[Ord. No. 270 §72.010, 12-4-1978; Ord. No. 030204 §1, 3-2-2004; Ord.
No. 060110 §1, 6-1-2010]
There is hereby established in this City a Municipal Court,
to be known as the "Peculiar Municipal Court, a Division of the 17th
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".
[Ord. No. 270 §72.020, 12-4-1978]
The jurisdiction of the Municipal Court shall extend to all
cases involving alleged violations of the ordinances of the City.
[Ord. No. 041883 §1 (72.030), 4-18-1983; Ord. No. 030204 §3, 3-2-2004; Ord.
No. 060110 §1, 6-1-2010]
The Judge of the City's Municipal Court shall be known as a
Municipal Judge of the 17th Judicial Circuit Court and shall be selected
by appointment to his position by the Mayor, subject to confirmation
by the Board of Aldermen for a term as specified herein.
[Ord. No. 270 §72.040, 12-4-1978]
The Municipal Judge shall hold his office for a period of two
(2) years and shall take office bi-annually from April. If for any
reason a Municipal Judge vacates his office, his successor shall complete
that term of office, even if the same be for less than two (2) years.
[Ord. No. 270 §72.050, 12-4-1978]
A.
The
Municipal Judge shall vacate his 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, or
2.
Upon attaining his seventy-fifth (75th) birthday, or
3.
Should he fail, within six (6) months of his selection, to satisfactorily
complete a course of instruction for Municipal Judges as prescribed
by the State Supreme Court.
[Ord. No. 270 §72.060, 12-4-1978; Ord. No. 030292A §1, 3-2-1992; Ord.
No. 060110 §1, 6-1-2010]
A.
The
Municipal Judge shall possess the following qualifications before
he shall take office:
1.
They need to be a licensed attorney, qualified to practice law within
the State of Missouri.
2.
Must be a resident of the State of Missouri.
3.
Must be between the ages of twenty-one (21) and seventy-five (75)
years.
4.
May not serve as Municipal Judge for any other municipality.
5.
May not hold any other office within the City Government.
6.
Must, within six (6) months after his selection to the position,
satisfactorily complete a course of instruction for Municipal Judges
as prescribed by the State Supreme Court.
7.
The Municipal Judge shall be considered holding a part-time position
and as such may accept (within the requirements of the Code of Judicial
Conduct, Missouri Supreme Court Rule 2) other employment.
[Ord. No. 270 §72.070, 12-4-1978]
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 directives.
[Ord. No. 270 §72.080, 12-4-1978; Ord. No. 060110 §1, 6-1-2010; Ord. No. 08072023C, 8-7-2023]
On or before the 15th of each month, the Municipal Division
shall submit to the municipality a copy of the monthly case load summary
report for the preceding month required by Court Operating Rule 4.28.
[Ord. No. 270 §72.090, 12-4-1978]
The Municipal Judge shall be a conservator of the peace. He
shall keep a docket in which he shall enter every case commenced before
him and the proceedings therein and he shall keep such other records
as may be required. Such docket and records shall be records of the
Circuit Court of Cass County. The Municipal Judge shall deliver the
docket and records of the Municipal Court, and all books and papers
pertaining to his office, to his successor in office or to the Presiding
Judge of the Circuit.
[Ord. No. 270 §72.100, 12-4-1978]
A.
The
Municipal Judge shall be and is hereby authorized to:
1.
Establish a Traffic Violations Bureau as provided for in the Missouri
Rules of Practice and Procedure in Municipal and Traffic Courts and
Section 479.050 of the Revised Statutes of Missouri.
2.
Administer oaths and enforce due obedience to all orders, rules and
judgments made by him, and may fine and imprison for contempt committed
before him 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 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, 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.
[Ord. No. 270 §72.110, 12-4-1978]
Should the Municipal Judge determine that there shall be a Traffic
Violations Bureau, the City shall provide all expenses incident to
the operation of the same.
[Ord. No. 270 §72.120, 12-4-1978; Ord. No. 060110 §1, 6-1-2010]
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 Marshal, Chief of Police, Police Officer or Sheriff 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.
[Ord. No. 270 §72.130, 12-4-1978]
The Chief of Police or other Police Officer of the City shall,
without a warrant, make arrest of any person who commits an offense
in his presence, but such officer shall, before the trial file a written
complaint with the Judge hearing violations of municipal ordinances.
[Ord. No. 270 §72.140, 12-4-1978]
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 Judge. Whenever a defendant
accused of a violation of a municipal ordinance demands trial by jury,
the Municipal Court shall certify the case to the Presiding Judge
of the Circuit Court for reassignment.
[Ord. No. 270 §72.150, 12-4-1978]
It shall be the duty of an attorney designated by the municipality
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 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.
[Ord. No. 270 §72.160, 12-4-1978]
It shall be the duty of the Municipal Judge to summon all person(s)
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 trial
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 on the
day set for trial to testify in the case, and enter the names of such
witnesses on his docket, which oral notice shall be valid as a summons.
[Ord. No. 270 §72.170, 12-4-1978]
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 as Municipal Judge, he shall immediately stop all further
proceedings before him as Municipal Judge and cause the complaint
to be made before some Associate Circuit Judge within the County.
[Ord. No. 270 §72.180, 12-4-1978; Ord. No. 060110 §1, 6-1-2010; Ord. No. 08072023C, 8-7-2023]
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 or most economical local Municipal Jail,
and it shall be the duty of the Sheriff or Chief of Police, if space
for the prisoner is available in the County Jail or Municipal 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 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 to such
Sheriff or Chief of Police for the keeping of such prisoner in his
custody.
[RSMo. §479.190]
A.
Any
Judge hearing violations of municipal ordinances may, when in his
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 shall be
given a certificate explicitly stating the conditions on which he
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:
[Ord. No. 12052016 § I, 12-5-2016]
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, for
which no associated costs shall be charged to the defendant.
C.
A person
may refuse probation conditioned on the performance of free work.
If he 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 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.
[RSMo. §479.200]
A.
In
any case tried before a Municipal Judge who is not licensed to practice
law in this State, the defendant shall have a right to trial de novo,
even from a plea of guilty, before a Circuit Judge or an Associate
Circuit Judge.
B.
In
any case tried before a Municipal Judge who is licensed to practice
law in this state or 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 days after judgment
and shall be filed in such form and perfected in such manner as provided
by Supreme Court rule.
C.
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.
D.
The
Supreme Court may provide by rule what record shall be kept and may
provide that it be a stenographic record or one made by the utilization
of electronic, magnetic, or mechanical sound or video recording devices.
[Ord. No. 270 §72.210, 12-4-1978]
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 Appellant Court.
[Ord. No. 270 §72.220, 12-4-1978]
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.
[Ord. No. 270 §72.230, 12-4-1978]
A Municipal Judge shall be disqualified to hear any case in
which he is in 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.
[Ord. No. 270 §72.240, 12-4-1978; Ord.
No. 08072023C, 8-7-2023]
If a Municipal Judge be absent, sick or disqualified from acting,
the Mayor may request the Presiding Judge of the Circuit Court to
designate a special Municipal Judge as provided in Subsection 2 of
Section 479.230, RSMo., or the Mayor may designate some competent,
eligible person to act as Municipal Judge until such absence or disqualification
shall cease. 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.
[Ord. No. 270 §72.250, 12-4-1978]
A.
There
is hereby designated a Clerk of the Municipal Court. The duties of
said Clerk shall be as follows:
1.
To collect such fines for violations of such offenses as may be described,
and the Court costs thereof.
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.
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 Traffic Violations Bureau cases or as directed
by the Municipal Judge; generally act as Violations Clerk of the Traffic
Violations Bureau.
6.
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.
7.
Maintain, properly certified by the City Clerk, a complete copy of
the ordinances of the City of the municipality which shall constitute
prima facia evidence of such ordinance before the Court. Further,
to maintain a similar certified copy on file with the Clerk serving
the Circuit Court of this County.
[Ord. No. 270 §72.260, 12-4-1978; Ord. No. 092093 §1, 9-20-1993; Ord. No. 120296 §1, 12-2-1996; Ord. No. 090401A §1, 9-4-2001; Ord. No. 030706C §1, 3-7-2006; Ord.
No. 12012014 §I, 12-1-2014; Ord. No. 12052016 § II, 12-5-2016; Ord.
No. 09082021, 9-8-2021; Ord. No. 08072023C, 8-7-2023]
A.
In addition to any fine that may be imposed by the Municipal Judge,
there shall be assessed as costs in all cases the following:
1.
Costs of Court in the amount of twelve dollars ($12.00).
2.
In all cases, costs for the training of Police Officers in the
amount of two dollars ($2.00) which shall be placed in a special fund
and used for training of Police Officers.
3.
In all cases, the amount of one dollar ($1.00) shall be sent
to the State Treasury to the credit of the Peace Officer Standards
and Training Commission Fund.
4.
In all cases, a cost of four dollars ($4.00) which shall be
disbursed to the City.
5.
There is hereby created an Inmate Prisoner Detainee Security
Fund. In all cases, two dollars ($2.00) shall be assessed and shall
be utilized to acquire and develop biometric verification systems
and information sharing to ensure that inmates, prisoners, or detainees
in a holding cell facility or other detention facility or area which
holds persons detained only for a shorter period of time after arrest
or after being formally charged can be properly identified upon booking
and tracked within the local law enforcement administration system,
criminal justice administration system, or the local jail system.
Upon the installation of the information-sharing or biometric verification
system, funds in the Inmate Prisoner Detainee Security Fund may also
be used for the maintenance, repair, and replacement of the information-sharing
or biometric verification system, and also to pay for any expenses
related to detention, custody, and housing and other expenses for
inmates, prisoners, and detainees.
6.
Crime Victim Compensation Fund shall be collected in the amount
of seven dollars and fifty cents ($7.50).
7.
Other costs, as provided before the Associate Circuit Judge
in criminal prosecutions.
8.
Actual costs assessed against the City by the applicable Law
Enforcement Agency for apprehension in their jail.
9.
Other costs that may be assessed for witness fees.
10.
No Court costs shall be collected if the defendant is convicted
and found indigent.
11.
In addition to the other costs authorized in this Section, there
shall be assessed a State Court automation surcharge pursuant to Section
476.056, RSMo., and Section 488.027, RSMo., in all cases in which
Court costs are taxed. Said surcharge shall be collected by the Municipal
Court and transmitted monthly to the Missouri Director of Revenue
to the credit of the Missouri Statewide Automation Fund, as provided
in Section 488.012.3(5), RSMo., and Section 488.027, RSMo., and in
an amount mandated by said Statutes.
[1]
Editor's Note: Former Section 130.270, Court Costs —
Assess Against Prosecuting Witness, was repealed 8-7-2023 by Ord.
No. 08072023C. Prior history includes Ord. No. 270.
[Ord. No. 270 §72.280, 12-4-1978]
When a fine is assessed for violating an ordinance, it shall
be within the discretion of the Judge assessing the fine to provide
for the payment of a fine on an installment basis under such terms
and conditions as he may deem appropriate.
[Ord. No. 061989 §1, 6-19-1989; Ord. No. 12052016 § III, 12-5-2016; Ord.
No. 08072023C, 8-7-2023]
In addition to the forfeiture of any security which was given
or pledged for his release, any person who, having been released pursuant
to the Statutes of the State or the ordinances of the City, willfully
fails to appear before the Municipal Court as required, shall be guilty
of a violation of this Section. Any person who is convicted of a violation,
other than a minor traffic violation, of this Section within a twelve
(12) month period shall be fined not more than two hundred dollars
($200.00) for the first violation of this Section, two hundred seventy-five
dollars ($275.00) for the second violation, three hundred fifty dollars
($350.00) for the third violation, and four hundred fifty dollars
($450.00) for the fourth and any subsequent violations of this Section,
or imprisoned for not more than ninety (90) days for offenses involving
alcohol or controlled substances, violations endangering the health
or welfare of others, or eluding or giving false information to a
Law Enforcement Officer. No additional charge shall be issued for
failure to appear for a minor traffic violation under this Section.
A person shall not be placed in confinement for failure to pay a fine
unless such non-payment violates terms of probation or unless the
due process procedures mandated by Missouri Supreme Court Rule 37.65
or its successor rule are strictly followed by the Court, provided
that the sentence imposed shall not exceed the maximum fine or maximum
period of imprisonment which could be imposed for the offense, for
which the accused was arrested originally. If the offense could only
be punishment by a fine, then punishment by confinement for failure
to appear shall not be imposed.
[Ord. No. 020491A §1-4, 2-4-1991]
A.
It
shall be contempt of Court, and the Municipal Court shall have the
power to punish for criminal contempt persons guilty of:
1.
Disorderly, contemptuous or insolent behavior committed during its
session, in its immediate view and presence, and directly tending
to interrupt its proceeding or to impair the respect due to its authority;
2.
Any breach of the peace, noise or other disturbance directly tending
to interrupt its proceedings;
3.
Willful disobedience of any process or order lawfully issued or made
by it;
4.
Resistance wilfully offered by any person to the lawful order or
process of the Court;
5.
The contumacious and unlawful refusal of any person to be sworn as
a witness, or, when so sworn, to refuse to answer any legal and proper
interrogatory.
B.
Contempt
committed in the immediate view and presence of the Court may be punished
summarily. In other cases, the party charged shall be notified of
the accusations and have a reasonable time to make his defense.
C.
Punishment
for contempt may be by fine or imprisonment in the County Jail, or
both in the discretion of the Court.
[Ord. No. 040191 §1, 4-1-1991; Ord. No. 12052016 § IV, 12-5-2016]
A.
Every person found guilty of a violation of an ordinance shall be
dealt with by the Court in accordance with the provisions of this
Section or any appropriate combination thereof. The Court may:
1.
Sentence the person to a term of imprisonment in the County
Jail for up to ninety (90) days, but only for offenses involving alcohol
or controlled substances, violations endangering the health or welfare
of others, or eluding or giving false information to a Law Enforcement
Officer. A person shall not be placed in confinement for failure to
pay a fine unless such non-payment violates terms of probation or
unless the due process procedures mandated by Missouri Supreme Court
Rule 37.65 or its successor rule are strictly followed by the Court.
2.
The Court shall not assess a fine, if combined with the amount
of Court costs, totaling in excess of:
a.
Not more than two hundred twenty-five dollars ($225.00) for
a minor traffic offense.
b.
Not more than two hundred dollars ($200.00) for the first municipal
ordinance violation, two hundred seventy-five dollars ($275.00) for
the second municipal ordinance violation, three hundred fifty dollars
($350.00) for the third municipal ordinance violation, and four hundred
fifty dollars ($450.00) for the fourth and any subsequent municipal
ordinance violations, for offenses committed within a twelve-month
period.
c.
Upon the first conviction or plea of guilty by any person for a moving
violation as defined in Section 302.010, RSMo., or any offense listed
in Section 302.302, RSMo., the Court shall assess a fine of thirty-five
dollars ($35.00) in addition to any other fine authorized to be imposed
by law, if the offense occurred within a construction zone or a work
zone. Upon a second or subsequent such conviction or plea of guilty,
the Court shall assess a fine of seventy-five dollars ($75.00) in
addition to any other fine authorized to be imposed by law.
[Ord. No. 08072023D, 8-7-2023]
d.
Upon the first conviction or plea of guilty by any person for a speeding violation under either Section 304.009 or 304.010, RSMo., or a passing violation, the Court shall assess a fine of two hundred fifty dollars ($250.00) in addition to any other fine authorized by law if the offense occurred within a construction zone or work zone and at the time the speeding or passing violation occurred there was any highway worker in such zone. Upon a second or subsequent such conviction or plea of guilty, the Court shall assess a fine of three hundred dollars ($300.00) in addition to any other fine authorized by law. However, no person assessed an additional fine under this Subsection shall also be assessed an additional fine under Subsection (A)(2)(c) of this Section, and no person shall be assessed an additional fine under this Subsection if no signs have been posted under Subsection (A)(2)(e) of this Section.
[Ord. No. 08072023D, 8-7-2023]
e.
The penalty authorized by Subsection (A)(2)(d) of this Section shall only be assessed by the Court if the Department of Transportation or a contractor or subcontractor performing work for the Department of Transportation has erected signs upon or around a construction zone or work zone which are clearly visible from the highway and which state substantially the following message: "Warning: Minimum $250 fine for speeding or passing in this work zone when workers are present."
[Ord. No. 08072023D, 8-7-2023]
3.
Suspend the imposition of sentence with or without placing the
person on probation.
[Ord. No. 050195 §§1 —
6, 5-1-1995]
A.
Upon a plea of guilty, finding of guilty or conviction for violation of the provisions of City of Peculiar Municipal Code, Section 210.400 and/or Sections 340.240, 340.250 and/or 340.260 (alcohol- or drug-related traffic offenses), the Court may, in addition to imposition of any penalties provided by law, order the person to reimburse the law enforcement authorities for costs associated with such arrest.
B.
Such
costs shall include the reasonable cost of making the arrest, including
the cost of any chemical test to determine the alcohol or drug content
of the person's blood and the cost of processing, charging, booking
and holding such person in custody.
C.
The
Chief of Police shall establish a schedule of costs for submission
to the Court; however, the Court may order the cost reduced if it
determines the schedule of costs is excessive given the circumstances
of the case or for good cause shown.
D.
These
fees shall be calculated as additional costs by the Municipal Court
and shall be collected by the Court in the same manner as other costs
and fees are collected and remitted to the City Treasurer.
E.
The
City Treasurer shall retain these fees in a separate fund known as
the DWI/Drug Enforcement Fund. Monies within the DWI/Drug Enforcement
Fund shall be appropriated by the City Council to law enforcement
authorities from such fund in amounts equal to those costs so incurred
and shall be specifically used to enhance and support the enforcement
and prosecution of alcohol- and drug-related traffic laws within the
City.
[Ord. No. 02212017 § I, 2-21-2017; Ord.
No. 08072023C, 8-7-2023]
Any person who was charged or found guilty of any offenses,
violations, or infractions by the Municipal Court of Peculiar, Missouri,
may file a petition for expungement consistent with Section 610.140,
RSMo., and such petition shall be heard by the Municipal Judge.
