[Editor's Note: Former Ch. 17, Municipal Court, was repealed 12-12-2023 by Ord.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]
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; Ord. No. 2024-03, 3-12-2024; Ord. No. 2025-14, 11-10-2025]
A. 
In all City ordinance violation cases before the Associate Circuit Judge, fees 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 City. The costs authorized in this Subsection 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 Subsection shall be collected by the Municipal Division Clerk.
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 Prosecutor may be assessed as cost in a City ordinance violation case.
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 Subsection (A) of this Section.
D. 
Court costs shall be assessed in the following manner for all cases:
1. 
Court cost shall be assessed in an amount not to exceed fifteen dollars ($15.00) per case for the cost of the Court clerks.
2. 
Costs for the training of Police Officers shall be assessed in the amount of three dollars ($3.00) in all cases. Two dollars ($2.00) of such fees collected shall be deposited monthly to the Treasurer of the City to be used locally for training Law Enforcement Officers. One dollar ($1.00) of such fees collected shall be deposited into the Peace Officer Standard and Training Commission Fund to be used Statewide for training Law Enforcement Officers.
3. 
Costs for the Crime Victims' Compensation Fund shall be assessed in the amount of seven dollars fifty cents ($7.50) in all cases.
4. 
Costs for the County shelter for victims of domestic violence shall be assessed two dollars ($2.00) in all cases and disbursed to the County once a month.
5. 
Costs for the Statewide court automation case management system will be assessed in all cases in the amount of seven dollars ($7.00).
6. 
Costs for the Inmate Prisoner Detainee Security Fund shall be assessed two dollars ($2.00) in all cases.
E. 
Unless provided otherwise by law, no court costs will be assessed to any defendant whose case is dismissed unless provided for by a plea agreement approved by the Associate Circuit Judge.
[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.