[Editor's Note: Former Ch. 17, Municipal Court, was repealed
12-12-2023 by Ord. No. 2023-12, which ordinance shall take effect
and be in full force as of April 1, 2024. Prior history includes Ord.
of 1-2-1973, Ord. No. 93-33, Ord. No. 93-34, Ord. No. 93-36, Ord.
No. 93-41, Ord. No. 94-12, Ord. No. 94-35, Ord. No. 94-36, Ord. No.
94-43, Ord. No. 95-14, Ord. No. 99-50, Ord. No. 2002-41, Ord. No.
2005-46, Ord. No. 2014-26, and Ord. No. 2021-20.]
[Ord. No. 2023-12, 12-12-2023]
An Associate Circuit Judge of the 15th Judicial Circuit located
in Lafayette County, sitting as the Lexington Municipal Judge, shall
hear and determine all alleged violations of the City Code of Ordinances
in accordance with Section 479.040, RSMo.
[Ord. No. 2023-12, 12-12-2023]
All prosecutions for the violation of City ordinances shall
be instituted by information and may be based upon a complaint. Proceedings
shall be in accordance with the Missouri Supreme Court rules governing
practice and procedure in proceedings before municipal judges.
[Ord. No. 2023-12, 12-12-2023]
For violations of City ordinances, all fines shall be paid to
and deposited not less than monthly into the Municipal Treasury of
the City of Lexington. All court costs shall be accounted for and
remitted to the State Treasury in the same manner provided by law
for costs in misdemeanor cases.
[Ord. No. 2023-12, 12-12-2023]
All warrants issued by the Associate Circuit Judge shall be
directed to the Chief of Police, or any other Police Officer of the
City, or to the Sheriff of Lafayette County. The warrants shall be
executed at any place within the limits of Lafayette 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.
[Ord. No. 2023-12, 12-12-2023]
The Chief of Police, or other Police Officer of the City shall,
without a warrant, make arrests of any person who commits any 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.
[Ord. No. 2023-12, 12-12-2023]
It shall be the duty of the City Prosecutor, who is appointed
by the City Council, to prosecute violations of the City's ordinances
before the Associate Circuit Judge hearing such cases. The salary
or fees of the City Prosecutor as well as any necessary expenses incurred
for such prosecutions shall be paid by the City.
[Ord. No. 2023-12, 12-12-2023]
Any person charged with violating an ordinance of the City shall
be entitled to a trial by jury, as in prosecutions for misdemeanors
before an Associate Circuit Judge.
[Ord. No. 2023-12, 12-12-2023]
In any trial for the violation of a City ordinance, all issues
of fact shall be tried by the Associate Circuit Judge except where
trial by jury is authorized by law and the defendant or their counsel
have requested a trial by jury.
[Ord. No. 2023-12, 12-12-2023]
When a defendant accused of a violation of a City ordinances
demands a trial by jury, the Associate Circuit Judge shall certify
the case for assignment to the Circuit Court in the manner provided
in Subsection (2) of Section 517.520, RSMo.
[Ord. No. 2023-12, 12-12-2023]
It shall be the duty of the Associate Circuit Judge to summon
all persons whose testimony may be deemed essential as witnesses at
a trial, and to enforce their attendance by attachment, if necessary.
The fees for 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.
[Ord. No. 2023-12, 12-12-2023]
If, in the progress of any trial before the Associate Circuit
Judge, it shall appear to the Judge that the defendant ought to be
put upon trial for an offense against the criminal laws of the State,
and not for violations of City ordinances, then the Judge shall immediately
stop all further proceedings and cause the complaint to be made before
the Circuit Court of Lafayette County, unless a different Circuit
Court is the proper venue for the proceedings, in which case the Judge
shall cause the complaint to be made in the proper Circuit Court.
[Ord. No. 2023-12, 12-12-2023]
If a City has no suitable and safe place of confinement, a defendant
may be committed to the Lafayette County Jail by the Associate Circuit
Judge, 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 City shall pay the board of such prisoner
at the same rate as may now hereafter be allowed by law to the Sheriff
for the keeping of prisoners.
[Ord. No. 2023-12, 12-12-2023]
A. Any Judge hearing violations of City ordinances may grant probation
or parole to any person who shall plead guilty or who shall be convicted
after a trial before said Judge.
B. In addition to such other authority as exists to order conditions
of probation, the Court may order conditions which it believes will
serve to compensate the victim of the crime, any dependent of the
victim, or society in general. Probation conditions may include, but
need not be limited to, restitution to the victim or any dependent
of the victim, in an amount to be determined by the Associate Circuit
Judge, and the performance of a designated amount of community service
work for a public or charitable purpose, as determined by the Judge.
C. A person may refuse probation conditioned on the performance of community
service work; if refused, the Court shall decide the extent or duration
of sentence or other disposition to be imposed and render judgment
accordingly.
D. The Court may modify or enlarge the conditions of probation at any
time prior to the expiration or termination of the probation term.
[Ord. No. 2023-12, 12-12-2023]
In any case tried before the Associate Circuit Judge, the defendant
shall have a right to a trial de novo before the Circuit Judge or
a different Associate Circuit Judge, assigned at the discretion of
the Presiding Circuit Judge. A defendant must file an application
for a trial de novo within ten (10) days after judgement and the application
shall be filed in such a form and perfected in such a manner as provided
for by the Missouri Supreme Court Rules.
[Ord. No. 2023-12, 12-12-2023]
In case of a breach of any recognizance entered into before
the Associate Circuit Judge hearing a City 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 City as plaintiff. Such action shall be prosecuted
before a Circuit Judge or Associate Circuit Judge. All monies recovered
in such actions shall be paid over to the Municipal Treasury of the
City.
[Ord. No. 2023-12, 12-12-2023]
The Associate Circuit Judge shall be disqualified to hear any
case in which the Judge is in any way interested, or, if before the
trial is commenced, the defendant or the City Prosecutor files an
affidavit that the defendant or the City, 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 City shall be entitled
to file more than one (1) affidavit or disqualification in the same
case.
[Ord. No. 2023-12, 12-12-2023]
When a fine is assessed for violation of an ordinance, it shall
be within the discretion of the Judge assessing the fine to provide
for the payment of the fine on an installment basis under such terms
and conditions as the Judge may deem appropriate.
[Ord. No. 2023-12, 12-12-2023]
In the trial of City ordinance violations, a copy of a City
ordinance which is certified by the City Clerk shall constitute prima
facie evidence of such ordinance. If such certified copy is on file
with the clerk serving the Judge hearing a case and readily available
for inspection by the parties, the Judge may take judicial notice
of such ordinance without further proof.
[Ord. No. 2023-12, 12-12-2023]
A. In all City ordinance violation cases before the Associate Circuit
Judge, costs shall be assessed in each case in an amount to be set
pursuant to Sections 488.010 to 488.020 RSMo. In the event a defendant
pleads guilty or is found guilty, the Judge shall assess costs 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 defendant. The costs authorized in this
Section are in addition to service charges, witness fees, recoupment,
and jail costs that may otherwise be authorized to be assessed, but
are in lieu of other court costs. The costs provided by this Section
shall be collected by the Circuit Clerk or other designated official.
B. The City shall not be required to pay any fees when filing cases
before the Associate Circuit Judge. No fees for the Judge, City Attorney,
or City Prosecutor may be assessed as costs for City ordinance violation
cases.
C. When there is an application for a trial de novo, there shall be
an additional fee in an amount to be set pursuant to Sections 488.010
to 488.020, RSMo., which shall be assessed in the same manner as provided
in this Section.
[Ord. No. 2023-12, 12-12-2023]
A. It shall be unlawful for a defendant to neglect to appear for trial
or judgment, or upon any other occasion when their presence may be
lawfully required before the Associate Circuit Judge according to
the conditions of their recognizance. If a defendant neglects to appear,
then their recognizance may be deemed forfeited by the Judge.
B. The Associate Circuit Judge may direct the issuance of a warrant
for the arrest of any resident of this State, or any non-resident
upon whom process may be served in this State, who fails to appear
and answer a citation or summons lawfully served upon them, and against
whom an information or complaint has been filed by the City Prosecutor
or City Attorney; such warrant may be directed to any Peace Officer
of the State and may be executed in any County in this State. If the
warrant is not executed within thirty (30) days after issue, the Court
shall then place the case in an inactive file or docket subject to
being reopened if thereafter the defendant appears, or such warrant
is executed.
C. If a defendant is not a resident of this State or is not a resident
of the County in which the alleged offense was committed or of any
adjoining County in this State, and fails to appear or answer a traffic
ticket or summons lawfully served upon him and upon which a complaint
or information has been filed within thirty (30) days after the return
date of the ticket or summons, the Court shall mail a notice to the
defendant at the address stated in the complaint or information. The
mailing of the notice in parking cases shall be discretionary with
the Court. If the defendant fails to appear or otherwise answer within
thirty (30) days after the mailing of the notice, or in parking cases
if no notice is mailed within sixty (60) days after the return date
of the ticket or summons, the Court shall place such case in an inactive
file or docket, subject to being reopened if thereafter the defendant
appears or the warrant provided for in this Section is executed.
[Ord. No. 2023-12, 12-12-2023]
A. Any person who has been convicted and sentenced by the Associate
Circuit Judge for violation of any ordinance of the City, whether
the punishment be by fine, imprisonment, or both, may be put to work
to perform labor on the public street, highways, alleys, or other
public works of the City, including non-profit organizations, as determined
by the Judge.
B. If the punishment is by fine and the fine is not paid, then the Judge
may require community service work in lieu of a fine.
[Ord. No. 2023-12, 12-12-2023]
Upon a plea of guilty or a finding of guilt for violating certain
City ordinances, the Court may, in addition to imposition of any penalties
provided by law, order the person to reimburse the Law Enforcement
Agency which made the arrest, for the costs associated with such arrest,
if allowed by the Revised Statutes of Missouri; such costs shall include
the reasonable cost of making the arrest, including the costs of chemical
test made under this Section 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. The enforcement agency
may establish a schedule of such costs, however, the Court may order
the costs reduced if it determines that the costs are excessive.
[Ord. No. 2023-12, 12-12-2023]
The City and Associate Circuit Court shall at all times comply
with the Revised Statutes of Missouri as they relate to minor traffic
violations in the administration of City ordinance violation cases
and the issuance of fines under this Section.