City of Lake Saint Louis, MO Article I General Provisions

Section 130.010 Court Established.

[Ord. No. 4443, 12-19-2022]

A. There is hereby established in this City a Municipal Court, to be known as the "Lake Saint Louis Municipal Court, a division of the 11th 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."

1. Section 70.220, RSMo., authorizes municipalities to contract and cooperate with each other for common service, such as Municipal Courts.

2. The City of Lake Saint Louis has determined it is in its best interests to contract with the City of O'Fallon for Court services pursuant to the Municipal Court services contract adopted by Ord. No. 4410 which goes into effect January 1, 2023.

Section 130.020 Jurisdiction.

[CC 1988 §72.020]

The jurisdiction of the Municipal Court shall extend to all cases involving alleged violations of the ordinances of the City.

Section 130.030 Selection of Judge.

[CC 1988 §72.030; Ord. No. 4443, 12-19-2022[1]]

The Judge of the City's Municipal Court shall be known as a Municipal Judge of the Eleventh Judicial Circuit Court, and he/she shall be appointed to his/her position by the Mayor, subject to the confirmation by a majority of the Board of Aldermen, for a term as specified herein.

[1] Editor's Note: As long as the City is under contract with the City of O'Fallon for court services, the selection of a Municipal Judge will be done pursuant to the Municipal Court services contract to be in line with the O'Fallon Municipal Judge. All other regulations regarding the Municipal Court management, while under said contract for services, including regulations regarding Court administration, records, Court Clerk, etc., shall be held from repeal but not in effect as the Court administration will be managed by the City of O'Fallon. The only Sections that will continue in effect while under contract for Court services are Sections 130.010 and 130.130, regarding the Prosecuting Attorney, which the contract states the City of Lake Saint Louis shall continue to provide for prosecution of its cases and Article II, Court Costs, which has been revised to reflect the court costs as set out in the O'Fallon Municipal Code.

Section 130.040 Term of Office.

[CC 1988 §72.040]

The Municipal Judge shall hold his/her office for a term 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.

Section 130.050 Vacation of Office.

[CC 1988 §72.050]

A. The Municipal Judge shall vacate his/her 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,

2. Upon attaining his/her seventy-fifth (75th) birthday,

3. If he/she should lose his/her license to practice law within the State of Missouri,

4. Dismissal by the Mayor with a two-thirds (2/3) approval of the Board of Aldermen, or

5. Two-thirds (2/3) of the Board of Aldermen independently of the Mayor.

Section 130.060 Qualifications For Office.

[CC 1988 §72.060]

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 must be a resident of the State of Missouri.

3. He/she must be between the ages of twenty-one (21) and seventy-five (75) years.

4. He/she may serve as 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.

Section 130.070 Superintending Authority.

[CC 1988 §72.070]

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.

Section 130.080 Report To Board of Aldermen.

The Municipal Judge shall cause the Court Clerk to prepare, within the first (1st) 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.

Section 130.090 Docket and Court Records.

[CC 1988 §72.090]

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 Eleventh Judicial Circuit. The Municipal Judge shall deliver the docket and records of the Municipal Court, and all books and papers pertaining to his/her office, to the Presiding Judge of the Circuit upon demand.

Section 130.100 Municipal Judge — Power and Duties, Generally.

[CC 1988 §72.100; Ord. No. 1481 §1, 1-17-2000]

A. The Municipal Judge shall be and is hereby authorized to:

1. Establish a Violation Bureau as provided for in the Missouri Rules of Practice and Procedure in Municipal and Traffic Courts and Section 479.050, RSMo., and cause to be posted a schedule of fines for offenses qualified to be handled under this Section plus Court costs.

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. Commute the term of any sentence, stay execution of any fine or sentence, suspend any fine or sentence and to 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. Any and all rules made or adopted hereunder may be annulled or amended by an ordinance limited to such purpose; provided that such ordinance does not violate or conflict with the provisions of the Missouri Rules of Practice and Procedure in Municipal and Traffic Courts or State Statutes.

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 ordinance of this City.

Section 130.110 Issuance and Execution of Warrants.

[CC 1988 §72.110]

All warrants issued by a Municipal Judge shall be directed to the Chief of Police or any other Police Officer of the municipality or to the Sheriff of the County. The warrant shall be executed by the Chief of Police, any Police Officer or by the Sheriff any place within the limits of St. Charles 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.

Section 130.111 Administrative Warrant Authority; Procedures. [1]

[Ord. No. 3443 §1, 8-17-2015]

A. The Municipal Judge shall have authority to issue administrative search warrants for searches or inspections to determine the existence of violations of any of the provisions of the Code of Ordinances. The Municipal Judge shall also have authority to issue warrants for the entry onto property to seize property or to otherwise enforce any of the provisions of the Code of Ordinances.

B. Administrative warrants and searches or inspections made pursuant thereto shall conform to and be governed by the following provisions:

1. Any police officer, deputy, code enforcement official or prosecuting attorney of the City may make application for the issuance of an administrative warrant.

2. The application shall:

a. Be in writing, given by any police officer, deputy, code enforcement official or prosecuting attorney of the City;

b. State the time and date of the making of the application;

c. Identify the property or places to be entered searched or seized in sufficient detail and particularity that the officer executing the administrative warrant can readily ascertain it;

d. State facts sufficient to show probable cause for the issuance of an administrative search warrant to search for violations of this Code of Ordinances or to show that entry or seizure is authorized by this Code and that due process has been afforded prior to the entry or seizure;

e. Be verified by the oath or affirmation of the applicant; and

f. Be filed in the Municipal Division of the St. Charles County, Missouri, Circuit Court.

3. The application shall be supplemented by written affidavits verified by oath or affirmation. Such affidavits shall be considered in determining whether there is probable cause for the issuance of the administrative warrant and in filling out any deficiencies in the description of the property or places to be entered or searched. Oral testimony shall not be considered.

4. The Judge shall determine whether sufficient facts have been stated to justify the issuance of an administrative warrant; if it appears from the application and any supporting affidavits that there is probable cause to inspect or search for violations of this Code, or that entry or seizure is authorized by this Code, an administrative warrant shall immediately be issued to allow such search, entry or seizure. The administrative warrant shall be issued in the form of an original and two (2) copies.

[Ord. No. 4472, 3-20-2023]

5. The application and any supporting affidavits and a copy of the administrative warrant shall be retained in the records of the Municipal Judge.

6. The administrative warrant shall:

a. Be in writing and in the name of the issuing authority;

b. Be directed to any police officer, deputy or code enforcement official of the City;

c. State the time and date the administrative warrant is issued;

d. Identify the property or places to be searched, entered or seized in sufficient detail and particularity that the officer executing the warrant can readily ascertain it;

e. In the case of an administrative search warrant, command that the described property or places be searched and that any photographs of violations found thereon or therein be brought, within ten (10) days after filing of the application, to the Judge who issued the administrative warrant, to be dealt with according to law; and

f. Be signed by the Municipal Judge, with his title of office indicated.

7. An administrative warrant issued under this Section may be executed only by a police officer, deputy or code enforcement official of the City. The administrative warrant shall be executed by conducting the search or entry or seizure commanded.

8. An administrative warrant shall be executed as soon as practicable and shall expire if it is not executed, and the return made, within ten (10) days after the date of the making of the application.

9. After its execution, the administrative warrant, with a return thereon signed by a police officer, deputy or code enforcement official of the City who made the search, entry or seizure, shall be delivered to the Judge who issued the administrative warrant. The return shall show the date and manner of execution and the name of the possessor and of the owner of the property or places searched, entered or seized, when the possessor is not the same person as the owner.

10. An administrative warrant shall be deemed invalid:

a. If it was not issued by a Judge of the Municipal Division of the St. Charles County, Missouri, Circuit Court; or

b. If it was issued without a written application having been filed and verified; or

c. If it was issued without probable cause; or

d. If it was not issued with respect to property or places within the City; or

e. If it does not describe the property or places to be searched, entered or seized with sufficient certainty; or

f. If it is not signed by the Judge who issued it; or

g. If was not executed within the time prescribed by Subsection (B)(8) of this Section.

[1] Note: See Footnote at Section 130.030 regarding administration of Court while under contract for Court services.

Section 130.120 Arrests Without Warrants.

[CC 1988 §72.120]

The Chief of Police or other Police Officer of the City may, without 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.

Section 130.130 Duties of The Prosecuting Attorney.

[CC 1988 §72.130]

It shall be the duty of an attorney designated by the City of Lake Saint Louis to prosecute the 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 result in any case.

Section 130.140 Summoning of Witnesses.

[CC 1988 §72.140]

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 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.

Section 130.150 Transfer of Complaint To Associate Circuit Judge.

[CC 1988 §72.150]

If, in the progress of any trial before a 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 Judge within the County.

Section 130.160 Trial By Judge or Jury.

[CC 1988 §72.160; Ord. No. 1519 §1, 6-19-2000]

Any person charged with the violation of an ordinance of the City of Lake Saint Louis shall have a trial by the Municipal Judge unless a demand for jury trial is made in which case the Municipal Judge shall certify the case for assignment. The demand for trial by jury and the certification for assignment shall be governed by Chapter 517, RSMo., and Supreme Court Rule 37.61.

Section 130.170 Jailing of Defendants.

[CC 1988 §72.170]

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 such prisoner in his/her custody. The same shall be taxed as cost.

Section 130.180 Parole and Probation.

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:

1. Restitution to the victim or any dependent of the victim in an amount to be determined by the Judge; and

2. The performance of a designated amount of free work for a public or charitable purpose, or purposes, as determined by the Judge.

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.

Section 130.190 Right of Appeal and Stay of Execution.

[CC 1988 §72.190; Ord. No. 1519 §2, 6-19-2000]

The defendant shall have a right to a trial de novo as provided by law except where there has been a plea of guilty before a Municipal Judge, or the case has been tried with a jury before a Circuit Judge or any Associate Circuit Judge. The filing of an application for trial de novo or review shall suspend the execution of the judgment of the Municipal Division. If the applicant for trial de novo withdraws the application or, before the commencement of trial, the Court enters a finding that the applicant abandoned the trial de novo, the case shall be remanded to the Municipal Division for execution of the judgment pursuant to Supreme Court Rules 37.71, 37.72.

Section 130.200 Appeal From Jury Verdicts.

[CC 1988 §72.200]

In all cases in which a jury trial has been demanded, a record of the proceedings shall be made, and appeals may be had upon that record to the appropriate Appellate Court.

Section 130.210 Breach of Recognizance, Bond Forfeitures.

[CC 1988 §72.210]

In the case of a breach of any recognizance entered into before a Municipal Judge or an Associate Circuit 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 Judge or Associate Circuit 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 the municipal Treasury to the General Revenue Fund of the municipality.

Section 130.220 Disqualification of Municipal Judge From Hearing Particular Case.

[CC 1988 §72.220]

A Municipal Judge shall be disqualified to hear any case in which he/she is anywise 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. If a Municipal Judge is disqualified or disqualifies himself/herself from serving in a particular case, he/she shall promptly notify the Presiding Judge of the Circuit of such disqualification.

Section 130.230 Absence of Judge — Procedure.

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 Board of Aldermen shall provide by ordinance for the compensation of any person designated to act as Municipal Judge under the provisions of this Section.

Section 130.240 Clerk of The Municipal Court.

[CC 1988 §72.240; Ord. No. 1481 §2, 1-17-2000]

A. The duties of the Clerk shall be as follows:

1. To collect such fines for violations of such offenses as may be prescribed, and the Court costs thereof, and maintain such records as required.

2. To take oaths and affirmations.

3. To accept signed complaints and allow the same to be signed and sworn to or affirmed before him/her.

4. Sign and issue subpoenas requiring the attendance of witnesses and sign and issue subpoenas duces tecum.

5. Accept the appearance, waiver of trial and plea of guilty and payment of fine and costs in Violation Bureau cases or as directed by the Municipal Judge; generally, act as Violation Clerk of the Violation Bureau.

6. Report to the Director of Revenue, State of Missouri, the names, addresses and the driver's license number with the name of the State issuing same of all persons who have pleaded guilty to or have had a final judgment rendered on a moving traffic violation(s).

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 ordinance of the City which shall constitute prima facie evidence of such ordinance before the Court.