Cross References — General penalty for Code violations, §100.150 et seq.; city attorney and prosecuting attorney, §115.080 et seq.; police and fire commission, §125.090 et seq.; administration and enforcement of motor vehicles and traffic regulations, ch. 310; offenses and miscellaneous provisions, ch. 210; police, ch. 200.
Article I In General
Article II Judge
[Code 1975 §9.01; CC 1989 §14-1]
There is hereby established in this City a Municipal Court, to be known as the "Town and Country Municipal Court, a Division of the 21st Judicial Circuit Court of the State of Missouri". This Court is a continuation of the City Police Court as previously established, and is termed herein "the Municipal Court".
[Code 1975 §9.02; CC 1989 §14-2]
The jurisdiction of the Municipal Court shall extend to all cases involving alleged violations of the ordinances of the City.
[Code 1975 §9.07; CC 1989 §14-3]
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 such Court shall obey his/her directive.
[Code 1975 §9.25; CC 1989 §14-4]
There shall be a Clerk and Deputy Clerk(s) of the Municipal Court. Deputy Clerk(s) shall perform such duties as are assigned by the Clerk of the Municipal Court and in the absence of the Clerk due to a vacancy, sickness, disability, or other reasons, the Deputy Clerk(s) shall perform all the duties of the Clerk during such period of time.
The Clerk of the Municipal Court shall be vested with the following powers, duties, and authorities:
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.
To sign and issue subpoenas requiring the attendance of witnesses and sign and issue subpoenas duces tecum.
To accept the appearance, waiver of trial and plea of guilty and payment of fine and costs in Traffic Violations Bureau cases or as directed by the Municipal Judge; generally act as Violation Clerk of the Traffic Violations Bureau.
To 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.
To maintain, properly certified by the City Clerk, a complete copy of the ordinances of the City which shall constitute prima facie 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.
Deputy Clerk(s) shall have the same full powers, duties, and authorities as that of the Clerk of the Municipal Court. The compensation of the Clerk and Deputy Clerk shall be fixed by ordinance from time to time by appropriate action of the Board of Aldermen.
[Code 1975 §9.08; CC 1989 §14-5]
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 the cases in which there was an application for trial de novo, respectively. The same shall be prepared under oath by the Municipal Court or the Municipal Judge. This report will be filed with the City Clerk, who shall thereafter forward the same to the Board of Aldermen for examination at its first (1st) session thereafter. The Municipal Court shall, within ten (10) days after the first (1st) of the month, pay to the Municipal Treasurer the full amount of all fines collected during the preceding months, if they have not been previously paid.
[Code 1975 §9.11; CC 1989 §14-6]
Should the Municipal Judge determine that there shall be a Traffic Violations Bureau, the City shall provide all expenses incident to the operation of the same. The Clerk and Deputy Clerk of the Municipal Court are hereby designated Violation Clerks for such Bureau, if established.
[Code 1975 §9.12; CC 1989 §14-7]
All warrants issued by a Municipal Judge shall be directed to the Chief of Police or any other Police Officer of the City or to the Sheriff of the County. The warrant shall be executed by the Chief of 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.
[Code 1975 §9.13; CC 1989 §14-8]
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.
[Code 1975 §9.14; CC 1989 §14-9]
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. 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 for reassignment.
[Code 1975 §9.15; CC 1989 §14-10]
It shall be the duty of the Prosecuting Attorney of the City 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 Prosecuting Attorney and his/her necessary expenses incurred in such prosecutions shall be paid by the City. The compensation of the Prosecuting Attorney shall not be contingent upon the result in any case.
[Code 1975 §9.16; CC 1989 §14-11]
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. 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.
[Code 1975 §9.17; CC 1989 §14-12]
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 Judge within the County.
[Code 1975 §9.18; CC 1989 §14-13]
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 cost.
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.
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:
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.
The court may modify or enlarge the conditions of probation at any time prior to the expiration or termination of the probation term.
[Code 1975 §9.20; CC 1989 §14-15]
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 rule.
[Code 1975 §9.21; CC 1989 §14-16]
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.
[Code 1975 §9.22; CC 1989 §14-17]
In the case of a breach of any recognizance entered into before a 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 municipality.
[Code 1975 §9.26; CC 1989 §14-18; Ord. No. 766, 1-30-1984; Ord. No. 1205 §1, 8-8-1988; Ord. No. 1512 §1, 5-28-1991; Ord. No. 1770 §1, 7-11-1994; Ord. No. 2012 §1, 12-2-1996; Ord. No. 2620 §1, 9-25-2001; Ord. No. 2623 §1, 9-25-2001; Ord. No. 2758 §§1 — 2, 10-15-2002; Ord. No. 3013 §1, 3-15-2005; Ord. No. 3258 §1, 7-10-2007]
In addition to any fine that may be imposed by the Municipal Judge, there shall be assessed as costs in all cases the following:
Costs of Court in the amount of twelve dollars ($12.00).
Other costs, such as for the issuance of a warrant, a commitment, or a summons, as provided for before an 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.
Actual costs incurred by the City Police Department in the arrest, booking and confinement of a person charged with driving while intoxicated or in a drugged condition or with excessive blood alcohol content. Such recoupment costs collected are to be transmitted to the City Police Department.
A fee of seven dollars fifty cents ($7.50) for the Crime Victims' Compensation Fund shall be collected in all cases, except where the proceeding is dismissed by the Court or where the costs are to be paid by the City on behalf of an indigent defendant.
At least monthly, ninety-five percent (95%) of the monies collected under this Subsection shall be paid to the State Director of Revenue and the remaining five percent (5%) shall be paid into the City Treasury.
A fee of two dollars ($2.00) pursuant to the provisions of Section 590.140, RSMo., shall be collected in all cases, except where the proceeding is dismissed by the Court. All fees collected pursuant to this Subsection shall be transmitted monthly to the Treasurer of the City.
A fee of one dollar ($1.00) pursuant to the provisions of Section 590.140, RSMo., shall be collected in all cases, except where the proceeding is dismissed by the Court. All fees collected pursuant to this Subsection shall be sent to the State Treasury to the credit of the Peace Officer Standards and Training Commission Fund created by Section 590.178, RSMo.
All funds collected pursuant to Subsections (7) and (8) shall be used only to pay for the training of the City's Peace Officers, and the City shall not retain more than one thousand five hundred dollars ($1,500.00) of such funds for each certified Law Enforcement Officer employed by the City. Any excess funds shall be transmitted quarterly to the General Revenue Fund of the City Treasury.
A fee of two dollars ($2.00) pursuant to Section 488.607, RSMo., shall be collected in all cases, except where the proceeding is dismissed by the Court or where the costs are to be paid by the City on behalf of an indigent defendant. Such costs shall be collected by the Court Administrator and disbursed by the City for the purpose of providing operating expenses for battered persons, as defined in Sections 455.200 to 455.230, RSMo.
A fee of two dollars ($2.00) pursuant to Section 488.5026, RSMo., shall be collected in all cases, except where the proceeding is dismissed by the Court, in order to develop and maintain biometric identification systems and for other prisoner expenses. All fees collected pursuant to this Subsection shall be transmitted monthly to the Treasurer of the City who shall deposit funds generated by the surcharge into the "Inmate Security Fund".
[Code 1975 §9.28; CC 1989 §14-19]
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 a fine on an installment basis under such terms and conditions as he/she may deem appropriate.
[Code 1975 §9.29; CC 1989 §14-20; Ord. No. 557, 1-8-1979]
Any person who willfully fails to appear in the City's Municipal Court in connection with a summons or notice issued to him/her to appear in the Municipal Court on a specified date shall be guilty of a violation of this Chapter.
[Ord. No. 3156 §1, 6-28-2006]
It is the intent of this Section that persons convicted of an offense or misdemeanor and committed to the St. Louis County Jail, or any subsequent provider of jail services on behalf of the City of Town and Country, shall pay for the cost of their incarceration.
The cost assessed to an inmate shall be the actual costs assessed against the City of Town and Country by the Correctional Facility. Said costs may consist of all reasonable costs of confinement calculated on a per diem basis or based on actual expenses, including without limitation, any necessary transportation related thereto, medical costs incurred while a person is incarcerated as set forth in Subsection (C).
Any and all medical expenses incurred by an inmate assessed against the City of Town and Country shall be imposed upon the incarcerated person receiving such medical treatment, including without limitation, medical expenses incurred in connection with medical and dental examination and treatment, over-the-counter and prescription medications, and hospitalization expenses, less any co-payment collected from the inmate at the time medical expenses were rendered or received.
The Prosecuting Attorney is hereby authorized to seek, levy and sell, by appropriate motion of the court having criminal jurisdiction, any property owned by the defendant to satisfy payment of the expenses imposed under this Section when it appears that the defendant has made no effort to reimburse the City of Town and Country for costs of the defendant's incarceration, including medical expenses, assessed against the City of Town and Country.
[Code 1975 §9.03; CC 1989 §14-36]
The Judge of the City's Municipal Court shall be known as a Municipal Judge of the 21st Judicial Circuit Court, and shall be appointed to his/her position by the Mayor, with the consent and approval of a majority of the members of the Board of Aldermen for a term as specified herein.
[Code 1975 §9.04; CC 1989 §14-37]
The Municipal Judge shall hold his/her office for a period of two (2) years and shall take office biennially on January first (1st). 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.
[Code 1975 §9.06(1) — (4), (6); CC 1989 §14-38]
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.
He/she need not reside within the City.
He/she must be a resident of the State.
He/she must be between the ages of twenty-one (21) and seventy-five (75) years.
He/she may not hold any other office within the City Government.
[Code 1975 §9.05; CC 1989 §14-39]
The Municipal Judge shall vacate his/her office under any of the following circumstances:
[Code 1975 §9.06(5), (7); CC 1989 §14-40]
[Code 1975 §9.10; CC 1989 §14-41]
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/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.
Commute the term of any sentence, 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. 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, or other ordinances of this City.
[Code 1975 §9.09; CC 1989 §14-42]
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 the 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.
[Code 1975 §9.23; CC 1989 §14-43]
A Municipal Judge shall be disqualified to hear any case in which he/she is anywise 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. 4129, 11-13-2017]
The office of Provisional Municipal Judge is hereby created, and the Mayor, with the consent and approval of a majority of the members of the Board of Aldermen, shall have the power to appoint a person or persons to that office who shall have the same qualifications, who shall have the same jurisdiction, and who shall have an appointment for the same term as provided for the Municipal Judge in Sections 135.210, 135.220 and 135.230 of the Code of Ordinances of this City.
If a Municipal Judge is absent, sick or disqualified from acting, the Provisional Municipal Judge may act as Municipal Judge until such absence or disqualification shall cease. The Presiding Judge of the Circuit Court may appoint any other Municipal Judge within the circuit to act as a special Municipal Judge for a Municipal Judge of the circuit who is absent, sick or disqualified from acting. The Presiding Judge shall act only upon request of the Mayor or the Board of Aldermen for a special Municipal Judge.
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.
Editor's Note: Ord. No. 4129 also changed the title of this Section from "Temporary Municipal Judge" to "Provisional Municipal Judge."