[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]
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".
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.
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.
The fees to be paid any Judge so appointed shall be determined by the City Council.
[R.O. 2009 §2.88.050]
The Municipal Judge shall vacate his/her office under the following circumstances:
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
Upon attaining his/her seventy-fifth (75th) birthday; or
If he/she should lose his/her license to practice law within the State; or
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.
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]
The Municipal Judge shall be and is hereby authorized to:
Establish a Violations Bureau as provided for in Missouri Rules of Practice and Procedure in Municipal and Traffic Courts in Section 479.050, RSMo.
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.
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.
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.
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]
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 notices shall be valid as a summons.
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.
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]
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.
[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]
The duties of the Clerk and deputies shall be as follows:
To collect such fines for violations of such offenses as may be prescribed and the Court costs thereof;
To take oaths and affirmations;
To accept signed complaints and allow same to be signed or sworn to or affirmed before him/her;
Sign and issue subpoenas requiring the attendance of witnesses and sign and issue subpoenas duces tecum;
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;
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
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]
In addition to any fine that may be imposed by the Municipal Judge, there shall be assessed as costs in all cases the following:
Costs of Court in the amount of twelve dollars ($12.00).
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.
Actual costs assessed against the City by the County Sheriff for apprehension or confinement in the County Jail.
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 of commitment or order of this Court.
Interpreter fees. Actual costs assessed against the City by an interpreter for services rendered during an appearance or other proceedings before the Sikeston Municipal Court. No such costs shall be assessed when interpreter services are rendered for hearing impaired individuals appearing before the Court.
[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]
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.
The said seven dollars fifty cent ($7.50) fee required in Subsection (A) above shall be collected by the Municipal Court Clerk who shall, at least monthly, transmit all such fees collected to the City Clerk.
The City Clerk 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 which are received from the Municipal Court Clerk to the Missouri Director of Revenue. Five percent (5%) of such monies shall be payable to the City Treasury.
[R.O. 2009 §2.88.275; Ord. No. 4562 §1, 4-7-1986; Ord. No. 5132 §§iv—v, 12-1996]
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.
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 Clerk.
All fees received pursuant to this Section may be used only to pay for the pre-regular-employment training of public safety officers of the City of Sikeston, Missouri, provided that any excess funds not needed to pay for such pre-regular-employment training may be used to pay for additional training for public safety officers or other Law Enforcement Officers employed or appointed by the City of Sikeston, Missouri.
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.
[Ord. No. 5918 §II, 8-5-2013]
In accordance with Section 57.955, RSMo., of the Revised Statutes of Missouri, there shall be assessed a fee of three dollars ($3.00) following a conviction or plea of guilty in all cases involving the violation of a municipal ordinance or traffic law, 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.
The said three-dollar fee required in Subsection (A), above, shall be collected by the Municipal Court Clerk who shall, at least monthly, transmit all such fees collected to the City Clerk.
Editor’s Note: This ordinance provided an effective date of 8-28-2013.
[Ord. No. 5832 §§I—II, 12-6-2010]
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.
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.
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]
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:
Evidence the shelter is incorporated in this State as a non-profit corporation;
A list of the directors of the corporation and a list of the trustees of the shelter, if different;
The proposed budget of the shelter for the following calendar year;
A summary of the services proposed to be offered in the following calendar year; and
An estimate of the number of persons to be served during the following calendar year.
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.
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]
To qualify for funds allocated and distributed pursuant to Section 135.330, a shelter shall meet all of the following requirements:
Be incorporated in the State as a non-profit corporation;
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;
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;
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;
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;
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.
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.
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]
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:
To shelters in existence on August 13, 1982;
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;
To other facilities offering or proposing to offer services specifically to victims of physical domestic violence;
To other qualified shelters.
[R.O. 2009 §2.88.295; Ord. No. 5442, 3-2002]
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]
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.
The monies collected by the Sikeston Municipal Court Clerk(s) who shall, at least monthly, transmit all such fees collected to the City Treasurer.
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.