[CC 1979 §17-31; Ord. No. 78-044 §13, 12-4-1978]
All warrants issued by a Municipal Judge shall be directed to
the Chief of Police, 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.
[CC 1979 §17-32; Ord. No. 78-044 §14, 12-4-1978; Ord. No. 84-088 §1, 8-20-1984]
The Chief of Police or other Police Officer of the City may,
without warrant, make arrest of any person who commits an offense
in his/her presence or make arrest of any person based upon probable
cause to believe that the person has violated an ordinance, which
probable violation was not committed in the officer's presence. The
arresting officer shall, before trial, file a written complaint with
the Municipal Court for the City.
[CC 1979 §17-33; Ord. No. 78-044 §15, 12-4-1978]
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 Court for reassignment.
[CC 1979 §17-34; Ord. No. 78-044 §17, 12-4-1978]
A.
It
shall be the duty of the Municipal Judge to summon all persons, when
requested by any party, whose testimony may be deemed to be 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/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.
[CC 1979 §17-35; Ord. No. 78-044 §18, 12-4-1978]
If, in the progress of any trial before a Municipal Judge, it
shall appear to the Judge that the accused ought to be put on 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.
If the City has no suitable and safe place of confinement, the
defendant may be committed to the County Jail by the Municipal 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 Municipal 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/her
custody.
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.
[CC 1979 §17-38; Ord. No. 78-044 §21, 12-4-1978]
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 an 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.
[CC 1979 §17-39; Ord. No. 78-044 §23, 12-4-1978]
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 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
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.
[CC 1979 §17-39.1; Ord. No. 79-039 §1, 11-19-1979]
In addition to the forfeiture of any security which was given or pledged for his/her release pursuant to Section 130.230 hereof, any person who, having been released pursuant to said Section or upon a recognizance or bond pursuant to any other provision of law, fails to appear before the Municipal Court as required shall be guilty of an ordinance violation and punished in the manner provided in Section 100.100 of this Code. Nothing herein shall prevent the exercise by the Municipal Court of its power to punish for contempt.
[CC 1979 §17-40; Ord. No. 78-044 §24, 12-4-1978]
A Municipal Judge shall be disqualified to hear any case in
which he/she is in anywise interested or, if before the trial is commenced,
the defendant or the prosecutor files an application in writing 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) application in writing or disqualification in the
same case. The application must be filed no more than ten (10) days
after the initial plea is entered.
[CC 1979 §17-41; Ord. No. 78-044 §22, 12-4-1978]
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. The costs of this record
of proceedings shall be taxed as costs in the matter.
[CC 1979 §17-42; Ord. No. 78-044 §29, 12-4-1978]
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 a fine on an installment basis under such terms
and conditions as he/she may deem appropriate.
[CC 1979 §17-43; Ord. No. 78-044 §27, 12-4-1978; Ord. No. 82-019 §1, 9-20-1982; Ord. No. 88-356 §1, 9-6-1988; Ord. No. 93-705 §1, 11-15-1993; Ord. No. 94-762 §1, 9-19-1994; Ord. No. 95-834 §§1 — 2, 11-6-1995; Ord. No. 95-839 §1, 11-20-1995; Ord. No. 96-908 §1, 12-16-1996; Ord. No. 99-1129 §1, 7-19-1999; Ord. No. 18-2233, 9-17-2018]
A.
In
addition to any fine that may be imposed by the Municipal Judge, or
where the accused has been found guilty, but no fine has been assessed,
there may be assessed as costs and surcharges, and judgments entered,
the following:
1.
Costs of Court in the amount of twelve dollars ($12.00).
2.
In all cases, a surcharge of two dollars ($2.00) shall be collected
for the training of Police Officers as provided by law.
3.
Other costs, such as service costs and witness fees, in the same
amounts as a subpoena as provided before the Associate Circuit Judge
in criminal prosecutions.
4.
A fee of seven dollars ($7.00) shall be assessed, collected, and
set aside for the Statewide Court Automation Fund, with all such amounts
collected transmitted monthly to the Missouri Director of Revenue
to the credit of the Missouri Statewide Court Automation Fund.
5.
Actual costs assessed against the City by the County Sheriff or other
law enforcement agency for apprehension or confinement in a jail.
6.
Mileage, in the same amount as provided to the Sheriff in criminal
violations, for each mile and fraction thereof the officer must travel
(in both directions) in order to serve any warrant or commitment or
order of this Court.
8.
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 (A)(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:
9.
A surcharge relating to the Peace Officer Standards and Training Commission Fund in the amount of one dollar ($1.00), in all cases except for: 1) any proceeding in the Municipal Court when the proceeding or defendant has been dismissed by the Court, or 2) when costs are to be paid by the City. The surcharge assessed and collected under this Subsection (A)(9) shall be transmitted by the Director of Finance or his/her designee to the State Treasury for the State of Missouri to the credit of the Peace Officer Standards and Training Commission Fund.
10.
A surcharge relating to the funding of St. Louis County's shelter for battered persons, in the amount of two dollars ($2.00) in each case. The surcharge assessed and collected under this Subsection (A)(10) shall be transmitted by the Director of Finance or his/her designee, at least monthly, to the Director of Revenue for St. Louis County, or such other person so designated by St. Louis County, to be credited to the fund established by St. Louis County for the operation of a shelter for battered persons. No surcharge assessed herein shall be collected in any proceeding when the proceeding or defendant has been dismissed by the Court or when the costs are to be paid by the City.
11.
A Judicial Education Fund in an account under the control of the
Municipal Court to retain one dollar ($1.00) of the fees collected
is hereby established on each case and to use the fund only to pay
for:
a.
The continuing education and certification required of the Municipal
Judges by law or Supreme Court Rule; and
b.
Judicial education and training for Court Administrator and Clerks
of the Municipal Court.
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Provided, further, that no Municipal Court shall retain more
than one thousand five hundred dollars ($1,500.00) in this fund for
each Judge, Administrator or Clerk of the Municipal Court. Any excess
funds shall be transmitted quarterly to the general revenue fund of
the City Treasury.
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[CC 1979 §17-44; Ord. No. 78-044 §28, 12-4-1978]
The costs of any action may be assessed against the prosecuting
witness and judgment be rendered against him/her, that he/she pay
the same and may be held in custody until paid, in any case where
it appears to the satisfaction of the Municipal Judge that prosecution
was commenced with probable cause as determined by the Prosecuting
Attorney of the City but later determined, through the fault of the
prosecuting witness, that no probable cause existed and that the complaint
was issued for malicious motives.
[CC 1979 §17-45; Ord. No. 92-652 §1, 12-7-1992]
Upon a plea of guilty or a finding of guilty for a first (1st) offense of violating Sections 342.020, 342.030 or 342.070 of the Code of Ordinances of the City of Manchester, the Municipal Court for the City may, in addition to imposition of any penalties provided by law, order the convicted person to reimburse the law enforcement agency which made the arrest for the costs associated with such arrest. Such costs shall include the reasonable cost of making the arrest, including the cost of any chemical test made under such above-referenced Sections 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. The law enforcement agency may establish a schedule of such costs, however, the Court may order the costs reduced if it determines that the costs are excessive.
