Editor's Note — As to certain violations concerning an
accused with special needs, §479.040, RSMo.
[R.O. 2006 §130.005; Ord. No. 821 §§1 — 3, 3-17-1997]
A.
There
shall be two (2) divisions established for the Municipal Court of
the City of Troy, those being denominated as Division I and Division
II.
B.
The selection, tenure and compensation of said Judges shall be pursuant to Section 130.020 of the Troy Municipal Code.
C.
The
Judge in each division shall have all the rights, duties and authorities
of Municipal Judges as established by the Troy Municipal Code and
applicable State and Federal law.
[R.O. 2006 §130.010; Ord. No. 642 §7.005, 5-5-1980]
For the purposes of this Chapter, the following terms shall
be deemed to have the meanings indicated below:
The Board of Aldermen of the City of Troy, Missouri.
The City of Troy, Missouri.
A Division of the Circuit Court of the Circuit in which the
City is located, served by a Municipal Judge selected by the Board
of Aldermen pursuant to the requirements of the Ordinances of the
City of Troy, Missouri, to have original jurisdiction, to hear and
determine all violations against the ordinances of the municipality.
Whenever used in this Chapter shall mean the person selected
by the Board of Aldermen pursuant to the requirements of the Ordinances
of the City of Troy, Missouri, to serve as Judge of the Municipal
Division of the Circuit Court.
[R.O. 2006 §130.020; Ord. No. 642 §7.010, 5-5-1980; Ord. No. 741, 7-20-1992]
The Municipal Judge shall be selected by the Board, a majority
vote of all members being required for his/her election. Selection
shall be made for a term of two (2) years, and he/she shall serve
until his/her successor is selected and qualified. The Municipal Judge
should be at least twenty-five (25) years of age, and is licensed
to practice law in the State of Missouri, and no person shall serve
as Municipal Judge after he/she has reached his/her seventy-fifth
(75th) birthday. The Municipal Judge shall not hold any other office
in the City.
[R.O. 2006 §130.030; Ord. No. 642 §7.015, 5-5-1980]
The Municipal Judge may be removed from office for cause in
the manner provided for removal by the City.
[R.O. 2006 §130.040; Ord. No. 642 §7.025, 5-5-1980]
The Judge of the Municipal Division of the City of Troy shall
have original jurisdiction to hear and determine all violations against
the ordinances of the City. There shall be no change of venue or other
transfer of cases to other Divisions except as provided by the laws
of the State of Missouri. This Chapter shall in no way be construed
to remove or limit defendant's right to trial by jury.
[R.O. 2006 §130.050; Ord. No. 642 §7.030, 5-5-1980]
A Municipal Judge shall be disqualified to hear any case in
which he/she is in anyway 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. 2006 §130.060; Ord. No. 642 §7.035, 5-5-1980]
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 proceeding therein and he/she shall keep such
other records as required. Such docket 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/her office
to his/her successor in office or to the Presiding Judge of the Circuit.
The Municipal Judge shall have the power to administer oaths and enforce
due obedience to all orders, rules and judgments made by him/her,
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.
[R.O. 2006 §130.070; Ord. No. 642 §7.040, 5-5-1980]
The Board of Aldermen shall, by resolution, designate the place
in which the Municipal Court shall sit, and shall provide a suitable
courtroom in which the Municipal Court shall be held.
[R.O. 2006 §130.080; Ord. No. 642 §7.045, 5-5-1980]
The Municipal Court shall be open provided, however, that the
Municipal Judge shall have the authority to cancel Municipal Court
for a date certain by giving proper notice to the court personnel,
the City Prosecutor, and heads of departments of the City, when he/she
determines that the judicial business on the said date will be light,
and rescheduling cases will create no hardship on any party.
[R.O. 2006 §130.090; Ord. No. 642 §7.050, 5-5-1980]
It shall be the duty of an attorney designated by the City to
prosecute the violations of the municipality's ordinances before the
Municipal Judge. The salary or fees of the Attorney and his/her necessary
expenses incurred in such prosecutions shall be paid by the municipality.
[R.O. 2006 §130.100; Ord. No. 642 §7.055, 5-5-1980]
All prosecutions for the violation of municipal 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.
[R.O. 2006 §130.110; Ord. No. 642 §7.060, 5-5-1980]
The Chief of Police or other Police Officer of the City shall,
without a warrant, make arrests of any person who commits an offense
in his/her presence, but such officer shall, before the trial, file
a written complaint with the Municipal Judge.
[R.O. 2006 §130.120; Ord. No. 642 §7.065, 5-5-1980]
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. 2006 §130.140; Ord. No. 642 §7.080, 5-5-1980]
A.
Any
person charged with the violation of a municipal ordinance shall be
entitled to a trial by jury, as in prosecutions for misdemeanors before
an Associate Circuit Judge.
B.
Whenever
a defendant accused of a violation of a municipal ordinance has the
right to a trial by jury and demands such trial by jury, the Municipal
Judge shall certify the case to the Presiding Judge of the Circuit
Court serving the City for assignment in the manner provided by State
law. Proceedings in the case shall be had as if the case was originally
commenced under the practice and procedure applicable before Circuit
Judges with there being no right of trial de novo; but the sufficiency
of plaintiff's petition shall be adjudged according to the procedures
under Chapter 517, RSMo.
[R.O. 2006 §130.150; Ord. No. 642 §7.085, 5-5-1980]
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.
[R.O. 2006 §130.160; Ord. No. 642 §7.090, 5-5-1980]
In prosecutions before the Municipal Judge for misdemeanors
arising under ordinances of the City, any Policeman or other executive
officer shall be a competent witness in the case; but no such Policeman
or executive officer shall be entitled to any witness fee in such
case.
[R.O. 2006 §130.170; Ord. No. 642 §7.095, 5-5-1980]
Officers shall attend upon notice as witnesses against persons
whom they have caused to be arrested, without being summoned to do
so; and, upon their failure to appear at the time of the trial, may
be attached and punished for contempt as witnesses summoned.
[R.O. 2006 §130.180; Ord. No. 642 §7.100, 5-5-1980]
Notices and process arising in the Municipal Court which are
necessary to be served on the City shall be served on the City Prosecutor.
[R.O. 2006 §130.190; Ord. No. 642 §7.105, 5-5-1980]
Whenever any affidavit shall become necessary to be made on
the part of the City, the City Prosecutor shall cause the same to
be made by some person to whom the facts are known.
[R.O. 2006 §130.200; Ord. No. 642 §7.110, 5-5-1980]
In the trial of municipal ordinance violation cases, a copy
of a municipal ordinance which is certified by the Clerk of the municipality
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.
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. 2006 §130.220; Ord. No. 642 §7.120, 5-5-1980; Ord. No. 660, 7-20-1981; Ord. No. 810 §§1 — 2, 12-16-1996; Ord. No. 820 §1, 3-17-1997; Ord. No. 860 §1, 7-19-1999; Ord. No. 865, 12-20-1999; Ord. No. 878, 4-16-2001; Ord. No. 892, 9-17-2001; Ord. No. 984, 4-18-2005; Ord. No. 1242, 6-19-2017; Ord. No. 1296, 1-20-2021]
A.
In
all cases where a conviction is had which is brought before the Judge
of the Municipal Court for violation of any of the ordinances of the
City, the following costs shall be taxed:
[Ord. No. 1303, 7-19-2021]
1.
Court costs: $12.00;
2.
Costs for the training of Police Officers: $2.00;
3.
Costs for training Law Enforcement Officers, the Peace Officers Standards
and Training Commission Fund: $1.00;
4.
Crime Victims Compensation Fund: $7.50;
5.
State Court Automation Fund, pursuant to Section 488.012.3(5) and
488.027.2, RSMo.: $7.00;
6.
Surcharge for shelters for victims of domestic violence per Section
488.607, RSMo.: $2.00;
7.
Witness fees per Section 491.280.1, 33.095, 488.035, RSMo.;
8.
Alcohol- Or Drug-Related Traffic Offenses. The Court may, in addition
to imposition of any penalties provided by law, order the person to
reimburse the Police Department for the costs associated with such
arrest; such costs shall include the reasonable costs of making arrest,
and including the costs of any chemical tests to determine the alcohol
or blood content of the person's blood, and the costs of processing,
charging, booking and holding such person in custody. The Police Department
may establish a schedule of such costs, however, the Court may order
the costs reduced if it determines the costs are excessive; and
9.
If the defendant is charged and found guilty of an offense where
a victim has incurred medical expenses or property damage as a result
of the acts of the defendant, then the Court may order the defendant
to make restitution to the victim or victims in an amount as specified
by the Court.
B.
In
most Court cases, the standard Court costs as detailed above shall
be thirty-one dollars fifty cents ($31.50). The Judge may waive assessment
of the costs in those cases where the defendant is found by the Judge
to be indigent and unable to pay the costs.
[Ord. No. 1303, 7-19-2021]
C.
The
Court shall not order costs under the following circumstances:
D.
In
all cases where a conviction is had, the cost accruing in each case
shall, to the extent allowable by law, be taxed against the defendant
and shall be collected along with the judgment and fine assessed by
the Court. Such costs collected shall be deposited by the Court Clerk
as provided by law or Supreme Court Rule.
[R.O. 2006 §130.230; Ord. No. 642 §7.125, 5-5-1980]
If the defendant is acquitted, the informant may be adjudged
to pay the costs, if it appears to the satisfaction of the Court that
the prosecution was instituted vexatiously or without probable cause.
[R.O. 2006 §130.240; Ord. No. 642 §7.130, 5-5-1980]
The City Attorney may, when he/she is not satisfied that the
information is made for the purpose of public justice, or that the
evidence is sufficient to obtain the conviction of the accused, require
the prosecuting witness to deposit with the Municipal Court a sufficient
amount of money for the payment of all costs that may accrue, or else,
give bond and security for costs; and in such case, if the accused
be acquitted, the Court shall render judgment against such prosecuting
witness for costs.
[R.O. 2006 §130.250; Ord. No. 642 §7.135, 5-5-1980]
In case of a breach of any recognizance entered into before
a 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 municipality as plaintiff. Such
action 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.
[R.O. 2006 §130.260; Ord. No. 642 §7.140, 5-5-1980]
In any case tried before the Municipal Judge, except where there
has been a plea of guilty or the case has been tried with a jury,
the defendant shall have a right to 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.
[R.O. 2006 §130.270]
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. 2006 §130.280; Ord. No. 642 §7.150, 5-5-1980]
When a fine is assessed for violation of any 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/she may deem appropriate.
[R.O. 2006 §130.290; Ord. No. 642 §7.155, 5-5-1980; Ord. No. 949, 12-15-2003]
A.
It
shall be unlawful for any person charged with an offense in the Troy
Municipal Division of the Circuit Court of Lincoln County to willfully
fail to appear before such Court as required.
B.
It
shall be unlawful for any person who has been convicted, plead guilty
to, or been found guilty of any offense in the Troy Municipal Division
of the Circuit Court of Lincoln County and has been sentenced to pay
any fine, court costs or restitution to fail to pay such fine, court
costs or restitution as required by the Court.
C.
Any
person violating any provision of this Section shall, upon conviction
thereof, be deemed guilty of a misdemeanor and subject to a fine not
exceeding five hundred dollars ($500.00). The penalties imposed hereunder
shall be in addition to any penalties imposed upon conviction of any
other offense and the imposition of a penalty for violation of this
Section shall not in any manner diminish the contempt powers of the
Court.
[R.O. 2006 §130.300; Ord. No. 642 §7.160, 5-5-1980]
Until modified or otherwise provided by administrative rule
of the Supreme Court, the Municipal Judge, or Associate Circuit Judge
hearing and determining violations of municipal ordinances, shall
cause the Clerk serving his/her 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 Clerk of the municipality, who
shall lay the same before the Governing Body of the municipality at
its first session thereafter. The official collecting fines shall,
within the ten (10) days aforesaid, pay to the Municipal Treasurer
the full amount of all fines collected by him/her during the preceding
month if not previously paid to the Municipal Treasurer.
[R.O. 2006 §130.310; Ord. No. 642 §7.165, 5-5-1980]
[R.O. 2006 §130.320; Ord. No. 642 §7.170, 5-5-1980]
In all cases where any person is in the charge of or in the
custody of the Chief of Police or members of the Police Department,
either before or after trial, such person shall be kept and held at
the County Jail or at such other place as the Chief of Police may
designate, except as otherwise provided by law or ordinance.
[R.O. 2006 §130.330; Ord. No. 747 §1, 2-16-1993]
B.
Such
costs shall include the reasonable cost of making the arrest, including
the cost of any chemical tests to determine the alcohol or drug content
of the person's blood, and the cost of processing, charging, booking
and holding such person in custody.
C.
Law
enforcement authorities may establish a schedule of such costs for
submission to the Court; however, the Court may order the costs reduced
if it determines that the schedule of costs is excessive given the
circumstances of the case or for good cause shown.
D.
These
fees shall be calculated as additional costs by Municipal Court and
shall be collected by the Court in the same manner as other costs
and fees are collected and remitted to the City Treasurer.
E.
The
City Treasurer shall retain these fees in a separate fund known as
the "DWI/Drug Enforcement Fund". Monies within the
DWI/Drug Enforcement Fund shall be appropriated by the Board of Aldermen
to law enforcement authorities from such fund in amounts equal to
those costs so incurred and shall be specifically used to enhance
and support the enforcement and prosecution of alcohol and drug-related
traffic laws within the City, and drug and alcohol education.
[R.O. 2006 §130.340; CC 1980 §320.560; Ord. No. 667 §2, 9-20-1982]
The Municipal Court may, in connection with the disposition
of any offense which is a "point offense" resulting in the assessment
of 1, 2, 3, or 4 points by the State Director of Revenue under the
provisions of Section 302.302 (1), (2), or (4), RSMo., order the staying
of the assessment of points upon satisfactory completion of a driver
improvement program approved by the State Director of the Department
of Public Safety, as provided by Section 302.302.4, RSMo.
Notwithstanding any provision of law, Supreme Court Rule, or
Court Operating Rule, in a proceeding for a municipal ordinance violation
or any other proceeding before a Municipal Court if the charge carries
the possibility of fifteen (15) days or more in jail or confinement,
a defendant shall not be charged any fee for obtaining a police report,
probable cause statement, or any video relevant to the traffic stop
or arrest. Such police report, probable cause statement, or video
shall be provided by the prosecutor upon written request by the defendant
for discovery.
