City of Bridgeton, MO
St. Louis County
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Table of Contents
Table of Contents
Charter reference — Municipal court, §4.01.
[Ord. No. 78-155 §1, 12-20-1978]
A. 
Office Created. There shall be a Municipal Judge, selected in accordance with this Chapter, who shall have original jurisdiction to hear and determine all violations against the ordinances of the City.
B. 
Extent of Jurisdiction. The Municipal Judge may serve as Municipal Judge in more than one municipality.
C. 
Legal Requirements. No person shall serve as Municipal Judge unless he be licensed to practice law in this State unless, prior to January 2, 1979, he has served as Municipal Judge of this City at least three (3) years.
D. 
Residence Requirements. The Municipal Judge shall be a resident of Missouri and resident and registered voter of the City.
E. 
Relationship to County Court. The Judge selected under the provisions of this Chapter shall be a Municipal Judge of the Circuit Court and shall be a division of the St. Louis County Circuit Court. The Judge of this Municipal Division shall be subject to the rules of the Circuit Court which are not inconsistent with the rules of the Supreme Court. The Presiding Judge of the Circuit shall have general administrative authority over the Judge and court personnel of the Municipal Division.
F. 
Compensation. No Municipal Judge shall hold any other office in the City. The compensation of the 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.
G. 
Age. The Municipal Judge shall be at least twenty-one (21) years of age. No person shall serve as Municipal Judge after he has reached his seventy-fifth (75th) birthday.
[Ord. No. 78-155 §1, 12-20-1978]
A. 
The Mayor shall notify in writing the Circuit Clerk of St. Louis County that the City has made provision for a Municipal Judge before the Municipal Judge hears and determines any case.
B. 
The Judge of the Municipal Court in office on January 1, 1979, shall serve out the term which he is then serving as Municipal Judge of the Circuit Court and until his successor has been duly elected and qualified. At the last general municipal election during said term, and at the general municipal election each two (2) years thereafter, the registered voters of the City shall elect a Municipal Judge, who shall serve for a term of two (2)years and until his successor is duly elected and qualified. A Municipal Judge may serve successive terms.
C. 
The Municipal Judge shall receive an annual salary payable in monthly installments. Any change in compensation shall not become effective during the current term of office of the then Municipal Judge.
[Ord. No. 78-155 §1, 12-20-1978]
The Municipal Judge shall establish a Traffic Violations Bureau. The Traffic Violations Bureau shall operate under the supervision of the Circuit Court and the Municipal Judge and shall be operated in accordance with the rules of the Supreme Court and the Rules of the Circuit Court. All expenses incident to the operation of the Traffic Violations Bureau, including salaries of clerical personnel, shall be paid by the City. The City shall provide suitable quarters for the Traffic Violations Bureau, and all fines and costs shall be paid into the Municipal Treasury.
[1]
Cross Reference — Traffic and vehicles, Title III.
[Ord. No. 78-155 §1, 12-20-1978]
A. 
Office of Municipal Division Clerk Established. There shall be a Clerk for the Municipal Division of Bridgeton, who shall be appointed by and may be removed by the Municipal Judge. The Clerk shall maintain complete records of each case filed in the Municipal Division and shall collect all fines assessed therein, account for same, and deliver same to the Municipal Treasury in accordance with Section 110.060. A warrant may be issued under the hand of the Clerk if the complaint or information is filed by the attorney for the City.
B. 
Meetings of Municipal Division. The Municipal Division shall hold Court in the City Hall. Regular sessions of the Division shall convene on the first (1st) and third (3rd) Thursday and the second (2nd) and fourth (4th) Tuesday of each month at 7:00 P.M. at the City Hall; however, if such date is a legal holiday the session shall convene on the date next following at the same place and hour.
C. 
Salaries Paid by City. The salaries of the Judge and the Clerk, and other expenses incidental to the operation of the Municipal Division, shall be paid by the City. Salaries shall be set by ordinance. The compensation of the Clerk shall not be predicated upon the amount of fines levied or the number of guilty pleas or adjudications of guilt in causes processed through the Municipal Division or Traffic Violations Bureau which he serves.
D. 
Marshals. The Chief of Police and his subordinates shall serve as Marshal and Deputy Marshals of the Division and shall enforce orders, judgments and decrees.
[Ord. No. 78-155 §1, 12-20-1978; Ord. No. 85-90 §1, 10-16-1985]
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 proceeding therein, and he shall keep such other records as required. Such dockets and records shall be records of the Circuit Court. The Municipal Judge shall deliver said docket and records and all books and papers pertaining to his office to his successor in office or to the Presiding Judge of the Circuit Court. The Municipal Judge shall have the power to administer oaths and enforce due obedience to all orders, rules and judgments made by him, and may fine or imprison for contempt committed before such Judge while holding Court in the same manner and to the same extent as a Circuit Judge. The Municipal Judge shall further be empowered to allow persons, at least eighteen (18) years of age, convicted of violations of a City ordinance, to perform voluntary work for the City in lieu of or in addition to any punishment, subject to such terms and conditions as may be acceptable to the City. No person shall be allowed to perform voluntary work under the provisions of this Section unless he or she shall first sign a release in the form provided by the City Attorney.
[1]
State Law Reference — For similar state law, see RSMo. §479.070.
[Ord. No. 78-155 §1, 12-20-1978; Ord. No. 89-110 §1, 3-1-1990; Ord. No. 94-50 §1, 7-20-1994]
A. 
In the prosecution of violations of City ordinances before the Municipal Judge, all fines and costs shall be paid to and deposited not less frequently than monthly into the Municipal Treasury. The Municipal Treasurer shall keep and safeguard the funds and proceeds from the additional court cost fee in a separate account to be disbursed only in accordance with Sections 590.140.1 and 590.140.2, RSMo. and Section 3.06, Subsection (6), of the City Charter of the City of Bridgeton, Missouri.
B. 
Until modified or otherwise provided by Supreme Court administrative rule, the Municipal Judge shall cause the Clerk serving his Division, within the first ten (10) days of every month, to make out a list of all the cases heard or tried before the Judge 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 defendants committed and the cases in which there was an application for trial de novo respectively. Such Clerk or the Judge shall verify such lists and statements by affidavit and file the same forthwith with the City Clerk, who shall lay the same before the Council at the first session thereafter. The Municipal Division Clerk shall, within the ten (10) days aforesaid, pay to the Municipal Treasurer the full amount of all fines collected by him during the preceding month if not previously paid to the Municipal Treasurer.
[Ord. No. 78-155 §1, 12-20-1978]
All prosecutions for the violation of City 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.
[Ord. No. 78-155 §1, 12-20-1978]
All warrants issued by the Municipal Judge shall be directed to the Chief of Police, or any other Police Officer of the City, or to the Sheriff of St. Louis County. The warrants shall be executed by the Chief of Police, Police Officer or St. Louis County Sheriff at any place within the limits of St. Louis 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. 78-155 §1, 12-20-1978]
The Chief of Police or other Police Officer of the City shall, without a warrant, arrest any person who commits an offense in his presence; but such officer shall, before the trial, file a written complaint with the Municipal Judge.
[Ord. No. 78-155 §1, 12-20-1978]
A. 
It shall be the duty of an attorney designated by the City to prosecute the violations of the City's ordinances before the Municipal Judge. The salary or fees of the attorney and his necessary expenses incurred in such prosecutions shall be paid by the City.
B. 
The Mayor shall appoint, subject to the approval of the Council, an attorney licensed to practice law in the State of Missouri to prosecute violations of the City's ordinances before the Municipal Judge.
[Ord. No. 78-155 §1, 12-20-1978]
Any person charged with the violation of a City ordinance shall be entitled to a trial by jury, as in prosecutions for misdemeanors before an Associate Circuit Judge.
[Ord. No. 78-155 §1, 12-20-1978]
In any trial for the violation of a City ordinance, all issues of fact shall be determined by the Judge unless a trial by jury is authorized by law and the defendant or his attorney requests a trial by jury.
[Ord. No. 78-155 §1, 12-20-1978]
Whenever a defendant accused of a violation of a City ordinance has the right to a trial by jury and demands such trial by jury, the Municipal Judge shall certify the case for assignment in the manner provided in Subsection (2) of Section 517.520, RSMo.
[Ord. No. 78-155 §1, 12-20-1978]
A. 
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 Judges and shall be taxed as other costs in the case.
B. 
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. 78-155 §1, 12-20-1978]
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 same Associate Circuit Judge within the County.
[Ord. No. 78-155 §1, 12-20-1978]
If the City has no suitable and safe place of confinement, the defendant may be committed to the County Jail by the Judge; 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 City shall pay the board of such prisoner at the same rate as may now or hereafter be allowed by law to such Sheriff for the keeping of other prisoners in his custody.
[Ord. No. 78-155 §1, 12-20-1978]
The Municipal Judge 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.
[Ord. No. 78-155 §1, 12-20-1978; Ord. 80-57 §1, 8-20-1980]
A. 
Definitions. As used in this Section, the following terms shall have the following meanings:
JUDGE
The Municipal Judge of the Bridgeton Municipal Division of the St. Louis County Circuit Court.
PAROLE
The release of a prisoner to the community by the Judge prior to the expiration of his term of imprisonment, subject to any conditions which may be imposed by the Judge, and subject to supervision of the Judge.
PROBATION
A procedure under which a defendant found guilty of an offense upon verdict or plea is released by the Judge without imprisonment, subject to conditions imposed by the Judge and subject to supervision of the Judge.
B. 
Power of Judge. The Judge shall have the power to suspend the imposition of sentence on persons convicted of a violation of any of the ordinances of the City or to pronounce sentence and suspend the execution thereof and to grant probation or parole to such persons, and in any such event to impose such terms and conditions upon the grant of probation or parole or the suspension of sentence or imposition thereof as the Judge may, in his discretion, deem reasonable and proper. Without limiting the generality of the foregoing, the Judge may, in his discretion, impose as a condition of probation, parole or suspended imposition of sentence, the payment of an amount, not to exceed seventy-five dollars ($75.00), which shall constitute fees for the Probation and Parole Officer; except that the Judge shall not impose such a condition when the defendant is found by the Judge to be indigent and unable to pay such amount. Such amount shall be collected by the Clerk and disbursed as provided in Subsection (A) of Section 110.060. The exercise by the Judge of the power herein granted shall be subject to the restrictions and conditions hereinafter provided.
C. 
Probation. When any person is convicted of any offense, and confinement or fine is assessed as the punishment therefor, the Judge, if satisfied that the defendant, if permitted to go at large, would not again violate the law, may in his discretion, by order of record, suspend the imposition of sentence or may pronounce sentence and suspend the execution thereof and may also place the defendant on probation upon such conditions as the Judge sees fit to impose. The period of suspension of imposition of sentence or execution thereof or of probation shall be for a specific term, which shall be stipulated in the order of record. No such suspension or probation under this Chapter shall be granted for a term of less than six (6) months, and no probation shall be granted for a term of longer than one (1) year. The Judge may extend the initial term of the suspension or probation, but no more than one (1) extension of any probation may be ordered.
D. 
Parole. When any person is convicted of any offense, and confinement is assessed as the punishment therefor, the Judge may in his discretion, at any time during the period of such person's confinement, upon being satisfied that such person, if permitted to go at large, will not violate the law, parole such person upon such conditions as the Judge sees fit to impose. Such parole shall be for a term not less than the balance of sentence of confinement imposed on such person or may be granted for a longer term; but in no event shall such term be longer than one (1) year.
E. 
Duties of Persons on Probation or Parole. It is the duty of a person granted probation or parole under the provisions of this Section to appear as directed by the Judge granting the probation or parole during the continuance of the probation or parole and submit proof as may be directed by the Judge that he has, since the date of his probation or parole or since the last date at which the proof has been furnished, complied with all the conditions of the probation or parole and conducted himself as a peaceable and law-abiding citizen.
F. 
Expiration of Period of Suspension. If the Judge shall suspend the imposition of sentence or the execution thereof without ordering probation for the defendant involved, in such event, upon the expiration of the term of suspension, the Judge shall impose sentence or order the execution thereof or, if satisfied that the reformation of the defendant granted such suspension is complete, shall order the discharge of such individual. The order or discharge shall operate as a complete satisfaction of the original judgment by which the fine or jail sentence or commitment was imposed or suspended.
G. 
Discharge from Probation or Parole. When a defendant who has been placed upon probation or parole for the term prescribed by the Judge, and the Judge granting the probation or parole is satisfied that the reformation of the defendant is complete and that he will not again violate the law, the Judge shall, by order of record, grant his absolute discharge. Such discharge shall be automatic unless, prior to the expiration of the term of probation or parole, the Judge shall order an extension of such term, as hereinabove provided for. The order or discharge shall operate as a complete satisfaction of the original judgment by which the fine or jail sentence or commitment was imposed or suspended.
H. 
Violation of Term of Probation or Parole.
1. 
In the event that any person granted probation or parole hereunder violates the terms and conditions of his probation or parole, or is convicted of a violation of law before the Judge granting such probation or parole or in any court of this State, the Judge may, in his discretion, order the probation or parole revoked and direct that the sentence heretofore imposed be commenced and order execution thereof; or in the event imposition of sentence was suspended, the Judge may pronounce sentence and order execution thereof. The Judge may in his discretion order the continuance of the probation or parole upon such conditions as the Judge may prescribe. The Judge in his discretion may order the allowance in mitigation of the sentence credit for all or for part of the time the defendant was upon probation or parole.
2. 
After probation or parole has been revoked, as provided above, the Judge may in his discretion require the payment of all costs in the case and may grant a second probation or parole; but no more than two (2) probations or paroles shall be granted the same person under the same judgment of conviction.
3. 
The Judge shall not revoke the probation or parole granted to a person hereunder until he shall first have held a hearing at which time evidence of such violation or condition shall be presented and at which time the person on probation or parole shall have the opportunity to appear and to show cause why his probation or parole should not be revoked.
I. 
Probation and Parole Officer.
1. 
There is hereby created the position of Probation and Parole Officer, who shall be appointed by and assist the Judge in the exercise of the powers granted by this Chapter.
2. 
Such Probation and Parole Officer shall have the following duties and shall perform the following functions:
a. 
Such officer shall, when directed by the Judge, make a pre-sentence investigation and report to the Judge before the imposition of sentence or the granting of probation. The report shall not be submitted to the Judge or its contents disclosed to anyone unless the defendant has pleaded guilty or has been found guilty. The report of the pre-sentence investigation shall contain any prior record of the defendant and such information about his characteristics, his financial condition, his social history and the circumstances affecting his behavior as may be helpful in imposing sentence or in recommending probation or in the correctional treatment of the defendant. The officer shall secure such other information as may be required by the Judge; and whenever it is practicable and requested by the Judge, the investigation may include a physical and mental examination of the defendant.
b. 
Upon the receipt of the Judge of an application for parole or upon the Judge's own motion, such officer shall, at the discretion of the Judge, make an investigation concerning the applicant and all pertinent facts and circumstances surrounding the application for parole, and shall promptly report the results of his investigation to the Judge.
c. 
Such officer shall perform such duties of supervision as may be directed by the Judge in connection with persons granted probation or parole pursuant to the provisions of this Chapter.
d. 
Upon receiving information indicating that a person granted probation or parole pursuant to this Section has or may have violated the terms and conditions of his probation or parole, or been convicted of violation of law in any court of this State, such officer shall report such information to the Judge; and, in the event the Judge determines to hold a hearing as provided by Subsection (H) of this Section, such officer shall assist the Assistant City Attorney in the preparation and presentation of evidence at such hearing.
e. 
Prior to the expiration of the term of the probation or parole, and in no event later than the last day of such term, such officer shall make a report to the Judge with respect to the conduct of the person granted probation or parole during such term and shall recommend either that such person be discharged or that the term of such person's probation or parole be extended; provided however, in the event no such report is timely made, such person shall automatically be discharged from probation or parole as provided for in Subsection (F) hereof.
f. 
Such officer shall perform such other duties as the Judge may direct.
3. 
The Probation and Parole Officer may be assisted in his duties by such assistant Probation and Parole Officer as the Council may authorize by ordinance.
4. 
The compensation of such Probation and Parole Officer and Assistant Probation and Parole Officer shall be as fixed by ordinance of the Council.
J. 
Probation and Parole Records. The Clerk of the Municipal Division shall keep in a permanent file all applications for probation or parole by the Judge and shall keep in such manner as may be prescribed by the Judge complete and full records of all probations or paroles granted, revoked or terminated, and all discharges from probations or paroles. All orders relating to any probation or parole granted under the provisions of this Chapter shall be kept in a like manner. Information and data obtained by a Probation or Parole Officer in serving the Judge or Board of Parole is privileged information, shall not be receivable in any court, and shall not be disclosed directly or indirectly to anyone other than the Judge; except the Judge may in his discretion permit the inspection of the report, or parts thereof, by the defendant, or prisoner or his attorney, or other person having a proper interest therein, whenever the best interest or welfare of a particular defendant or prisoner makes such action desirable or helpful.
[Ord. No. 78-155 §1, 12-20-1978]
In any case tried before a Municipal Judge who is licensed to practice law in this State, 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 Supreme Court rule.
[Ord. No. 78-155 §1, 12-20-1978]
In case of a breach of any recognizance entered into before the Municipal Judge, 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 City 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 the 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.
[Ord. No. 78-155 §1, 12-20-1978]
The Municipal Judge shall be disqualified to hear any case in which he is in anywise interested, or, if before the trial is commenced, the defendant or the prosecutor files and 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 more than one (1) affidavit of disqualification in the same case.
[Ord. No. 78-155 §1, 12-20-1978]
A. 
If the Municipal Judge be absent, sick or disqualified from acting, the Mayor may designate some competent, eligible person to act as Municipal Judge until such absence or disqualification shall cease; provided however, that should a vacancy occur in the office of an elected Municipal Judge more than six (6) months before a general municipal election, then a special election shall be held to fill such vacancy; and in case of vacancy in the office of an elected Municipal Judge within less than six (6) months of a general municipal election, the office may be filled by a competent, eligible person designated by the Mayor.
B. 
The City Council shall provide by ordinance for the compensation of any person designated to act as a Municipal Judge under the provisions of this Section.
[Ord. No. 78-155 §1, 12-20-1978]
When a fine is assessed for violation of an ordinance, it shall be within the discretion of the Judge assessing the fine to provide for the payment of the fine on an installment basis under such terms and conditions as he may deem appropriate.
[Ord. No. 78-155 §1, 12-20-1978]
In the trial of City ordinance violation cases, a copy of a City ordinance which is certified by the City Clerk shall constitute prima facie evidence of such ordinance. If such certified copy is on file with the Clerk serving the Judge hearing a case, and readily available for inspection by the parties, the Judge may take judicial notice of such ordinance without further proof.
[Ord. No. 78-155 §1, 12-20-1978; Ord. No. 80-72 §1, 10-29-1980; Ord. No. 85-111 §1, 12-18-1985; Ord. No. 89-110 §1, 3-1-1990; Ord. No. 94-50 §2, 7-20-1994; Ord. No. 96-85 §1, 12-18-1996; Ord. No. 04-34 §2, 5-19-2004; Ord. No. 19-17, 9-18-2019]
A. 
In all cases coming before the Municipal Judge, except those in which the defendant is found by the Judge to be indigent and unable to pay the costs, where there is a finding by the Judge against the defendant, the Judge shall levy, in addition to the fine or penalty, and the fees of witnesses, the following:
1. 
Court Costs
$12.00
Crime Victims Fund
$7.50
Abuse Shelter Fund
$1.00
Law Enforcement Training Fund
$2.00
Peace Officer Standards and Training Commission Fund
$1.00
Inmate Prisoner Detainee Security Fund
$2.00
Statewide Court Automation Fund
$7.00
2. 
Such costs shall be collected by the Clerk and disbursed as provided in Subsection (A) of Section 110.060.
3. 
When an application for trial de novo is filed in the municipal court, a thirty dollar ($30.00) application fee shall be collected and forwarded to the Associate Division of the St. Louis County Circuit Court.
B. 
If, upon the trial to the Municipal Judge, it appears to the satisfaction of the Judge that the prosecution was commenced without probable cause and from malicious motives, the Judge shall state the name of the complainant or prosecutor in the finding and shall impose the costs of the prosecution upon him or her, and judgment shall be rendered against the complainant or prosecutor that he or she pay such costs and stand committed to jail until same are paid.
C. 
No fees for a Judge, City Attorney or prosecutor shall be assessed as costs in a City ordinance violation case.
[Ord. No. 78-155 §1, 12-20-1978]
A. 
All records belonging to the Bridgeton Municipal Court on January 1, 1979, shall, on January 2, 1979, become records of the St. Louis County Circuit Court. Physical custody of such records shall be maintained by the City, except for records in cases pending on January 1, 1979, which records shall be physically transferred to the custody of the Municipal Clerk serving the Judge of the Bridgeton Municipal Division. Physical custody of records belonging to the Bridgeton Municipal Court shall also be transferred to the St. Louis County Circuit Court when the records or cases are ordered transferred pursuant to local Circuit Court rule.
B. 
All cases which are pending in the Bridgeton Municipal Court on January 1, 1979, shall then be transferred to the Bridgeton Municipal Division of the St. Louis County Circuit Court for hearing or disposition before the Municipal Judge.