[R.O. 1997 § 135.010; Ord. No. 61 § 1, 9-1-1995]
There is hereby established in the
City of Wildwood a Municipal Court, to be known as the "Wildwood Municipal
Court, a Division of the 21st Judicial Circuit Court of the State
of Missouri."
[R.O. 1997 § 135.020; Ord. No. 61 § 2, 9-1-1995]
Violations of municipal ordinances
shall be heard and determined only before divisions of the Circuit
Court as hereinafter provided in this Chapter. "Heard and determined,"
for purposes of this Chapter, shall mean any process under which the
Court in question retains the final authority to make factual determinations
pertaining to allegations of a municipal ordinance violation, including,
but not limited to, the use of a system of administrative adjudication
as provided in Section 479.011, RSMo., preliminary to a determination
by appeal to the Court in question.
[R.O. 1997 § 135.030; Ord. No. 61 § 3, 9-1-1995]
The Judge of the City's Municipal
Court shall be known as a Municipal Judge of the 21st Judicial Circuit
Court, and shall be selected by appointment to his/her position by
the Mayor with the consent of the Council.
[R.O. 1997 § 135.040; Ord. No. 61 § 4, 9-1-1995]
The Municipal Judge shall hold his/her
office for a period of two (2) years. If for any reason a Municipal
Judge vacates his/her office, his/her successor shall complete that
term of office, even if the same be for less than two (2) years.
[R.O. 1997 § 135.050; Ord. No. 61 § 5, 9-1-1995]
A.
The Municipal Judge shall vacate his/her
office under the following conditions:
[R.O. 1997 § 135.060; Ord. No. 61 § 6, 9-1-1995]
A.
The Municipal Judge shall possess the following
qualifications before he/she shall take office:
1.
He/she must be a licensed attorney,
qualified to practice law within the State of Missouri.
2.
He/she must be a resident of the
State of Missouri.
3.
He/she must be between the ages of
twenty-one (21) and seventy-five (75) years.
4.
He/she may serve as a Municipal Judge
for any other municipality, subject to the provisions of Section 479.020,
RSMo., as amended.
5.
He/she 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 other employment.
[R.O. 1997 § 135.070; Ord. No. 61 § 7, 9-1-1995]
The Municipal Court of the City shall
be subject to the rules of the Circuit Court of which it is a part,
and to the rules of the State Supreme Court. The Municipal Court shall
be subject to the general administrative authority of the Presiding
Judge of the Circuit Court, and the Judge and Court personnel of said
Court shall obey his/her directives.
[R.O. 1997 § 135.080; Ord. No. 61 § 8, 9-1-1995]
A.
The Municipal Judge shall cause to be prepared
within the first ten (10) days of every month a report indicating
the following:
1.
A list of all cases heard and tried
before the Court during the preceding month, giving in each case the
name of the defendant, the fine imposed if any, the amount of costs,
the names of the defendant committed and in the cases where there
was an application for trial de novo, respectively. The same shall
be prepared under oath by the Municipal Court Clerk or the Municipal
Judge.
2.
This report shall be filed with the
City Clerk, who shall thereafter forward the same to the City Council
of the City for examination at its first session thereafter. The Municipal
Court shall, within the ten (10) days after the first of the month,
pay the City Treasurer the full amount of all fines, costs, and other
revenues collected during the preceding months, if they have not previously
been paid.
[R.O. 1997 § 135.090; Ord. No. 61 § 9, 9-1-1995]
The Municipal Judge shall be a conservator
of the peace. He/she shall keep a docket in which he/she shall enter
every case commenced before him/her and the proceedings therein and
he/she shall keep such other records as may be required. Such docket
and records shall be records of the Circuit Court of St. Louis County.
The Municipal Judge shall deliver the docket and records of the Municipal
Court, and all books and papers pertaining to his/her office, to his/her
successor in office or to the Presiding Judge of the Circuit Court.
[R.O. 1997 § 135.100; Ord. No. 61 § 10, 9-1-1995]
A.
The Municipal Judge shall be and is hereby
authorized to:
1.
Establish a Violations Bureau as
provided for in the Missouri Rules of Practice and Procedure in Municipal
and Traffic Courts and Section 479.050, RSMo.
2.
Administer oaths and enforce due
obedience to all orders, rules and judgements 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.
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 the provisions
of the Missouri Rules of Practice and Procedure in Municipal and Traffic
Courts.
5.
The Municipal Judge shall have such
other powers, duties and privileges as are or may be prescribed by
the laws of this State, this Code or other ordinances of this City.
[R.O. 1997 § 135.110; Ord. No. 61 § 11, 9-1-1995]
A Violations Bureau of the City shall
be established and the City shall pay the expenses incident to the
operation of the same. The Court Clerk is hereby designated as the
Violations Clerk for said Bureau, and may appoint or designate such
persons as are necessary to conduct said office.
[R.O. 1997 § 135.120; Ord. No. 61 § 12, 9-1-1995]
All warrants issued by the 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 and not elsewhere unless,
the warrants are endorsed in the manner provided for warrants in criminal
cases, and, when so endorsed shall be served in other counties, as
provided for in warrants in criminal cases.
[R.O. 1997 § 135.130; Ord. No. 61 § 13, 9-1-1995]
The Chief of Police, or other Police
Officer of the City may, without a warrant, make arrest of any person
who commits an offense in his/her presence, but such officer shall,
before the trial, file a written complaint with the Judge hearing
violations of municipal ordinances.
[R.O. 1997 § 135.140; Ord. No. 61 § 14, 9-1-1995]
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
Court Judge. Whenever a defendant accused of a violation of a municipal
ordinance demands trial by jury, the Municipal Court shall certify
the case to the Presiding Judge of the Circuit Court for reassignment.
[R.O. 1997 § 135.150; Ord. No. 61 § 15, 9-1-1995]
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 any Municipal Judge
and other Court Personnel shall not be dependent in any way upon the
number of cases tried, the number of guilty verdicts reached or the
amount of fines imposed or collected.
[R.O. 1997 § 135.160; Ord. No. 61 § 16, 9-1-1995]
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 Court Judges and
shall be taxed as other costs in the case. When a trial shall be continued
by a Municipal Judge it shall not be necessary to summon any witnesses
who may be present at the continuance, but the Municipal Judge shall
orally notify such witnesses as either party may require to attend
before him/her on the day set for trial to testify in the case, and
enter the names of such witnesses on his/her docket, which oral notice
shall be valid as a summons.
[R.O. 1997 § 135.170; Ord. No. 61 § 17, 9-1-1995]
A.
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/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 within 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. 1997 § 135.180; Ord. No. 61 § 18, 9-1-1995]
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 costs.
[R.O. 1997 § 135.190; Ord. No. 61 § 19, 9-1-1995]
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 said Judge. The Judge may
also impose other conditions, including but not limited to restitution
or community service, as authorized by Section 479.190, RSMo.
[R.O. 1997 § 135.200; Ord. No. 61 § 20, 9-1-1995]
In all cases tried before the Municipal
Judge, except where there has been a plea of guilty or where the case
has been tried with a jury, the defendant shall have a right of trial
de novo, before a Circuit Court Judge or on assignment before an Associate
Circuit Court Judge. An application for a trial de novo shall be filed
within ten (10) days after judgment and shall be filed in such form
and perfected in such manner as provided by Supreme Court rules.
[R.O. 1997 § 135.210; Ord. No. 61 § 21, 9-1-1995]
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. 1997 § 135.220; Ord. No. 61 § 22, 9-1-1995]
In the case of a breach of any recognizance
entered into before a Municipal Judge or an Associate Circuit Court
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 Court Judge or Associate Circuit Court Judge, and in the
event of cases caused to be prosecuted by a Municipal Judge, such
shall be on the transcript of the proceedings before the Municipal
Judge. All monies recovered in such actions shall be paid over to
the General Revenue Fund of the municipality.
[R.O. 1997 § 135.230; Ord. No. 61 § 23, 9-1-1995]
A Municipal Judge shall be disqualified
to hear any case in which he/she is in any way interested, or, if
before the trial is commenced, the defendant or the Prosecuting Attorney
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. 1997 § 135.240; Ord. No. 61 § 24, 9-1-1995; Ord. No. 451 § 1, 8-10-1998; Ord. No. 892 § 1, 10-24-2002]
There is hereby created the office
of Provisional Municipal Judge of the Wildwood Municipal Division
of the St. Louis County Circuit Court. The position of Provisional
Municipal Judge shall have the same qualifications as those required
of the Municipal Judge. The duties of the Provisional Municipal Judge
shall be to serve as Municipal Judge in all cases in which the Wildwood
Municipal Judge shall be disqualified or unable to serve and to preside
over sessions of the Wildwood Municipal Division for which the Municipal
Judge is unavailable. When the Provisional Judge serves an entire
Court session in the absence of the Municipal Judge, the Provisional
Judge shall be paid four hundred fifty dollars ($450.00) for each
such Court session, which amount shall be deducted from the monthly
salary due the Municipal Judge. When the Provisional Judge presides
over less than a full Court session, the Provisional Judge shall be
paid one hundred dollars ($100.00) for such partial Court session,
which shall be paid from the general funds of the City budgeted for
such purpose and without deduction from the salary due the Municipal
Judge.
[R.O. 1997 § 135.250; Ord. No. 61 § 25, 9-1-1995]
A.
The duties of the Clerk of the Municipal
Court shall be as follows:
1.
To collect such fines for violations
of such offenses as may be described, and the Court costs thereof.
2.
To take oaths and affirmations.
3.
To accept signed complaints, and
allow the same to be signed and sworn to or affirmed before him/her.
4.
Sign and issue subpoenas requiring
the attendance of witnesses and sign and issue subpoenas duces tecum.
5.
Accept the appearance, waiver of
trial and plea of guilty and payment of fines and costs in Violation
Bureau cases or as directed by the Municipal Judge, generally act
as Violation Clerk of the Traffic Violation Bureau.
6.
Perform all other duties as provided
for by ordinance, by rules of practice and procedure adopted by the
Municipal Judge and by the Missouri Rules of Practice and Procedure
in Municipal and Traffic Courts and by Statute.
7.
Maintain, properly certified by the
City Clerk, a complete copy of the ordinances of the City of the municipality
which shall constitute prima facia evidence of such ordinances before
the Court. Further, to maintain a similar certified copy on file with
the Clerk serving the Circuit Court of this County.
[R.O. 1997 § 135.260; Ord. No. 61 § 26, 9-1-1995]
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. 1997 § 135.270; Ord. No. 61 § 27, 9-1-1995]
The Municipal Court shall hold at
least two (2) regular sessions each month at a location provided by
the City. Court sessions shall be held after 5:00 P.M. In the event
that more or less frequent Court sessions are routinely required,
the Municipal Judge may request the Council to permit such change,
and if the Council agrees, it shall adjust compensation of the Municipal
Judge for such additional session. The Municipal Judge may hold special
sessions when necessary, without the consent of the Council, but no
additional compensation shall be paid to the Municipal Judge for special
sessions. The Municipal Judge may cancel a regular session when appropriate.
[R.O. 1997 § 135.280; Ord. No. 65 § 1, 9-1-1995]
It shall be unlawful for any person
to fail to appear at the proper time and plea or answer a charge against
him/her in the Municipal Court upon being first duly summoned. No
additional charge shall be issued for the failure to appear for a
minor traffic violation, and such a failure to appear shall not result
in additional fines or costs.
[R.O. 1997 § 135.290; Ord. No. 66 § 1, 9-1-1995]
In all cases where the same conduct
is punishable by more than one (1) offense not more than one (1) recovery
shall be had against the same person for the same conduct, provided
however, a person may be found guilty and punished for multiple offenses
based upon different conduct or elements.
[R.O. 1997 § 135.300; Ord. No. 143 § 1, 9-1-1995; Ord. No. 271 § 1, 10-14-1996; Ord. No. 758 § 1, 9-10-2001; Ord. No. 1149 § 1, 2-28-2005; Ord. No. 1570 § 1, 10-27-2008]
A.
In addition to any fine that may be imposed
by the Municipal Judge in any case filed in the Wildwood Municipal
Division, and in addition to all other fees authorized or required
by law, there shall be assessed as costs the following:
1.
Costs of Court in the amount of twelve
dollars ($12.00).
2.
An additional sum of three dollars ($3.00) to be added to the basic costs in Subsection (A)(1) of this Section, provided that no such cost shall be collected for non-moving traffic violations or in any proceeding when the proceeding or the defendant has been dismissed by the Court. All sums collected pursuant to this Subsection shall be distributed as follows:
a.
Two dollars ($2.00) of each such
Court cost shall be transmitted monthly to the Treasurer of the City
and used to pay for Police Officer training as provided by Sections
590.100 to 590.180, RSMo. The City shall not retain for training purposes
more than one thousand five hundred dollars ($1,500.00) of such funds
for each certified Law Enforcement Officer or candidate for certification
employed by the City. Any excess funds shall be transmitted quarterly
to the City's General Fund.
b.
One dollar ($1.00) of each such Court
cost shall be sent to the State Treasury to the credit of the Peace
Officers Standards and Training Commission Fund created by Section
590.178, RSMo.
3.
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.
4.
Actual costs assessed against the
City by the County Sheriff for apprehension or confinement in the
County Jail.
5.
Mileage, in the same amount as provided
to the Sheriff in criminal violations, for each mile and fraction
thereof the officer must travel (both directions) in order to serve
any warrant or commitment or order of this Court.
6.
An additional sum of seven dollars fifty cents ($7.50) shall be assessed and added to the basic costs in Subsection (A)(1) of this Section, provided that no such cost shall be collected for non-moving traffic violations or in any proceeding when the proceeding or the defendant has been dismissed by the Court. All sums collected pursuant to this Subsection shall be distributed as follows:
8.
In addition to any fine imposed and
costs assessed pursuant to law, an additional cost of up to four dollars
($4.00) shall be assessed as costs for violation of any municipal
ordinance. The Judge may waive the assessment of this cost in those
cases where the defendant is found by the Judge to be indigent or
unable to pay the costs. The costs collected by the Court Clerk pursuant
to this Subsection shall be transmitted at least monthly to the County
Treasurer for deposit in a fund for the provision of operating expenses
for shelters for battered persons pursuant to Section 488.607, RSMo.
9.
An additional amount of up to twenty-five
dollars ($25.00) handling fee for processing of bad check cases as
set forth by ordinance.
10.
Any other reasonable cost as may
be otherwise provided by law or ordinance, including but not limited
to costs of confinement, including any necessary transportation related
thereto, medical costs incurred by the City while a defendant is in
City custody and costs related to the arrest and testing of any person
for any intoxication-related traffic offense.
12.
Inmate Security Fund. In addition
to other fines or costs provided in this Code pertaining to cases
filed in the Wildwood Municipal Division, an additional sum of two
dollars ($2.00) shall be imposed in conjunction with all cases for
violation of municipal ordinances. No such charge shall be collected
in any proceedings when the proceeding or defendant has been dismissed
by the Court. Such funds collected under this Section shall be deposited
in the "Inmate Security Fund" and such funds may be utilized to install
and maintain a biometric verification system and to pay for any expenses
relating to custody and housing and other expenses for prisoners.
[R.O. 1997 § 135.305; Ord. No. 456 §§ 1—4, 8-24-1998; Ord. No. 557 § 1, 9-13-1999; Ord. No. 917 § 1, 1-27-2003; Ord. No. 2121 § 1, 8-24-2015]
A.
Subject to the provisions of this Chapter,
as a condition of probation and/or in lieu of all or part of any fine
or term of imprisonment, or both, the Municipal Judge for the City
of Wildwood or the person performing the duties of the Municipal Judge
may order any person who a) has pleaded guilty or been convicted or
b) received a suspended imposition of sentence, for violating an ordinance
of the City of Wildwood to perform alternative community service.
C.
If the alternative community service is
to be performed for a charitable, religious or educational organization
or entity, the defendant may arrange to perform the required hours
at any organization or entity that is included in the St. Louis County
Alternative Community Service List, or the defendant may propose to
the Wildwood Municipal Court another organization or entity, in which
case the Municipal Judge and the Court Clerk, or those persons performing
the duties of Municipal Judge or Court Clerk, shall determine if the
organization or entity proposed is capable of administering and supervising
the performance of the required hours.
D.
The Municipal Judge or the person performing
the duties of the Municipal Judge shall determine the number of hours
of alternative community service that a person shall perform under
this Section.
E.
A person may refuse alternative community
service as a condition of probation or in lieu of all or part of any
fine or term of imprisonment, or both, in which event, the Municipal
Judge or the person performing the duties of the Municipal Judge shall
determine the terms of the sentence to be imposed, other terms of
the disposition, and render judgment accordingly.
F.
If the alternative community service is for the City of Wildwood pursuant to Subsection (B)(1) above, the City Administrator, Public Works Director, Director of Planning, Parks Director, Police Department or other officer of the City, as may be additionally authorized by the City Council, are hereby authorized, empowered and directed to assign and supervise the work ordered to be performed as alternative community service. The Municipal Judge or the person performing the duties of the Municipal Judge may include in the order that a person performing service for the City of Wildwood pay to the Wildwood Municipal Court an appropriate fee per hour of work performed, which fee shall be used to reimburse the City for costs associated with supervising and operating the program.
G.
The authority granted in this Section and
the alternative community service program created hereby shall be
subject to and governed by the provisions of Section 559.021, RSMo.,
as may be amended.
