[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".
[Ord. No. 61 §2, 9-1-1995]
The jurisdiction of the Municipal Court shall extend to all cases involving alleged violations of the ordinances of the City.
[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.
[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.
[Ord. No. 61 §5, 9-1-1995]
The Municipal Judge shall vacate his/her office under the following conditions:
[Ord. No. 61 §6, 9-1-1995]
The Municipal Judge shall possess the following qualifications before he/she shall take office:
He/she must be a licensed attorney, qualified to practice law within the State of Missouri.
He/she must be a resident of the State of Missouri.
He/she must be between the ages of twenty-one (21) and seventy-five (75) years.
He/she may serve as a Municipal Judge for any other municipality.
He/she may not hold any other office within the City Government.
The Municipal Judge shall be considered holding a part-time position, and as such may accept other employment.
[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.
[Ord. No. 61 §8, 9-1-1995]
The Municipal Judge shall cause to be prepared within the first ten (10) days of every month a report indicating the following:
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.
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.
[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.
[Ord. No. 61 §10, 9-1-1995]
The Municipal Judge shall be and is hereby authorized to:
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.
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.
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 the provisions of the Missouri Rules of Practice and Procedure in Municipal and Traffic Courts.
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.
[Ord. No. 61 §11, 9-1-1995]
A Traffic 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 Traffic Violations Clerk for said Bureau, and may appoint or designate such persons as are necessary to conduct said office.
[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.
[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.
[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.
[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 such attorney shall not be contingent upon the result in any case.
[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.
[Ord. No. 61 §17, 9-1-1995]
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.
[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.
[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.
[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.
[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.
[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.
[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 prosecutor files an affidavit that the defendant or the municipality, as the case may be, cannot have a fair and impartial trial by reason of the interest or prejudice of the Judge Neither the defendant nor the municipality shall be entitled to file more than one (1) affidavit or disqualification in the same case.
[Ord. No. 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.
[Ord. No. 61 §25, 9-1-1995]
The duties of the Clerk of the Municipal Court shall be as follows:
To collect such fines for violations of such offenses as may be described, and the Court costs thereof.
To take oaths and affirmations.
To accept signed complaints, and allow the same to be signed and 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 plea of guilty and payment of fines and costs in Traffic Violation Bureau cases or as directed by the Municipal Judge, generally act as Violation Clerk of the Traffic Violation 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 and Traffic Courts and by Statute.
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.
[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.
[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.
[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.
[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.
[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]
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:
Costs of Court in the amount of twelve dollars ($12.00).
An additional sum of three dollars ($3.00) to be added to the basic costs in Subsection (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:
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.
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.
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 or commitment or order of this Court.
An additional sum of seven dollars fifty cents ($7.50) shall be assessed and added to the basic costs in Subsection (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:
An additional sum of five dollars ($5.00) shall be assessed and added in each case in which a defendant pleads guilty, or is found guilty, for violation of any ordinance involving an intoxication-related traffic offense. All sums collected pursuant to this Subsection shall be distributed on a monthly basis to the Director of Revenue of the State of Missouri to be placed to the credit of the Independent Living Center Fund established by Section 178.653, RSMo.
In addition to any fine imposed and costs assessed pursuant to law, an additional cost of two dollars ($2.00) 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 Subparagraph 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 479.261, RSMo.
An additional amount of up to twenty-five dollars ($25.00) handling fee for processing of bad check cases as set forth by ordinance.
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.
Motorcycle Safety Trust Fund.
There is hereby created in the State Treasury for use by the Department of Public Safety a fund to be known as the "Motorcycle Safety Trust Fund". All Court fees collected under this Section, appropriations of the general assembly, Federal grants, private donations and any other monies designated for the Motorcycle Safety Education Program established under Sections 302.133 to 302.138, RSMo., shall be deposited in the fund. Monies deposited in the fund shall, upon appropriation by the general assembly to the Department of Public Safety, be received and expended by the Department of Public Safety for the purpose of funding the Motorcycle Safety Education Program established under Sections 302.133 to 302.138, RSMo. Notwithstanding the provisions of Section 33.080, RSMo., to the contrary, any unexpended balance in the Motorcycle Safety Trust Fund at the end of any biennium shall not be transferred to the General Revenue Fund.
Any person who violates a Missouri law or a Municipal or County ordinance as an operator of a motorcycle or motortricycle shall be assessed additional Court costs of five dollars ($5.00). Any motor vehicle operator who violates a State law or Municipal or County ordinance where the violation involves a motorcycle or motortricycle or where the operator causes an accident involving a motorcycle or motortricycle shall be assessed additional Court costs of five dollars ($5.00).
Each Court cost assessed under this Section shall be doubled if the operator at fault violated any State law or local ordinance relating to the consumption of alcohol.
The Court costs collected under this Section by the Clerks of the Courts shall be paid into the State Treasury to the credit of the Motorcycle Safety Trust Fund created in this Section.
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.
[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]
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.
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.
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.
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.
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.
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 of the Revised Statutes of Missouri, as may be amended.
[Ord. No. 63 §1, 9-1-1995; Ord. No. 851 §1, 6-10-2002]
The City Administrator may appoint or remove the Municipal Court Clerk. The term of the Municipal Court Clerk shall continue at will of the City from the date of appointment for an indefinite period of time or until such employment is terminated as provided herein.
[Ord. No. 63 §2, 9-1-1995]
The Municipal Court Clerk shall, among other duties, prepare and post or supervise the preparation of the permanent docket book for all traffic and other misdemeanors handled in the Municipal Court. He/she shall safely and properly keep all journals, records, books and documents belonging or pertaining to the Municipal Court. The Court Clerk may be an official or employee of the City.
The Municipal Court Clerk shall attend Court sessions to record events, receive monies and schedule reappearances and accept affidavits and appeal bonds for cases appealed from Municipal Court. He/she shall, whenever required, receive and issue receipts for all monies paid to the Municipal Court and transmit all monies to the Treasury of the City of Wildwood.
The Municipal Court Clerk shall have custody of Missouri uniform traffic and illegal parking tickets and shall issue to Police Officers and maintain records of the same. He/she shall receive traffic tickets issued by Police Officers; record and process same for the Municipal Court and when required, collect fines and report convictions to the State of Missouri.
[Ord. No. 63 §3, 9-1-1995]
Compensation for the Municipal Court Clerk shall be established by the City Council.
[Ord. No. 63 §4, 9-1-1995]
At the request of the Municipal Court Clerk, the City Administrator may appoint clerical assistants for the Court Clerk; such positions shall be authorized by the City Council.
[Ord. No. 63 §5, 9-1-1995]
During any period in which the City of Wildwood is without a Municipal Court Clerk or Deputy Court Clerk, the City Clerk shall have the responsibility to perform the Court Clerk's duties.
[Ord. No. 63 §6, 9-1-1995; Ord. No. 2391, 9-10-2018]
The City Administrator is authorized to employ one (1) or more Deputy Court Clerks to assist in the performance of the functions of the Municipal Court Clerk. Each Deputy Court Clerk shall be subject to the same regulations, and shall have the same authority, as the Municipal Court Clerk, pursuant to Article II of Chapter 135 of the Code of Ordinances of the City of Wildwood.
[Ord. No. 166 §§1—2, 9-25-1995]
The Municipal Court Clerk shall be authorized to write checks and issue transfers on the following municipal accounts in the same manner and subject to the same restrictions as other officers as set forth in Chapter 145 of this Code:
No transfer or check shall be issued from any Municipal Court account except to transfer funds to municipal accounts or as otherwise may be required, but in no event shall expenditures for Municipal Court activities or operation be expended from any Municipal Court account.