[CC 1991 §9-1; Ord. No. 597 §2, 2-13-1979]
There is hereby established a Court in and for the City to be
known as the "Frontenac Municipal Court, a Division of the 21st Judicial
Circuit District of the State of Missouri". The Court is a continuation
of the Court of the City as previously established.
[CC 1991 §9-2; Ord. No. 597 §3, 2-13-1979]
The Municipal Judge shall have exclusive original jurisdiction
to hear and determine all offenses against the ordinances of the City.
He/she shall keep a docket in which he/she shall enter every case
commenced before him/her, and the proceedings therein; and he/she
shall deliver such docket, and all books and papers pertaining to
his/her office, to his/her successor in office.
[CC 1991 §9-4; Ord. No. 597 §4, 2-13-1979]
The Board of Aldermen shall provide at the expense of the City
a suitable room or office for the Municipal Judge, and he/she shall
hold his/her Court in such room.
[CC 1991 §9-5; Ord. No. 597 §24, 2-13-1979; Ord. No. 2006-1486 §4, 1-17-2006]
The Court Clerk shall be hired by the City Administrator with
the consent of the Mayor and the Board of Aldermen.
[CC 1991 §9-6; Ord No. 597 §5, 2-13-79; Ord. No. 879 §1, 3-19-1991]
A.
All
ordinance violations shall be prosecuted by information. The Prosecuting
Attorney of the City of Frontenac may file an information charging
the commission of an ordinance violation based either:
1.
Upon his/her own knowledge or information and belief, or
2.
Upon a verified complaint.
|
|
Both a complaint and an information must be in writing and the
contents thereof shall be as required by Rule 37.33 and Rule 37.35
of the Supreme Court of the State of Missouri. The Municipal Judge
or the alternate Municipal Judge if he/she shall be sitting, shall
maintain a docket of all cases coming before him/her and that docket
shall state the name of the defendant, the nature and character of
the offense, the date of the trial, the finding of the Court, the
judgment, the penalties and costs, the date of or for payments, the
date of issuing commitment, if any, and every other fact necessary
to show the full proceedings in each case. A record shall likewise
be maintained of the name of the complainant and the names and addresses
of all witnesses sworn and examined.
|
[CC 1991 §9-7, Ord. No. 961 §1, 5-20-1993]
Warrants for the arrest of persons charged with Frontenac Ordinance
or Code violations may be issued by the Judge of the Frontenac Municipal
Division of the Circuit Court for St. Louis County, Missouri, and
all such warrants may be directed to any Peace Officer in the State
of Missouri. The warrant shall be executed by the arrest of the accused.
All such warrants as may be issued hereunder shall contain all the
information set forth in Rule 37.45 of the Supreme Court of the State
of Missouri and shall be signed by the Judge or by the Clerk of the
Municipal Division Court when directed by the Judge for a specific
warrant. Service of a warrant may be effected in accordance with Rule
37.46 of the Supreme Court of the State of Missouri and initial proceedings
after arrest of the accused under any warrant for ordinance violation
shall be conducted in accordance with Rule 37.47 of the Supreme Court
of the State of Missouri.
[CC 1991 §9-9; Ord. No. 597 §8, 2-13-1979; Ord. No. 879 §1, 3-19-1991]
A.
All
trials of ordinance violations shall be held in open Court in an orderly
manner according to law.
B.
If
practical, traffic cases shall be heard and tried separately from
other types of cases. Where a particular session of Court has been
designated a traffic case session, only traffic cases shall be tried
except for good cause shown.
C.
All
issues of fact in ordinance violation cases shall be determined by
the Judge unless a jury trial is authorized by law and requested by
the defendant.
D.
A request
for a jury trial shall be made by motion filed at least ten (10) days
prior to the scheduled hearing date. If the designation of the trial
Judge occurs less than ten (10) days before trial, the application
may be filed any time prior to trial. The Judge shall promptly rule
on a motion for jury trial. If the motion is sustained, the case shall
be certified to the Presiding Judge of the 21st Judicial Circuit for
assignment for trial by jury unless otherwise provided by Statute.
E.
All
jury trials shall proceed in the manner provided for the trial of
a misdemeanor by the rules of criminal procedure.
[CC 1991 §9-10; Ord. No. 597 §9, 2-13-1979; Ord. No. 834 §1, 11-16-1989; Ord. No. 918 §1, 8-18-1992; Ord. No. 1097 §§1 —
2, 6-17-1997; Ord. No.
98-1111 §2, 7-21-1998; Ord. No. 2001-1215 §1, 8-21-2001; Ord. No. 2003-1349 §1, 9-16-2003; Ord. No. 2009-1597 §1, 4-29-2009]
A.
Court
costs for each municipal ordinance violation case filed in the Municipal
Court shall be twelve dollars ($12.00) per case. The costs authorized
herein are in addition to service costs, witness fees and jail costs
otherwise authorized. No fees for the Judge or the City Prosecuting
Attorney shall be assessed as costs. For those municipal ordinance
violation cases where there is an application for a trial de novo,
there shall be an additional fee of thirty dollars ($30.00) which
shall be assessed as Court costs in the same manner as provided above
herein. The Municipal Judge shall have the authority to waive the
assessment of these costs at his/her discretion.
B.
In
addition to any other penalties and costs provided by law or ordinance,
the Court may order any person convicted of an alcohol- or drug-related
traffic offense to reimburse the City for the costs associated with
the arrest of such person. Such costs shall include the reasonable
cost of making the arrest, including the cost of any chemical test
made 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. A schedule of such costs shall be established by the Frontenac
Police Department and filed with the Clerk of the Municipal Court,
and the Court may impose costs in accordance with the schedule; provided
the Court may order the costs reduced in a case if the Court determines
the costs are excessive.
C.
Crime Victims' Compensation Fund. An additional sum of seven dollars fifty cents ($7.50) shall be assessed and added to the basic costs in Subsection (A) of this Section, provided that no such cost shall be collected in any proceeding when the proceeding or the defendant has been dismissed by the Court. All sums collected pursuant to this Subsection shall be paid at least monthly as follows:
D.
Peace Officer Training — Cost.
1.
In addition to any fine or other costs that may be imposed by the
Municipal Judge, there shall be assessed as costs in all cases, except
those that have been dismissed by the Court, the sum of two dollars
($2.00) for the training of Peace Officers. This fee shall be transmitted
monthly to the Treasurer of the City.
2.
An additional one dollar ($1.00) shall be assessed as costs in all
cases, except those that have been dismissed by the Court. This fee
shall be deposited with the Treasurer of the State in the Peace Officer
Standards and Training Commission Fund to be used statewide for training
of Peace Officers.
E.
Inmate Security Fund. In addition to any other fines or
Court costs pertaining to cases filed in the Municipal Court, an additional
surcharge in the sum of two dollars ($2.00) shall be assessed in each
case filed for the violation of ordinances in the City. No surcharge
shall be collected in any proceeding when the proceeding or defendant
has been dismissed by the Court or when costs are to be paid by the
City. Such cost shall be collected by the Clerk of the Court and disbursed
by the Board of Aldermen for any costs related to biometric verification,
custody and housing of prisoners as defined in Section 488.5026, RSMo.
F.
The
City of Frontenac Municipal Court may take the costs of incarceration
into account when imposing sentence, however, no fine which includes
costs of incarceration may exceed the maximum fine which a Municipal
Court may lawfully impose under State law.
[Ord. No. 2013-1713 §1, 10-15-2013]
No refund shall be required for overpayment 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.
[CC 1991 §9-11; Ord. No. 961 §1, 5-20-1993]
A.
Any person having been released from arrest with or without a warrant, who shall breach any condition set for the release may be rearrested on order of the Court. In addition, any person who, having been released pursuant to a conditional release for Court appearance or upon recognizance or bond pursuant to any provision of law, who willfully fails to appear before any Court or Judicial Officer as required under the terms of such release, recognizance or bond shall be guilty of a misdemeanor under this Code and shall be punished upon conviction thereof in accordance with the penalty provisions of Sections 100.140 of this Code.
B.
If
there is a breach of any condition of any bond submitted to the Court,
the Judge before whom the case is pending may declare a forfeiture
of that bond. The Court shall have the further authority to effect
justice in such matters including, but not limited to, those authorities
set forth in Rule 37.26 of the Supreme Court of the State of Missouri.
When a forfeiture has not been set aside, the Judge, on the motion
of the Prosecuting Attorney, may enter a judgment of default and execution
may issue thereon. By entering into a bond, the obligors submit to
the jurisdiction of the Frontenac Municipal Division of the Circuit
Court for St. Louis County, Missouri, and irrevocably appoint the
Clerk of that Division Court as their agent upon whom any papers affecting
their liability may be served. Their liability may be enforced on
the Prosecutor's motion without the necessity of an independent action.
The motion and such notice of the hearing as the Judge prescribes
shall be delivered to the Clerk of the Division Court and the Clerk
shall forthwith mail a copy to each of the obligors.
[CC 1991 §9-12; Ord. No. 597 §11, 2-13-1979]
Complaints filed before the Municipal Judge may include any
number of persons charged with the same offense and no proceedings
shall be dismissed or defendant discharged by reason of any informality
or irregularity in any complaint; but such complaint may, by leave
of Court, at any time before or during the trial prior to the finding
of the Municipal Judge, be amended without prejudice to the proceedings.
[CC 1991 §9-13; Ord. No. 597 §12, 2-13-1979]
If, in the progress of any trial before the Municipal Judge,
it shall appear that the accused ought to be put upon his/her trial
for an offense against the criminal laws of the State, and not cognizable
before the Municipal Judge, he/she shall immediately stop all further
proceedings before him/her as Municipal Judge, and cause complaint
to be made at once before an Associate Circuit Judge having jurisdiction,
who shall thereupon proceed as in other cases cognizable before Associate
Circuit Judges.
[CC 1991 §9-14; Ord. No. 597 §13, 2-13-1979]
It shall be the duty of the Municipal Judge to summons all persons
whose testimony may be deemed essential as witnesses at the trial,
and enforce their attendance by attachment, if necessary. Witnesses
shall be paid out of the General Fund of the City Treasury the fee
of two dollars ($2.00) for attendance of each day in Court. A claim
for payment of such fee shall be approved by the Municipal Judge and
the City Clerk before being paid by the City Treasurer. When a trial
shall be continued by the Municipal Judge, it shall not be necessary
to summons any witnesses who may be present at the continuance; but
the Municipal Judge shall verbally notify such witnesses present as
either party may desire to attend on the day set for trial, and enter
the names of such witnesses on his/her docket, which verbal notice
shall be valid as a summons.
[CC 1991 §9-15; Ord. No. 597 §14, 2-13-1979]
If the defendant plead or be found guilty, the Municipal Judge
shall declare and assess the punishment prescribed by ordinance according
to his/her finding and render judgment accordingly and for costs of
suit; and it shall be a part of the judgment that the defendant stand
committed until judgment is complied with except as herein otherwise
provided.
[CC 1991 §9-16; Ord. No. 597 §15, 2-13-1979]
Any defendant committed under the provisions of this Chapter
may be discharged on the payment of fine and costs, or upon perfecting
an appeal as herein provided.
[CC 1991 §9-17; Ord. No. 597 §16, 2-13-1979]
In any case tried before a Municipal Judge who is licensed to
practice law in this State or before an Associate Circuit Judge, except
where there has been a plea of guilty or the case has been tried with
a jury, the defendant shall have a right of trial de novo before a
Circuit Judge or upon 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 rule.
[CC 1991 §9-18; Ord. No. 597 §17, 2-13-1979]
A.
The
Municipal Judge shall have power to administer oaths and enforce due
obedience to all orders, rules and judgments made by him/her within
the scope of his/her authority, and may fine and imprison for contempt
offered to him/her while holding Court if such person or persons be
guilty of:
1.
Disorderly, contemptuous or insolent behavior committed during its
session, in its immediate view and presence, and directly tending
to interrupt its proceeding or to impair the respect due to its authority;
2.
Any breach of the peace, noise or other disturbance directly tending
to interrupt its proceedings;
3.
Willful disobedience of any process or order lawfully issued or made
by it;
4.
Resistance willfully offered by any person to the lawful order or
process of the Court; or
5.
The contumacious and unlawful refusal of any person to be sworn as
a witness, or, when so sworn, to refuse to answer any legal and proper
interrogatory.
B.
Contempt
committed in the immediate view and presence of the Court may be punished
summarily; in other cases the party charged shall be notified of the
accusation, and have a reasonable time to make his/her defense. Whenever
any person shall be committed for any contempt specified in this Section,
the particular circumstances of his/her offense shall be set forth
in the order of warrant of contempt. Nothing contained in this Section
shall be construed to extend to any proceeding against parties or
officers, as for contempt, for the purpose of enforcing any civil
right or remedy.
[CC 1991 §9-21; Ord. No. 879 §1, 3-19-1991]
The rules of the Missouri Supreme Court relating to the prosecuting of ordinances and traffic violations insofar as they may provide for matters not covered by this Article I of Chapter 135 of the Code of Ordinances of the City of Frontenac and insofar as they may from time to time conflict with or be more stringent than the requirements of this Article I of Chapter 135 of the Code of Ordinances of the City of Frontenac, are hereby adopted by this reference and made controlling in all such instances.
[Ord. No. 2008-1568 §1, 4-22-2008]
A.
Search Warrant Defined — Who May Issue, Execute.
1.
An "administrative search warrant" is a written
order of the Municipal Judge permitting the entry of City Officials
on or into private property, structure or improvement, to enforce
the City's housing, zoning, health and safety regulations when government
entry on or into such property is otherwise authorized by Missouri
law. A warrant may issue only in conformance with this Section and
only for the enforcement of the City's housing, zoning, health and
safety regulations, specifically:
2.
The Municipal Judge having original and exclusive jurisdiction to
determine violations against the ordinances of the municipality may
issue an administrative warrant when:
a.
The property to be entered is located within the City, and
c.
Any such warrant shall be directed to the Chief of Police or any
other Police Officer of the City and shall be executed by the Chief
of Police or said Police Officer in conjunction with the Code Enforcement
Officer or other appropriate City Official within the City limits
and not elsewhere.
B.
Who May Apply For Warrant — Contents Of Application.
1.
Any Code Enforcement Officer, Police Officer or attorney of the City
may make application to the Municipal Judge for the issuance of an
administrative warrant.
2.
The application shall:
a.
Be in writing;
b.
State the time and date of the making of the application;
c.
Identify the property or places to be entered, searched, inspected
or seized in sufficient detail and particularity that the officer
executing the warrant can readily ascertain it;
d.
State that the owner or occupant of the property or places to be
entered, searched, inspected or seized:
e.
State facts sufficient to show probable cause for the issuance of a search warrant, as provided in Subsection (C) of this Section, to:
(1)
Search or inspect for violations of an ordinance or Code Section
specified in the application, or
(2)
Show that entry or seizure is authorized and necessary to enforce
an ordinance or Code Section specified in the application and/or abate
an ordinance violation and that due process has been afforded prior
to the entry or seizure.
f.
Be verified by the oath or affirmation of the applicant; and
g.
Be signed by the applicant and filed in the Municipal Court.
3.
The application may be supplemented by a written affidavit verified
by oath or affirmation. Such affidavit shall be considered in determining
whether there is probable cause for the issuance of a search warrant
and in filling out any deficiencies in the description of the property
or place to be searched or inspected. Oral testimony shall not be
considered.
4.
The application may be submitted by hand delivery, mail or facsimile
or other electronic means.
C.
Determination Of Probable Cause — Issuance — Contents
Of Warrant — Execution And Return.
1.
Determination of probable cause/issuance.
a.
The Municipal Judge shall determine whether probable cause exists
to inspect or search for the purposes noted herein.
b.
In doing so the Municipal Judge shall determine whether the action
to be taken by the City is reasonable in light of the facts stated.
The Municipal Judge shall consider the goals of the ordinance or Code
Section sought to be enforced and such other factors as may be appropriate
including, but not limited to, the physical condition of the specified
property, the age and nature of the property, the condition of the
area in which the property is located, the known violation of any
relevant City ordinance or Code Section, the passage of time since
the property's last inspection and the authority authorizing government
entry onto private property. The standard for issuing a warrant need
not be limited to actual knowledge of an existing violation of a City
ordinance or Code Section.
c.
If it appears from the application and any supporting affidavit that
there is probable cause to inspect or search the private property
for the enforcement of the City's housing, zoning, health and safety
regulations, a search warrant shall immediately be issued.
d.
The warrant shall issue in the form of an original and two (2) copies
and the application, any supporting affidavit and one (1) copy of
the warrant as issued shall be retained in the records of the Municipal
Court.
e.
A search warrant shall expire if it is not executed within ten (10)
days after the date of the making of the application.
2.
Contents of search warrant. The search warrant shall:
a.
Be in writing and in the name of the City;
b.
Be directed to any Police Officer in the City;
c.
State the time and date the warrant was issued;
d.
Identify the property or places to be searched, inspected or entered
upon in sufficient detail and particularity so that the officer executing
the warrant can readily ascertain it;
e.
Identify the regulation sought to be enforced;
f.
Command that the described property or places be entered upon for
one (1) or more specified enforcement purposes as provided herein,
including inspection or abatement;
g.
Direct that any evidence of any suspected ordinance violations be
seized, recorded or photographed and a description of such property
be returned within ten (10) days after issuance of the warrant to
the Clerk of the Municipal Court to be dealt with according to law;
h.
Be signed by the Judge, with his or her title of office indicated.
3.
Execution. A search warrant issued under this Article
shall be executed only by a City Police Officer, provided however,
that one (1) or more designated City Officials may accompany the officer
and the warrant shall be executed in the following manner:
a.
Copies of the warrant shall be given to the officer executing the
warrant. Copies may be transmitted by hand delivery, mail or by facsimile
or other electronic means.
b.
The warrant shall be executed by conducting the search, inspection,
entry, abatement or seizure as commanded and shall be executed as
soon as practicable and in a reasonable manner but in no less than
ten (10) days after issuance of the warrant.
c.
The officer may summon as many persons as he deems necessary to assist
him in executing the warrant and such persons shall not be held liable
as a result of any illegality of the search and seizure.
d.
The officer shall give the owner or occupant of the property searched,
inspected or entered upon a copy of the warrant or shall leave a copy
of the warrant at the property if the owner or occupant is not available.
e.
In the event that a warrant authorizes abatement of a nuisance or
other conditions, the Police Officer is not required to stay on the
property during the entire length of time that it takes for the abatement
to be completed.
4.
Itemized receipt/disposition of seized property.
a.
If any property is seized incident to the search or abatement, the
officer shall give the person from whose possession it was taken,
if the person is present, an itemized receipt for the property taken.
If no such person is present, the officer shall leave the receipt
at the site of the search or abatement in a conspicuous place.
b.
A copy of the itemized receipt of any property taken shall be delivered
to an attorney for the City within two (2) working days of the search.
c.
The disposition of property seized pursuant to a warrant under this
Section shall be in accordance with an applicable City ordinance or
Code Section, but in the absence of same, then with Section 542.301,
RSMo.
5.
Return required after execution of search warrant.
a.
After execution of the search warrant, the warrant, with a return
thereon signed by the officer making the search, shall be delivered
to the Municipal Court.
b.
The return shall show the date and manner of execution and the name
of the possessor and of the owner, when not the same person, if known,
of the property or places searched or seized.
c.
The return shall be accompanied by any photographs, copies or recordings
made and by any property seized, along with a copy of the itemized
receipt of such property required by this Section; provided however,
that seized property may be disposed of as provided herein and in
such a case a description of the property seized shall accompany the
return.
d.
The Court Clerk, upon request, shall deliver a copy of the return
to the possessor and the owner, when not the same person, of the property
searched or seized.
D.
Warrant Invalid, When.
1.
A search warrant shall be deemed invalid:
a.
If it was not issued by the Municipal Judge;
b.
If it was issued without a written application having been filed
and verified;
c.
If it was issued without sufficient probable cause in light of the goals of the Section to be enforced and such other factors as provided in Subsection (C) hereof;
d.
If it was not issued with respect to property or places in the City;
e.
If it does not describe the property or places to be searched, inspected,
entered upon or seized with sufficient certainty;
f.
If it is not signed by the Judge who issued it; or
g.
If it was not executed within ten (10) days after the date of the
issuance of the warrant.
2.
An officer making a search pursuant to an invalid warrant, the invalidity
of which is not apparent on its face, may use such force as he would
be justified in using if the warrant were valid.
