[Ord. No. 73 §1, 1-4-1982; Ord.
No. 432 §1, 5-16-1994]
There is hereby established in the City a court to be known
as the Municipal Court of the City of Scott City, Missouri. Said court
shall be a division of the 33rd Judicial Circuit and shall have original
jurisdiction to hear and determine all violations against the ordinances
of the City.
[Ord. No. 1025 §1, 7-20-2015]
As used in this Chapter, the following terms shall have the
meanings indicated:
Costs, fees or surcharges which are retained by a County,
City, Town, or Village upon a finding of guilty or plea of guilty,
and shall exclude any costs, fees or surcharges disbursed to the State
or other entities by a County, City, Town or Village.
A City ordinance violation prosecuted that does not involve
an accident or injury, that does not involve the operation of a commercial
motor vehicle, and for which the Department of Revenue is authorized
to assess no more than four (4) points to a person's driving record
upon conviction. Minor traffic violation shall exclude a violation
for exceeding the speed limit by more than nineteen (19) miles per
hour or a violation occurring within a construction zone or school
zone.
[Ord. No. 73 §2, 1-4-1982; Ord.
No. 432 §2, 5-16-1994]
A.
The
Judge of the City's Municipal Court shall be known as the Municipal
Judge. The Municipal Judge shall be appointed by the Mayor, with the
consent and approval of the City Council, for a term as specified
herein. The Municipal Judge shall be designated as the Chief Municipal
Judge and shall have general administrative authority over any Special
Municipal Judge.
B.
The
Municipal Judge shall hold office for a period of four (4) years,
and shall take office for quadrinomial terms from April, 1994, and
shall be paid for his/her services at a rate established by the City
Council. If for any reason a Municipal Judge vacates the office, the
successor shall complete the term of office, even if the same shall
be less than four (4) years.
C.
The
Mayor, with the consent and approval of the City Council, may also
appoint a Special Municipal Judge, who shall be known as the Special
Municipal Judge, and who shall hear particular cases where the Municipal
Judge has been disqualified from acting by virtue of the Missouri
Supreme Court Rules. In all cases where the Special Municipal Judge
is disqualified from acting pursuant to the Missouri Supreme Court
Rules, the Chief Municipal Judge shall request the Presiding Judge
of the Circuit Court to assign another Judge to hear the case or to
request that the Presiding Judge direct a request to the Missouri
Supreme Court to assign a Judge for that purpose. A Special Municipal
Judge shall hold office for a period of two (2) years from the date
of his/her appointment, and shall be paid for services rendered at
a rate established by the City Council.
[Ord. No. 73 §3, 1-4-1982; Ord.
No. 432 §3, 5-16-1994]
A.
The
Municipal Judge or any Special Municipal Judge shall vacate their
office upon the following circumstances:
[Ord. No. 73 §4, 1-4-1982; Ord.
No. 172 §1, 5-5-1986; Ord. No. 432 §4, 5-16-1994]
A.
The
Municipal Judge shall possess the following qualifications before
he shall take office:
1.
He must be a licensed attorney, qualified to practice law within
the State of Missouri.
2.
He must be a resident of the State of Missouri.
3.
He must be between the ages of twenty-one (21) and seventy (70) years.
4.
He may serve as Municipal Judge for any other municipality.
5.
He may not hold any other office within the City Government.
6.
The Municipal Judge shall be considered holding a part-time position,
and as such may accept (within the requirements of the Code of Judicial
Conduct, Missouri Supreme Court Rule 2) other employment.
[Ord. No. 73 §5, 1-4-1982]
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 directives.
[Ord. No. 73 §5, 1-4-1982]
The Municipal Judge shall be a conservator of the peace. He
shall keep a docket in which he shall enter every case commenced before
him and the proceedings therein and he shall keep such other records
as may be required. Such docket and records shall be records of the
Circuit Court of Scott County. The Municipal Judge shall deliver the
docket and records of the Municipal Court, and all books and papers
pertaining to his office, to his successor in office or to the presiding
Judge of the Circuit.
[Ord. No. 73 §7, 1-4-1982]
A.
The
Municipal Judge shall be and is hereby authorized to:
1.
Establish a Traffic 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, and may fine and imprison for contempt committed
before him 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 Section, 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. Any and all
rules made or adopted hereunder may be annulled or amended by an ordinance
limited to such purpose; provided, that such ordinance does not violate,
or conflict with, the provisions of the Missouri Rules of Practice
and Procedure in Municipal and Traffic Courts, or State Statutes.
5.
The Municipal Judge shall have such other powers, duties and privileges
as are or may be prescribed by the laws of this State, and other ordinances
of this City.
[Ord. No. 73 §8, 1-4-1982]
A.
Should
the Municipal Judge determine that there shall be a Traffic Violations
Bureau, the City shall provide all expenses incident to the operation
of same. The City Collector is hereby designated as the Traffic Violations
Clerk for said Bureau, if established.
B.
The
Traffic Violations Clerk will accept the appearance, waiver of trial
and plea of guilty and payment of fine and costs in Traffic Violation
Bureau cases or as directed by the Municipal Judge.
[Ord. No. 73 §9, 1-4-1982]
All warrants issued by a Municipal Judge shall be directed to
the Chief of Police, or any other Police Officer of the municipality
or to the Sheriff of the County. The warrant shall be executed by
the Chief of Police, Police Officer, or Sheriff any place within the
limits of the County.
[Ord. No. 73 §10, 1-4-1982]
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
ten (10) days prior to the hearing date, the Municipal Judge shall
certify the case to the presiding Judge of the Circuit Court for reassignment,
as provided in Rule 37.61 of the Missouri Rules of Procedure.
[Ord. No. 73 §11, 1-4-1982]
If, in the progress of any trial before a Municipal Judge, it
shall appear to the Judge that the accused ought to be put upon trial
for an offense against the criminal laws of the State and not cognizable
before him as Municipal Judge, he shall immediately stop all further
proceedings before him as Municipal Judge and cause the complaint
to be made before some Associate Circuit Judge within the County.
[Ord. No. 73 §12, 1-4-1982]
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 custody. The same shall be taxed as cost.
[Ord. No. 73 §13, 1-4-1982]
Any Judge hearing violations of Municipal ordinances may, when
in his judgement 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 said Judge.
[Ord. No. 90 §2, 10-4-1982]
Effective January 1, 1984, the Municipal Court may, in connection
with the disposition of any offense which is a "point offense" resulting in the assessment of one (1), two (2), three (3), or four
(4) points by the State Director of Revenue under the provisions of
RSMo., §302.302 (1), (2), or (4), order the staying of the assessment
of points upon satisfactory completion of a driver improvement program
approved by the State Director of the Department of Public Safety,
as provided by RSMo. §302.320.4.
[Ord. No. 73 §14, 1-4-1982]
The defendant shall have a right to a trial de novo, except
a plea of guilty or a case which has been tried by a jury, before
a Circuit Judge or an Associate Circuit Judge. Such application for
a trial de novo shall be filed within ten (10) days after the judgment
and shall be in the form as provided by Supreme Court rules.
[Ord. No. 73 §15, 1-4-1982]
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 Appellant Court.
[Ord. No. 73 §16, 1-4-1982]
A.
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.
B.
All
monies recovered in such actions shall be paid over to the Municipal
Treasury to the General Revenue Fund of the municipality.
[Ord. No. 73 §17, 1-4-1982]
A Municipal Judge shall be disqualified to hear any case in
which he 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.
[Ord. No. 73 §18, 1-4-1982]
If a Municipal Judge be absent, sick or disqualified from acting,
the Mayor may designate some competent, eligible person to act as
Municipal Judge until such absence or disqualification shall cease.
[Ord. No. 73 §19, 1-4-1982; Ord.
No. 172 §2, 5-5-1986]
A.
The
Clerk of the Municipal Court shall be appointed by the Mayor and approved
by the Council. The duties of said Clerk may 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.
4.
Sign and issue subpoenas requiring the attendance of witnesses and
sign and issue subpoenas duces tecum.
5.
Perform all other duties as provided for by ordinance, by rules of
Practice and Procedure in Municipal and Traffic Courts and by Statutes.
6.
Maintain, properly certified by the City Clerk, a complete copy of
the ordinances of the City or 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.
[Ord. No. 172 §3, 5-5-1986; Ord.
No. 432 §5, 5-16-1994; Ord. No. 491 §1, 8-7-1995]
In addition to any fine that may be imposed by the Municipal
Judge, there is assessed Court costs in the amount of twelve dollars
($12.00), which shall be collected by the Municipal Court, plus an
additional two dollars ($2.00) in Court costs, provided said additional
two dollars ($2.00) in Court costs shall not be collected from non-moving
traffic violations, which said costs are in addition to service costs,
witness fees, jail costs, alcohol-related processing costs, and costs
of victims of domestic violence, as otherwise provided by State Statute
and Municipal Ordinances.
[1]
Editor's Note — Ord. no. 775 §1, adopted April
4, 2005, repealed section 150.205 "judgments — alcohol-related
traffic offenses" in its entirety. Former section 150.205 derived
from ord. no. 691 §1, 9-4-2001. At the editor's discretion, this
section has been reserved for the city's future use.
[Ord. No. 73 §21, 1-4-1982]
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 may deem appropriate.
[Ord. No. 244 §§1
— 2, 11-7-1988; Ord. No. 397 §1, 3-1-1993; Ord.
No. 532 §1, 10-7-1996; Ord. No. 651 §1, 2-25-2000; Ord.
No. 693 §1, 9-4-2001]
A.
The
Scott City Municipal Court is hereby directed to collect from each
defendant convicted of a moving traffic violation an additional seven
dollars fifty cents ($7.50) in costs to cover the Crime Victims' Compensation
Fund.
B.
The
Municipal Court is further directed to pay seven dollars thirteen
cents ($7.13) of the additional seven dollars fifty cents ($7.50)
collected from each defendant to the Missouri Department of Revenue
and to pay the remaining thirty-seven cents ($.37) into the City Treasury.
C.
Costs For Domestic Violence.
1.
In addition to all other Court costs authorized by State Statutes
or by the City Code of Scott City, Missouri, the Scott City Municipal
Court is hereby directed to collect from each defendant the sum of
two dollars ($2.00) for each Court proceeding filed for violation
of the ordinances of the City.
2.
The Judge may waive assessment of the costs in those cases where
a defendant is found by the Judge to be indigent or unable to pay.
3.
Such costs shall be collected by the Clerk and disbursed as directed
by the City Council monthly.
4.
The City shall use such additional costs only for the purpose of
providing operating expenses for shelters for battered persons as
defined in Sections 455.200 — 455.230, RSMo.
D.
Cost For Training Fund. In addition to all other costs authorized
by the State Statutes or the City Code of Scott City, Missouri, the
Scott City Municipal Court is hereby directed to collect from each
defendant the sum of three dollars ($3.00) for each Court proceeding
filed for violation of the ordinances of the City, one dollar ($1.00)
of said costs shall be sent to the State Treasury for the credit of
the Peace Officers Standards and Training Commission Fund created
in Section 590.178, RSMo. The Clerk shall disburse the funds to the
State Treasury as provided by Section 514.015, RSMo. Two dollars ($2.00)
of said costs shall be distributed to the local training fund maintained
by the Municipal Police Department.
F.
Show-Me
Courts (SMC) Software Cost. In addition to all other costs authorized
by State Statute or by the City Code, the Scott City Municipal Court
is hereby directed to collect from each defendant convicted of a municipal
offense the sum of seven dollars ($7.00) to cover the City's automation
fee for implementation and maintenance of the Show-Me Courts (SMC)
Software.
[Ord. No. 1124, 7-2-2018]
G.
In
addition to all other cost authorized by State Statute or by the City
Code, the Scott City Municipal Clerk is directed to collect an additional
one dollar ($1.00) from each defendant convicted of a municipal ordinance
violation for training court personnel with relation to Show-Me Court
(SMC) Software.
[Ord. No. 1124, 7-2-2018]
[Ord. No. 520 §1, 8-5-1996]
In all cases brought before the Judge in Municipal Court for
violation of any ordinances of the City, the sum of twenty dollars
($20.00) shall be taxed as costs for the issuance of warrants.
[Ord. No. 285 §§1
— 3, 11-20-1989; Ord. No. 527 §1, 9-3-1996]
A.
The
City hereby assesses a boarding fee of fifteen dollars ($15.00) per
day for all prisoners incarcerated in the City Jail on charges relating
to municipal ordinance violations and twenty-five dollars ($25.00)
per day for all prisoners incarcerated in the City Jail on charges
relating to violations of State or Federal law.
B.
The Municipal Judge, upon a finding of guilty against any defendant, shall assess as additional costs the cost of boarding said defendant as set forth in Subsection (A) of this Section. The Municipal Judge may require payment of said boarding cost as a condition of probation.
C.
The
City Attorney is hereby authorized to collect, through appropriate
legal action, any delinquent boarding cost incurred in the City Jail
by any person, which was assessed by the Municipal Judge upon a finding
of guilty.
[Ord. No. 1025 §2, 7-20-2015]
B.
The Court shall not sentence a person to confinement, except the
court may sentence a person to confinement for violations involving
alcohol or controlled substances, violations endangering the health
or welfare of others, and eluding or giving false information to a
law enforcement officer.
C.
A person shall not be placed in confinement for failure to pay a
fine unless such nonpayment violates terms of probation.
D.
Court costs that apply shall be assessed against the defendant unless
the court finds that the defendant is indigent based on standards
set forth in determining such by the presiding judge of the circuit.
Such standards shall reflect model rules and requirements to be developed
by the Supreme Court.
E.
No court costs shall be assessed if the case is dismissed.
[Ord. No. 1025 §3, 7-20-2015]
If a person fails to pay court costs, fines, fees, or other
sums ordered by the Municipal Court, to be paid to the State or political
subdivision, a Municipal Court may report any such delinquencies in
excess of twenty-five dollars ($25.00) to the Director of the Department
of Revenue and request that the department seek a setoff of an income
tax refund as provided by Sections 143.782 to 143.788, RSMo.
[Ord. No. 1025 §4, 7-20-2015]
A.
Defendants in custody pursuant to an initial arrest warrant issued
by the municipal court have an opportunity to be heard by a judge
in person, by telephone or video conferencing as soon as practicable
and not later than forty-eight (48) hours on minor traffic violations
and not later than seventy-two (72) hours on other violations and,
if not given that opportunity, are released.
B.
Defendants in custody shall not be held more than twenty-four (24)
hours without a warrant after arrest.
C.
Defendants are not detained in order to coerce payment of fines and
costs.
D.
The Municipal Court shall establish procedures to allow indigent
defendants to present evidence of their financial condition and takes
such evidence into account if determining fines and costs and establishing
related payment requirements.
E.
The Municipal Court shall only assess fines and costs as authorized
by law.
F.
No additional charge shall be issued for the failure to appear for
a minor traffic violation.
G.
The Municipal Court shall conduct proceedings in a courtroom that
is open to the public and large enough to reasonably accommodate the
public, parties and attorneys.
H.
The Municipal Court shall make use of alternative payment plans and
community service alternatives.
I.
The Municipal Court shall maintain an electronic payment system or
payment by mail system for the payment of minor traffic violations.
