[Ord. No. 1005 §1, 11-17-1987]
There is hereby established in this City a Municipal Court,
to be known as the Parkville Municipal Court, a Division of the Sixth
Judicial Circuit Court of the State of Missouri. This court is a continuation
of the Police Court of the City as previously established, and is
termed herein "the Municipal Court".
[Ord. No. 1005 §2, 11-17-1987]
The jurisdiction of the Municipal Court shall extend to all
cases involving alleged violations of the ordinances of the City.
[Ord. No. 1005 §3, 11-17-1987]
The Judge of the City's Municipal Court shall be known as a
Municipal Judge of the Sixth Judicial Circuit Court, and shall be
selected by majority vote of the qualified voters at the regular election
to elect City Officers held on the first Tuesday in April each year.
[Ord. No. 1005 §4, 11-17-1987]
The Municipal Judge shall hold his office for a period of two
(2) years and shall take office biannually. If for any reason a Municipal
Judge vacates his office, his successor shall complete that term of
office, even if the same be for less than two (2) years.
[Ord. No. 1005 §5, 11-17-1987]
A.
The
Municipal Judge shall vacate his 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;
2.
Upon attaining his seventieth (75th) birthday;
3.
If he should lose his license to practice law within the State of
Missouri, if he is an attorney.
[Ord. No. 1005 §6, 11-17-1987; Ord. No. 2668 §1, 1-15-2013]
A.
The
Municipal Judge shall possess the following qualifications before
he 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 Municipal Judge for any other municipality.
5.
He/she may not hold any other office within the City government.
6.
The Municipal Judge may, but need not, be a resident of the City
of Parkville.
7.
The Municipal Judge shall be considered holding a part-time position,
and as such may accept (within the requirements of the Code of Judicial
Conduct, Missouri Supreme Court Rule 2) other employment.
[Ord. No. 1005 §7, 11-17-1987]
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 directives.
[Ord. No. 1005 §8, 11-17-1987]
The Municipal Judge shall cause to be prepared within the first
ten (10) days of every month a report indicating 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 defendants 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 will be filed with the City Clerk,
who shall thereafter forward the same to the Board of Aldermen 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 to the Municipal Treasurer the full amount of all fines collected
during the preceding month, if they have not previously been paid.
[Ord. No. 1005 §9, 11-17-1987]
The Municipal Judge shall be a conservator of the peace. He
shall keep a docket in which he shall enter every case commenced before
him and the proceedings therein and he shall keep such other records
as may be required. Such docket and records shall be records of the
Circuit Court of Platte County. The Municipal Judge shall deliver
the docket and records of the Municipal Judge shall deliver the docket
and records or the Municipal Court, and all books, and papers pertaining
to his office, to his successor in office or to the presiding Judge
of the Circuit.
[Ord. No. 1005 §10, 11-17-1987]
A.
The
Municipal Judge shall be and is hereby authorized to:
1.
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.
2.
Administer oaths and enforce due obedience to all orders, rules and
judgments made by him, and may fine and imprison for contempt committed
before him 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 of 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 our 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. 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 Rules 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 ordinances of this City.
[Ord. No. 1005 §11, 11-17-1987]
All warrants issued by a 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. 1253 §1, 10-1-1991]
The Chief of Police or other Police Officer of the City may
arrest on view, and without a warrant, any person he sees violating
or who he has reasonable grounds to believe has violated any law of
this State, including a misdemeanor, or has violated any ordinance
over which such officer has jurisdiction. The power of arrest authorized
by this Section is in addition to all other powers conferred upon
Law Enforcement Officers, and shall not be construed so as to limit
or restrict any other power of a Law Enforcement Officer.
[Ord. No. 1005 §13, 11-17-1987; Ord. No. 1461 §1, 9-20-1994]
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 as provided by
law. 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, as provided
in the applicable Missouri Statutes and Missouri Supreme Court Rules
of Procedure.
[Ord. No. 1005 §14, 11-17-1987]
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 necessary expenses
incurred in such prosecutions shall be paid by the City. The compensation
of such attorney shall not be contingent upon the result of any case.
[Ord. No. 1005 §15, 11-17-1987]
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 trial
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 on the
day set for trial to testify in the case and enter the names of such
witnesses on his docket, which oral notice shall be valid as a summons.
[Ord. No. 1005 §16, 11-17-1987]
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 as Municipal Judge, he shall immediately stop all further
proceedings before him as Municipal Judge and cause the complaint
to be made before some Associate Circuit Judge within the County.
[Ord. No. 1005 §17, 11-17-1987; Ord. No. 1461 §2, 9-20-1994]
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, or any suitable place of confinement.
The Municipality shall pay the board for such prisoner. The same may
be taxed as costs, as allowed by law.
[Ord. No. 1005 §18, 11-17-1987; Ord. No. 1461 §3, 9-20-1994]
Any Judge hearing violations of Municipal ordinances may, when
in his 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 Court may establish a probation bond
as allowed by law.
[Ord. No. 1005 §19, 11-17-1987; Ord. No. 1461 §4, 9-20-1994]
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. The Court may assess
an appeal bond or waive said bond if appropriate.
[1]
Editor's Note — Ord. No. 1461 §5, adopted on 9-20-1994
repealed §145.200 which originall derived from Ord. No. 1005
§20, 11-17-1987.
[Ord. No. 1005 §21, 11-17-1987; Ord. No. 1461 §6, 9-20-1994]
In the case of a breach of any recognizance entered into before
a Municipal 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 Municipality.
[Ord. No. 1005 §22, 11-17-1987; Ord. No. 1461 §7, 9-20-1994]
A Municipal Judge shall be disqualified to hear any case in
which he 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. 1005 §23, 11-17-1987; Ord. No. 1461 §8, 9-20-1994]
If a Municipal Judge be absent, sick or disqualified from acting,
the Mayor or the presiding Judge of Platte County, Missouri, may designate
some competent, eligible person to act as Municipal Judge until such
absence or disqualification shall cease. The Board of Aldermen shall
provide by ordinance for the compensation of any person designated
to act as Municipal Judge under the provisions of this Section.
[Ord. No. 1005 §24, 11-17-1987; Ord. No. 1461 §9, 9-20-1994]
A.
The
Board of Aldermen shall designate a suitable person as the Clerk of
the Municipal Court. The duties of said Clerk shall be as follows:
1.
To collect fines and Court costs;
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;
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 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;
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 which constitute prima facia evidence of
such ordinance before the Court. Further, to maintain a similar certified
copy on file with the Clerk serving the Circuit Court of this County.
[Ord. No. 1005 §25, 11-17-1987; Ord. No. 1159 §2, 6-19-1990; Ord. No. 1318 §1—2, 8-4-1992; Ord. No. 1329 §1, 10-6-1992; Ord. No. 1395 §1, 11-2-1993; Ord. No. 1461 §10, 9-20-1994; Ord. No. 1484 §1, 1-3-1995; Ord. No. 1597 §§1—2, 7-16-1996; Ord. No. 1662 §1, 7-15-1997; Ord. No. 1663 §1, 7-15-1997; Ord. No. 1686 §§1—2, 12-2-1997; Ord. No. 1835, 11-2-1999; Ord. No.
1837 §1, 12-7-1999; Ord. No. 1977 §§1—2, 9-18-2001; Ord. No. 2702 §1, 8-20-2013; Ord. No. 2843 §§2 — 3, 5-17-2016]
[Ord. No. 1005 §26, 11-17-1987]
The costs of any action may be assessed against the prosecuting
witness and judgment be rendered against him that he pay the same
and stand committed until paid in any case where it appears to the
satisfaction of the Municipal Judge that the prosecution was commenced
without probable cause and from malicious motives.
[Ord. No. 1005 §27, 11-17-1987; Ord. No. 1461 §11, 9-20-1994]
When a fine is assessed for violating an ordinance, it shall
be within the discretion of the Judge assessing the fine to provide
for the payment of fine on an installment basis under such terms and
conditions as he may deem appropriate or allow community service in
lieu of part or all of such fine. Offenders allowed to pay their fines
through community service may be required to pay a fee set by the
judge to cover costs of record keeping and supervision.
[Ord. No. 1226 §§1-4, 5-21-1991; Ord. No. 1461 §12, 9-20-1994]
A.
The
Municipal Court, when in its judgment it may seem advisable, may grant
probation to any person who shall have pled guilty or who shall have
been found guilty after a trial before such court. When a person is
placed on probation he shall be given a certificate explicitly stating
the conditions on which he 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 any victim of the offense, any dependent
of the victim, or society in general. Such conditions may include,
but need not be limited to:
C.
Any
probation conferred upon a defendant shall be for a specific term
which shall be set forth in the certificate of probation. The Court
may extend the term of probation; however, no more than one (1) extension
of any probation may be ordered, and in no event shall the duration
of probation, including extension, be for a period of more than two
(2) years.
D.
If
during the term of probation the Court determines that the defendant
should show cause why probation should not be revoked and sentence
imposed for a violation of probation, then upon the issuance of any
order directed to the defendant to show such cause, or upon the issuance
of any warrant for the arrest of the defendant upon an allegation
that he has violated his probation, such probation shall be deemed
suspended pending hearing upon the allegations that the probation
has been violated and shall be then subject to further order of the
Court.
