[R.O. 2006 §130.120; CC 1985 §9-51]
All prosecutions for the violation of municipal ordinances shall
be instituted by information and may be based upon a complaint. Proceedings
shall be in accordance with the Supreme Court rules governing practice
and procedure in proceedings before Municipal Judges.
[R.O. 2006 §130.130; Code 1975 §72.080; CC 1985
§9-52]
All warrants issued by a Municipal Judge shall be directed to
the Chief of Police or any other Police Officer or to the Sheriff
of the County. The warrants 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 of criminal cases.
[R.O. 2006 §130.140; CC 1985 §9-54]
The Chief of Police or other Police Officer shall, without a
warrant, make arrest of any person who commits an offense in his/her
presence, but any such officer shall, before the trial, file a written
complaint with the Judge hearing the case.
[R.O. 2006 §130.150; CC 1985 §9-55]
It shall be the duty of an attorney designated by the City to
prosecute the violations of this Code and other City ordinances before
the Municipal Judge or before any Circuit Judge hearing violations
thereof. The salary or fees of the attorney and his/her necessary
expenses incurred in any such prosecution shall be paid by the City.
The compensation of such attorney shall not be contingent upon the
result in any case.
[R.O. 2006 §130.160; Code 1975 §72.100; CC 1985
§9-56]
[R.O. 2006 §130.170; CC 1985 §9-57]
In any trial for the violation of this Code or any other City
ordinance, all issues of fact shall be tried by the Municipal Judge
except where trial by jury is authorized by law and the defendant
or his/her attorney requests a trial by jury.
[R.O. 2006 §130.180; Code 1975 §72.130; CC 1985
§9-58]
A.
It
shall be the duty of the Municipal Judge to summon all persons whose
testimony may be deemed essential as witnesses at trial, and to enforce
their attendance by attachment, if necessary.
B.
When
a trial shall be continued by the Municipal Judge, it shall not be
necessary to summon any witness who may be present at the continuance;
but the Municipal Judge shall verbally notify such witnesses present
as either party may desire to attend on the day set for trial, and
enter the names of such witnesses on his/her docket, which verbal
notice shall be valid as a summons.
[R.O. 2006 §130.190; Code 1975 §72.120; CC 1985
§9-59]
If, in the progress of any trial before the Municipal Court,
it shall appear that the accused ought to be put upon his/her trial
for an offense against the criminal laws of the State, and not cognizable
before the Municipal Judge, he/she shall immediately stop all further
proceedings before him/her as Municipal Judge, and cause complaint
to be made at once before a Circuit Court, having jurisdiction, who
shall thereupon proceed as in other cases cognizable before Circuit
Judges.
[R.O. 2006 §130.200; CC 1985 §9-60]
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
the prisoner until discharged by due process of law. The City shall
pay the board of any such prisoner at the same rate as may now or
hereafter be allowed to the Sheriff for the keeping of the prisoner
in his/her custody. These expenses shall be taxed as costs.
[R.O. 2006 §130.210]
A.
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 such Judge. When a person is placed on probation he/she shall
be given a certificate explicitly stating the conditions on which
he/she is being released.
B.
In
addition to such other authority as exists to order conditions of
probation, the Court may order conditions which the Court believes
will serve to compensate the victim of the crime, any dependent of
the victim, or society in general. Such conditions may include, but
need not be limited to:
C.
A person
may refuse probation conditioned on the performance of free work.
If he/she does so, the Court shall decide the extent or duration of
sentence or other disposition to be imposed and render judgment accordingly.
Any County, City, person, organization, or agency, or employee of
a County, City, organization or agency charged with the supervision
of such free work or who benefits from its performance shall be immune
from any suit by the person placed on parole or probation or any person
deriving a cause of action from him/her if such cause of action arises
from such supervision of performance, except for intentional torts
or gross negligence. The services performed by the probationer or
parolee shall not be deemed employment within the meaning of the provisions
of Chapter 288, RSMo.
D.
The
Court may modify or enlarge the conditions of probation at any time
prior to the expiration or termination of the probation term.
[R.O. 2006 §130.220; CC 1985 §9-62]
A.
In
any case tried before a Municipal Judge who is licensed to practice
law in this State or before an Associate Circuit Judge, except where
there has been a plea of guilty or the case has been tried with a
jury, the defendant shall have a right of trial de novo before a Circuit
Judge or upon 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 State Supreme Court rule.
B.
In
any case tried with a jury before an Associate Circuit Judge a record
shall be made and appeals may be had upon that record to the appropriate
Appellate Court.
[R.O. 2006 §130.230; CC 1985 §9-63]
A Municipal Judge shall be disqualified to hear any case in
which he/she is in any case interested, or, if before the trial is
commenced, the defendant or the prosecutor files an affidavit that
the defendant or the City, 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 City shall be entitled to file
more than one (1) affidavit or disqualification in the same case.
[R.O. 2006 §130.240; Code 1975 §72.110; CC 1985
§9-64]
The Municipal Judge may require a defendant to enter into recognizance,
with sufficient security, conditioned that he/she will appear before
the Municipal Judge at the time and place appointed, then and there
to answer the complaint alleged against him/her; and if he/she fails
or refuses to enter into such recognizance, the defendant may be committed
to jail and held to answer such complaint.
[R.O. 2006 §130.250; Code 1975 §72.110(1); CC 1985
§9-65]
In case of a breach of any recognizance entered into before
the Municipal Judge or an Associate Circuit 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 Judge
or Associate Circuit 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 Municipal Treasury to the General
Revenue Fund of the City.
[R.O. 2006 §130.260; Code 1975 §72.140; CC 1985
§9-66]
If the defendant pleads or shall be found guilty, the Municipal
Judge shall declare and assess the punishment prescribed for the particular
offense according to his/her finding or the verdict of the jury, and
render judgment accordingly and for cost of suit. It shall be a part
of such judgment that the defendant stands committed until judgment
is complied with.
[R.O. 2006 §130.270; Code 1975 §13.050; CC 1985
§9-67]
When a fine is assessed for a violation of an ordinance, it
shall be within the discretion of the Judge, or other official, assessing
the fine to provide for the payment of the fine on an installment
basis under such terms and conditions as he/she may deem appropriate.
[R.O. 2006 §130.280; Ord. No. 99.20 §3, 8-19-1999; Ord. No. 01.39 §I, 10-18-2001; Ord. No. 01.40 §I, 10-18-2001]
A.
In
addition to any fine that may be imposed by the Municipal Judge in
any case filed in the Osage Beach Municipal Division of the Twenty-Sixth
Judicial Circuit Court, 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.
Police Officer training fee. A fee of three dollars
($3.00) is hereby established and assessed as additional Court costs
in each Court proceeding, except that no such fee shall be collected
when the proceedings against the defendant have been dismissed.
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.
Crime Victims' Compensation Fund. 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 in any proceeding when the proceeding or the defendant has been dismissed by the Court. All sums collected pursuant to this Subsection shall be paid at least monthly as follows:
4.
There shall be a two dollar ($2.00) cost for the purpose of providing
operating expenses for shelters for battered persons as set out in
Section 488.607, RSMo.
5.
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.
6.
Actual costs assessed against the City by the County Sheriff for
apprehension or confinement in the County Jail.
7.
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.
8.
Any other reasonable cost as may be otherwise provided by 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 as set out in Subsection (9) hereof.
9.
Reimbursement of certain costs of arrest.
a.
Upon a plea or a finding of guilty for a first (1st) offense of violating
the provisions of an ordinance of the City of Osage Beach, 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 Police Department for the 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 Chief of Police shall 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.
d.
Upon receipt of such additional costs authorized by this Subsection,
the City Treasurer shall retain such costs in a separate fund to be
known as the "DWI/Drug Offense Cost Reimbursement Fund". Monies with
such fund shall be appropriated by the Board of Aldermen to the Police
Department in amounts equal to those costs so collected and shall
be used by such Department specifically to enhance and support the
enforcement and prosecution of alcohol- and drug-related traffic laws
within the City.
[R.O. 2006 §130.290; Ord. No. 91.08 §1, 11-7-1991]
In addition to the forfeiture of any security which was given
or pledged for the release of any person who, having been released
upon recognizance or bond pursuant to any other provisions of law,
willfully fails to appear before the Judge of the Municipal Court
as required or any person who willfully violates a written promise
to appear to answer to any violation of the municipal ordinances of
the City of Osage Beach shall be guilty of a misdemeanor, regardless
of the disposition of the charges on which he/she was originally arrested,
and the Judge of the Municipal Court may assess a penalty not exceeding
five hundred dollars ($500.00) and/or ninety (90) days imprisonment
in addition to the costs incurred by the court to procure the person's
attendance to answer said charges.
