Article I Procedure On Arrest
[R.O. 2008 §16-91; Ord. No. 977 §1(15.4), 1-5-1981; Ord. No. 5075 §1, 2-9-2009; Ord. No. 5493 §2, 8-22-2016]
In traffic cases, the complaint or information and summons shall be substantially in the form prescribed by the Supreme Court of the State known as the "Missouri Uniform Traffic Ticket," and when such ticket is executed in the manner provided by law, it shall be deemed to be lawful information for the purpose of prosecution in the Municipal Court for offenses set out in this Title III.
The Missouri Uniform Traffic Ticket shall be used in traffic cases, whether the complaint is made by a Police Officer or by any other person or the information is made by the prosecutor.
[R.O. 2008 §16-92; Ord. No. 977 §1(15.5), 1-5-1981; Ord. No. 5075 §1, 2-9-2009; Ord. No. 5493 §2, 8-22-2016]
The Municipal Court shall approve uniform citation, information and summons forms as prescribed by the Supreme Court.
The Chief of Police shall be responsible for maintaining records regarding the issuance of serially numbered citation forms in electronic, paper or other formats to individual members of the Police Department.
State Law Reference — Similar provisions, § 300.575, RSMo.
[R.O. 2008 §16-93; Ord. No. 977 §1(15.6), 1-5-1981; Ord. No. 5075 §1, 2-9-2009; Ord. No. 5493 §2, 8-22-2016]
The Chief of Police or other responsible officer shall cause a copy of every traffic citation issued to an alleged violator of any of the provisions of this Chapter to be provided to the prosecuting attorney or his/her duly authorized representative and to the office of the Municipal Court Clerk.
It shall be unlawful and official misconduct for any Police Officer or other officer or public employee to dispose of, alter or deface a traffic citation or any copies thereof or the record of the issuance or disposition of any traffic citation or warrant in any unauthorized manner.
The Chief of Police, the prosecutor and the Municipal Court Clerk shall cause to be maintained a record of every traffic citation, information and summons issued to an alleged violator of any provisions of this Chapter, as well as any forms which have been damaged or otherwise voided or upon which any entry has been made and not issued to an alleged violator. Such latter cases shall require a concise statement by the officer, approved by his/her immediate supervisor, as to the reason the citation was voided or not issued.
The Chief of Police shall cause to be maintained a record of all warrants issued by the Municipal Court which are delivered to the Police Department for service and of the final disposition of all warrants.
[R.O. 2008 §16-94; Ord. No. 977 §1(15.7), 1-5-1981; Ord. No. 5075 §1, 2-9-2009; Ord. No. 5493 §2, 8-22-2016]
No person shall cancel or solicit the cancellation of any traffic citation in any manner other than as authorized by law.
[R.O. 2008 §16-99; Ord. No. 977 §1(15.12), 1-5-1981; Ord. No. 5075 §1, 2-9-2009; Ord. No. 5493 §2, 8-22-2016]
Any person arrested and charged with violating any of the traffic ordinances of the City may at the discretion of the officer authorized by law or rule of court to accept bail and the person arrested, deposit his/her operator's license issued by the State with the officer demanding bail in lieu of any other security for an appearance in court to answer any such charge except:
When directed under law to take a person immediately before a judge;
When the violation involves death;
When the violation involves a person who is under the influence of intoxicating liquor or drugs;
When the violation involves leaving the scene of an accident;
When the violation involves driving with a suspended or revoked driver's license; or
When bail is ordered by the court or by court rule.
The Law Enforcement Officer requiring security for an appearance may accept the deposit of the driver's license in lieu of bail, and if the driver's license is accepted, shall issue a receipt to the licensee for the license upon a form approved by the Municipal Court. The licensee may, until he/she has appeared at the proper time and place as stated in the receipt to answer the charge placed against him/her, operate motor vehicles while in possession of the receipt. If a continuance is requested and granted, the licensee shall be given a new receipt for his/her license, or the Municipal Court Clerk may return the license.
Notwithstanding the foregoing, any person arrested and charged with violating a traffic ordinance of the City may, if afforded the opportunity to deposit his motor vehicle operator's license pursuant to this Section in lieu of bail, decline to do so and instead post bail of fifty dollars ($50.00) per traffic offense allegedly committed as provided in Section 135.120.
Ord. No. 5493 §2, 8-22-2016]
If a violator of the restrictions on stopping, standing or parking under the traffic ordinances of the City does not appear in response to a uniform traffic ticket affixed to such motor vehicle within a period of five (5) days, the Violations Bureau shall send to the owner of the motor vehicle to which the traffic ticket was affixed a letter informing him or her of the violation and warning him or her that in the event such letter is disregarded for a period of five (5) days a warrant of arrest will be issued.