[1]
Editor's Note — As to certain violations concerning
an accused with special needs, §479.040, RSMo.
[R.O. 2008 §125.010; Code 1968 §23-1; CC 1988 §19-1]
There is hereby established in this City a Municipal Court to
be known as the "Louisiana Municipal Court, a Division of the 45th
Judicial Circuit Court (Pike County) of the State of Missouri." This
court is a continuation of the Police Court of the City as previously
established, and is termed "the Municipal Court."
[Ord. No. 15-2020, 12-14-2020]
A.
Election
To Transfer Municipal Court. The City Council of the City of Louisiana,
Missouri, hereby elects to have all violations of municipal ordinances
of the City heard and determined by an Associate Circuit Judge or
judges of the Circuit Court of Pike County, Missouri.
B.
Notification
To Presiding Judge And OSCA. The City Attorney is hereby directed
to notify the Pike County Circuit Court Presiding Judge, in accordance
with Section 479.040.2, RSMo., and the Office of States Court Administrator,
of the passage of this ordinance and of the Council's election to
transfer its Municipal Court to the Associate Circuit Division, and
to provide both with a copy of this ordinance.
C.
Implementation.
The City Administrator, City Clerk, City Attorney, City Prosecutor,
Municipal Judge, Municipal Court Clerk, and other appropriate officers
and employees of the City and the Municipal Court are authorized to
take such further actions as they may deem necessary to carry out
this ordinance. The Associate Circuit Court Judge or judges assigned
by the Presiding Judge to hear violations of City of Louisiana Municipal
Ordinances shall commence hearing and determining such violations
no later than six (6) months after the date the Presiding Judge is
notified of the passage of this ordinance, unless the Presiding Judge
consents to an earlier date.
[R.O. 2008 §125.020; Code 1968 §23-2; CC 1988 §19-2]
The jurisdiction of the Municipal Court shall extend to all
cases involving alleged violations of the ordinances of the City.
[R.O. 2008 §125.030; Code 1968 §23-7; CC 1988 §19-3]
The Municipal Court 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 the Municipal Court shall obey his/her directives.
[R.O. 2008 §125.040; Code 1968 §23-25; CC 1988
§19-4]
A.
The
duties of the Clerk of the Municipal Court shall be to:
1.
Collect such fines for violations of such offenses as may be described
and collect the court costs thereof;
2.
Take oaths and affirmations;
3.
Accept signed complaints and allow the complaints to be signed and
sworn to or affirmed before him/her;
4.
Sign and issue subpoenas requiring the attendance of witnesses and
sign and issue subpoenas duces tecum;
5.
Accept the appearance, waiver of trial and plea of guilty and payment
of fines and costs in Violations Bureau cases or as directed by the
Municipal Judge;
6.
Generally act as Violations Clerk of the Violations Bureau;
7.
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; and
8.
Maintain, properly certified by the City Clerk, a complete copy of
the ordinances of the City which shall constitute prima facie evidence
of such ordinance before the court and maintain a similar certified
copy on file with the Clerk serving the Circuit Court of this County.
[R.O. 2008 §125.050; Code 1968 §23-12; CC 1988
§19-5]
All warrants issued by a Municipal Judge shall be directed to
the Chief of Police, Chief of Police, any other Police Officer of
the City or to the Sheriff of the County. The warrant shall be executed
by the Marshal, Chief of Police, Police Officer or Sheriff any place
within the limits of the County and not elsewhere unless the warrant
is endorsed in the manner provided for warrants in criminal cases
and, when so endorsed, shall be served in other counties as provided
for warrants in criminal cases.
[R.O. 2008 §125.060; Code 1968 §23-13; CC 1988
§19-6]
The Chief of Police or any 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. 2008 §125.070; Code 1968 §23-15; CC 1988
§19-7; Ord. No. 25-2021, 9-27-2021]
The Prosecuting Attorney appointed by the City pursuant to Chapter 115 shall be the prosecutor for the Municipal Court. The compensation of such attorney shall not be contingent upon the result in any case and shall not be dependent in any way upon the number of cases tried, the number of guilty verdicts reached, or the amount of fines imposed or collected.
[R.O. 2008 §125.080; Code 1968 §23-14; CC 1988
§19-8]
Any person charged with a violation of a municipal ordinance
of the 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.
[R.O. 2008 §125.090; Code 1968 §23-16; CC 1988
§19-9]
It shall be the duty of the Municipal Judge to summon all persons
whose testimony may be deemed essential as witnesses at a 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. 2008 §125.100; Code 1968 §23-18; CC 1988
§19-10]
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 City shall
pay the board of such prisoner at the same rate as may be allowed
to such Sheriff for the keeping of the prisoner in his/her custody.
The rate of board shall be taxed as cost.
[R.O. 2008 §125.110; CC 1988 §19-11]
The Municipal Judge, upon committing any person to jail for
violation of any provisions of this Code or other ordinances of the
City, shall cause such person to be searched for the purpose of discovering
any money or property such person may have. If any money or property
is found, the Chief of Police shall take possession of it and, by
order of the Municipal Judge, such money or property may be applied
to the support of such person while in confinement and to the satisfaction
of any judgment for non-payment of fine and costs which may be against
him/her and because of which he/she is imprisoned.
[R.O. 2008 §125.111; Ord. No. 6684, 7-14-2003; Ord. No. 01-2020, 2-24-2020]
A.
It
shall be unlawful for any person to willfully fail to appear before
the Municipal Court as required upon an arrest and/or the issuance
of a summons and/or citation requiring a Court appearance on a date
and time certain, or upon an order of the Court for an individual
to reappear at a later date. It shall also be unlawful for the offender
to fail or refuse to pay fines and Court costs as ordered by the Court.
Upon a finding by the Court that the defendant has failed to appear
or pay as ordered, the individual shall be guilty of a misdemeanor
and shall be fined a sum not exceeding five hundred dollars ($500.00)
or imprisoned in the County or City Jail for not more than ninety
(90) days or both such fine and confinement, regardless of the disposition
of the charges on which he/she was originally arrested.
B.
In
the event that a warrant is issued for the failure to appear or pay,
the Court may impose a warrant fee of one hundred fifty dollars ($150.00)
in addition to any other fines imposed. Each time an individual fails
to appear or pay as ordered, it constitutes a separate offense under
this Section.
[R.O. 2008 §125.120]
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. 2008 §125.130; Code 1968 §23-20; CC 1988
§19-13]
A.
Except as provided in Subsection (B) hereof, the defendant shall have a right to a trial de novo, even from a plea of guilty, before a Circuit Judge or an Associate Circuit Judge. Such application for a trial de novo shall be filed within ten (10) days after the judgment and shall be in the form provided by Supreme Court rule.
B.
If
the Municipal Judge hearing the case is a licensed attorney, 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 rules.
[R.O. 2008 §125.150; Code 1968 §23-22; CC 1988
§19-15]
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 recognizance shall be deemed forfeited
and the Judge shall cause the breach of recognizance 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 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 City Treasury to the General Revenue Fund of the
City.
[R.O. 2008 §125.160]
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 the fine on an installment basis under such terms
and conditions as he/she may deem appropriate.
[R.O. 2008 §125.170; Code 1968 §23-26; CC 1988
§19-17; Ord. No. 6294 §1, 10-1-1984; Ord. No. 6479 §1, 11-14-1994; Ord. No. 6503 §§1 — 2, 9-9-1996; Ord. No. 13-2006, 9-11-2006; Ord. No. 09-2007 §1, 6-11-2007; Ord. No. 05-2010 §1, 4-15-2010]
A.
In
addition to any fine that may be imposed by the Judge, there shall
be assessed as costs in all cases the following:
1.
Costs of Court in the amount of fifteen dollars ($15.00).
[Ord. No. 15-2020, 12-14-2020]
2.
Police Officer training fee. A fee of three dollars
($3.00) is hereby established and assessed as additional Court costs
in each Court proceeding, except that no such fee shall be collected
when the proceedings against the defendant have been dismissed.
a.
Two dollars ($2.00) of each such Court cost shall be transmitted
monthly to the Treasurer of the City and used to pay for Police Officer
training as provided by Sections 590.100 to 590.180, RSMo. The City
shall not retain for training purposes more than one thousand five
hundred dollars ($1,500.00) of such funds for each certified Law Enforcement
Officer or candidate for certification employed by the City. Any excess
fund shall be transmitted quarterly to the City's General Fund.
b.
One dollar ($1.00) of each such Court cost shall be sent to the State
Treasury to the credit of the Peace Officers Standards and Training
Commission Fund created by Section 590.178, RSMo.
3.
A Crime Victims' Compensation Fund fee of seven dollars fifty cents
($7.50) in each proceeding filed for violation of a criminal law of
the State, including an infraction and violation of a Municipal or
County ordinance; except that no such fee shall be collected for violations
of any provision of Chapter 252, RSMo., or any rule or regulation
adopted under Chapter 252, RSMo., for any non-moving traffic violations,
except violations of weight limit and safety laws, and no such fee
shall be collected in any proceeding when the proceeding or the defendant
has been dismissed by the Court or when costs are to be paid by the
State, County or municipality on behalf of an indigent defendant.
4.
Actual costs assessed against the City by the Chief of Police and/or
County Sheriff for apprehension and/or confinement in the City and/or
County Jail.
5.
Mileage, in the same amount as provided to the Chief of Police and/or
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.
6.
The City Council hereby ordains that additional fees and costs
for the support of shelter or shelters for victims of domestic violence
be established, in addition to other court costs as set out in the
Code of City Ordinances, in every case, the Court may impose an addition
cost of four dollars ($4.00), which sum shall be collected and disbursed
for the purpose of providing for the operating expenses for shelters
of battered persons as defined in Section 488.607, RSMo.
[Ord. No. 01-2015 §1, 1-12-2015]
7.
Judicial Education Fund And Appointed Counsel Fund.
[Ord. No. 27-2018, 11-26-2018]
a.
The Judicial Education Fund and the Appointed Counsel Fund for the
Municipal Court for the City of Louisiana, Missouri, is hereby established
pursuant to Section 479.260.1, RSMo. The funds shall be maintained
pursuant to the provisions of said Statute.
b.
The Municipal Court Clerk is hereby authorized to retain one dollar
($1.00) out of court costs assessed for each case disposed of by the
Municipal Court, a Judicial Education Fund and an Appointed Counsel
Fund having been established by the Municipal Court. All of such funds
collected shall be deposited in separate accounts under the control
of the Municipal Court. All of the collected funds shall be allocated
to the Judicial Education Fund until such time as a balance of two
thousand dollars ($2,000.00) is reached. Thereafter, one-half (1/2)
of such funds collected shall be allocated to each of the two (2)
funds.
d.
The Appointed Counsel Fund shall be used only to pay the reasonable
fees approved by the Court for the appointment of an attorney to represent
any defendant found by the Judge to be indigent and unable to pay
for legal representation, and where the Supreme Court Rules or the
law prescribes such appointment.
e.
At such time as the Judicial Education Fund contains one thousand
five hundred dollars ($1,500.00) for each Judge, Administrator or
Clerk of the Municipal Court and the Appointed Counsel Fund contains
five thousand dollars ($5,000.00), the Municipal Court Clerk shall
cease collecting for said funds. Collection shall resume when the
balance of either fund falls below the prescribed amount.
8.
Reimbursement of certain costs of arrest.
a.
Upon a plea of guilty for a first (1st) offense of violating the
provisions of an ordinance of the City of Louisiana involving alcohol-
or drug-related traffic offenses, the Court may, in addition to imposition
of any penalties provided by law, order the convicted person to reimburse
the Police Department for the costs associated with such arrest.
b.
Such costs hereby authorized shall include the reasonable cost of
making the arrest, including the cost of any chemical test made as
authorized or required by law or ordinance 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.
c.
The Chief of Police shall establish a schedule of such costs hereby
authorized and shall submit the same to the Municipal Judge. Any defendant
found guilty shall reimburse all costs submitted by the Chief of Police
or authorized agents.
d.
Upon receipt of such additional costs authorized by this Subsection,
the City Treasurer shall retain such costs in a separate fund to be
known as the "DWI/Drug Offense Cost Reimbursement Fund". Monies with
such fund shall be appropriated by the City Council to the Police
Department in amounts equal to those costs so collected and shall
be used by such Department specifically to enhance and support the
enforcement and prosecution of alcohol- and drug-related traffic laws
within the City.
9.
Inmate Security Fund.
a.
Pursuant to Section 488.5026, RSMo., a surcharge of two dollars ($2.00)
shall be assessed as costs in each Court proceeding filed in Municipal
Court for the City of Louisiana in all criminal cases, including an
infraction and violation of any municipal ordinance of the City of
Louisiana, or any State charge prosecuted in the Municipal Court for
any violation of criminal or traffic cases; except that no such fee
shall be collected in any proceeding in the Court when the proceeding
or the defendant has been dismissed by the Court or when costs are
to be paid by the State, County or municipality.
b.
Notwithstanding any other provision of law, the monies collected
by the Clerks of the Municipal Court pursuant to the provisions of
Section (A) of this Section shall be collected and disbursed in accordance
with Sections 488.010 to 488.020, RSMo., and shall be payable to the
Treasurer of the City of Louisiana.
c.
The Treasurer shall deposit funds generated by the surcharge into
the "Inmate Prisoner Detainee Security Fund". Funds deposited shall
be utilized to acquire and develop biometric verification systems
and information sharing to ensure that inmates, prisoners, or detainees
in a holding cell facility or other detention facility or area which
hold persons detained only for a shorter period of time after arrest
or after being formally charged can be properly identified upon booking
and tracked within the local law enforcement administration system,
criminal justice administration system, or the local jail system.
Upon the installation of the information sharing or biometric verification
system, funds in the Inmate Prisoner Detainee Security Fund may also
be used for the maintenance, repair, and replacement of the information
sharing or biometric verification system, and also to pay for any
expenses related to detention, custody, and housing and other expenses
for inmates, prisoners, and detainees.
10.
State Court Automation Fund, seven dollars ($7.00).
[R.O. 2008 §125.180; Code 1968 §23-27; CC 1988
§19-18]
The costs of any action may be assessed against the prosecuting
witness and judgment may be rendered against him/her that he/she pay
the costs of any action and stand committed until such costs are paid
in any case where it appears to the satisfaction of the Municipal
Judge that the prosecution was commenced without probable cause and
from malicious motives.
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.
[R.O. 2008 §125.190; Code 1968 §23-11; CC 1988
§19-19]
Should the Municipal Judge determine that there shall be a Violations
Bureau, the City shall provide all expenses incident to the operation
of the Bureau. The City Clerk is hereby designated as the Violations
Clerk for such Bureau, if established.
