[R.O. 2008 §20.100; Ord. No. 1265, 12-26-1978]
There is hereby established in the City of Olivette a Municipal
Court, to be known as the Olivette Municipal Court, a Division of
the Twenty-First Judicial Circuit of the State of Missouri. This Court
is a continuation of the Municipal Court of the City of Olivette,
as same has been previously established.
[R.O. 2008 §20.102; Ord. No. 1265, 12-26-1978]
The Olivette Municipal Court shall have jurisdiction to hear
and determine all cases arising under the ordinances of the City of
Olivette.
[R.O. 2008 §20.104; Ord. No. 1265, 12-26-1978; Ord. No.
2641, 9-11-2018]
A.
The Olivette Municipal Court shall be presided over by a Municipal
Judge who shall be appointed by the City Council. The City Council
shall also appoint a provisional judge, who shall preside over the
Olivette Municipal Court if the Municipal Judge is absent or is unable
to act or if the office is vacant. If both the Municipal Judge and
the provisional judge are absent or unable to act, or if both offices
are vacant, the Presiding Judge of the St. Louis County Circuit Court
shall appoint an eligible and duly qualified person to act as Judge
of the Municipal Court until such time as the absence, unavailability,
or vacancy is resolved.
B.
The Municipal Judge and the provisional judge: (i) shall be appointed
for terms of two (2) years; (ii) shall be residents of Missouri and
licensed members of the Missouri Bar for at least five (5) years prior
to appointment; (iii) shall be at least twenty-five (25), but not
more than seventy-five (75), years in age; and (iv) shall hold no
other office in the City of Olivette.
C.
The Municipal Judge and provisional judge shall be part-time positions,
and they shall receive compensation as determined by the Olivette
City Council. The Municipal Judge and the provisional judge may, within
the requirements of the Missouri Supreme Court's Code of Judicial
Conduct and any other applicable rule, hold other employment.
[R.O. 2008 §20.106; Ord. No. 1265, 12-26-1978]
The Municipal Judge of the Olivette Municipal Court shall be
subject to the rules of the St. Louis County Circuit Court and the
rules of the Missouri Supreme Court. The Presiding Judge of the St.
Louis County Circuit Court shall have general administrative authority
over the Olivette Municipal Court Judge and the personnel of the Olivette
Municipal Court.
[R.O. 2008 §20.108; Ord. No. 1265, 12-26-1978]
A.
The
Municipal Judge of the Olivette Municipal Court shall have such powers,
duties and privileges as are or may hereafter be prescribed by the
laws of this State and the ordinances of this City and shall be and
is 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 such Judge and may fine or imprison for contempt
committed before such 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 such Judge
deems necessary relative to any matter pending in the Municipal Court;
4.
Make and adopt such rules of practice and procedure as are necessary
to carry out the provisions of this Chapter and make and adopt such
rules of practice and procedure as are necessary to hear and decide
matters pending before the Olivette Municipal Court in accordance
with the Missouri Rules of Practice and Procedure in Municipal and
Traffic Courts and the Court Reform and Revision Act of 1978.
[R.O. 2008 §20.110; Ord. No. 1265, 12-26-1978; Ord. No. 2507 §1, 11-12-2013]
A.
There
is hereby created the office of Prosecuting Attorney. The Prosecuting
Attorney shall be appointed by the Council by ordinance, and the compensation,
terms, and conditions of the appointment shall be fixed by contract.
The Prosecuting Attorney shall be licensed to practice law in the
State of Missouri.
B.
The
Prosecuting Attorney shall, on behalf of the City, prosecute the violation
of the ordinances of the City before the Olivette Municipal Court
and the St. Louis County Circuit Court.
C.
The
Council shall appoint one or more Assistant Prosecuting Attorneys
from time to time to act as the Prosecuting Attorney when the Prosecuting
Attorney is unavailable or has a disqualifying conflict.
[R.O. 2008 §20.112; Ord. No. 1265, 12-26-1978]
A.
There
shall be a Clerk of the Municipal Court, whose duties shall be as
follows:
1.
To take oaths and affirmations and to accept signed complaints and
allow the same to be signed and sworn to or affirmed;
2.
To sign and issue subpoenas and subpoenas duces tecum;
3.
Accept the appearance, waiver of trial and plea of guilty and payment
of fine and costs in the Traffic Violations Bureau and to generally
act as Violations Clerk of the Traffic Violations Bureau;
4.
To collect fines and court costs;
5.
To perform all other duties as may be provided by applicable Court
Rule, Statute or ordinance.
[R.O. 2008 §20.114; Ord. No. 1257, 9-12-1978; Ord. No.
1265, 12-26-1978; Ord. No. 1319, 6-10-1980; Ord. No. 1669, 6-12-1990; Ord. No. 1876, 1-23-1996; Ord. No. 2376 §1, 6-24-2008]
A.
There
shall be assessed as costs against a defendant pleading guilty or
found guilty after trial costs as fixed by the ordinances of the City,
provided that such costs shall not be assessed against any defendant
found by the Municipal Court Judge to be indigent and unable to pay
costs. Such costs are in addition to service costs, witness fees and
jail costs which may otherwise be authorized to be assessed. Such
costs shall be assessed in connection with pleas of guilty processed
in the Traffic Violations Bureau of the City of Olivette.
B.
Court costs shall be assessed in the amount of twelve dollars ($12.00) per case for each municipal ordinance violation case filed in the Olivette Municipal Court against each defendant pleading guilty or found guilty after trial, provided that such costs shall not be assessed against any defendant found by the Municipal Court Judge to be indigent and unable to pay the costs. Said costs are in addition to service costs, witness fees and jail costs that may otherwise be authorized to be assessed and are further in addition to the costs authorized for the training of City Police Officers as set forth in Subsection (D) hereof and for crime victims compensation as set forth in Subsection (C) hereof.
C.
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:
D.
Additional Costs.
1.
In addition to the Court costs required under Subsections (A), (B) and (C) of this Section, the sum of two dollars ($2.00) shall be assessed as costs in each case filed in the Olivette Municipal Court for violation of any provision of the Olivette Municipal Code; provided that no such fee shall be collected for non-moving traffic violations, for violations of fish and game regulations or in any proceeding where the charge or the defendant is dismissed by the Court. Costs assessed pursuant to this Section shall be collected by the Clerk of the Municipal Court and disbursed to the City Treasurer monthly. The City shall use costs assessed pursuant to this Section only for the purpose of providing for training of Peace Officers as provided in Sections 590.100 to 590.180, RSMo., 1994, as amended.
2.
The sum of one dollar ($1.00) shall be additionally assessed as provided in this Subsection (C) and, upon collection and receipt, the City Treasurer shall remit such sums to the State Treasury to the credit of the Peace Officer Standards and Training Commission Fund created in Section 590.178, RSMo.
3.
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 Treasurer of the City. All funds
collected pursuant to this Subsection shall be used only to develop
and maintain a biometric verification system to ensure that inmates
can be properly identified and tracked within the local jail system
and to pay for any expenses related to custody and housing and other
expenses for prisoners.
4.
In addition to any other costs authorized by law, there shall be
assessed a State Court automation surcharge of seven dollars ($7.00)
in all cases in which court costs are taxed. Said surcharge shall
be collected by the Municipal Court and transmitted monthly to the
Missouri Director of Revenue to the credit of the Missouri Statewide
Automation Fund as provided in Sections 488.012.3(5) and 488.027.2
of the Revised Statutes of Missouri.
[Ord. No. 2673, 9-10-2019]
[R.O. 2008 §270.635; Ord. No. 1765, 11-10-1992]
A.
Upon a plea of guilty, finding of guilt or conviction for violations of Sections 342.020 and 342.030 of the Olivette Municipal Code or of any Section subsequently adopted establishing a alcohol- or drug-related traffic offense, the Municipal Court may, in addition to any penalties provided by law, order the convicted person to reimburse the Olivette Police Department for the costs associated with such arrest. Such costs shall include the reasonable costs of making the arrest, including the cost of any chemical test made 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.
B.
The
Olivette Police Department may establish a schedule of costs for submission
to the Municipal Court, however, the Municipal Court may order the
costs reduced if the Court determines that the costs are excessive.
C.
Costs
imposed under this Section shall be calculated as additional costs
by the Municipal Court and shall be collected and deposited in the
same manner as other costs, fees, fines and forfeitures imposed under
this Chapter.
[R.O. 2008 §270.640; Ord. No. 600, 5-22-1962]
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 the general revenue fund.
[R.O. 2008 §20.118; Ord. No. 501, 6-28-1960; Ord. No.
612, 7-31-1962; Ord. No. 991, 12-28-1971]
The Municipal Court of the City of Olivette may establish a
Violations Bureau and may constitute the Clerk of said Court or any
other appropriate official of the City as a Violations Clerk for such
Bureau. It shall be the function of the Court Administrator or Clerk
to accept appearance, waiver of trial, plea of guilty and payment
of fines in traffic offenses, and other offenses as determined by
the Municipal Judge. The Violations Clerk shall serve under the direction
and control of the Court appointing said officer.
[R.O. 2008 §20.120; Ord. No. 2242, 8-10-2004; Ord. No.
2278, 5-24-2005]
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:
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 the appropriate
Code Enforcement Officer or other appropriate 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 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:
(1)
Has been requested by the City to allow such action and has
refused to allow such action; or
(2)
Is not available, after reasonable investigation and effort,
to consent to such search or inspection and in such case the application
shall include details of the City's investigation and effort to request
such consent;
e.
State facts sufficient to show probable cause for the issuance of
a warrant to enter the private property, including the specification
of the housing, zoning, health or safety regulation sought to be enforced;
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 entered. 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 enter the private property for the purposes noted herein.
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 enter the private property for the enforcement
of the City's housing, zoning, health and safety regulations, 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 to be entered in sufficient detail and particularity
that the officer executing the warrant can readily ascertain it;
e.
Command that the described property be entered for one (1) or more
specified enforcement purposes as provided herein, identify the regulation
sought to be enforced and direct that any evidence of any suspected
property violations 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 private property
entry 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
entered a copy of the warrant.
(4)
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 entry or 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.
b.
Returns.
(1)
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.
(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 entered.
(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 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 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.
[R.O. 2008 §170.250; Ord. No. 1480, 7-9-1985; Ord. No.
2369 §1, 4-8-2008; Ord. No. 2560 §3, 8-25-2015; Ord. No. 2671, 7-9-2019]
A.
A person
violates this Section if he or she, without just cause or excuse,
fails to appear in municipal court after receiving a written notice
to appear at a specified date and time before the municipal court,
whether such notice is by summons, complaint, order for continuance,
order for payment of fines or court costs after judgment, or order
for probation or parole or violation thereof. The prosecutor shall
not issue a charge of failure to appear without reasonable cause to
believe that the defendant' s failure was without just cause or excuse,
which shall be subject to proof as an element of the charge.
