.
The Municipal Judge shall determine whether probable cause exists
to inspect or search for violations of any City 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 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 ordinance or Code Section, the passage
of time since the property's last inspection and the authority
authorizing government entry onto private property. 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 ordinance or Code Section or to enforce any such ordinance
or Code Section, a 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 one (1) copy
of the warrant as issued shall be retained in the records of the Municipal
Court.
2.
Contents Of Warrant. The warrant shall:
a.
Be in writing and in the name of the City;
b.
Be directed to any Police Officer in the City;
c.
State the time and date the warrant was issued;
d.
Identify the property or places to be searched, inspected or
entered upon in sufficient detail and particularity that the officer
executing the warrant can readily ascertain it;
e.
Command that the described property or places be searched or
entered upon and that any evidence of any suspected City ordinance
violations or any pertinent property conditions found therein or thereon
be seized, recorded or photographed and a description of such property
be returned, within ten (10) days after filing of the application,
to the Clerk of the Municipal Court, 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 warrant issued under this Section shall be executed only by
a City Police Officer, provided, however, that one (1) or more designated
City Officials may accompany the officer and the warrant shall be
executed in the following manner:
(1)
The warrant may be issued by facsimile or other
electronic means.
(2)
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.
(3)
The officer shall give the owner or occupant of
the property searched, inspected or entered upon a copy of the warrant.
(4)
Itemized receipt for seized property.
(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 an attorney for the City within two (2)
working days of the search.
(c)
The disposition of property seized pursuant to
a warrant under this Section shall be in accordance with an applicable
City ordinance or Code Section, but in the absence of same, then with
Section 542.301, RSMo.
(5)
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.
(6)
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.
(7)
A 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.
4.
After Execution — Return To Be Delivered To The Court.
a.
After execution of the warrant, the warrant, with a return thereon
signed by the officer making the search, shall be delivered to the
Municipal Court.
b.
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.
c.
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.
d.
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 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;
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.
[CC 1984 §2-95; Ord. No. 3140 §2-63; Ord. No. 3502 §1, 12-4-1978; Ord. No. 4218 §1, 7-5-1988; Ord. No. 4255 §1, 1-3-1989; Ord. No. 5348 § 1, 12-19-2016]
The position of Clerk of the Richmond Heights Municipal Division
of the St. Louis County Circuit Court is hereby established. The City
Manager may appoint such deputies or assistants to the Court Clerk
as he/she may deem necessary. They shall hold office at the discretion
of the City Manager.
[1]
Editor’s Note: Former Section 140.080, Appointment and
Term of Clerk, which derived from CC 1984 §2-96; Ord. No. 3140
§2-64; Ord. No. 3502 §1, 12-4-1978; Ord. No. 4218 §1,
7-5-1988 was repealed 12-19-2016 by § 1 of Ord. No. 5348.
[CC 1984 §2-97; Ord. No. 3140 §2-65; Ord. No. 3502 §1, 12-4-1978; Ord. No. 4218 §1, 7-5-1988; Ord. No. 5348 § 1, 12-19-2016]
The Clerk of the Richmond Heights Municipal Division of the
St. Louis County Circuit Court shall perform such duties and have
such authority as may be prescribed by Statute, ordinance and Court
rule, or as may be otherwise prescribed by the Presiding Judge of
the St. Louis County Circuit Court, by the Municipal Judge or by the
City Manager.
[CC 1984 §2-98; Ord. No. 3140 §2-66; Ord. No. 3502 §1, 12-4-1978; Ord. No. 4218 §1, 7-5-1988; Ord. No. 5348 § 1, 12-19-2016]
The Court Clerk shall collect all fines, costs and fees assessed
by the Court; and, within the first ten (10) days of every month,
shall pay to the City Treasury the full amount of all fines, costs
and fees collected during the previous month, except such sums as
shall be due and payable to the State of Missouri, the County or P.O.S.T.
or other applicable fund, which shall be paid wherever applicable.
[CC 1984 §2-99; Ord. No. 3140 §2-67; Ord. No. 3502 §1, 12-4-1978; Ord. No. 4218 §1, 7-5-1988; Ord. No. 5015 §1, 3-5-2007; Ord. No. 5348 § 1, 12-19-2016]
Until modified or otherwise provided by a Supreme Court Rule,
the Court Clerk shall, upon request of the City Clerk, make a list
of all cases heard or tried before the Municipal Judge during the
preceding month, giving in each case the name of the defendant, the
fine imposed, if any, the amount of costs and fees, the names of defendants
committed and the cases in which there was an application for trial
de novo, respectively. Such list shall be verified by affidavit of
the Court Clerk or the Municipal Judge and the City Clerk shall lay
the same before the City Council at its first meeting thereafter.
[Ord. No. 5348 § 1, 12-19-2016[1]]
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 their 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 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 577.001, RSMo., 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, Section 577.049,
RSMo. (302.580 eff 1-1-2017)
[Ord. No. 5348 § 1, 12-19-2016[1]]
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 their 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. No person shall be detained in order to coerce
payment of fines and costs.
[1]
State Law Reference: Similar provisions, Section 479.180,
RSMo.
[Ord. No. 5348 § 1, 12-19-2016[1]]
Any Judge hearing violations of municipal ordinances may, when
in their 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, Section 479.190,
RSMo.
[Ord. No. 5348 § 1, 12-19-2016[1]]
In all cases tried before the Municipal Court, except where
there has been a plea of guilty or a jury trial, 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.
[1]
State Law Reference: Similar provisions, Section 479.200(2),
RSMo.
[Ord. No. 5348 § 1, 12-19-2016]
Pursuant to Section 302.341.1 RSMo., 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 payment 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/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 provide notice to the defendant
and otherwise follow the procedures set forth in Section 302.341.1,
RSMo., to suspend the person's driver's license.
[Ord. No. 5348 § 1, 12-19-2016[1]]
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 General Revenue Fund of the
City.
[1]
State Law Reference: Similar provisions, Section 479.210,
RSMo.
[Ord. No. 5348 § 1, 12-19-2016]
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 desire
to have counsel appointed to represent them. No such person shall
be sentenced to any period of confinement unless they are represented
by counsel.
