Editor's Note — As to certain violations concerning an
accused with special needs, §479.040, RSMo
[CC 1987 §130.010; Ord. No. 79-4 §1, 2-13-1979]
There is hereby established a Municipal Court in this City to
be known as the "Municipal Court of the City of Northwoods", which
shall be a Division of the 21st Judicial Circuit Court of the State
of Missouri. This Municipal Court shall be presided over by a Municipal
Judge or, in his/her absence or inability to act, by some eligible
and qualified person, appointed by the Mayor with the approval of
the Board of Aldermen, who shall possess all the powers and perform
all the duties enjoined upon the Municipal Judge, and who shall receive
the same compensation during the time for which he/she is appointed
as is provided by ordinance for the Municipal Judge.
[CC 1987 §130.020; Ord. No. 79-4 §1, 2-13-1979]
The Municipal Judge shall be appointed by the Mayor with the
approval of the Board of Aldermen for a period of two (2) years. The
Municipal Judge shall be subject to removal by the Mayor for cause
with the consent of the Board of Aldermen. The Municipal Judge shall
be licensed to practice as an attorney in the State of Missouri. The
Municipal Judge shall be a resident of the State of Missouri and shall
be over the age of twenty-one (21) years and under the age of seventy-five
(75) years.
[CC 1987 §130.030; Ord. No. 689 §1, 3-9-1971]
The Court shall be deemed always opened for the purpose of filing
proper papers, the issuance and return of process, and making motions,
applications and orders. In the absence of the Judge and the Clerk
of the Court, any such documents may be served upon the Chief of Police
or Police Officer in charge of the Police Department at the time.
The City shall provide suitable quarters where the sessions of the
Municipal Court shall be held, and emergency sessions of the Court
may be held in such places as the Judge may designate.
Violations of municipal ordinances shall be heard and determined
only before divisions of the Circuit Court as hereinafter provided
in this Chapter. "Heard and determined", for purposes
of this Chapter, shall mean any process under which the court in question
retains the final authority to make factual determinations pertaining
to allegations of a municipal ordinance violation.
[CC 1987 §130.050; Ord. No. 689 §1, 3-9-1971]
The Chief of Police and his/her subordinates shall serve as
the Marshal and Deputy Marshals of the Municipal Court, and they shall
enforce its orders and judgments.
[CC 1987 §130.060; Ord. No. 689 §1, 3-9-1971]
The Prosecutor may file an information, or a complainant or
person authorized by law may make a complaint, charging the commission
of any offense that charges a violation of any provisions of the Municipal
Code or other City ordinance.
[CC 1987 §130.070; Ord. No. 816 §1, 6-24-1975]
Any warrant issued upon a complaint of information charging
the commission of an offense may be issued under the hand of the Judge.
If the complaint of information is filed by the Prosecutor, the Clerk
of the Court, or any Deputy Court Clerk appointed by the Municipal
Judge, may issue a warrant for the arrest of the accused. The warrant
shall contain the name of the accused or, if his/her name is unknown,
any name or description by which the accused can be identified with
reasonable certainty. It shall describe the offense charged in the
complaint or information. Any such warrant for the arrest of the accused
shall be directed to the Chief of Police or to any officer authorized
by law to execute it, if such accused has not been taken into custody
on summary complaint filed whether or not a warrant has been issued
thereon. The Prosecutor may prosecute such offense on said complaint
without filing an information.
[CC 1987 §130.080; Ord. No. 689 §1, 3-9-1971]
A summons instead of a warrant may issue on the filing of a
complaint or information charging the commission of an offense if
the Judge or Prosecutor has good reason to believe that the accused
will appear in response thereto. In any case in which it is lawful
for an officer to arrest a person without a warrant, he/she may serve
such person with a summons instead of arresting the accused. The summons
shall describe the offense charged and shall command the accused to
appear at a stated time and place in answer thereto. The summons may
be served in the same manner as a summons in a civil action. If the
accused fails to appear as commanded by the summons, a warrant of
arrest shall be issued.
[CC 1987 §130.090; Ord. No. 79-8 §1, 4-10-1979]
No person shall willfully violate his/her written promise to
appear in Court on a uniform traffic ticket or a complaint or information,
on the date which is set, or on any date to which the case may be
continued or reset, regardless of the disposition of the charge alleged
to have been committed.
[CC 1987 §130.100; Ord. No. 689 §1, 3-9-1971]
In absence or inability of the City Prosecutor to act, the Mayor
shall appoint someone to perform all duties of the City Prosecutor,
who shall, during the time that he/she is so acting, possess all the
power vested by law in the City Prosecutor, and who shall receive
the same compensation during the time for which he/she is appointed
as is provided for the City Prosecutor.
[CC 1987 §130.110; Ord. No. 689 §1, 3-9-1971]
All prosecutions for the violation of the Municipal Code of
this City or other City ordinances shall be entitled "The City of
Northwoods vs. _________________________, (naming the person or persons
to be charged), defendant".
[CC 1987 §130.120; Ord. No. 689 §1, 3-9-1971]
The Judge shall state in his/her docket the name of the complainant,
the nature and character of the offense, the date of the trial, the
names of all witnesses sworn and examined, the finding of the Court
or jury, the judgment of fine and costs, the date of the payment,
the date of issuing commitment, if any, and every other fact necessary
to show the full proceedings in each case.
[CC 1987 §130.130; Ord. No. 689 §§8 — 13, 3-9-1971]
A.
The
Municipal Court may establish a Violations Bureau and designate a
Clerk for such Violations Bureau. It shall be the functions of the
Clerk to accept appearance, waiver of trial, pleas of guilty, and
payment of fine and cost in traffic offenses, subject to the limitations
prescribed in the Supreme Court rules and to the order of the Court.
The said Clerk shall serve under the direction and control of the
Court appointing him/her.
1.
Designated offenses — schedule of fines. The
Court shall by order, which may from time to time be amended, supplemented
or repealed, designate the traffic offenses within the authority of
the Violations Clerk, provided that such designated offenses shall
in no event include traffic cases involving property damage or personal
injury, operation of a motor vehicle while under the influence of
intoxicating liquor or drugs or permitting another person under such
influence to operate a motor vehicle owned by the defendant or in
his/her custody or control, driving when license is suspended or revoked,
or leaving the scene of an accident.
2.
Any person who has twice been found guilty or pleaded guilty to any
offense within a two (2) year period shall be required to appear in
Court on the third (3rd) and subsequent offenses within the two (2)
year period.
[CC 1987 §130.140; Ord. No. 79-4 §1, 2-13-1979]
Any person charged with a violation of City ordinance or a violation
of any Section of the Municipal Code shall be entitled to a trial
by jury. Whenever a defendant accused of a violation of a municipal
ordinance or a violation of any Section of the Municipal Code demands
trial by jury, the Municipal Court shall certify the case to the Presiding
Judge of the Circuit Court for reassignment.
[CC 1987 §130.160; Ord. No. 81-17 §1, 12-22-1981; Ord. No. 96-7 §§1 — 2, 12-10-1996; Ord. No. 11-3 §9, 4-26-2011]
A.
A schedule
of Court costs to be assessed on each case in the City of Northwoods
is established as follows:
[Ord. No. 16-5 §1, 3-22-2016; Ord. No. 16-10 §1, 4-26-2016]
|
Regular Court Costs
|
$12.00
|
|
Law Enforcement Training Fee
|
$2.00
|
|
Peace Officer Standards and Training Commission Fee
|
$1.00
|
|
Crime Victims' Compensation Fee
|
$7.50
|
|
Inmate Security/Biometric Fee
|
$2.00
|
|
Total Court Costs
|
$24.50
|
|
State Court Automation Fund
|
$7.00
|
|
Shelter for Battered Persons
|
$2.00
|
B.
Other
costs, such as for the issuance of a warrant, a commitment, or a summons,
as provided before the Associate Circuit Judge in criminal prosecutions.
C.
Actual
costs assessed against the City by the County Sheriff for apprehension
or confinement in the County Jail.
D.
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.
E.
Any
other reasonable cost as may be otherwise provided by ordinance and
permitted under the laws of the State of Missouri, including, but
not limited to costs of confinement, including any necessary transportation
related thereto, medical costs incurred by the City while a defendant
is in City custody and costs related to the arrest and testing of
any person for any intoxication-related traffic offense as set out
in this Section.
F.
Reserved.
G.
Reimbursement Of Certain Costs Of Arrest.
1.
Upon a plea or a finding of guilty for a first (1st) offense of violating
the provisions of an ordinance of the City of Northwoods, 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.
2.
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.
3.
The Chief of Police shall establish a schedule of such costs hereby
authorized and shall submit the same to the Municipal Judge. However,
the Court may order the costs reduced if it determines that the costs
are excessive.
4.
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 Board of Aldermen 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.
H.
The
Court cost shall be assessed on each case, regardless of whether or
not the violation charged is a moving or non-moving traffic violation,
and/or other municipal violation. All fines and costs assessed in
the Municipal Court shall be accounted for and paid to the City Treasurer.
A.
A person
commits the offense of failure to appear in Municipal Court if:
1.
He/she has been issued a summons for a violation of any ordinance
of the City of Northwoods, and fails to appear before the Judge of
the Municipal Court at the time and on the date on which he/she was
summoned, or at the time or on the date to which the case was continued;
2.
He/she has been released upon recognition of bond and fails to appear
before the Judge of the Municipal Court at the time and on the date
on which he/she was summoned, or at the time or on the date to which
the case was continued;
3.
He/she has been placed on Court supervised probation, and fails to
appear before the Judge of the Municipal Court at the time specified
by said Judge as a condition of the probation.
B.
Nothing
in this Section shall prevent the exercise of the Municipal Court
of its power to punish for contempt.
[CC 1987 §130.170; Ord. No. 79-4 §§8 — 14, 2-13-1979]
If, upon the trial before the Municipal Judge, or the Court
to which an appeal is taken, it appears to the satisfaction of the
Court or the jury trying the case that the prosecution was malicious
and without probable cause, or any complainant other than a City Officer
at whose instance prosecution was commenced shall neglect and fail
to appear and prosecute the same, the Court may enter judgment for
Court costs against the person at whose instance the complaint was
made, and execution shall issue therefor.
[CC 1987 §130.180; Ord. No. 79-4 §§8 — 22, 2-13-1979]
When a fine is assessed for violating a City ordinance or any
Section of the Municipal Code, it shall be within the discretion of
the Municipal Judge to provide for the payment of a fine and Court
costs on an installment basis under such terms and conditions as he/she
may deem appropriate.
[CC 1987 §130.190; Ord. No. 689 §§8 — 16, 3-9-1971]
Any person arrested pursuant to this Code or other City ordinance
may be admitted to bail by executing a bond to the City, with sufficient
security, to be approved by the Municipal Judge, the Chief of Police,
or Police Officer in charge of the Police Headquarters at the time,
but by the Judge only when Court is in session, and such an amount
as in the discretion of the officer approving the bond will secure
the defendant's presence, but not exceeding the sum of five hundred
dollars ($500.00), conditioned that such person appear in Court at
a stipulated time, and from time to time as required by the Judge,
to answer the charge; that he/she will submit himself/herself to the
orders, judgment, sentence, and process of the Court, and that he/she
will not depart without leave.
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.
[CC 1987 §130.210; Ord. No. 689 §1, 3-9-1971]
If no procedure is specifically provided by this Chapter, the
Court shall proceed in any lawful manner consistent with Missouri
Rules of Practice and Procedure in Municipal Courts and with any applicable
law of the State of Missouri.
A.
If,
in the progress of any trial before the Municipal Judge, it shall
appear to the Judge that the accused ought to be put upon trial for
an offense against the criminal laws of the State and not cognizable
before him/her as Municipal Judge, he/she shall immediately stop all
further proceedings before him/her as Municipal Judge and cause the
complaint to be made before some Associate Circuit Court Judge of
the County.
B.
For purposes of this Section, any offense involving the operation
of a motor vehicle in an intoxicated condition as defined in Section
577.001, RSMo., shall not be cognizable in Municipal Court, if the
defendant has been convicted, found guilty, or pled guilty to two
(2) or more previous intoxication-related traffic offenses as defined
in Section 577.001, RSMo., or has had two (2) or more previous alcohol-related
enforcement contacts as defined in Section 302.525, RSMo.
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.
