[1]
Editor's Note: Former Section 135.005, Designating The Scott
And New Madrid County Circuit Courts As Municipal Court For The City
Of Sikeston, which derived from Ord.
No. 6221, 7-22-2021, was repealed
9-13-2021 by Ord. No. 6242.
[R.O. 2009 §2.88.010; Prior Code §2-701]
There is established in this City a Municipal Court to be known
as the "Sikeston Municipal Court, A Division of the 33rd Judicial
Circuit Court of the State of Missouri". This Court is a continuation
of the Municipal Court of the City as previously established and is
termed in this Chapter "the Municipal Court".
[R.O. 2009 §2.88.020; Prior Code §2-702]
The jurisdiction of the Municipal Court shall extend to all
cases involving alleged violations against the ordinances of the City.
[R.O. 2009 §2.88.030]
The Judges of the City's Municipal Court shall be known as Municipal
Judges of the 33rd Judicial Circuit Court and shall be appointed to
that position by the City Manager for a term as specified in this
Chapter.
[R.O. 2009 §2.88.035]
The City Manager shall appoint one (1) or more persons having
the qualifications specified in Chapter 479, RSMo., as amended, and
who are residents of the City to serve as Municipal Judge(s) of the
City.
[R.O. 2009 §2.88.040; Ord. No. 5615 §II, 9-7-2004]
A.
Judge(s)
shall serve for a term of not less than two (2) years. Such Judge(s)
shall limit their professional activities as required by Chapter 479,
RSMo., aforesaid and by the Code of Judicial Conduct Missouri Supreme
Court Rule 2 "Other Employment".
1.
One (1) of the Judges so appointed shall be denominated the "Municipal
Judge" who shall regularly and routinely discharge the duties of the
Municipal Judge. Any other Judge or Judges so appointed by the City
Manager shall be designated "Associate Municipal Judge(s)" who shall
act and discharge the duties of Municipal Judge only in the event
of the disqualification, disability or absence from the City of the
Municipal Judge.
2.
Unless specifically stated or obviously implied otherwise, all references
in this Code to Judge or Municipal Judge means any and all Judges
appointed pursuant to this Chapter.
3.
The fees to be paid any Judge so appointed shall be determined by
the City Council.
[R.O. 2009 §2.88.050]
A.
The
Municipal Judge shall vacate his/her office under the following circumstances:
1.
Upon removal from office by the State Commission on 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; or
4.
Upon dismissal or discharge by the City Manager.
[R.O. 2009 §2.88.060; Prior Code §2-707]
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 the Court shall obey his/her
directives.
Within the first ten (10) days of each month, the Court Clerk
shall submit to the City a report for the previous month's activities
showing the detailed income of the Court and the type and number of
cases handled by the Court.
[1]
Note—Municipal Court Operating Rule #1, 8/2010.
[R.O. 2009 §2.88.080; Prior Code §2-709]
A 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 shall keep such other
records as may be required. Such docket and records shall be records
of the Circuit Court of Scott or New Madrid 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.
[R.O. 2009 §2.88.090; Prior Code §2-710]
A.
The
Municipal Judge shall be and is hereby authorized to:
1.
Establish a Violations Bureau as provided for in Missouri Rules of
Practice and Procedure in Municipal and Traffic Courts in 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.
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 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 Rule 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, this Code or
other ordinance of this City.
[R.O. 2009 §2.88.100; Prior Code §1-113]
The Municipal Judge of this City is authorized to designate
certain persons to administer an oath to complainants; provided that
such authorization be made in writing and filed with the City Clerk
of this City.
[R.O. 2009 §2.88.120; Prior Code §2-712]
All warrants issued by a Municipal Judge shall be directed to
the Director of Public Safety or any other public safety officer of
the municipality or to the Sheriff of the County. The warrant shall
be executed by the Director or the officers or the 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 serviced in other Counties as provided
for in warrants in criminal cases.
[R.O. §2.88.130; Prior Code §2-713]
The Director of Public Safety or other public safety officers
of the City may, without a warrant, arrest any person who commits
a violation of the City ordinance which is subject to penalty 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. 2009 §2.88.140]
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.
[R.O. 2009 §2.88.150; Prior Code §2-715]
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. 2009 §2.88.160; Prior Code §2-716]
A.
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.
B.
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 notices 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. 2009 §2.88.180; Prior Code §2-718; Ord. No. 6276, 8-1-2022]
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.
[R.O. 2009 §2.88.190; Prior Code §2-719]
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 the Judge.
[R.O. 2009 §2.88.200; Prior Code §2-720]
In all cases tried before the Municipal Court, 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 Judge or on assignment before an Associate Circuit Judge.
An application for a trial de novo shall be filed within ten (10)
days after judgment and shall be filed in such form and perfected
in such manner as provided by Supreme Court Rules.
[R.O. 2009 §2.88.210; Prior Code §2-721]
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. 2009 §2.88.220; Prior Code §2-722]
In the case of a breach of any recognizance entered into before
a 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
the Municipal Judge and shall be on the transcript of the proceedings
before said 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. 2009 §2.88.230; Prior Code §2-723]
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.
[R.O. 2009 §2.88.240; Prior Code §2-724]
If by reason of absence, sickness or disqualification neither
the Municipal Judge nor any Associate Municipal Judge is available
to perform the duties of Municipal Judge, the City Manager may designate
some competent person to act as Municipal Judge until such absence
or disqualification shall cease. The designation shall not require
Council approval. The City Council shall provide by ordinance for
the compensation of any person designated to act as Municipal Judge
under the provisions for this Chapter.
[R.O. 2009 §2.88.250; Prior Code §2-275(part); Ord. No. 4272 §1, 1981]
A Municipal Court Clerk shall be appointed by the City Manager,
along with such Deputy Clerks as may be determined from time to time
to be necessary for the efficient operation of the Municipal Court.
The Deputy Clerk or Clerks shall have authority co-extensive with
the Clerk, subject to the supervision and direction of the Clerk.
[R.O. 2009 §2.88.260; Prior Code §2-275(part); Ord. No. 4272 §2, 1981]
A.
The
duties of the Clerk and deputies shall be as follows:
1.
To collect such fines for violations of such offenses as may be prescribed
and the Court costs thereof;
2.
To take oaths and affirmations;
3.
To accept signed complaints and allow same to be signed or 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 pleas of guilty and payment
of fine and costs in traffic violation cases as directed by the Municipal
Judge; generally act as Violation 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 Traffic Courts and by
Statute; and
7.
Maintain, properly certified by the City Clerk, a complete copy of
the ordinances of the City which shall constitute prima facie evidence
of such ordinance before the Court of said ordinances. Further, to
maintain a similar certified copy on file with the Clerks serving
the Circuit Courts of this County.
[R.O. 2009 §2.88.270; Prior Code §2-726; Ord. No. 4205 §1, 1980; Ord. No. 5429 §2, 11-2001; Ord. No. 6276, 8-1-2022]
A.
In
addition to any fine that may be imposed by the Municipal judge, there
shall be assessed as costs in all cases, costs of Court in the amount
of twelve dollars ($12.00).
[R.O. 2009 §2.88.271; Ord. No. 4979 §II, 11-1-1993; Ord. No. 5132 §IV, 12-1996; Ord. No. 5419 §II, 9-4-2001; Ord.
No. 6276, 8-1-2022]
A.
In addition to all other Court costs and/or fees provided for in Chapter 135 herein, in accordance with Section 595.045, RSMo., there shall be assessed a fee of seven dollars fifty cents ($7.50) following a conviction or plea of guilty in all cases involving the violation of a municipal ordinance, except those cases where the charge has been dismissed by the Court or when costs are to be paid by the State, County, or municipality.
B.
The said seven dollars fifty cents ($7.50) fee required in Subsection (A) above shall be collected by the Municipal Court Clerk who shall, at least monthly, transmit ninety-five percent (95%) (seven dollars thirteen cents ($7.13)) of all such fees referred to in Subsection (A) above to the Missouri Director of Revenue. Five percent (5%) of such monies shall be paid to the City Treasury.
[R.O. 2009 §2.88.275; Ord. No. 4562 §1, 4-7-1986; Ord.
No. 5132 §§iv—v, 12-1996; Ord. No. 6276, 8-1-2022]
A.
In addition to the Court costs provided for in Chapter 135, Section 135.270 herein, there shall be assessed an additional fee of two dollars ($2.00) on any violation of municipal ordinances, provided no such fee shall be collected in any proceeding when the proceedings or defendant has been dismissed by the Court or where the costs are to be paid by the State, County or municipality.
B.
The Clerk of the Municipal Court shall collect the two dollar ($2.00) fee provided for in Subsection (A) above and shall monthly transmit all such fees to the City Treasury.
C.
All
fees received pursuant to this Section may be used only to pay for
the pre-regular-employment training of public safety officers or other
Law Enforcement Officers employed or appointed by the City of Sikeston,
Missouri.
D.
An
additional surcharge in the amount of one dollar ($1.00) shall be
assessed and collected as provided in this Section. This fee shall
be deposited with the Treasurer of the State to the credit of the
Peace Officer Standards and Training Commission Fund to be used Statewide
for training of Peace Officers. Collection of this surcharge shall
commence on July 1, 1997.
[1]
Editor's Note: Former Section 135.293, Sheriffs' Retirement
Fund Surcharge, which derived from Ord. No. 5918 § II, 8-5-2013,
was repealed by Ord. No. 6245, 10-25-2021.
[Ord. No. 5832 §§I—II, 12-6-2010]
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 Sikeston involving alcohol- or drug-related traffic offenses, the Court may, in addition to imposition of any penalties provided by law, order the convicted person to reimburse the City of Sikeston for Department of Public Safety 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
Director of Public Safety 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. 2009 §2.88.280; Prior Code §2-728]
When a fine is assessed for violating an ordinance, it is 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. 2009 §2.88.290; Ord. No. 5967 §II, 10-6-2014]
In addition to Court costs provided for in Chapter 135, Section 135.270, there shall be assessed a surcharge of four dollars ($4.00) on any violation of municipal ordinances, provided no such surcharge shall be collected in any proceeding when the proceeding or defendant has been dismissed by the Court or where the costs are to be paid by the State, County or municipality. Such surcharge shall be collected by the Municipal Court Clerks and shall be disbursed to the City at least monthly. The Municipal Court Clerks shall file a verified report of the fees collected, on a monthly basis, with the office of City Treasurer. The City shall use such monies only for the purpose of providing operating expenses for shelters for battered persons as defined in Sections 455.200 to 455.230, RSMo.
[R.O. 2009 §2.88.291]
The City Council is hereby designated the authority to administer
the allocation and distribution of funds. Per Section 455.210, RSMo.,
the City shall be reimbursed from the special fund for monies actually
and necessarily expended in the performance of its duties. Said reimbursement
shall be five percent (5%) of the fees collected.
[R.O. 2009 §2.88.292; Ord. No. 5510 §II, 11-4-2002]
A.
Pursuant
to Section 455.215, RSMo., a shelter for victims of domestic violence
may apply for funds to be used for the funding of the shelter. All
applications must be submitted by the first day of October of the
year preceding the calendar year for which the funding is desired
and shall include all of the following:
1.
Evidence the shelter is incorporated in this State as a non-profit
corporation;
2.
A list of the directors of the corporation and a list of the trustees
of the shelter, if different;
3.
The proposed budget of the shelter for the following calendar year;
4.
A summary of the services proposed to be offered in the following
calendar year; and
5.
An estimate of the number of persons to be served during the following
calendar year.
B.
Upon
receipt of the application for funds from a shelter that meets the
criteria set forth above, the Council, on or before the 15th day of
November of the year in which the application was filed, shall notify
the shelter, in writing, whether it is eligible to receive funds and
if the shelter is eligible, specify the amount available for that
shelter from the fees collected pursuant to this Chapter.
C.
Funds
allocated to shelters pursuant to this Section shall be paid to the
shelters at least twice annually on the first day of January and the
first day of July of the years following the year in which the application
is filed.
[R.O. 2009 §2.88.293]
A.
To qualify for funds allocated and distributed pursuant to Section 135.330, a shelter shall meet all of the following requirements:
1.
Be incorporated in the State as a non-profit corporation;
2.
Have trustees who represent the racial, ethnic and socioeconomic
diversity of the community to be served, at least one (1) of whom
must possess personal experience in confronting or mitigating the
problems of domestic violence;
3.
Receive at least twenty-five percent (25%) of its funds from sources other than funds distributed pursuant to Section 135.310. These other sources may be public or private and may include contributions of goods or services, including materials, commodities, transportation, office space or other types of facilities or personal services;
4.
Provide residential service or facilities for children when accompanied
by a parent, guardian or custodian who is a victim of domestic violence
and who is receiving temporary residential service at the shelter;
5.
Require persons employed by or volunteering services to the shelter
to maintain the confidentiality of any information that would identify
individuals served by the shelter and any information or records that
are directly related to the advocacy services provided to such individuals;
6.
Prior to providing any advocacy services, inform individuals served
by the shelter of the nature and scope of the confidentiality requirement
in Subdivision (5) of this Subsection.
B.
Any person employed by or volunteering services to a shelter for victims of domestic violence shall be incompetent to testify concerning any confidential information described in Subdivision (5) of Subsection (A) of this Section, unless the confidentiality requirement is waived in writing by the individual served by the shelter.
C.
A shelter
does not qualify for funds if it discriminates in its admissions or
provision of services on the basis of race, religion, color, age,
marital status, national origin or ancestry.
[R.O. 2009 §2.88.294]
A.
If
the City Council receives applications from more than one (1) qualified
shelter for victims of domestic violence and the requests for the
funds exceed the amount of funds available, funds shall be allocated
on the basis of the following priorities:
1.
To shelters in existence on August 13, 1982;
2.
To shelters offering or proposing to offer the broadest range of
services and referrals to the community served, including medical,
psychological, financial, educational, vocational, child care services
and legal services;
3.
To other facilities offering or proposing to offer services specifically
to victims of physical domestic violence;
4.
To other qualified shelters.
[R.O. 2009 §2.88.295; Ord. No. 5442, 3-2002]
A.
A shelter
for victims of domestic violence that receives funds pursuant to this
Chapter shall file an annual report with the City Council on or before
the thirty-first (31st) day of March of the year following the year
in which funds were received. The annual report shall include statistics
on the number of persons served by the shelter, the relationship of
the victim of domestic violence to the abuser, the number of referrals
made for medical, psychological, financial, educational, vocational,
child care services or legal services and shall include the results
of an independent audit. No information contained in the report shall
identify any person served by the shelter or enable any person to
determine the identity of any such person. Any information contained
in the report that is directly related to advocacy services provided
by the shelter shall not be construed as a violation of Section 455.220,
RSMo.
[R.O. 2009 §2.88.300; Ord. No. 5696 §II, 1-2007]
A.
In
accordance with Section 488.5026, RSMo., a surcharge of two dollars
($2.00) shall be assessed as costs in Court proceedings filed in the
Sikeston Municipal Court for an infraction and violation of a municipal
ordinance; except no such fee shall be collected in any Court when
the proceeding or the defendant has been dismissed by the Court or
when costs are to be paid by the State, County or municipality.
B.
The
monies collected by the Sikeston Municipal Court Clerk(s) who shall,
at least monthly, transmit all such fees collected to the City Treasurer.
C.
The
City Treasurer shall deposit funds generated by the surcharge into
the "Inmate Security Fund". Funds deposited shall be utilized to develop
and maintain a biometric verification system and to pay for any expenses
related to custody and housing and other expenses for prisoners.
[Ord. No. 6246, 11-1-2021]
A.
In
addition to any cost which may be assessed by the Municipal Court
pursuant to Statute, ordinance or Court rule, in every proceeding
filed in the municipal division for violation of an ordinance, a surcharge
of seven dollars ($7.00) shall be assessed. Such surcharge shall also
be assessed in cases in which pleas of guilty are processed in the
Violations Bureau. No such surcharge shall be collected when the proceeding
or defendant has been dismissed by the Court, when costs are waived
or when costs are paid to the City.
B.
Such
surcharge shall be collected by the Municipal Court and transmitted
monthly to the Missouri Director of Revenue to the credit of the Missouri
Statewide Court Automation Fund as provided in Sections 488.012.3(5)
and 488.027.2, RSMo.
