State Law Reference — Courts in third class cities, §§98.320
et seq., RSMo.
[R.O. 2007 §21-1; Ord. No. 4353 §2, 11-6-1978]
There is hereby established in this City a Municipal Court to
be known as the "Poplar Bluff Municipal Court, a Division of the 36th
Judicial Circuit Court of the State of Missouri". This Court is a
continuation of the Court of the City as previously established and
is termed herein "the Municipal Court".
[R.O. 2007 §21-2; Ord. No. 4353 §2, 11-6-1978]
The jurisdiction of the Municipal Court shall extend to all
cases involving alleged violations of the ordinances of the City. "Heard and determined", for purposes of this Chapter, shall
mean any process under which the court in question retains the final
authority to make factual determinations pertaining to allegations
of a municipal ordinance violation.
[R.O. 2007 §21-3; Ord. No. 4353 §2, 11-6-1978]
The Judge of the City's Municipal Court shall be known as a
Municipal Judge of the 36th Judicial Circuit Court and shall be selected
as follows:
He/she shall be appointed to his/her position by the City Council
for a term as specified herein.
[R.O. 2007 §21-4; Ord. No. 4353 §2, 11-6-1978]
The Municipal Judge shall hold his/her office for a period of
two (2) years and shall take office biannually from January first
(1st). If for any reason a Municipal Judge vacates his/her office,
his/her successor shall complete that term of office, even if the
same be for less than two (2) years.
[R.O. 2007 §21-5; Ord. No. 4353 §2, 11-6-1978; Ord. No. 5669 §1, 9-20-1993; Ord. No. 6988 §1, 8-20-2007]
A.
The
Municipal Judge shall vacate his/her office under the following circumstances:
1.
Upon removal from office by the State Commission of the Retirement,
Removal and Discipline of Judges as provided in Missouri Supreme Court
Rule 12; or
2.
Upon attaining his/her seventy-fifth (75th) birthday; or
3.
If he/she should lose his/her license to practice law within the
State of Missouri.
[R.O. 2007 §21-6; Ord. No. 4353 §2, 11-6-1978; Ord. No. 5669 §1, 9-20-1993; Ord. No. 6988 §1, 8-20-2007]
A.
The
Municipal Judge shall possess the following qualifications before
he/she shall take office:
1.
He/she must be a licensed attorney, qualified to practice law within
the State of Missouri.
2.
He/she need not reside within the City.
3.
He/she must a resident of the State of Missouri.
4.
He/she must be between the ages of twenty-one (21) and seventy-five
(75) years.
5.
He/she may serve as Municipal Judge for any other municipality.
6.
He/she may not hold any other office within the City Government.
7.
The Municipal Judge shall be considered holding a part-time position
and as such may accept (within the requirements of the Code of Judicial
Court Missouri Supreme Court Rule 2) other employment.
[R.O. 2007 §21-7; Ord. No. 4353 §2, 11-6-1978]
The Municipal Court of the City shall be subject to the rules
of the Circuit Court of which it is a part and to the rules of the
State Supreme Court. The Municipal Court shall be subject to the general
administrative authority of the Presiding Judge of the Circuit Court
and the Judge and Court personnel of said Court shall obey his/her
directives.
[R.O. 2007 §21-8; Ord. No. 4353 §2, 11-6-1978]
The Municipal Judge shall cause to be prepared within the first
ten (10) days of every month a report indicating the following:
A list of all cases heard and tried before the Court during
the preceding month, giving in each case the name of the defendant,
the fine imposed if any, the amount of cost, the names of the defendants
committed and in the cases where there was an application for trial
de novo, respectively. The same shall be prepared under oath by the
Municipal Court Clerk or the Municipal Judge. This report will be
filed with the City Clerk who shall thereafter forward the same to
the City Council for examination at its first (1st) session thereafter.
The Municipal Court shall, within the ten (10) days after the first
(1st) of the month, pay to the Municipal Treasurer the full amount
of all fines collected during the preceding months, if they have not
previously been paid.
[R.O. 2007 §21-9; Ord. No. 4353 §2, 11-6-1978]
The Municipal Judge shall be a conservator of the peace. He/she
shall keep a docket in which he/she shall enter every case commenced
before him/her and the proceedings therein and he/she shall keep such
other records as may be required. Such docket and records shall be
records of the Circuit Court of Butler County. The Municipal Judge
shall deliver the docket and records of the Municipal Court and all
books and papers pertaining to his/her office to his/her successor
in office or to the Presiding Judge of the Circuit.
[R.O. 2007 §21-10; Ord. No. 6466 §1, 2-19-2002]
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 Section
479.050, RSMo.
2.
Administer oaths and enforce due obedience to all orders, rules and
judgments made by him/her and may fine and imprison for contempt committed
before him/her while holding court in the same manner and to the same
extent as a Circuit Judge.
3.
Commute the term of any sentence, stay execution of any fine or sentence,
suspend any fine or sentence and make such other orders as the Municipal
Judge deems necessary relative to any matter that may be pending in
the Municipal Court. In addition, the Municipal Judge is hereby authorized
to order, in his/her discretion, contribution to the Poplar Bluff
Crime Reduction Fund as a condition to any suspended imposition or
execution of any fine or sentence that may otherwise be imposed.
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.
The Municipal Judge shall have such other powers, duties and privileges
as are or may be prescribed by the laws of this State, this Code or
other ordinances of this City.
[R.O. 2007 §21-11; Ord. No. 4353 §2, 11-6-1978]
Should the Municipal Judge determine that there shall be a Violations
Bureau, the City shall provide all expenses incident to the operation
of the same. The City Collector is hereby designated as the Violations
Clerk for said Bureau, if established.
[R.O. 2007 §21-12; Ord. No. 4353 §2, 11-6-1978]
All warrants issued by a Municipal Judge shall be directed to
the City Marshal, Chief of Police or any other Police Officer of the
municipality or to the Sheriff of the County. The warrant shall be
executed by the Marshal, Chief of Police, Police Officer or Sheriff
any place within the limits of the County and not elsewhere unless
the warrants are endorsed in the manner provided for warrants in criminal
cases and, when so endorsed, shall be served in other Counties as
provided for in warrants in criminal cases.
[Ord. No. 6525 §1, 9-3-2002]
A.
Search Warrant Defined — Who May Issue, Execute.
1.
An administrative search warrant is a written order of the Municipal
Judge commanding the search or inspection of any property, place or
thing, and the seizure, photographing, copying or recording of property
or physical conditions found thereon or therein, to determine or prove
the existence of violations of any ordinance or Code Section of the
City relating to the use, condition or occupancy of property or structures
located within the City, or to enforce the provisions of any such
ordinance or Code Section.
2.
The Municipal Judge having original and exclusive jurisdiction to
determine violations against the ordinances of the municipality may
issue an administrative search warrant when:
a.
The property or place to be searched or inspected or the thing to
be seized is located with the City at the time of the making of the
application, and
b.
The owner or occupant of the property or place to be searched or
inspected or the thing to be seized has refused to allow same after
official request by the building inspector or his/her designated representative.
3.
Any such warrant shall be directed to the Chief of Police or any
other Police Officer of the City of Poplar Bluff and shall be executed
by the Chief of Police or said Police Officer within the City limits
and not elsewhere.
B.
Who May Apply For Warrant — Contents Of Application.
1.
Any Police Officer or an attorney of the City may make application
to the Municipal Judge for the issuance of an administrative search
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 has been requested by the building
inspector or his/her designated representative to allow such action
and has refused to allow such action;
e.
State facts sufficient to show probable cause for the issuance of a search warrant, as provided in Subsection (C)(1) hereof to:
(1)
Search or inspect for violations of an ordinance or Code Section
specified in the application, or
(2)
Show that entry or seizure is authorized and necessary to enforce
an ordinance or Code Section specified in the application and that
any required 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 search 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.
C.
Hearing And Procedure — Contents Of Warrant — Execution
And Return.
1.
Hearing and procedure.
a.
The Municipal Judge shall hold a non-adversary hearing to determine
whether probably 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 and the passage of time since
the property's last inspection. 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 search warrant shall immediately be issued.
d.
The warrant shall issue in the form of an original and two copies,
and the application, any supporting affidavit and one copy of the
warrant as issued shall be retained in the records of the Municipal
Court.
2.
Contents of search warrant. The search warrant shall:
a.
Be in writing and in the name of the City of Poplar Bluff;
b.
Be directed to any Police Officer in the City of Poplar Bluff:
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 City ordinance violations found
therein or thereon, or any property seized pursuant thereto, or a
description of such property seized, be returned, within ten (10)
days after filing of the application, to the Municipal Judge who issued
the warrant, to be dealt with according to law; and
f.
Be signed by the judge, with his/her title of office indicated.
3.
Execution and return.
a.
A search warrant issued under this Section shall be executed only
by a City Police Officer, provided however, that one or more designated
City officials may accompany the officer, and the warrant shall be
executed in the following manner:
(1)
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.
(2)
The officer shall give the owner or occupant of the property
searched, inspected or entered upon a copy of the warrant.
(3)
When property seized.
(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 search 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.
(4)
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.
(5)
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.
(6)
A search 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.
b.
Return of search warrant.
(1)
After execution of the search warrant, the warrant, with a return
thereon signed by the officer making the search, shall be delivered
to the Municipal Court.
(2)
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.
(3)
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.
(4)
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 search 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
of Poplar Bluff;
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.
[R.O. 2007 §21-13; Ord. No. 4353 §2, 11-6-1978]
The City Marshal, Chief of Police or other Police Officer of
the City may, without a warrant, make arrest of any person who commits
an offense in his/her presence, but such officer shall, before the
trial, file a written complaint with the Judge hearing violations
of municipal ordinances.
[R.O. 2007 §21-14; Ord. No. 4353 §2, 11-6-1978]
Any person charged with a violation of a municipal ordinance
of this City shall be entitled to a trial by jury, as in prosecutions
for misdemeanors before an Associate Circuit Judge. Whenever a defendant
accused of a violation of a municipal ordinance demands trial by jury,
the Municipal Court shall certify the case to the Presiding Judge
of the Circuit Court for reassignment.
[R.O. 2007 §21-15; Ord. No. 4353 §2, 11-6-1978]
It shall be the duty of an attorney designated by the municipality
to prosecute the violations of the City's ordinances before the Municipal
Judge or before any Circuit Judge hearing violations of the City's
ordinances. The salary or fees of the attorney and his/her 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.
[R.O. 2007 §21-16; Ord. No. 4353 §2, 11-6-1978]
It shall be the duty of the Municipal Judge to summon all persons
whose testimony may be deemed essential as witnesses at the trial
and to enforce their attendance by attachment, if necessary. The fees
of witnesses shall be the same as those fixed for witnesses in trials
before Associate Circuit Judges and shall be taxed as other costs
in the case. When a trial shall be continued by a Municipal Judge,
it shall not be necessary to summon any witnesses who may be present
at the continuance; but the Municipal Judge shall orally notify such
witnesses as either party may require to attend before him/her on
the day set for trial to testify in the case and enter the names of
such witnesses on his/her docket, which oral notice shall be valid
as a summons.
A.
If,
in the progress of any trial before the Municipal Judge, it shall
appear to the Judge that the accused ought to be put upon trial for
an offense against the criminal laws of the State and not cognizable
before him/her as Municipal Judge, he/she shall immediately stop all
further proceedings before him/her as Municipal Judge and cause the
complaint to be made before some Associate Circuit Court Judge of
the County.
B.
For
purposes of this Section, any offense involving the operation of a
motor vehicle in an intoxicated condition as defined in Section 577.001,
RSMo., shall not be cognizable in Municipal Court, if the defendant
has been convicted, found guilty, or pled guilty to two (2) or more
previous intoxication-related traffic offenses as defined in Section
577.023, RSMo., or has had two (2) or more previous alcohol-related
enforcement contacts as defined in Section 302.525, RSMo.
[R.O. 2007 §21-18; Ord. No. 4353 §2, 11-6-1978]
If, in the opinion of the Municipal Judge, the City has no suitable
and safe place of confinement, the Municipal Judge may commit the
defendant to the County Jail and it shall be the duty of the Sheriff,
if space for the prisoner is available in the County Jail, upon receipt
of a warrant of commitment from the Judge to receive and safely keep
such prisoner until discharged by due process of law. The municipality
shall pay the board of such prisoner at the same rate as may now or
hereafter be allowed to such Sheriff for the keeping of such prisoner
in his/her custody. The same shall be taxed as cost.
A.
Any
Judge hearing violations of municipal ordinances may, when in his/her
judgment it may seem advisable, grant a parole or probation to any
person who shall plead guilty or who shall be convicted after a trial
before such Judge. When a person is placed on probation, he/she shall
be given a certificate explicitly stating the conditions on which
he/she is being released.
B.
In
addition to such other authority as exists to order conditions of
probation, the Court may order conditions which the Court believes
will serve to compensate the victim of the crime, any dependent of
the victim, or society in general. Such conditions may include, but
need not be limited to:
C.
A person
may refuse probation conditioned on the performance of free work.
If he/she does so, the Court shall decide the extent or duration of
sentence or other disposition to be imposed and render judgment accordingly.
Any County, City, person, organization or agency or employee of a
County, City, organization or agency charged with the supervision
of such free work or who benefits from its performance shall be immune
from any suit by the person placed on parole or probation or any person
deriving a cause of action from him/her if such cause of action arises
from such supervision of performance, except for intentional torts
or gross negligence. The services performed by the probationer or
parolee shall not be deemed employment within the meaning of the provisions
of Chapter 288, RSMo.
D.
The
Court may modify or enlarge the conditions of probation at any time
prior to the expiration or termination of the probation term.
In any case tried before the Municipal Judge, except where there
has been a plea of guilty or where the case has been tried with a
jury, the defendant shall have a right of trial de novo before a Circuit
Court Judge or upon assignment before an Associate Circuit Court Judge.
An application for a trial de novo shall be filed within ten (10)
days after judgment and shall be filed in such form and perfected
in such manner as provided by Supreme Court rule.
[R.O. 2007 §21-21; Ord. No. 4353 §2, 11-6-1978]
In all cases in which a jury trial has been demanded, a record
of the proceedings shall be made and appeals may be had upon that
record to the appropriate Appellate Court.
[R.O. 2007 §21-22; Ord. No. 4353 §2, 11-6-1978]
In the case of a breach of any recognizance entered into before
a Municipal Judge or an Associate Circuit Judge hearing a municipal
ordinance violation case, the same shall be deemed forfeited and the
Judge shall cause the same to be prosecuted against the principal
and surety, or either of them, in the name of the municipality as
plaintiff. Such action shall be prosecuted before a Circuit Judge
or Associate Circuit Judge and in the event of cases caused to be
prosecuted by a Municipal Judge, such shall be on the transcript of
the proceedings before the Municipal Judge. All monies recovered in
such actions shall be paid over to the Municipal Treasury to the General
Revenue Fund of the municipality.
[R.O. 2007 §21-23; Ord. No. 4353 §2, 11-6-1978]
A 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 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.
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.
[R.O. 2007 §21-25; Ord. No. 4353 §2, 11-6-1978]
A.
The
Court Officer, as designated by the City Manager, is hereby designated
as the Clerk of the Municipal Court. The duties of said Clerk shall
be as follows:
1.
To collect such fines for violations of such offenses as may be described
and the Court costs thereof.
2.
To take oaths and affirmations.
3.
To accept signed complaints and allow the same to be signed and sworn
to or affirmed before him/her.
4.
Sign and issue subpoenas requiring the attendance of witnesses and
sign and issue subpoenas duces tecum.
5.
Accept the appearance, waiver of trial and plea of guilty and payment
of fine and costs in Violation Bureau cases or as directed by the
Municipal Judge, generally act as Violations Clerk of the Violations
Bureau.
6.
Perform all other duties as provided for by ordinance, by rules of
practice and procedure adopted by the Municipal Judge and by the Missouri
Rules of Practice and Procedure in Municipal and Traffic Courts and
by Statute.
7.
Maintain, properly certified by the City Clerk, a complete copy of
the ordinances of the City of the municipality which shall constitute
prima facie evidence of such ordinance before the Court. Further,
to maintain a similar certified copy on file with the Clerk serving
the Circuit Court of this County.
[R.O. 2007 §21-26; Ord. No. 4353 §2, 11-6-1978; Ord. No. 6478 §1, 3-18-2002; Ord. No. 6744 §§1 — 2, 11-23-2004]
A.
In
addition to any fine that may be imposed by the Municipal Judge in
any case filed in the Poplar Bluff Municipal Division of the 36th
Judicial Circuit Court, and in addition to all other fees authorized
or required by law, there shall be assessed as costs the following:
1.
Costs of Court in the amount of twelve dollars ($12.00).
2.
Police Officer training fee. A fee of three dollars
($3.00) is hereby established and assessed as additional Court costs
in each Court proceeding, except that no such fee shall be collected
when the proceedings against the defendant have been dismissed.
a.
Two dollars ($2.00) of each such Court cost shall be transmitted
monthly to the Treasurer of the City and used to pay for Police Officer
training as provided by Sections 590.100 to 590.180, RSMo. The City
shall not retain for training purposes more than one thousand five
hundred dollars ($1,500.00) of such funds for each certified Law Enforcement
Officer or candidate for certification employed by the City. Any excess
funds shall be transmitted quarterly to the City's General Fund.
b.
One dollar ($1.00) of each such Court cost shall be sent to the State
Treasury to the credit of the Peace Officers Standards and Training
Commission Fund created by Section 590.178, RSMo.
3.
Crime Victims' Compensation Fund. An additional
sum of seven dollars fifty cents ($7.50) shall be assessed and added
to the basic costs in Subparagraph (1) of this Section, provided that
no such cost shall be collected in any proceeding when the proceeding
or the defendant has been dismissed by the Court. All sums collected
pursuant to this Subparagraph shall be paid at least monthly as follows:
4.
There may also be assessed a two dollar ($2.00) cost per case for
each municipal ordinance violation. Said costs shall be sent to Haven
House, a shelter for victims of domestic violence established pursuant
to Sections 455.200 — 455.230, RSMo. The Municipal Judge may
waive assessment of the cost in those cases where the defendant is
found by the Judge to be indigent and unable to pay the cost. Such
cost shall be collected by the Municipal Court Clerk and disbursed
to the City at least monthly. The City use such additional costs only
for the purpose of providing operating expenses for Haven House as
a shelter for victims of domestic violence.
5.
The City Council hereby authorizes the Municipal Court of the City
of Poplar Bluff to impose a two dollar ($2.00) surcharge in all proceedings
filed in Municipal Court, said surcharge to be assessed as a component
of court costs. Said surcharge shall hereinafter be known as an "Inmate
Security Fund Surcharge" and shall be used to pay expenses related
to the custody, housing and other costs associated with the incarceration
of City Code offenders. Such monies may also be used to develop and
maintain a biometric verification system for the Municipal Court.
6.
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.
7.
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.
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.
9.
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 Section 130.260(10) hereof.
10.
Reimbursement of certain costs of arrest.
a.
Upon a plea or a finding of guilty of violating the provisions of Sections 342.020 or 342.030 of this Code or any ordinance of the City of Poplar Bluff 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 Police Department for the costs associated with such arrest.
b.
Such costs hereby authorized shall include the reasonable cost of
making the arrest, including the cost of any chemical test made as
authorized or required by law or ordinance 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.
c.
The Chief of Police may establish a schedule of such costs hereby
authorized and shall submit the same to the Municipal Judge. However,
the Court may order the costs reduced if it determines that the costs
are excessive.
[R.O. 2007 §21-27; Ord. No. 4353 §2, 11-6-1978]
The costs of any action may be assessed against the prosecuting
witness and judgment be rendered against him/her that he/she pay the
same and stand 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.
[R.O. 2007 §21-28; Ord. No. 4353 §2, 11-6-1978]
When a fine is assessed for violating an ordinance, it should
be within the discretion of the Judge assessing the fine to provide
for the payment of a fine on an installment basis under such terms
and conditions as he/she may deem appropriate.
[R.O. 2007 §21-29; Ord. No. 4353 §2, 11-6-1978]
In the event of a transfer of any matter before the Municipal
Judge to an Associate Circuit Judge, the Municipal Judge shall require
such bond of the defendant as the Municipal Judge shall deem appropriate,
the fact that he/she had been disqualified to hear the matter not
withstanding.
[R.O. 2007 §21-30; Rev. Ords. 1951 §29.060; Ord. No. 4353 §3, 11-6-1978]
The City shall provide, at the expense of the City, a suitable
courtroom for the Municipal Judge. He/she shall hold his/her court
in such courtroom and his/her court shall be open every day except
Sunday.
[R.O. 2007 §21-31; Rev. Ords. 1951 §§30.000,
30.030; Ord. No. 4353 §3, 11-6-1978]
A.
Any
person who has been convicted in the Municipal Court and sentenced
by the Municipal Judge for violation of any provision of this Code
or of the City, whether the punishment be by fine or imprisonment,
or by both, may be put to work and required to perform labor on the
public streets, highways and alleys or other public works on buildings
of the City.
B.
Any
person who shall work out a fine imposed upon him/her by the Judge
shall receive credit toward his/her fine and costs in the amount of
ten dollars ($10.00) for each day which said person works.
[R.O. 2007 §21-32; Rev. Ords. 1951 §29.040; Ord. No. 4353 §3, 11-6-1978]
The Municipal Judge shall deliver his/her docket and all other
books and papers pertaining to his/her office to his/her successor
in office.
[R.O. 2007 §21-33; Rev. Ords. 1951 §29.040; Ord. No. 4353 §3, 11-6-1978]
No change of venue shall be granted or taken in any trial before
the Municipal Judge for the violation of any City ordinance.
[R.O. 2007 §21-51; Rev. Ords. 1951 §29.390; Ord. No. 4353 §3, 11-6-1978]
When property alleged to have been stolen, purloined, embezzled
or obtained by false pretenses shall come into the custody of the
Chief of Police, he/she shall hold the same subject to the order of
the Municipal Judge or other Court authorized to direct the disposition
thereof.
[R.O. 2007 §21-52; Rev. Ords. 1951 §29.400; Ord. No. 4353 §3, 11-6-1978]
Upon satisfactory proof of the title of any owner of any illegally
obtained property, the Municipal Judge may order the same to be delivered
to such owner on his/her paying the reasonable and necessary expenses
incurred in the safekeeping and preservation of such property, to
be certified to by the Judge, which order shall entitle the owner
to demand and receive such property.
[R.O. 2007 §21-53; Rev. Ords. 1951 §29.430; Ord. No. 4353 §3, 11-6-1978]
Any person arrested for the violation of any ordinance of this
City may be admitted to bail by executing a bond to the City, with
one (1) or more good and sufficient sureties, to be approved by the
Municipal Judge, conditioned that the person will appear on the day
therein named before the Municipal Court to answer the charge against
him/her and all bonds taken as above provided shall be filed with
the Judge.
[R.O. 2007 §36-83]
There is hereby created and established in and for the City
a Violations Bureau to assist the court with the clerical work of
traffic cases.
[R.O. 2007 §36-84]
The Violations Bureau shall be comprised of the Municipal Judge,
Clerk of the Municipal Court and the desk sergeant.
[R.O. 2007 §36-85]
The Violations Bureau shall be in charge of such persons and
shall be open at such hours as the Bureau shall designate from time
to time.
[R.O. 2007 §36-86]
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 notice of arrest at the Violations
Bureau upon entering a plea of guilty and upon waiving appearance
in court or may have the option of depositing required lawful bail
and upon a plea of not guilty shall be entitled to a trial as authorized
by law.
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 — Similar provisions, §300.555,
RSMo.
[R.O. 2007 §36-87]
A.
The
following duties are hereby imposed upon the Violations Bureau in
reference to traffic offenses:
1.
It shall accept designated fines, issue receipts and represent in
court such violators as are permitted and desire to plead guilty,
waive court appearance and give power of attorney;
2.
It shall receive and issue receipts for cash bail from the persons
who must or wish to be heard in court, enter the time of their appearance
on the court docket and notify the arresting officer and witnesses,
if any, to be present.
[1]
State Law Reference — Similar provisions, §300.560,
RSMo.
[R.O. 2007 §36-88]
The Violations Bureau shall keep records and submit summarized
monthly reports to the Municipal Court of all notices issued and arrests
made for violation of the traffic laws and ordinances in the City
and of all the fines collected by the Violations Bureau or the court
and of the final disposition or present status of every case of violation
of the provisions of said laws and ordinances. Such records shall
be so maintained as to show all types of violations and the totals
of each. Said records shall be public records.
[1]
State Law Reference — Similar provisions, §300.565,
RSMo.
[R.O. 2007 §36-89]
The Violations Bureau shall follow such procedure as may be
prescribed by the traffic ordinances of the City or as may be required
by any laws of this State.
[R.O. 2007 §36-90]
All fines or forfeitures collected upon conviction or upon the
forfeiture of bail of any person charged with a violation of any of
the provisions of this Chapter shall be paid into the City Treasury
and deposited in general funds.
[1]
State Law Reference — Similar provisions, §300.570,
RSMo.
[R.O. 2007 §36-124; Ord. No. 5851 §1, 11-20-1995]
If a Missouri resident charged with a moving traffic violation
of the City fails to dispose of the charges of which he/she is accused
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/her for any such violation within
the period of time specified, the Municipal Court shall within ten
(10) days of the failure to comply inform the defendant by ordinary
mail at the last address shown on the court records that the court
will order the Director of Revenue to suspend the defendant's driving
privileges if the charges are not disposed of and fully paid within
thirty (30) days from the date of mailing. Thereafter, if the defendant
fails to timely act to dispose of the charges and fully pay any applicable
fines and court costs, the court shall notify the Director of Revenue
of such failure and of the pending charges against the defendant.
Upon receipt of this notification, the Director shall suspend the
license of the driver, effective immediately, and provide notice of
the suspension to the driver at the last address for the driver shown
on the records for the Department of Revenue. Such suspension shall
remain in effect until satisfactory evidence of disposition of pending
charges and payment of fine and court costs, if applicable, is furnished
to the Director by the court. Upon proof of disposition of charges
and payment of fine and court costs, if applicable, and payment of
the reinstatement fee as set forth in Section 302.304, RSMo., the
Director shall reinstate the license.
