There is hereby established in the City of Strafford a Municipal
Court to be known as the "Strafford Municipal Court, a Division of
the 31st Judicial Circuit Court of the State of Missouri". In the
event a Police Court existed prior to the establishment of a Municipal
Court, this Court is a continuation of the Police Court of the City
as previously established and is termed herein "The Municipal Court".
The jurisdiction of the Municipal Court shall extend to all
cases involving alleged violations of the ordinances of the City.
The Judge of the City's Municipal Court shall be known as a
Municipal Judge of the 31st Judicial Circuit Court and shall be selected
by appointment to the position by the Mayor with approval of a majority
of the members of the Board of Aldermen for a term as specified herein.
The Municipal Judge shall hold his/her office for a period of
two (2) years. If for any reason a Municipal Judge vacates his/her
office, his/her successor shall complete that term of office, even
if the same be for less than two (2) years.
A.
The
Municipal Judge shall vacate his/her office under the following conditions:
A.
The
Municipal Judge shall possess the following qualifications before
he/she shall take office:
1.
He/she must be a licensed attorney, qualified to practice law within
the State of Missouri.
2.
He/she need not reside within the City.
3.
He/she must be a resident of the State of Missouri.
4.
He/she may serve as a Municipal Judge for any other municipality.
5.
He/she may not hold any other office within the City Government.
6.
The Municipal Judge shall be considered holding a part-time position
and as such may accept other employment.
The Municipal Court of the City 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 said Court shall obey his/her
directives.
The Municipal Judge shall cause the Court Clerk to prepare,
within the first ten (10) days of every month, a report indicating
the following:
A list of all cases heard or tried before the Judge during the
preceding month, giving in each case the name of the defendant, the
fine imposed if any, the amount of costs, the names of defendants
committed, and the cases in which there was an application for trial
de novo, respectively. The Court Clerk or the Judge shall verify such
lists and statements by affidavit and shall file the same with the
City Clerk who shall lay the same before the Board of Aldermen of
the City for examination at its first (1st) session thereafter. The
Municipal Court shall, within the ten (10) days after the first (1st)
of the month, pay to the Municipal Treasurer the full amount of all
fines collected during the preceding month, if not previously paid
to the Municipal Treasurer.
The Municipal Judge shall be a conservator of the peace. 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 keep such
other records as may be required. Such docket and records shall be
records of the Circuit Court of Greene County. The Municipal Judge
shall deliver said docket, records and all books and papers pertaining
to his/her office to his/her successor in office or to the Presiding
Judge of the Circuit.
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 Section
479.050, RSMo.
2.
Administer oaths and enforce due obedience to all orders, rules and
judgments made by him/her and may fine and imprison for contempt committed
before him/her while holding Court in the same manner and to the same
extent as a Circuit Judge.
3.
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.
The Municipal Judge shall have such other powers, duties and privileges
as are or may be prescribed by the laws of this State, this Code or
other ordinances of this City.
The Municipal Judge for the City of Strafford shall be paid
a sum as fixed by ordinance from time to time.
All prosecutions for the violation of municipal ordinances shall
be instituted by information and may be based upon a complaint. Proceedings
shall be in accordance with the supreme court rules governing practice
and procedure in proceedings before Municipal Judges.
Should the Municipal Judge determine that there shall be a Violations
Bureau, the City shall provide all expenses incident to the operation
of the same.
All warrants issued by a Municipal Judge shall be directed to
the City Marshal, Chief of Police or any other Police Officer of the
municipality or to the Sheriff of the County. The warrants shall be
executed by the Marshal, Chief of Police, Police Officer or Sheriff
at any place within the limits of the County and not elsewhere, unless
the warrants are endorsed in the manner provided for warrants in criminal
cases and, when so endorsed, shall be served in other Counties as
provided for in warrants in criminal cases.
The City Marshal, Chief of Police or other Police Officer of
the City may, 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.
Any person charged with a violation of a municipal ordinance
of this City shall be entitled to a trial by jury as in prosecutions
for misdemeanors before an Associate Circuit Court Judge. Whenever
a defendant accused of a violation of a municipal ordinance has a
right to and demands such trial by jury, the Municipal Court shall
certify the case to the Presiding Judge of the Circuit Court for reassignment.
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 Judge hearing violations of the City's
ordinances. The salary or fees of the attorney and his/her necessary
expenses incurred in such prosecutions shall be paid by the City.
The compensation of such attorney shall not be contingent upon the
number of cases tried, the number of guilty verdicts reached, or the
amount of fines imposed or collected.
It shall be the duty of the Municipal Judge to summon all persons
whose testimony may be deemed essential as witnesses at the 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 Court 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.
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.
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 municipality
shall pay the board of such prisoner at the same rate as may now or
hereafter be allowed by law to such Sheriff for the keeping of other
prisoners in his/her custody. The same shall be taxed as cost.
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.
In any case tried before the Municipal Judge, 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
Court Judge or upon assignment before an Associate Circuit Court 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.
In any case tried with a jury before an Associate Circuit Judge,
a record of the proceedings shall be made, and appeals may be had
upon that record to the appropriate Appellate Court.
In the case of a breach of any recognizance entered into before
a Municipal Judge or an Associate Circuit Court Judge hearing a municipal
ordinance violation case, the same shall be deemed forfeited and the
Judge shall cause the same to be prosecuted against the principal
and surety, or either of them, in the name of the municipality as
plaintiff. Such action shall be prosecuted before a Circuit Court
Judge or Associate Circuit Court Judge, and in the event of 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 Municipal Treasury
to the General Revenue Fund of the municipality.
A Municipal Judge shall be disqualified to hear any case in
which he/she is in any way interested or, if before the trial is commenced,
the defendant or the prosecutor files an affidavit that the defendant
or the municipality, as the case may be, cannot have a fair and impartial
trial by reason of the interest or prejudice of the Judge. Neither
the defendant nor the municipality shall be entitled to file more
than one (1) affidavit or disqualification in the same case.
A.
If a Municipal Judge be absent, sick or disqualified from acting, the Mayor of the Board of Aldermen may request the Presiding Judge of the Circuit Court to designate a special Municipal Judge as provided in Subsection (B) of this Section or the Mayor may designate some competent, eligible person to act as Municipal Judge until such absence or disqualification shall cease; provided however, that should a vacancy occur in the office of an elected Municipal Judge more than six (6) months before a general municipal election, then a special election shall be held to fill such vacancy; and in case of vacancy in the office of an elected Municipal Judge within less than six (6) months of a general municipal election, the office may be filled by a competent, eligible person designated by the Mayor of the Board of Aldermen or as provided in Subsection (B) of this Section.
B.
The
Presiding Judge of the Circuit Court may appoint any other Municipal
Judge within the Circuit to act as a special Municipal Judge for a
Municipal Judge of the Circuit who is absent, sick or disqualified
from acting. The Presiding Judge shall act only upon request of the
Mayor of the Board of Aldermen for a special Municipal Judge.
C.
The
Governing Body of the municipality shall provide by ordinance for
the compensation of any person designated to act as Municipal Judge
under the provisions of this Section.
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 Strafford 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.
[Ord. No. 616 §1, 12-1-2008; Ord. No. 777 §1, 9-6-2016]
A.
Scope And Application Of Warrant. Upon application to the Strafford
Municipal Court, and a showing of probable cause, the Court may approve
the issuance of an administrative search warrant allowing inspection
of private property in order to enforce the City's Code and in
order to abate such conditions.
B.
Application For Warrant.
1.
Any individual responsible for enforcement of the City's
Code provisions concerning property may motion the Court through the
City Attorney for permission to enter said property in order to enforce
the City's Codes and to abate conditions that are in violation
of such Codes.
2.
The warrant application shall:
a.
Be in writing and filed with the Municipal Court.
b.
Include a statement of probable cause, detailing the actual
or suspected property conditions that justify entry.
c.
Identify the property or place to be entered, searched, inspected,
or seized so that it is of sufficient detail and particularity that
the Court and any officer executing the warrant could readily ascertain
it. The request shall include that said property is within the City
limits.
d.
Include the date and time that entry into said property was
refused, and who was present when the refusal took place. If no responsible
person could be located, the application must list all efforts made
to request consent.
e.
State specifically what sections of the City's Codes are
believed to be violated by the property in question and are sought
to be enforced.
f.
Include copies of the Code in question.
g.
State specifically the time and date requested to perform search,
which shall be during daylight hours.
h.
Be verified by oath or affirmation of the applicant, and be
signed by the applicant and the City Attorney.
i.
State the time and date of making the application.
j.
State the facts sufficient to show probable cause for the issuance
of an administrative search warrant in accordance with the procedure
outlined in this Section to warrant:
k.
Where the application requests entry to seize property, such
application shall also state facts sufficient to show that any required
due process has been afforded prior to the entry or seizure.
l.
Such application may also be supplemented by written affidavit.
C.
Issuance Of Warrant - Hearing And Procedure.
1.
The Municipal Judge shall hold a nonadversary hearing to determine
whether probable cause exists to inspect or search for violations
of any Codes, or to enforce any such Code.
2.
In doing so, the Municipal Judge shall determine whether the
action to be taken by the officer 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 ordinances or Code sections and the passage
of time since the property's last inspection. The standard for
issuing a warrant need not be limited to actual knowledge of an existing
violation of an ordinance or Code section.
3.
If it appears from the application and any supporting affidavit
that there is probable cause to inspect or search for violations of
any relevant Code section, or to enforce any such Code section, a
search warrant shall immediately be issued.
4.
The warrant shall issue in the form of an original and two copies.
The application, any supporting affidavit, and one (1) copy of the
administrative search warrant (as issued) shall be retained in the
Municipal Court records.
D.
Contents Of Warrant. The warrant shall:
1.
Be in writing and in the name of the City.
2.
Be directed to the police officer who will accompany and execute
the warrant with the code official.
3.
State the time and date that the warrant was issued.
4.
Identify the location or property in sufficient detail and particularity
that the officer executing the warrant can readily ascertain it.
5.
Command that the described property or places be searched or
entered upon, and that any evidence of any City Code violations found
therein or thereon, or any property seized pursuant thereto, or a
description of such property seized, be returned within ten (10) days
after filing of the application to the Municipal Judge who issued
the warrant, or his/her Municipal Court Clerk, so such evidence, property,
or description of such property may be dealt with according to law.
6.
Include the Code sought to be enforced along with a copy therewith.
The warrant shall include a return and inventory form for the applicant
to return to the court after the completion of the search.
7.
Specify the service conditions of the warrant, including that
service is to take place during daylight hours and within ten (10)
days of application.
8.
Be signed by the Municipal Judge, with his/her office title
indicated.
E.
Execution And Return.
1.
The warrant shall be executed by a City police officer, to be
accompanied by the applicant officer, upon the property in question
as soon as practicable and in the most reasonable and practicable
manner as possible.
2.
A copy of the warrant shall be provided to the owner or occupant
of the property entered, and, if no owner or occupant can be reached,
the warrant shall be conspicuously placed upon the property in lieu
of personal service.
3.
If any property is seized incident to the entry, the officer
shall prepare and give the person an itemized receipt for the property
in question. If no such person is present, the receipt shall be left
in a conspicuous place. Copies of this receipt shall be forwarded
to the Court Clerk of the Municipal Court, as well as the City Attorney.
4.
The disposition of property seized shall be in accordance with
the provisions of this Section and taken as evidence. Such property
shall be disposed of pursuant to § 542.301 RSMo. and relevant
provisions of this Code.
5.
The officer may summon as many persons as he deems necessary
to assist in executing the warrant.
6.
The warrant shall expire if not acted upon within ten (10) days
of its application.
7.
After execution, a return signed by the officer executing the
warrant shall be delivered to the Municipal Court and shall include
the following:
a.
The time and place of execution, including upon whom service
was made.
b.
A report of the search and any seizure accompanying the warrant.
This shall include an itemized receipt of any items seized, and copies
of any photographs or recordings made.
c.
The return shall be made immediately after the warrant execution.
d.
The Court shall provide, upon written request made in person,
a copy of the return to the owner of the property entered or seized.
