Platte City, MO
Platte County
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Table of Contents
Table of Contents

Section 125.010 Established.

[CC 1992 §120.010; R.O. 1979 §6.000]
There is hereby established a Court in the City to be known as the Municipal Court, which shall be held by the Municipal Judge.

Section 125.020 Municipal Judge — Election — Term of Office — Oath of Office — Qualifications.

[CC 1992 §120.020; Ord. No. 689 §2, 10-13-1993]
A. 
On the first (1st) Tuesday in even-numbered years hereafter, qualified voters of the City shall elect some suitable person Municipal Judge who shall hold his/her office for a term of two (2) years and until his/her successor is elected and qualified.
B. 
The Municipal Judge shall qualify within fifteen (15) days after he/she has received his/her certificate of election from the City Clerk, by taking and subscribing the oath of office required by law.
C. 
The Municipal Judge shall be at least twenty-one (21) years of age. No person shall serve as Municipal Judge after reaching his/her seventy-fifth (75th) birthday. The Municipal Judge shall be licensed to practice law in the State of Missouri and be a resident of Missouri.

Section 125.030 Municipal Judge — Conservator of Peace — Jurisdiction — Absence — Vacancy in Office.

[CC 1992 §120.030; R.O. 1979 §6.200; Ord. No. 689 §3, 10-12-1993]
A. 
The Municipal Judge shall be the conservator of the peace and shall have the exclusive, original jurisdiction to hear and determine all offenses against the ordinances of the City. He/she shall keep a docket in which he/she shall enter every case commenced before him/her and the proceedings therein and he/she shall deliver such docket and all books and papers pertaining to his/her office to his/her successor in office.
B. 
If a Municipal Judge be absent, sick or disqualified from acting pursuant to the general administrative authority of the Presiding Judge of the Circuit Court over the Municipal Divisions within the circuit contained in Section 478.240, RSMo., a special Municipal Judge may be designated in accordance with the provisions of Section 479.230, RSMo., until such absence or disqualification shall cease.
C. 
Should a vacancy occur in the office of Municipal Judge, any such vacancy shall be filled as otherwise provided by this Code.

Section 125.040 Municipal Judge — Powers and Duties Generally — Compensation.

[CC 1992 §120.040; R.O. 1979 §6.300]
A. 
It shall be the duty of the Municipal Judge to tax all costs in the Municipal Court; to make out and issue all processes of the Court each month, a list of all cases heard or tried before him/her during the preceding month, giving the name of the defendant, the fine imposed, if any, the amount of costs, the names of the defendants committed and the cases appealed, respectively. He/she shall verify such reports and lists by oath made before the City Clerk who is hereby authorized to administer such oath and the City Clerk shall lay such reports and lists before the Board of Aldermen at its first (1st) meeting thereafter.
B. 
The Municipal Judge shall have power to administer oaths and enforce due obedience to all orders, rules and judgments made by him/her within the scope of his/her authority and may fine and imprison for contempt offered to the Municipal Judge while holding Court.
C. 
The Municipal Judge may, in his/her discretion, remit, in whole or in part, any fine, penalty or forfeiture assessed by him/her for the breach of any ordinance and may grant reprieves and pardons after conviction of any offense and may attach any reasonable condition to such remittance, reprieve or pardon as in his/her judgment would further the ends of justice; provided, that nothing in this Section shall be so construed as to authorize the Municipal Judge to remit any costs which may accrue to any officer of the City by reason of any prosecution under the law, this Code or other ordinances of the City.
D. 
The Municipal Judge shall be compensated in such amount as shall be determined by resolution of the Board of Aldermen.

Section 125.050 Jurisdiction — Summons, Complaints and Warrants Generally.

[CC 1992 §120.050; R.O. 1979 §6.400]
A. 
The Municipal Court shall have jurisdiction of all suits for the recovery of any fine, forfeiture or penalty imposed for the violation or breach of any provision of this Code or other ordinance of the City, which suit and proceeding therein shall be in the nature of a civil action and shall be entitled "The City of Platte City against ______________" (naming the person or persons charged). No person shall be put on trial and no fine or penalty shall be imposed by the Municipal Judge in any case in the Municipal Court except as hereinafter provided.
B. 
When any person shall violate any provision of this Code or other ordinance of this City in the presence of the Director of Public Safety or City Police Officer, the Director of Public Safety or Police Officer shall execute a summons in triplicate and deliver one (1) copy of said summons to the person guilty of the violation; another copy shall be delivered to the Municipal Judge and a third (3rd) copy shall be filed as provided by the Director of Public Safety. The form of such summons shall be substantially as provided in the Revised Statutes of Missouri and the Missouri Rules of Court.
C. 
Summons issued for offenses committed in the presence of any officer shall be signed by such officer and shall specify the offense charged and the date and time the person therein named shall appear before the Municipal Judge. Summons for offenses not committed in the presence of an officer shall be issued by the Municipal Judge or Clerk of the Municipal Court after a duly executed and verified complaint and information are presented.
D. 
Warrants may issue in lieu of summons.
E. 
On the date and time specified in the warrant or summons, the person shall appear before the Municipal Judge and the Municipal Judge shall proceed to hear the case and make such disposition of the same as may seem just and equitable in the circumstances.
F. 
If any person named in a summons shall fail or refuse to appear before the Municipal Judge on the date and at the time specified in said summons, the officer issuing said summons shall forthwith execute or cause to be executed and filed with the Municipal Judge an information or a complaint and the Municipal Judge shall issue a warrant returnable forthwith which shall be delivered to the Director of Public Safety, City Police Officer or the Sheriff of the County who shall proceed forthwith to execute the same according to the demand thereof. The form of such complaint and warrant shall be substantially as provided in the Revised Statutes of Missouri and the Missouri Rules of Court.
G. 
Upon receipt of a complaint and issuance of a warrant as stated in this Section, a Municipal Judge shall have jurisdiction of the case and he/she shall proceed and make such order and disposition of the case as may seem just and equitable in the circumstances.

Section 125.060 Joinder of Parties in One Complaint — Amending Complaints.

[CC 1992 §120.060; R.O. 1979 §6.410]
The complaint may include several persons charged with the same offense. No proceeding shall be dismissed or any defendant discharged by reason of any informality or irregularity in the complaint but such complaint may be amended by leave of Court at any time before or during the trial prior to the retirement of the jury or the findings of the Municipal Judge, without prejudice to either party.

Section 125.070 The Authority of Police To Arrest Without Warrant — Giving Summons To Person Arrested Without Process.

[CC 1992 §120.070; R.O. 1979 §6.420]
A. 
The Director of Public Safety and the City Police Officers are hereby authorized to arrest any person, without any warrant, found in the act of violating any provision of this Code or other ordinance of this City.
B. 
Any person arrested without process shall be given a summons as herein provided.

Section 125.080 Bail Required — Amount — Entry On Docket — Forfeiture.

[CC 1992 §120.080; R.O. 1979 §6.430]
A. 
All persons arrested, either with or without process, shall be required to post a bond, either in cash or with sufficient security.
B. 
Such bond may be set and received by the arresting officer who shall give a receipt therefor, but such bond shall not be for more than the maximum fine imposed for the violation charged. Such bond shall be on condition that the defendant will appear before the Municipal Judge at the time and place appointed.
C. 
In the event of a violation of the traffic ordinances of this City, the arresting officer may take and receipt for the Missouri driver's license of the person arrested in lieu of cash or surety bond.
D. 
Such bond shall be on condition that the defendant will appear before the Municipal Judge at the time and place appointed. If the person so arrested fails to post bond, then he/she may be confined in the City Jail until he/she is able to post bond or until such time as he/she can be taken before the Municipal Judge.
E. 
The Municipal Judge shall enter upon his/her docket a memorandum of every bond filed in his/her office under Subsection (D) of this Section, noting the substance thereof and the actions thereon.
F. 
The forfeiture of any bond made within thirty (30) days may be set aside by the Municipal Judge by the defendant appearing or being brought into Court and showing good cause for the setting aside of such forfeiture, by the affidavit of himself/herself or some credible person for him/her and also paying all the costs caused by such forfeiture.

Section 125.090 Issuance and Service of Subpoenas — Service of Process On City.

[CC 1992 §120.090; Ord. No. 685 §1, 10-13-1993]
A. 
The City and the defendant in any matter pending before the Platte City Municipal Court shall be entitled to process for witnesses. A subpoena shall be issued by the Judge or the Clerk of the Court. It shall state the name and the Court and the title of the proceedings and shall command each person to whom it is directed to attend and give testimony at the time and place specified therein. A subpoena signed by the Judge or Clerk, but otherwise blank, may be issued to a party requesting it, who shall fill in the blanks before it is served.
B. 
A subpoena duces tecum may be issued which shall command the person to whom it is directed to produce the books, papers, documents or other objects designated therein.
C. 
A subpoena may be served by any Peace Officer or by any other person who is not a party and who is not less than eighteen (18) years of age. A subpoena may be served any place within the State of Missouri and fees and mileage need not be tendered to the witness upon service of a subpoena.
D. 
All process for which it may be necessary to serve the City may be served by delivering the same to the Mayor and complying with any applicable law or rule for service of process upon individuals.

Section 125.100 Rules of Court — Conduct — Procedure.

[CC 1992 §120.100; R.O. 1979 §6.600]
A. 
If a defendant fails to appear in the Municipal Court at the time properly designated, his/her bond may be forfeited or a warrant may be issued for his/her arrest and, upon being brought before the Court, a hearing shall be held to determine his/her guilt or innocence.
B. 
If any witness duly summoned shall fail to appear, the Municipal Judge may issue an attachment for him/her to compel his/her attendance and may, moreover, fine him/her for contempt of court in a sum not to exceed five hundred dollars ($500.00) and the costs of the attachment.
C. 
The Municipal Judge, upon the application of either party and it being made to appear to the satisfaction of the Court that the party so applying cannot safely go to trial because of the absence of a material witness or of evidence material to the issue and that such witness or evidence may be obtained within a reasonable time, may grant a continuance.
D. 
If, in the progress of any trial before the Municipal Judge, it shall appear that the accused ought to be put on trial for an offense against the criminal laws of the State and not cognizable before the Municipal Court of the City, he/she shall immediately stop all proceedings before him/her as Municipal Judge and cause a complaint to be made at once before some Associate Circuit Judge within the County, having jurisdiction, who shall thereon proceed as in other cases cognizable before an Associate Circuit Judge.

Section 125.110 Disqualification of Judge.

[CC 1992 §120.110]
The Municipal Judge shall be disqualified to hear any case in which he/she is in anywise interested or, if before the trial is commenced, the defendant or the prosecutor files an affidavit that the defendant or the City, 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 City shall be entitled to file more than one (1) affidavit or disqualification in the same case.

Section 125.120 Imposition of Jail Sentence.

[CC 1992 §120.140; R.O. 1979 §6.640]
A. 
In all cases wherein the defendant shall have been found guilty and the sentence imposed shall be a term in the City Jail (or the County Jail if the City has no suitable and safe City Jail available), the Municipal Judge shall make and deliver to a City Police Officer a commitment reciting the offense, date of conviction, term of imprisonment and costs taxed against the defendant and said Police Officer shall forthwith transport said defendant to the City Jail (or County Jail) for the term of such sentence or until otherwise discharged or paroled.
B. 
Every person committed to the County Jail shall bear the expense of his/her commitment and support while in jail and the property of such person shall be subject to the payment of such expense, as well as costs adjudged against him/her and may be levied on and sold under the orders of the Municipal Court to satisfy said judgment and expense.

Section 125.130 City Prisoners May Be Put To Work On Public Works — Payment of Fines By Working.

[CC 1992 §120.150; R.O. 1979 §6.650; Ord. No. 315 §§1 — 4, 9-8-1977]
A. 
All persons who have been convicted and sentenced by the Judge of the Municipal Court, or other court having jurisdiction, for violation of an ordinance of this City, whether punishable by fine, imprisonment or both, may be put to work and perform labor on the public streets, highways and alleys or other public works or buildings of this City for such purposes as this City may deem necessary.
B. 
The Director of Public Safety shall have the authority to cause all prisoners, as may be directed by the Judge of the Municipal Court, to work out the full number of days for which such prisoner shall have been sentenced, at working upon such public streets, highways, alleys or other public works or buildings of this City as may have been designated.
C. 
If the punishment is to be a fine and the fine be not paid, then for every ten dollars ($10.00) of such fine the prisoner shall work one (1) day. It shall be deemed a part of the judgment and sentence of the Court that such prisoner may be worked as herein provided.

Section 125.140 Discharge of Prisoner.

[CC 1992 §120.160; R.O. 1979 §6.660]
Whenever the prisoner sentenced to a term in the City Jail shall have served such term, performed any work required under this Code, or be otherwise discharged or paroled, the Director of Public Safety shall certify such fact to the Municipal Judge who shall enter satisfaction of the judgment on his/her docket.

Section 125.150 Duties of Director of Public Safety While in Court.

[CC 1992 §120.170; R.O. 1979 §6.700]
A. 
The Director of Public Safety shall attend all sessions of the Municipal Court and perform such duties as are requested by the Municipal Judge. He/she shall, in the absence of a Municipal Court Clerk, collect all fines and Court costs assessed by the Municipal Judge, except in those cases where the costs are assessed to the City. He/she shall pay any such fines and costs collected during each month to the City Treasurer on or before the third (3rd) day of the succeeding month taking a duplicate receipt thereof, one (1) of which receipt shall be immediately filed with the City Clerk. The City Clerk shall place such receipt before the Board of Aldermen at the first (1st) meeting thereafter.
B. 
The Director of Public Safety or other Policeman he/she may designate shall be responsible for keeping the peace and orderly decorum of the courtroom while the Municipal Court is in session.

Section 125.160 Use of A Uniform Traffic Ticket in Lieu of Summons.

[CC 1992 §120.180; R.O. 1979 §6.800]
In lieu of the summons and information provided for in this Chapter, all traffic cases may be instituted and prosecuted in the Municipal Court upon the filing therein by a Police Officer of a uniform traffic ticket, duly executed and signed by the Police Officer, which uniform traffic ticket shall be in substantially the same form as provided for in the Supreme Court Rules of the State of Missouri, which uniform traffic ticket is hereby referred to and incorporated herein by reference.

Section 125.170 Contempt of Court.

[CC 1992 §120.190; R.O. 1979 §6.900; Ord. No. 355 §2, 3-11-1981]
A. 
Any person who shall conduct himself/herself in such a manner during any regular or special session of the Municipal Court of Platte City, which conduct shall raise to the level of willful disregard for the authority of such Court, shall be guilty of contempt.
B. 
In punishing any person found guilty of contempt under Subsection (A) of this Section, the Municipal Judge shall have the same power to fine or imprison as may be exercised by a Circuit Judge.
C. 
Any person who has been placed on probation by the Municipal Court and who willfully violates the terms or conditions of said probation as imposed by the Court shall be guilty of contempt and shall be punished by a fine of not less than twenty-five dollars ($25.000 nor more than five hundred dollars ($500.00) or by imprisonment for a term of not less than one (1) day nor more than ninety (90) days, or by both such fine and imprisonment.

Section 125.180 Assessment and Collection of Costs.

[CC 1992 §120.120; Ord. No. 355 §1, 3-11-1981; Ord. No. 619 §2, 9-28-1992; Ord. No. 687 §1, 10-13-1993; Ord. No. 1143 §1, 1-20-2000; Ord. No. 1217 §1, 9-13-2001; Ord. No. 1262 §1, 9-25-2002; Ord. No. 1754 §1, 8-27-2013]
A. 
Court costs in the Municipal Court of the City of Platte City shall be twelve dollars ($12.00) per case.
B. 
In all cases dismissed at the request of the complaining witness, the costs shall be assessed against and collected from the complaining witness.
C. 
There shall be collected as additional costs in each case, other than non-moving traffic violations, the sum of two dollars ($2.00) which shall be deposited in a special account in the City Treasury and which shall be used to defray the costs of training Police Officers so that such officers shall meet the minimum standards for officers as set forth in the Statutes of this State.
D. 
There shall be collected as additional costs in each case, other than non-moving traffic violations, the sum of seven dollars and fifty cents ($7.50) which shall be forwarded to the State Crime Victims' Compensation Fund in accordance with provisions of State Statutes.
E. 
Upon a plea of guilty or a finding of guilty for a violation of any Platte City Code Section involving alcohol- or drug-related traffic offenses, the Municipal Court may, in addition to the imposition of any other penalties provided by ordinance, order the convicted person to pay costs in the amount of one hundred dollars ($100.00) as reimbursement for the costs associated with the arrest of such person for the alcohol- or drug-related traffic offense. Upon collection of such costs, the Court Clerk shall pay the costs into the General Revenue of the City of Platte City.
F. 
Pursuant to Section 488.607, RSMo., the court costs are hereby amended to charge an additional surcharge of two dollars ($2.00) for each case filed before the Municipal Judge for the benefit of shelters for victims of domestic violence established pursuant to Sections 455.200 to 455.230, RSMo.
G. 
Pursuant to Section 57.995, RSMo., the court costs are hereby amended to charge an additional surcharge of three dollars ($3.00) in each case for the Sheriffs' Retirement Fund created by Section 57.995, RSMo.
H. 
There shall be collected as additional costs in each case, other than non-moving traffic violations, the sum of one dollar ($1.00) which shall be forwarded to the Treasurer of the State of Missouri to the credit of the Police Officer's Standards and Training Commission Fund created by Section 590.140, RSMo.
I. 
Actual costs assessed against the City by the County Sheriff for apprehension or confinement in the County Jail or costs assessed against the City by any other detention facility.
J. 
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.
K. 
Any other reasonable cost as may be otherwise provided by ordinance, including, but not limited to, costs of confinement, including any necessary transportation related thereto, medical costs incurred by the City while a defendant is in City custody, and costs related to the arrest and testing of any person for any intoxication-related traffic offense as set out in Subsection (E) hereof.

Section 125.190 Assessment and Collection of Fine.

[CC 1992 §120.130; R.O. 1979 §6.630]
In all cases wherein the defendant is found guilty, the Municipal Judge shall assess a penalty within the limits set forth in this Code and such penalty, if in the form of a money fine, shall immediately be paid by the defendant; provided however, the Municipal Judge may, in his/her discretion, allow the fine to be paid on an installment basis under such terms and conditions as he/she may deem appropriate.