[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:
1. 
Restitution to the victim or any dependent of the victim, in an amount to be determined by the Judge; and
2. 
The performance of a designated amount of free work for a public or charitable purpose, or purposes, as determined by the Judge.
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.
c. 
The Judicial Education Fund shall be used only to pay for:
(1) 
The continuing education and certification required of the Municipal Judges by law or Supreme Court Rule; and
(2) 
Judicial education and training for the Court Administrator and Clerks of the Municipal Court.
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.