City of Creve Coeur, MO
St. Louis County
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Table of Contents
Table of Contents
Charter Reference — Municipal court, §§7.1 — 7.4.
Cross References — General penalty for code violations, §100.090; administration generally, ch. 110; department of law, §§120.070 et seq.; emergency management, ch. 225; motor vehicles and traffic, Title III; offenses, ch. 210; police, ch. 200.
State Law Reference — Municipal courts, ch. 479, RSMo.
[R.O. 2008 §17-1; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
Pursuant to Chapter 479, RSMo., there shall be in this City a Municipal Court, to be known as the "Creve Coeur Municipal Court, a division of the 21st Judicial Circuit Court of the State of Missouri." This Court is a continuation of the Police Court of the City as previously established and is termed herein the "Municipal Court."
[R.O. 2008 §17-12; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
The jurisdiction of the Municipal Court shall extend to all cases involving alleged violations of the ordinances of the City.
[1]
State Law Reference — Similar provisions, § 479.020(1), RSMo.
[R.O. 2008 §17-3; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
The Municipal Court of the City shall be subject to the rules of the Circuit Court of St. Louis County and to the rules of the Missouri Supreme Court. The Municipal Court shall be subject to the general administrative authority of the Presiding Judge of the Circuit Court, and the Municipal Judge and the Court personnel of such Court shall obey his/her directives.
[1]
State Law Reference — Similar provisions, § 479.020(5), RSMo.
[R.O. 2008 §17-4; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
A. 
The City Administrator shall designate a suitable and qualified person to serve as the Administrator of the Municipal Court with such assistants as may be needed from time to time. The duties of the Court Administrator shall include the following:
1. 
Supervise the personnel and overall operation of the Municipal Court.
2. 
Collect such fines for violations of such offenses as may be prescribed and the Court costs thereof.
3. 
Take oaths and affirmations regarding Municipal Court proceedings.
4. 
Accept signed complaints and allow the same to be signed and sworn to or affirmed before them.
5. 
Sign and issue subpoenas requiring the attendance of witnesses and sign and issue subpoenas duces tecum.
6. 
Accept the appearance, waiver of trial and plea of guilty and payment of fine and costs in Violations Bureau cases or as directed by the Municipal Judge and perform all other duties as provided by this Chapter 135 and by Chapter 479, RSMo.
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.
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 ordinances before the Court and, further, on request shall provide a similar certified copy for filing with the Clerk serving the Circuit Court of St. Louis County.
[1]
State Law References — Municipality to provide, by ordinance, for clerk, § 479.060(1), RSMo., see § 479.250.
[R.O. 2008 §17-5; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
The Chief of Police or his/her designees shall serve as Marshal and Deputy Marshals, respectively, of the Municipal Court and shall enforce its orders, judgments and decrees.
[1]
Editor's Note: Former Section 135.060, Continuances and Dismissals, Section 135.070, Violations Bureau, and Section 135.075, When Person Charged May Appear at Violations Bureau or Before Municipal Judge, were repealed 9-23-2019 by Ord. No. 5664.
[R.O. 2008 §17-8; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
There shall be a session of the Municipal Court on such days as determined by the Municipal Judge, and all cases set for each day shall be tried on such day at an hour fixed by the Municipal Judge, unless continued on application to or on motion of the Municipal Judge.
[R.O. 2008 §17-9; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
All decisions of the Municipal Judge and all matters before the Municipal Court shall be governed by the procedural and substantive law of the Revised Statutes of Missouri, Supreme Court Rule 37, the ordinances of the City and case law applicable to Missouri Municipal Courts.
[1]
Editor's Note: Former Section 135.100, Issuance and Execution of Arrest Warrants, was repealed 9-23-2019 by Ord. No. 5664.
[1]
Editor's Note: Former Section 135.110, List of Persons in Custody to be Furnished Court — Trial, enacted by R.O. 2008 § 17-11 and 5-27-2008 by § 1 of Ord. No. 5041, was repealed 8-10-2015 by § 1 of Ord. No. 5433.
[1]
Editor's Note: Former Section 135.115, Records and Reports of Convictions, Section 135.120, Release and Bail, and Section 135.130, Arrests Without Warrants, were repealed 9-23-2019 by Ord. No. 5664.
[R.O. 2008 §17-14; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5075 §3, 2-9-2009; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
To the extent required by City of Kansas City v. Darby, 544 S.W.2d (Mo. banc 1976) and subsequent cases, any person charged with a violation of a municipal ordinance of this City involving obscenity 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 involving obscenity timely demands trial by jury, the Municipal Court shall certify the case to the Presiding Judge of the Circuit Court for reassignment, as provided by applicable Court Rule and Section 479.150, RSMo.
[1]
State Law Reference — Similar provisions, § 479.130, RSMo., Rule 37.61
[R.O. 2008 §17-15; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
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 or Associate Circuit Judge hearing violations of the City's ordinances. The salary or fees of the attorney and necessary expenses incurred in such prosecutions shall be paid by the City. The compensation of such attorney shall not be contingent upon the result in any case.
[1]
State Law Reference — Similar provisions, § 479.120, RSMo.
[1]
Editor's Note: Former Section 135.160, Summoning of Witnesses, was repealed 9-23-2019 by Ord. No. 5664.
[1]
Editor's Note: Former Section 135.180, Transfer of Complaint to Circuit or Associate Circuit Judge, Section 135.190, Judgment, Section 135.200, Jailing of Defendants, Section 135.210, Parole and Probation, Section 135.220, Right of Appeal, Section 135.225, Failure To Appear — Driver's License Renewal/Suspension, Section 135.230, Breach of Recognizance, were repealed 9-23-2019 by Ord. No. 5664.
[R.O. 2008 §17-24; Ord. No. 5079 §1, 3-23-2009; Ord. No. 5264 §3, 8-27-2012; Ord No. 5315 §1, 8-12-2013; Ord. No. 5404 §1, 11-24-2014;Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016; Ord. No. 5606, 9-11-2018]
A. 
In addition to any fine that may be lawfully imposed by the Municipal Judge, there shall be assessed as costs in all cases, except cases in which charges of a "minor traffic violation" or "municipal ordinance violation" as defined in Section 479.350, RSMo., are dismissed and cases in which the Municipal Court finds the defendant to be indigent pursuant to applicable standards, and except for fees which pursuant to Section 488.027, RSMo., shall not be collected upon dismissal or waiver, the following:
1. 
Costs of Court in the amount of twelve dollars ($12.00) pursuant to Section 488.012, RSMo., and Supreme Court Operating Rule 21.01(a)(5).
2. 
Actual costs assessed against the City by the County Director of Justice Services for apprehension or confinement in the County Jail pursuant to Section 221.070, RSMo.
3. 
In addition to any other costs of Court pursuant to Section 488.5336, RSMo., an assessment of two dollars ($2.00) on all ordinance violations (including infractions, moving and non-moving traffic violations), but excluding cases dismissed by the Court or when the costs are to be paid by the City, such additional assessment to be used for the training of Law Enforcement Officers.
4. 
Pursuant to the authority granted by Section 488.607, RSMo., an assessment of an additional Court cost of three dollars ($3.00) on all ordinance violations, except when the proceedings or defendant have been dismissed by the Court or when costs are to be paid by the City. Such costs shall be collected by the Clerk of the Court and disbursed by the Finance Department for the purpose of providing operating expenses for shelters for battered persons as defined by Section 455.200 et seq., RSMo.
[Ord. No. 5664, 9-23-2019]
5. 
In addition to any other costs of Court pursuant to Section 488.5336, RSMo., an assessment of one dollar ($1.00) on all ordinance violations (including infractions, moving and non-moving traffic violations), but excluding cases dismissed by the Court or when the costs are to be paid by the City, such additional assessment to be used for the Peace Officer's Standards and Training Commission (POST) Fund created by Section 590.178, RSMo.
6. 
In addition to any other costs of Court pursuant to Sections 488.5339 and 595.045, RSMo., an assessment of seven dollars and fifty cents ($7.50) on all ordinance violations (including infractions, moving and non-moving traffic violations), except when the proceedings or defendant have been dismissed by the Court or when the costs are to be paid by the City, such additional assessment to be used for the Crime Victims' Compensation Fund.
7. 
Upon a plea of guilty or a finding of guilty for an offense of violating the provisions of municipal ordinances 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 City Police Department pursuant to Section 488.5334, RSMo., for the reasonable costs associated with the arrest, including the cost of any chemical test made under Chapter 577, RSMo., 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. The Police Department may establish a schedule of such costs, but the Court may order the costs reduced if it determines them to be excessive.
8. 
Mileage, in the same amount as provided to the Sheriff in criminal violations, for each mile and fraction thereof the officer must travel (both directions) in order to serve any warrant or commitment or order of this Court, other costs, such as for the issuance of a warrant, a commitment or a summons, as provided before the Circuit or Associate Circuit Judge in criminal prosecutions and any and all other costs, assessments and surcharges as required by applicable law.
9. 
Other fees as lawfully determined by the Court, including credit card fine fees and probation deterrent fees.
10. 
A surcharge of two dollars ($2.00) pursuant to the provisions of Section 488.5026, RSMo., shall be collected in all cases, except where the proceeding is dismissed by the Court or when the costs are to be paid by the City. All fees collected pursuant to this Subsection shall be transmitted monthly to the Finance Director of the City of Creve Coeur for deposit into the Inmate Security Fund. All funds collected pursuant to this Subparagraph shall be used only to acquire, develop, maintain, repair, and replace biometric verification systems and information sharing systems to ensure that inmates, prisoners or detainees in a holding cell facility or other detention facility or area which holds 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, and to pay for any expenses related to detention, custody and housing and other expenses for inmates, prisoners and detainees.
11. 
Pursuant to Sections 476.056 and 488.010 to 488.027, RSMo., and Supreme Court Operating Rules 21.01(a)(4)and 21.03, there shall be assessed as costs a court automation fee of seven dollars ($7.00).
B. 
No refund shall be required for overpayments of Court costs of five dollars ($5.00) or less, nor shall the Clerk be required to pursue unpaid amounts less than five dollars ($5.00) as provided in Section 488.014, RSMo.
[1]
Editor's Note: Former Section 135.250, Court Costs — Assessment Against Prosecuting Witness, and Section 135.260, Installment Payment of Fine, were repealed 9-23-2019 by Ord. No. 5664.
[R.O. 2008 §17-27; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
The duties of a public defender shall be to serve as counsel when appointed by the Municipal Judge to represent persons appearing before the Municipal Court and accused of a violation of the ordinances of the City for which the prosecutor intends to seek a sentence of confinement who demonstrate to the satisfaction of the Municipal Judge that they are unable to employ counsel on their own behalf and should have counsel appointed to represent them. No such person shall be sentenced to any period of confinement unless he/she is represented by counsel.
See Rules 37.47, 37.50.
[1]
Editor's Note: Former Section 135.280, Procedures When Defendant Fails to Appear — Section Not to Affect Judge's Contempt Power, was repealed 9-23-2019 by Ord. No. 5664.
[R.O. 2008 §17-44; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
The Judge of the City's Municipal Court shall be known as a Municipal Judge of the 21st Judicial Circuit Court and shall be selected as provided in Section 7.2 of the City Charter.
[R.O. 2008 §17-45; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
The Municipal Judge shall hold office for a period of four (4) years as provided in the City Charter.
[R.O. 2008 §17-46; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
A. 
The Municipal Judge shall vacate office under the following circumstances:
1. 
Upon removal from office by the State Commission on the Retirement, Removal and Discipline of Judges as provided in Missouri Supreme Court Rule 12; or
2. 
Upon attaining age seventy-five (75); or
3. 
As provided in Section 7.2 of the City Charter or other applicable law.
[R.O. 2008 §17-47; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
A. 
The Municipal Judge shall possess the following qualifications before taking office:
1. 
Must be a licensed attorney qualified to practice law within this State.
2. 
Must be a resident of the State.
3. 
Must be between the ages of twenty-one (21) and seventy-five (75) years.
4. 
May not hold any other office within the City Government.
5. 
Must meet all qualifications for the office set forth in Section 7.2 of the City Charter and any and all other qualifications imposed by State law or Supreme Court Rule.
B. 
Additionally, the Municipal Judge shall meet all requirements concerning course of instruction and continuing education, including pursuant to Sections 479.020 and 479.172, RSMo., and Supreme Court Rule 18.
[R.O. 2008 §17-48; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016; Ord. No. 5664, 9-23-2019]
A. 
The Municipal Judge may serve as Municipal Judge for up to four (4) other municipalities. A court that serves more than one (1) municipality shall be treated as a single municipality for purposes of this Section.
B. 
The Municipal Judge shall be considered as holding a part-time contractor position and as such may accept (within the requirements of the Code of Judicial Conduct, Missouri Supreme Court Rule 2) other employment.
[1]
State Law Reference: See Section 479.020, RSMo.
[R.O. 2008 §17-49; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
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 Chapter 479, RSMo.
2. 
Administer oaths and enforce due obedience to all rules and judgments made by the Court and fine and imprison for contempt committed before the Judge while holding Court, in the same manner and to the same extent as a Circuit Judge.
3. 
Commute the term of any sentence, 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.
5. 
Make use of a public or private probation program of the Court's choice if such program or programs are available for the referral of defendants for any of the following purposes: to conduct a presentence investigation and prepare a report thereof for the Court; to enroll the defendant in a counseling program or short-term educational program appropriate to the offense for which the defendant has been charged; to supervise defendants placed on probation by the Court; and for such other purposes as the Municipal Judge may direct. A report of a pre-sentence investigation shall not be submitted to the Court or its contents disclosed to anyone unless the defendant has pleaded guilty or has been found guilty. The report of a pre-sentence investigation shall contain any prior record of the defendant and such information about his/her characteristics, his/her financial condition, his/her social history and the circumstances affecting his/her behavior as may be helpful in imposing sentence or in recommending probation or in the correctional treatment of the defendant. The Probation Officer shall secure such other information as may be required by the Court, and, whenever it is practicable and requested by the Court, investigation may include a physical and mental examination of the defendant by a licensed physician, psychiatrist or psychologist.
6. 
The Municipal Judge shall have such other powers, duties and privileges as are or may be prescribed by the laws of this State or other ordinances of this City.
[1]
State Law Reference — Similar provisions, § 479.070, RSMo.
[R.O. 2008 §17-50; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
The Municipal Judge shall cause to be prepared such reports as may be required by law.
[R.O. 2008 §17-51; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
The Municipal Judge shall be a conservator of the peace. The Judge shall keep a docket and shall enter therein every case commenced before the Court and the proceedings therein and shall keep such other records as may be required. Such docket and records shall be records of the Circuit Court of St. Louis County. The Municipal Judge shall deliver the docket and records of the Municipal Court and all books and papers pertaining to the office to any successor in office or to the Presiding Judge of the Circuit Court.
[1]
State Law Reference — Similar provisions, § 479.070, RSMo.
[R.O. 2008 §17-52; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
A Municipal Judge shall be disqualified to hear any case in which he/she is related to the defendant, when he/she has an interest in the case, when he/she has previously been counsel in the case, when the prosecutor in the case regularly serves as a Judge in another municipal division within the same County before whom the Municipal Judge regularly represents a prosecuting County or municipality, or he/she is otherwise disqualified by law or if the defendant or the prosecutor timely files an application for change of Judge pursuant to Rule 37.53. Neither the defendant nor the municipality shall be entitled to file more than one application for change of Judge in the same case, except that no party shall be precluded from requesting any change of Judge for cause at any time pursuant to applicable Court rule.
[1]
State Law Reference — Similar provisions, § 479.220, RSMo.; rule 37.53.
[R.O. 2008 §17-53; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
Pursuant to Section 7.2 of the City Charter, an alternate Judge shall be appointed to serve if the Municipal Judge is absent, sick or disqualified from acting and as otherwise directed by the Municipal Judge. If neither the Municipal Judge nor the alternate Judge is able to serve at a particular time due to absence, sickness or disqualification, a special interim Municipal Judge may be appointed by the Presiding Judge of the Circuit Court of St. Louis County pursuant to Section 479.230, RSMo. The City Council shall provide by ordinance for the compensation of any person designated to act as Municipal Judge under the provisions of this Section.
[1]
State Law Reference — Similar provisions, § 479.230, RSMo.