[R.O. 2011 §135.010; Ord. No. 2841 §1, 11-8-1978]
The City of Trenton, Missouri, a City of the Third Class, hereby
elects to have all violations of its municipal ordinances heard and
determined by an Associate Circuit Judge of the Circuit Court of Grundy
County, Missouri, the County in which the City of Trenton is located.
[R.O. 2011 §135.020; Ord. No. 2841 §2, 11-8-1978]
The Division of the Circuit Court of Grundy County, Missouri,
which hears and determines violations of the ordinances of the City
of Trenton shall be known as the "Municipal Division of the Circuit
Court of Grundy County, Missouri."
[R.O. 2011 §135.030; Ord. No. 3049 §1, 8-25-1982; Ord. No. 2017-9, 2-27-2017]
The Associate Circuit Judge may establish a Violations Bureau in the City of Trenton, and shall establish such a Bureau when a request therefore is made by the City Council of the City of Trenton. The Violations Bureau shall operate under the supervision of the Circuit Court and the Associate Circuit Judge hearing and determining violations of the ordinances of the City of Trenton, and shall be operated in accordance with the rules of the Supreme Court and the rules of the Circuit Court. The Violations Bureau shall be located in the Grundy County Courthouse. The Violations Bureau shall accept pleas of guilty to certain violations of traffic ordinances designated by the Associate Circuit Judge and Court costs assessed on said pleas of guilty. Court costs shall be assessed as provided in Section 135.070.
The City of Trenton, Missouri, elects to have the Circuit Clerk
and the deputies of the Grundy County Circuit Court serve as the clerk
of the Municipal Division of the Circuit Court of Grundy County. The
clerk may also serve as clerk in the Traffic Violations Bureau. All
municipal ordinance cases shall be maintained by the Grundy County
Circuit Court and the State Judicial Information System.
[1]
Editor's Note: Ord. No. 2017-10 also removed "Bond" from the
title of this Section.
[R.O. 2011 §135.050; Ord. No. 2841 §5, 11-8-1978]
At such times as the Associate Circuit Judge is hearing and
determining violations of the ordinances of the City of Trenton, the
Chief of Police or any member of the City Police Department shall
serve as bailiff to the Court.
[R.O. 2011 §135.060; Ord. No. 2841 §6, 11-8-1978]
The Associate Circuit Judge may hear and determine violations
of the ordinances of the City in a Courtroom provided by the County
or, at the request of the Associate Circuit Judge, the City shall
provide a suitable Courtroom in which to hold Court.
[R.O. 2011 §135.070; Ord. No. 3049 §2, 8-25-1982; Ord. No. 96-59 §1, 12-11-1996; Ord. No. 01-32 §1, 9-24-2001; Ord. No. 04-21 §1, 5-10-2004; Ord. No. 08-06 §1, 2-25-2008; Ord. No. 2013-31 §1, 8-26-2013; Ord. No. 2015-51 §1, 8-10-2015; Ord. No. 2021-29, 8-9-2021]
A.
In cases of violations of ordinances of the City submitted to, heard
and determined by an Associate Circuit Judge, Court costs shall be
assessed by the Associate Circuit Judge in the amount of fifteen dollars
($15.00) per case. In addition, the Judge shall assess the sum of
two dollars ($2.00) special Court costs for each violation of an ordinance
of the City; provided, however, that no such special Court costs shall
be assessed for non-moving traffic violations and violation of ordinances
pertaining to the regulations of fish and game. The special Court
costs shall be used for training Law Enforcement Officers. In the
event a defendant pleads guilty or is found guilty, the Judge shall
assess the Court costs aforesaid against the defendant, except in
those cases where the defendant is found by the Judge to be indigent
and unable to pay the costs. In the event a defendant is acquitted,
or the case is dismissed, the Judge shall not assess costs against
the City. The costs authorized in this Section are in addition to
service cost, witness fees and jail costs that may otherwise be authorized
to be assessed but are in lieu of other Court costs. Such costs shall
be collected by the Clerk of the Municipal Division of the Circuit
Court or as provided by the Court rule.
B.
Crime Victims' Compensation. The official of the Municipal Court
responsible for collection of Court costs and fines may assess as
additional Court costs seven dollars fifty cents ($7.50) for each
Court proceeding filed for violation of the ordinances of the City
of Trenton, provided that no such fees shall be collected for non-moving
traffic violations, and no such fee shall be collected in any proceeding
in such Court when the proceeding or defendant has been dismissed
by the Court. The Court Clerk shall remit seven dollars thirteen cents
($7.13) to the State Department of Revenue and thirty-seven cents
($0.37) to the City Treasurer.
C.
Alcohol- And Drug-Related Traffic Offenses. 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 offense or amended
alcohol- or drug-related 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 Trenton Police Department and filed with the Clerk
of the Municipal Court, and the Court may impose costs in accordance
with the schedule, provided that the Court may order the costs reduced
in a case if the Court determines the costs are excessive.
D.
Domestic Violence Shelter Surcharge. The Municipal Court Judge shall
assess an additional domestic violence shelter surcharge in the amount
of four dollars ($4.00). The official of the Municipal Court responsible
for collection of Court costs and fines shall collect the additional
Court costs and promptly dispense them no less than monthly to the
City of Trenton. The City of Trenton shall use the proceeds of these
additional Court costs only for the purpose of providing operating
expenses for shelters for victims of domestic violence that are qualified
under State law to receive the proceeds of the additional costs.
E.
When there is an application for trial de novo there shall be an
additional fee of thirty dollars ($30.00) which shall be assessed
as Court costs.
F.
Police Officer Training Fee. A fee of three dollars ($3.00) is hereby
established and assessed as additional Court costs in each Court proceeding,
except that no such fee shall be collected when the proceedings against
the defendant have been dismissed.
1.
Two dollars ($2.00) of each such Court cost shall be transmitted
monthly to the Treasurer of the City and used to pay for Police Officer
training as provided by Sections 590.100 to 590.180, RSMo. The City
shall not retain for training purposes more than one thousand five
hundred dollars ($1,500.00) of such funds for each certified Law Enforcement
Officer or candidate for certification employed by the City. Any excess
funds shall be transmitted quarterly to the City's General Fund.
2.
One dollar ($1.00) of each such Court cost shall be sent to
the State Treasury to the credit of the Peace Officers Standards and
Training Commission Fund created by Section 590.178, RSMo.
G.
Court Automation Fee. A court automation fee of seven dollars ($7.00)
is assessed for all cases, except if the case or defendant is dismissed,
or when costs are to be paid by the State, County or municipality
on behalf of an indigent defendant. The funds shall be submitted to
the Missouri Department of Revenue using the form called the "Uniform
Disbursement Record."
H.
Biometric Verification System. A surcharge of two dollars ($2.00)
shall be assessed as costs in each Court proceeding filed in the City
of Trenton's Municipal Court in all matters filed in said Municipal
Court for violation of a municipal ordinance to provide biometric
verification systems. Upon the installation of the biometric verification
systems, funds in the Inmates' Security Fund may be used for the maintenance
of the biometric verification system and to pay for any expenses related
to custody, housing and other expenses for prisoners. The City shall
deposit funds generated by the surcharge into the Inmate Security
Fund.
[R.O. 2011 §135.080; Ord. No. 2841 §8, 11-8-1978]
In cases of violations of ordinances of the City submitted to, heard and determined before an Associate Circuit Judge, all fines shall be paid to and deposited at least monthly into the City Treasury and all Court costs shall be accounted for and remitted to the State Treasury in the same manner as provided by law for costs in misdemeanor or ordinance violation cases. However, costs assessed in cases processed by the Violations Bureau shall be paid into the City Treasury as provided in Section 135.030.
[R.O. 2011 §135.090; Ord. No. 2841 §9, 11-8-1978]
The Supreme Court by administrative rule may provide for uniform
procedure, and reporting forms for the collection and transmittal
of fines and costs. Until modified or otherwise provided by such administrative
rule, the Associate Circuit Judge hearing and determining violations
of City ordinances, shall cause the Clerk of the Municipal Division,
within the first ten (10) days of every month, to make out a list
of all the 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 application for trial de novo, respectively.
Such Clerk or the Judge shall verify such lists and statements by
affidavit, and file the same forthwith with the Clerk of the City.
The official collecting fines, shall, within the ten (10) days aforesaid,
pay to the City Treasurer the full amount of all fines collected by
him/her during the preceding month if not previously paid to the City
Treasurer.
[R.O. 2011 §135.100; Ord. No. 2841 §10, 11-8-1978]
All prosecutions for the violations of the City ordinances shall
be instituted by information and may be based upon a complaint. Proceedings
shall be in accordance with the Supreme Court Rule governing practices
and procedure in proceedings before Municipal Judges.
[R.O. 2011 §135.110; Ord. No. 2841 §11, 11-8-1978; Ord. No. 05-24 §1, 7-25-2005]
A.
Search Warrant Defined — Who May Issue, Execute.
1.
A "search warrant" is a written order of the Municipal
Judge commanding the search or inspection of any property, place or
thing and the seizure, photographing, copying or recording of property
or physical conditions found thereon or therein to determine or prove
the existence of violations of any ordinance or Code Section of the
Trenton City Code relating to the use, condition or occupancy of property
or structures located within the City of Trenton or to enforce the
provisions of any such ordinance or Code Section.
2.
The Municipal Judge having original and exclusive jurisdiction to
determine violations against the ordinances of the municipality may
issue search warrants when:
a.
The property or place to be searched or inspected or the thing to
be seized is located within the City of Trenton at the time of the
making of the application; and
b.
The owner or occupant of the property or place to be searched or
inspected or the thing to be seized has refused to allow same after
official request by the Chief of Police, Police Officer, Sheriff or
any Code Enforcement Officer.
3.
Any such warrant shall be directed to the Chief of Police or any
other Police Officer, Code Enforcement Officer or Sheriff and shall
be executed by the Chief of Police or said Police Officer, Code Enforcement
Officer or Sheriff within the Trenton City limits and not elsewhere.
B.
Who May Apply For Warrant — Contents Of Application.
1.
The Chief of Police, any Police Officer or a Code Enforcement Officer
of the City of Trenton may make application to the Municipal Judge
for the issuance of search 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 has been requested to allow
such action and has refused to allow such action or state the owner
or occupant is unavailable or unable to give consent;
e.
State facts sufficient to show probable cause for the issuance of a search warrant, as provided in Subsection (C)(1) hereof, 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 that
any required 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. Sworn oral testimony may be
considered in the discretion of the Judge. Unsworn oral testimony
shall not be considered.
C.
Hearing And Procedure — Contents Of Warrant — Execution
And Return.
1.
Hearing and procedure.
a.
The Municipal Judge shall hold a non-adversary hearing to determine
whether probable cause exists to inspect or search for violation of
any ordinance or Code Section or to enforce any such ordinance or
Code Section.
b.
In doing so the Municipal Judge shall determine whether the action
to be taken by the applicant 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 ordinance or Code Section 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.
c.
If it appears from the application and any supporting affidavit that
there is probable cause to inspect or search for violations of any
ordinance or Code Section or to enforce any such ordinance or Code
Section, a search warrant shall immediately be issued.
d.
The warrant shall issue in the form of an original and two (2) copies.
The application, any supporting affidavit and one (1) copy of the
warrant as issued shall be retained in the records of the Municipal
Court.
2.
Contents of search warrant. The search warrant shall:
a.
Be in writing and in the name of the City of Trenton;
b.
Be directed to the Chief of Police, any Police Officer, any Code
Enforcement Officer or Sheriff in the City of Trenton;
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 that the officer executing
the warrant can readily ascertain it;
e.
Command that the described property or places be searched or entered
upon and that any evidence of any ordinance 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,
to be dealt with according to law;
f.
Be signed by the Judge, with his/her title of office indicated.
3.
Execution and return. A search warrant issued under
this Section shall be executed by the Chief of Police, any Police
Officer, any Code Enforcement Officer or Sheriff, provided however,
that one (1) or more designated City of Trenton officials may accompany
the officer and the warrant shall be executed in the following manner:
a.
The warrant shall be executed by conducting the search, inspection,
entry or seizure as commanded and shall be executed as soon as practicable
and in a reasonable manner.
b.
The officer shall give the owner or occupant of the property searched,
inspected or entered upon a copy of the warrant.
c.
Seizure of any property:
(1)
If any property is seized incident to the search, 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 in a conspicuous place.
(2)
A copy of the itemized receipt of any property taken shall be
delivered to owner or occupant within two (2) working days of the
search, if such owner or occupant can be located after a good faith
attempt.
(3)
The disposition of property seized pursuant to a search warrant
under this Section shall be in accordance with an applicable ordinance
or Code Section, but in the absence of same, then with Section 542.301,
RSMo.
d.
The officer may summon as many persons as he/she deems necessary
to assist him/her in executing the warrant and such persons shall
not be held liable as a result of any illegality of the search and
seizure.
e.
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 or
she would be justified in using if the warrant were valid.
f.
A search warrant shall expire if it is not executed and the required
return made within ten (10) days after the date of the making of the
application.
g.
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.
h.
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.
i.
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.
j.
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.
[R.O. 2011 §135.120; Ord. No. 2841 §12, 11-8-1978]
The Chief of Police or other Police Officer of the City shall,
without a warrant, make arrests of any person who commits an offense
in his/her presence, but such officer shall, before the trial, file
a written complaint with the Associate Circuit Judge hearing violations
of City ordinances.
[R.O. 2011 §135.130; Ord. No. 2841 §13, 11-8-1978]
The City Attorney or City Counselor is hereby designated by
the City to prosecute the violations of the ordinances of the City
before the Associate Circuit Judge hearing the violations of the ordinances
of the City. The salary or fees of the attorney or counselor and his/her
necessary expenses incurred in such prosecutions shall be paid by
the City.
[R.O. 2011 §135.140; Ord. No. 2841 §14, 11-8-1978]
Any person charged with the violation of an ordinance of the
City shall be entitled to a trial by jury, as in prosecutions for
misdemeanors before an Associate Circuit Judge.
[R.O. 2011 §135.150; Ord. No. 2841 §15, 11-8-1978]
In any trial for the violation of an ordinance of the City,
all issues of fact shall be tried by the Judge except where trial
by jury is authorized by law and the defendant or his/her attorney
requests a jury trial.
[R.O. 2011 §135.160]
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.
[R.O. 2011 §135.170; Ord. No. 2841 §17, 11-8-1978]
In any case tried 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. In any case tried
with a jury before an Associate Circuit Judge a record shall be made
and appeals may be had upon that record to the appropriate Appellate
Court. The record shall be kept in a manner provided by State law
or Supreme Court rule.
[R.O. 2011 §135.180; Ord. No. 2841 §18, 11-8-1978]
In case of a breach of any recognizance entered into before
an Associate Circuit Judge hearing violations of the ordinances of
the City, 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 City of Trenton as plaintiff. Such action
shall be prosecuted before a Circuit Judge or Associate Circuit Judge.
All monies recovered in such action shall be paid over to the City
Treasury to the General Revenue Fund of the City.
When a fine is assessed for violation of an ordinance, it shall
be within the discretion of the Associate Circuit Judge to provide
for the payment of the fine on an installment basis under such terms
and conditions as he/she may deem appropriate.
[1]
Editor’s Note: Ord. No. 2017-5 also changed the title
of this Section from “Fine – Installments Allowed –
Commuted To Imprisonment” to ““Fine – Installments
Allowed.”
[R.O. 2011 §135.200; Ord. No. 2841 §20, 11-8-1978]
In the trial of violations of the ordinances of the City, a
copy of a City ordinance which is certified by the Clerk of the City
shall constitute prima facie evidence of such ordinance. If such certified
copy is on file with the Clerk of the Municipal Division and readily
available for inspection by the parties, the Judge may take judicial
notice of such ordinance without further proof.
