[1]
Editor's Note — As to certain violations concerning
an accused with special needs, §479.040, RSMo.
The City of Mound City, hereby elects to have all violations
of its municipal ordinances heard and determined by an Associate Circuit
Judge of the Circuit Court of Holt County, Missouri, the County in
which the City of Mound City is located.
The Division of the Circuit Court of Holt County, Missouri,
which hears and determines violations of the ordinances of the City
of Mound City shall be known as the "Municipal Division of the Circuit
Court of Holt County, Missouri".
The rules governing the procedure and practice in the Municipal
Court shall be those established and promulgated by the Supreme Court
of Missouri and such subsequent rules as the Supreme Court shall from
time to time establish and promulgate; and any provision in these
ordinances which shall be in conflict with such rules is hereby repealed.
The Judge may establish a Violations Bureau in the City of Mound
City, and shall establish such a Bureau when a request therefor is
made by the Board of Aldermen of the City of Mound City. The Violations
Bureau shall operate under the supervision of the Circuit Court, and
the Associate Circuit Judge hearing and determining violations of
the ordinances of the City of Mound City, 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 Violations
Bureau, including salaries of clerical personnel, shall be paid by
the City of Mound City. The City shall provide suitable quarters for
the Violations Bureau. The Violations Bureau shall accept pleas of
guilty to certain violations of traffic ordinances designated by the
Judge and shall accept payments of fines established by the Judge
and court costs assessed on said pleas of guilty.
In cases of violations of ordinances of the City submitted to,
heard and determined before the Judge, all fines shall be paid to
and deposited at least monthly into the City Treasury and all court
costs shall be accounted for and remitted to the State Treasury in
the same manner as provided by law for costs in misdemeanor cases.
The Supreme Court by administrative rule may provide for uniform
procedure and reporting forms for the collection and transmittal of
fines and costs. Until modified or otherwise provided by such administrative
rule, the Judge hearing and determining violations of City ordinances,
shall cause the Clerk of the Municipal 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 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 City, who shall
present the same before the Board of Aldermen at its first session
thereafter. The Official collecting fines, shall, within the ten (10)
days aforesaid, pay to the City Treasurer the full amount of all fines
collected by him/her during the preceding month if not previously
paid to the City Treasurer.
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 Rule governing practices
and procedures in proceedings before Municipal Judges.
All warrants issued by the Judge hearing violations of City
ordinances, shall be directed to the Chief of Police, or any other
Police Officer of the City, or to the Sheriff of Holt County. The
warrants shall be executed by the Chief of Police, Police Officer
or sheriff at any place within the limits of Holt 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.
A.
It
shall be the duty of the 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 the Judge it shall not be necessary
to summon any witnesses who may be present at the continuance; but
the Judge shall orally notify such witnesses as whether 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.
B.
Policeman Or Other Officer As Witness. If prosecutions before
the 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.
C.
Arresting Officers To Attend As Witnesses Without Summons. 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.
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 Judge hearing violations of City ordinances.
The City Attorney is hereby designated by the City to prosecute
the violations of the ordinances of the City before the Judge hearing
the violations of the ordinances of the City. The salary or fees of
the attorney and his/her necessary expenses incurred in such prosecutions
shall be paid by the City.
A.
Service On City. Notices and process arising in the Municipal
Court which are necessary to be served on the City shall be served
on the City Prosecutor.
B.
Affidavit By City. 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.
A.
Any
person charged with the violation of an ordinance of the City shall
be entitled to a trial by jury, as in prosecutions for misdemeanors
before an 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 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.
In any trial for the violation of an ordinance of the City,
all issues of fact shall be tried by the Judge except where trial
by jury is authorized by law and the defendant or his/her attorney
requests a trial by jury.
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 employee of a County, City, person,
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.
In any case tried before the 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 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. In any case tried with a jury before an Associate
Circuit Judge a record shall be made and appeals may be had upon that
record to the appropriate Appellate Court. The record shall be kept
in a manner provided by State law or Supreme Court Rule.
In case of a breach of any recognizance entered into before
the Judge hearing violations of the ordinances of the City, 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 of Mound City as plaintiff. Such action shall
be prosecuted before a Circuit Judge or Associate Circuit Judge. All
monies recovered in such action shall be paid over to the City Treasury
to the General Revenue Fund of the City.
In the trial of violations of the ordinances of the City, a
copy of a City ordinance which is certified by the Clerk of the City
shall constitute prima facie evidence of such ordinance. If such certified
copy is on file with the Clerk of the Municipal Division and readily
available for inspection by the parties, the Judge may take judicial
notice of such ordinance without further proof.
