City of Parkville, MO
Platte County
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Table of Contents
Table of Contents
[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]
The Municipal Judge shall vacate his 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;
Upon attaining his seventieth (75th) birthday;
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]
The Municipal Judge shall possess the following qualifications before he 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 Municipal Judge for any other municipality.
He/she may not hold any other office within the City government.
The Municipal Judge may, but need not, be a resident of the City of Parkville.
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]
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 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.
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.
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.
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.
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]
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:
To collect fines and Court costs;
To take oaths and affirmations;
To accept signed complaints, and allow the same to be signed and sworn to or affirmed before him;
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 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 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]
In addition to any fine that may be imposed by the Municipal Judge, costs shall be assessed in all cases. Costs associated with Municipal Court shall be established in the Schedule of Fees adopted by the Board of Aldermen by resolution as authorized by Municipal Code Chapter 800, Section 800.010.
[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]
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.
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:
Restitution to any victim or any dependent of the victim, in an amount to be determined by the Judge; and
The performance of a designated amount of free work for a public or charitable purpose, or purposes, as determined by the Judge.
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.
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.