[1]
Editor's Note: As to certain violations concerning
an accused with special needs, § 479.040, RSMo.
[R.O. 2017 § 125.010; Ord. No. 94-092001 § 1, 9-20-1994]
There is hereby established in the
City of Battlefield a Municipal Court to be known as the "Battlefield
Municipal Court, a Division of the 31st Judicial Circuit Court of
the State of Missouri." In the event a Police Court existed prior
to the establishment of a Municipal Court, this Court is a continuation
of the Police Court of the City as previously established and is termed
herein "the Municipal Court."
[R.O. 2017 § 125.020]
Violations of municipal ordinances
shall be heard and determined only before divisions of the Circuit
Court as hereinafter provided in this Chapter. "Heard and determined,"
for purposes of this Chapter, shall mean any process under which the
court in question retains the final authority to make factual determinations
pertaining to allegations of a municipal ordinance violation.
[R.O. 2017 § 125.030; Ord. No. 94-092001 § 1, 9-20-1994]
The Judge of the City's Municipal
Court shall be known as a "Municipal Judge of the 31st Judicial Circuit
Court" and shall be selected by appointment to the position by the
Mayor with approval of a majority of the members of the Board of Aldermen
for a term as specified herein.
[R.O. 2017 § 125.040]
The Municipal Judge shall hold his/her
office for a period of two (2) years. 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.
[R.O. 2017 § 125.050]
A.
The Municipal Judge shall vacate his/her
office under the following conditions:
[R.O. 2017 § 125.060]
A.
The Municipal Judge shall possess the following
qualifications before he/she shall take office:
1.
He/she must be a licensed attorney
qualified to practice law within the State of Missouri.
2.
He/she need not reside within the
City.
3.
He/she must be a resident of the
State of Missouri.
4.
He/she must be between the ages of
twenty-one (21) and seventy-five (75) years.
5.
He/she may serve as a Municipal Judge
for any other municipality.
6.
He/she may not hold any other office
within the City Government.
B.
The Municipal Judge shall be considered
holding a part-time position and as such may accept other employment.
C.
No Municipal Judge shall serve as a Municipal Judge in more than
five (5) municipalities at one (1) time. A Court that serves more
than one (1) municipality shall be treated as a single municipality
for the purposes of this Subsection.
[R.O. 2017 § 125.070]
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/her directives.
[R.O. 2017 § 125.080]
The Municipal Judge shall cause the
Court Clerk to prepare, within the first ten (10) days of every month,
a report indicating the following:
A list of all 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. The Court Clerk or
the Judge shall verify such lists and statements by affidavit and
shall file the same with the City Clerk who shall lay the same before
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 not previously
paid to the Municipal Treasurer.
[R.O. 2017 § 125.090]
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 Greene County.
The Municipal Judge shall deliver said docket, records and all books
and papers pertaining to his/her office to his/her successor in office
or to the Presiding Judge of the Circuit.
[R.O. 2017 § 125.100]
A.
The Municipal Judge shall be and is hereby
authorized to:
1.
Establish a 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/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.
3.
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.
4.
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.
B.
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.
[R.O. 2017 § 125.105; Ord. No. 95-013002 § 1, 1-3-1995]
In all matters that may come before
the Judge of the Municipal Court of the City of Battlefield, Missouri,
wherein the defendant is found guilty of a violation of a City ordinance,
the Municipal Judge is hereby authorized to suspend imposition of
sentence as he/she shall determine may be just and appropriate in
the matter.
[R.O. 2017 § 125.110]
The Municipal Judge for the City
of Battlefield shall be paid a sum as fixed by ordinance from time
to time.
[R.O. 2017 § 125.120]
A.
There shall be established a Violations
Bureau. The City shall provide all expenses incident to the operation
of the same.
1.
The said Bureau shall be located
in the City Hall of Battlefield, Missouri.
2.
The constituted Violations Bureau
Clerk shall be the Municipal Court Clerk of the Municipal Court of
Battlefield, Missouri.
3.
It shall be the function of said
Violations Clerk to accept appearances, waivers of trial, pleas of
guilty, and payment of fine and costs in traffic offenses subject
to the limitation hereinafter prescribed.
4.
The said Violations Clerk shall serve
under the direction and control of the Municipal Judge of Battlefield,
the Presiding Judge of the Circuit Court of the 31st Judicial Circuit,
and the said Municipal Court shall operate in accordance with the
rules of the State of Missouri governing practice and procedure in
Municipal Courts.
5.
Traffic offenses within the authority
of the Violations Clerk and the schedules of the amount of fines and
costs to be paid for first and second offenses shall be as hereafter
set out.
6.
Said designated offenses shall in
no event include the following traffic cases:
a.
Involving property damage or personal
injury.
b.
Operation of a motor vehicle while
under the influence of intoxicating liquor or drugs or permitting
another person under such influence to operate a motor vehicle owned
by the defendant or in his/her custody or control.
c.
Any second speeding offense in a
two-year period.
d.
Leaving the scene of an accident.
e.
Where the defendant has been arrested
and accused of creating a hazardous, aggravated or dangerous situation.
f.
Operating a motor vehicle with a
suspended or revoked license.
8.
All matters for which a plea of not
guilty is entered, whether before the Violations Bureau Clerk or the
Municipal Judge, shall be set for trial at the time and date as determined
by the Municipal Judge. All trials shall be held in the municipal
courtroom in the City Hall of Battlefield, Missouri.
9.
All fines and costs from the Violations
Bureau shall be paid to the Violations Bureau Clerk and deposited
by the said Violations Bureau Clerk not less frequently than monthly
into the Municipal Treasury.
10.
The said Violations Bureau Clerk,
within the first ten (10) days of every month, shall make out a list
of all cases handled in said Violations Bureau giving in each case
the name of the defendant, the fine imposed and the amount of costs.
Said list shall be furnished to the Board of Aldermen of the City
of Battlefield, Missouri, and a copy thereof forwarded to the Municipal
Judge.
11.
All expenses incident to the operations
of the Violations Bureau, including salaries of clerical personnel,
shall be paid by the municipality.
12.
Designated offenses and schedule
of fines and costs provided for in this Traffic Violations Bureau
order shall be as reflected on the schedule on file in the City offices
and shall be prominently posted in the City Hall of Battlefield, Missouri.
13.
Plea — Payment Of Fine And
Costs.
a.
Non-Moving Offenses. Within the time
stated on the summons, any person charged with a non-moving offense
may mail the amount of the fine and costs, if any, indicated on the
ticket for such violation, together with a signed plea of guilty and
waiver of trial, to the Violations Clerk or may pay the fine and costs
in person or by attorney without a signed plea of guilty or by any
member of his/her immediate family with defendant's signed plea of
guilty at such Violations Bureau.
b.
Other Offenses. Within the time stated
on the summons, any person charged with any traffic offense, other
than a non-moving offense, within the authority of the Violations
Clerk may appear by attorney with a signed plea of guilty or in person
or by any member of his/her immediate family before the Violations
Clerk with defendant's signed plea of guilty and waiver of trial,
pay the fine established for the offense charged and costs. Defendant,
if present, prior to such plea, waiver and payment, shall be informed
of his/her right to stand trial, that his/her signature to plea of
guilty will have the same force and effect as a judgment of the Court,
and that the record of conviction will be sent to the Director of
Revenue of the State or the appropriate office of the State from which
he/she received his/her driver's license.
c.
Procedure After Two (2) Convictions.
Any person who has twice been found guilty in any Court having jurisdiction
of traffic cases or who has signed a plea of guilty to two (2) previous
moving traffic offenses in the preceding two-year period or shall
have been charged with such offenses without either paying a satisfaction
fine or posting an appearance bond within the time required by law
or has forfeited bonds for such offenses shall not be permitted to
appear before the Violations Clerk but shall be required to appear
before the Municipal Judge on the third and subsequent offenses within
said preceding two-year period.
[R.O. 2017 § 125.130; Ord. No. 94-092001 § 12, 9-20-1994]
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 warrants
shall be executed by the Chief of Police, Police Officer or Sheriff
at 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.
[R.O. 2017 § 125.140]
The Chief of Police or other Police
Officer of the City shall, 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.
[R.O. 2017 § 125.150]
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
Court Judge. Whenever a defendant accused of a violation of a municipal
ordinance has a right to and demands such trial by jury, the Municipal
Court shall certify the case to the Presiding Judge of the Circuit
Court for reassignment.
[R.O. 2017 § 125.160]
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 or before any Circuit Judge hearing violations
of the City's ordinances. The salary or fees of the attorney and his/her
necessary expenses incurred in such prosecutions shall be paid by
the City. The compensation of such attorney shall not be contingent
upon the number of cases tried, the number of guilty verdicts reached,
or the amount of fines imposed or collected.
[R.O. 2017 § 125.170]
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 Court 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.
[R.O. 2017 § 125.180]
A.
If, in the progress of any trial before
the 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 Court Judge of the County.
B.
For purposes of this Section, any offense
involving the operation of a motor vehicle in an intoxicated condition
as defined in Section 577.001, RSMo., shall not be cognizable in Municipal
Court, if the defendant has been convicted, found guilty, or pled
guilty to two (2) or more previous intoxication-related traffic offenses
as defined in Section 577.001, RSMo., or has had two (2) or more previous
alcohol-related enforcement contacts as defined in Section 302.525,
RSMo.
[R.O. 2017 § 125.190]
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 by law to such
Sheriff for the keeping of other prisoners in his/her custody. The
same shall be taxed as cost.
[R.O. 2017 § 125.200]
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.
[R.O. 2017 § 125.210]
In any case tried before the Municipal
Judge, 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 Court Judge or upon assignment before an
Associate Circuit Court 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.
[R.O. 2017 § 125.230]
In the case of a breach of any recognizance
entered into before a Municipal Judge or an Associate Circuit Court
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 Court Judge or Associate Circuit Court 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
Municipal Treasury to the General Revenue Fund of the municipality.
[R.O. 2017 § 125.240]
A Municipal Judge shall be disqualified
to hear any case in which he/she 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.
[R.O. 2017 § 125.250]
If the Municipal Judge or Provisional
Judge be absent, sick or disqualified from acting pursuant to the
general administrative authority of the Presiding Judge of the Circuit
Court over the Municipal Divisions within the circuit contained in
Section 478.240, RSMo., a special Municipal Judge may be designated
in accordance with the provisions of Section 479.230, RSMo., until
such absence or disqualification shall cease.
[R.O. 2017 § 125.260]
A.
A person commits the offense of failure
to appear in Municipal Court if:
1.
He/she has been issued a summons
for a violation of any ordinance of the City of Battlefield and fails
to appear before the Judge of the Municipal Court at the time and
on the date on which he/she was summoned, or at the time or on the
date to which the case was continued;
2.
He/she has been released upon recognition
of bond and fails to appear before the Judge of the Municipal Court
at the time and on the date on which he/she was summoned, or at the
time or on the date to which the case was continued;
3.
He/she has been placed on Court supervised
probation and fails to appear before the Judge of the Municipal Court
at the time specified by said Judge as a condition of the probation.
B.
Nothing in this Section shall prevent the
exercise of the Municipal Court of its power to punish for contempt.
C.
No additional charge shall be issued for the failure to appear for
a minor traffic violation.
[R.O. 2017 § 125.265; Ord. No. 12-09 § 1, 7-17-2012]
A.
Search Warrant Defined — Who May
Issue, Execute.
1.
An administrative search warrant
is a written order of the Municipal Judge commanding the search or
inspection of any property, place or thing, and the seizure, photographing,
copying or recording of property or physical conditions found thereon
or therein, to determine or prove the existence of violations of any
ordinance or Code Section of the City relating to the use, condition
or occupancy of property or structures located within the City, or
to enforce the provisions of any such ordinance or Code Section.
2.
The Municipal Judge having original
and exclusive jurisdiction to determine violations of the ordinances
of the municipality may issue an administrative search warrant when:
a.
The property or place to be searched
or inspected or the thing to be seized is located with the City at
the time of the making of the application; and
b.
The owner or occupant of the property
or place to be searched or inspected or the thing to be seized has
refused to allow same after official request by the City.
3.
Any such warrant shall be directed
to the Chief of Police or any other Police Officer of the City and
shall be executed by the Chief of Police or said Police Officer within
the City limits and not elsewhere.
B.
Who May Apply For Warrant — Contents
Of Application.
1.
Any Police Officer or an attorney
of the City may make application to the Municipal Judge for the issuance
of an administrative search warrant.
2.
The application shall:
a.
Be in writing;
b.
State the time and date of the making
of the application;
c.
Identify the property or places to
be entered, searched, inspected or seized in sufficient detail and
particularity that the officer executing the warrant can readily ascertain
the same;
d.
State that the owner or occupant
of the property or places to be entered, searched, inspected or seized
has been requested by the City to allow such action and has refused
to allow such action;
e.
State facts sufficient to show probable cause for the issuance of a search warrant, as provided in Subsection (C)(1) hereof, to:
(1)
Search or inspect for
violations of an ordinance or Code Section specified in the application;
or
(2)
Show that entry or seizure
is authorized and necessary to enforce an ordinance or Code Section
specified in the application and that any required due process has
been afforded prior to the entry or seizure;
f.
Be verified by the oath or affirmative
of the applicant; and
g.
Be signed by the applicant and filed
in the Municipal Court.
3.
The application may be supplemented
by a written affidavit verified by oath or affirmation. Such affidavit
shall be considered in determining whether there is probable cause
for the issuance of a search warrant and in filling out any deficiencies
in the description of the property or place to be searched or inspected.
Oral testimony shall not be considered.
C.
Hearing And Procedure — Contents
Of Warrant — Execution And Return.
1.
Hearing And Procedure.
a.
The Municipal Judge shall hold a
non-adversary hearing to determine whether probable cause exists to
inspect or search for violations of any City ordinance or Code Section,
or to enforce any such ordinance or Code Section.
b.
In doing so, the Municipal Judge
shall determine whether the action to be taken by the City is reasonable
in light of the facts stated. The Municipal Judge shall consider the
goals of the ordinance or Code Section sought to be enforced and such
other factors as may be appropriate, including, but not limited to,
the physical condition of the specified property, the age and nature
of the property, the condition of the area in which the property is
located, the known violation of any relevant City ordinance or Code
Section, and the passage of time since the property's last inspection.
The standard for issuing a warrant need not be limited to actual knowledge
of an existing violation of a City ordinance or Code Section.
c.
If it appears from the application
and any supporting affidavit that there is probable cause to inspect
or search for violations of any City ordinance or Code Section, or
to enforce any such ordinance or Code Section, a search warrant shall
immediately be issued.
d.
The warrant shall issue in the form
of an original and two (2) copies, and the application, any supporting
affidavit and one (1) copy of the warrant as issued shall be retained
in the records of the Municipal Court.
2.
Contents Of Search Warrant. The search
warrant shall:
a.
Be in writing and in the name of
the City;
b.
Be directed to any Police Officer
in the City;
c.
State the time and date the warrant
was issued;
d.
Identify the property or places to
be searched, inspected or entered upon in sufficient detail and particularity
that the officer executing the warrant can readily ascertain it;
e.
Command that the described property
or places be searched or entered upon, and that any evidence of any
City ordinance violations found therein or thereon, or any property
seized pursuant thereto, or a description of such property seized
be returned, within ten (10) days after filing of the application,
to the Municipal Judge who issued the warrant, to be dealt with according
to law;
f.
Be signed by the Judge, with his/her
title of office indicated.
3.
Execution And Return. A search warrant
issued under this Section shall be executed only by a City Police
Officer; provided, however, that one (1) or more designated City Officials
may accompany the officer, and the warrant shall be executed in the
following manner:
a.
The warrant shall be executed by
conducting the search, inspection, entry or seizure as commanded and
shall be executed as soon as practicable and in a reasonable manner.
b.
The officer shall give the owner
or occupant of the property searched, inspected or entered upon a
copy of the warrant.
c.
Receipt to be given for seized property.
(1)
If any property is seized
incident to the search, the officer shall give the person from whose
possession it was taken, if the person is present, an itemized receipt
for the property taken. If no such person is present, the officer
shall leave the receipt and a copy of the warrant at the site of the
search in a conspicuous place.
(2)
A copy of the itemized
receipt of any property taken shall be delivered to an attorney for
the City within two (2) working days of the search.
(3)
The disposition of property
seized pursuant to a search warrant under this Section shall be in
accordance with an applicable City ordinance or Code Section, but
in the absence of same, then with Section 542.301, RSMo.
d.
The officer may summon as many persons
as he/she deems necessary to assist him/her in executing the warrant,
and such persons shall not be held liable as a result of any illegality
of the search and seizure.
e.
An officer making a search pursuant
to an invalid warrant, the invalidity of which is not apparent on
its face, may use such force as he/she would be justified in using
if the warrant were valid.
f.
A search warrant shall expire if
it is not executed, and the required return made, within ten (10)
days after the date of the making of the application.
g.
After execution of the search warrant,
the warrant, with a return thereon signed by the officer making the
search, shall be delivered to the Municipal Court.
h.
The return shall show the date and
manner of execution and the name of the possessor and of the owner,
when not the same person, if known, of the property or places searched
or seized.
i.
The return shall be accompanied by
any photographs, copies, or recordings made and by any property seized,
along with a copy of the itemized receipt of such property required
by this Section; provided, however, that seized property may be disposed
of as provided herein, and in such a case a description of the property
seized shall accompany the return.
j.
The court clerk, upon request, shall
deliver a copy of the return to the possessor and the owner, when
not the same person, of the property searched or seized.
D.
Warrant Invalid, When. A search warrant
shall be deemed invalid:
1.
If it was not issued by the Municipal
Judge;
2.
If it was issued without a written
application having been filed and verified;
3.
If it was issued without sufficient probable cause in light of the goals of the ordinance to be enforced and such other factors as provided in Subsection (C)(1)(b) hereof;
4.
It was not issued with respect to
property or places in the City;
5.
If it does not describe the property
or places to be searched, inspected, entered upon or seized with sufficient
certainty;
6.
If it is not signed by the Judge
who issued it; or
7.
If it was not executed, and the required
return made, within ten (10) days after the date of the making of
the application.
