[CC 1992 §120.010; R.O. 1979 §6.000; Ord. No. 1848 §§ 1 — 2, 5, 6-27-2017]
A.
As soon as practicable after July 1, 2017, the next regularly scheduled
Platte City Municipal Court Docket, but no later than six months from
the effective date of this Ordinance, the Platte City Municipal Court
shall be transferred to the Platte County Circuit Court and Platte
City Municipal Division Cases shall be to be heard in the Platte County
Circuit Court Associate Division.
B.
The City Administrator is authorized to take all actions necessary
to transfer the Platte City Municipal Court to the Platte County Circuit
Court and effectuate the transfer of Platte City Municipal Division
cases to be heard in the Platte County Associate Circuit Court.
C.
The provisions of this Section shall supersede any conflicting provisions
contained within the City of Platte City's Code of Ordinances.
[CC 1992 §120.020; Ord. No. 689 §2, 10-13-1993]
A.
On
the first (1st) Tuesday in even-numbered years hereafter, qualified
voters of the City shall elect some suitable person Municipal Judge
who shall hold his/her office for a term of two (2) years and until
his/her successor is elected and qualified.
B.
The
Municipal Judge shall qualify within fifteen (15) days after he/she
has received his/her certificate of election from the City Clerk,
by taking and subscribing the oath of office required by law.
C.
The
Municipal Judge shall be at least twenty-one (21) years of age. No
person shall serve as Municipal Judge after reaching his/her seventy-fifth
(75th) birthday. The Municipal Judge shall be licensed to practice
law in the State of Missouri and be a resident of Missouri.
[CC 1992 §120.030; R.O. 1979 §6.200; Ord. No. 689 §3, 10-12-1993]
A.
The
Municipal Judge shall be the conservator of the peace and shall have
the exclusive, original jurisdiction to hear and determine all offenses
against the ordinances of the City. 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 deliver such docket and all books
and papers pertaining to his/her office to his/her successor in office.
B.
If
a Municipal Judge be absent, sick or disqualified from acting pursuant
to the general administrative authority of the Presiding Judge of
the Circuit Court over the Municipal Divisions within the circuit
contained in Section 478.240, RSMo., a special Municipal Judge may
be designated in accordance with the provisions of Section 479.230,
RSMo., until such absence or disqualification shall cease.
C.
Should
a vacancy occur in the office of Municipal Judge, any such vacancy
shall be filled as otherwise provided by this Code.
[CC 1992 §120.040; R.O. 1979 §6.300]
A.
It
shall be the duty of the Municipal Judge to tax all costs in the Municipal
Court; to make out and issue all processes of the Court each month,
a list of all cases heard or tried before him/her during the preceding
month, giving the name of the defendant, the fine imposed, if any,
the amount of costs, the names of the defendants committed and the
cases appealed, respectively. He/she shall verify such reports and
lists by oath made before the City Clerk who is hereby authorized
to administer such oath and the City Clerk shall lay such reports
and lists before the Board of Aldermen at its first (1st) meeting
thereafter.
B.
The
Municipal Judge shall have power to administer oaths and enforce due
obedience to all orders, rules and judgments made by him/her within
the scope of his/her authority and may fine and imprison for contempt
offered to the Municipal Judge while holding Court.
C.
The
Municipal Judge may, in his/her discretion, remit, in whole or in
part, any fine, penalty or forfeiture assessed by him/her for the
breach of any ordinance and may grant reprieves and pardons after
conviction of any offense and may attach any reasonable condition
to such remittance, reprieve or pardon as in his/her judgment would
further the ends of justice; provided, that nothing in this Section
shall be so construed as to authorize the Municipal Judge to remit
any costs which may accrue to any officer of the City by reason of
any prosecution under the law, this Code or other ordinances of the
City.
D.
The
Municipal Judge shall be compensated in such amount as shall be determined
by resolution of the Board of Aldermen.
[CC 1992 §120.050; R.O. 1979 §6.400]
A.
The
Municipal Court shall have jurisdiction of all suits for the recovery
of any fine, forfeiture or penalty imposed for the violation or breach
of any provision of this Code or other ordinance of the City, which
suit and proceeding therein shall be in the nature of a civil action
and shall be entitled "The City of Platte City against ______________"
(naming the person or persons charged). No person shall be put on
trial and no fine or penalty shall be imposed by the Municipal Judge
in any case in the Municipal Court except as hereinafter provided.
B.
When
any person shall violate any provision of this Code or other ordinance
of this City in the presence of the Director of Public Safety or City
Police Officer, the Director of Public Safety or Police Officer shall
execute a summons in triplicate and deliver one (1) copy of said summons
to the person guilty of the violation; another copy shall be delivered
to the Municipal Judge and a third (3rd) copy shall be filed as provided
by the Director of Public Safety. The form of such summons shall be
substantially as provided in the Revised Statutes of Missouri and
the Missouri Rules of Court.
C.
Summons
issued for offenses committed in the presence of any officer shall
be signed by such officer and shall specify the offense charged and
the date and time the person therein named shall appear before the
Municipal Judge. Summons for offenses not committed in the presence
of an officer shall be issued by the Municipal Judge or Clerk of the
Municipal Court after a duly executed and verified complaint and information
are presented.
D.
Warrants
may issue in lieu of summons.
E.
On
the date and time specified in the warrant or summons, the person
shall appear before the Municipal Judge and the Municipal Judge shall
proceed to hear the case and make such disposition of the same as
may seem just and equitable in the circumstances.
F.
If
any person named in a summons shall fail or refuse to appear before
the Municipal Judge on the date and at the time specified in said
summons, the officer issuing said summons shall forthwith execute
or cause to be executed and filed with the Municipal Judge an information
or a complaint and the Municipal Judge shall issue a warrant returnable
forthwith which shall be delivered to the Director of Public Safety,
City Police Officer or the Sheriff of the County who shall proceed
forthwith to execute the same according to the demand thereof. The
form of such complaint and warrant shall be substantially as provided
in the Revised Statutes of Missouri and the Missouri Rules of Court.
G.
Upon
receipt of a complaint and issuance of a warrant as stated in this
Section, a Municipal Judge shall have jurisdiction of the case and
he/she shall proceed and make such order and disposition of the case
as may seem just and equitable in the circumstances.
[CC 1992 §120.060; R.O. 1979 §6.410]
The complaint may include several persons charged with the same
offense. No proceeding shall be dismissed or any defendant discharged
by reason of any informality or irregularity in the complaint but
such complaint may be amended by leave of Court at any time before
or during the trial prior to the retirement of the jury or the findings
of the Municipal Judge, without prejudice to either party.
[CC 1992 §120.070; R.O. 1979 §6.420]
A.
The
Director of Public Safety and the City Police Officers are hereby
authorized to arrest any person, without any warrant, found in the
act of violating any provision of this Code or other ordinance of
this City.
B.
Any
person arrested without process shall be given a summons as herein
provided.
[CC 1992 §120.080; R.O. 1979 §6.430]
A.
All
persons arrested, either with or without process, shall be required
to post a bond, either in cash or with sufficient security.
B.
Such
bond may be set and received by the arresting officer who shall give
a receipt therefor, but such bond shall not be for more than the maximum
fine imposed for the violation charged. Such bond shall be on condition
that the defendant will appear before the Municipal Judge at the time
and place appointed.
C.
In
the event of a violation of the traffic ordinances of this City, the
arresting officer may take and receipt for the Missouri driver's license
of the person arrested in lieu of cash or surety bond.
D.
Such
bond shall be on condition that the defendant will appear before the
Municipal Judge at the time and place appointed. If the person so
arrested fails to post bond, then he/she may be confined in the City
Jail until he/she is able to post bond or until such time as he/she
can be taken before the Municipal Judge.
E.
The Municipal Judge shall enter upon his/her docket a memorandum of every bond filed in his/her office under Subsection (D) of this Section, noting the substance thereof and the actions thereon.
F.
The
forfeiture of any bond made within thirty (30) days may be set aside
by the Municipal Judge by the defendant appearing or being brought
into Court and showing good cause for the setting aside of such forfeiture,
by the affidavit of himself/herself or some credible person for him/her
and also paying all the costs caused by such forfeiture.
[CC 1992 §120.090; Ord. No. 685 §1, 10-13-1993]
A.
The
City and the defendant in any matter pending before the Platte City
Municipal Court shall be entitled to process for witnesses. A subpoena
shall be issued by the Judge or the Clerk of the Court. It shall state
the name and the Court and the title of the proceedings and shall
command each person to whom it is directed to attend and give testimony
at the time and place specified therein. A subpoena signed by the
Judge or Clerk, but otherwise blank, may be issued to a party requesting
it, who shall fill in the blanks before it is served.
B.
A subpoena
duces tecum may be issued which shall command the person to whom it
is directed to produce the books, papers, documents or other objects
designated therein.
C.
A subpoena
may be served by any Peace Officer or by any other person who is not
a party and who is not less than eighteen (18) years of age. A subpoena
may be served any place within the State of Missouri and fees and
mileage need not be tendered to the witness upon service of a subpoena.
D.
All
process for which it may be necessary to serve the City may be served
by delivering the same to the Mayor and complying with any applicable
law or rule for service of process upon individuals.
[CC 1992 §120.100; R.O. 1979 §6.600]
A.
If
a defendant fails to appear in the Municipal Court at the time properly
designated, his/her bond may be forfeited or a warrant may be issued
for his/her arrest and, upon being brought before the Court, a hearing
shall be held to determine his/her guilt or innocence.
B.
If
any witness duly summoned shall fail to appear, the Municipal Judge
may issue an attachment for him/her to compel his/her attendance and
may, moreover, fine him/her for contempt of court in a sum not to
exceed five hundred dollars ($500.00) and the costs of the attachment.
C.
The
Municipal Judge, upon the application of either party and it being
made to appear to the satisfaction of the Court that the party so
applying cannot safely go to trial because of the absence of a material
witness or of evidence material to the issue and that such witness
or evidence may be obtained within a reasonable time, may grant a
continuance.
D.
If,
in the progress of any trial before the Municipal Judge, it shall
appear that the accused ought to be put on trial for an offense against
the criminal laws of the State and not cognizable before the Municipal
Court of the City, he/she shall immediately stop all proceedings before
him/her as Municipal Judge and cause a complaint to be made at once
before some Associate Circuit Judge within the County, having jurisdiction,
who shall thereon proceed as in other cases cognizable before an Associate
Circuit Judge.
[CC 1992 §120.110]
The Municipal Judge shall be disqualified to hear any case in
which he/she is in anywise interested or, if before the trial is commenced,
the defendant or the 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.
[CC 1992 §120.140; R.O. 1979 §6.640]
A.
In
all cases wherein the defendant shall have been found guilty and the
sentence imposed shall be a term in the City Jail (or the County Jail
if the City has no suitable and safe City Jail available), the Municipal
Judge shall make and deliver to a City Police Officer a commitment
reciting the offense, date of conviction, term of imprisonment and
costs taxed against the defendant and said Police Officer shall forthwith
transport said defendant to the City Jail (or County Jail) for the
term of such sentence or until otherwise discharged or paroled.
B.
Every
person committed to the County Jail shall bear the expense of his/her
commitment and support while in jail and the property of such person
shall be subject to the payment of such expense, as well as costs
adjudged against him/her and may be levied on and sold under the orders
of the Municipal Court to satisfy said judgment and expense.
[CC 1992 §120.150; R.O. 1979 §6.650; Ord. No. 315 §§1 — 4, 9-8-1977]
A.
All
persons who have been convicted and sentenced by the Judge of the
Municipal Court, or other court having jurisdiction, for violation
of an ordinance of this City, whether punishable by fine, imprisonment
or both, may be put to work and perform labor on the public streets,
highways and alleys or other public works or buildings of this City
for such purposes as this City may deem necessary.
B.
The
Director of Public Safety shall have the authority to cause all prisoners,
as may be directed by the Judge of the Municipal Court, to work out
the full number of days for which such prisoner shall have been sentenced,
at working upon such public streets, highways, alleys or other public
works or buildings of this City as may have been designated.
C.
If
the punishment is to be a fine and the fine be not paid, then for
every ten dollars ($10.00) of such fine the prisoner shall work one
(1) day. It shall be deemed a part of the judgment and sentence of
the Court that such prisoner may be worked as herein provided.
[CC 1992 §120.160; R.O. 1979 §6.660]
Whenever the prisoner sentenced to a term in the City Jail shall
have served such term, performed any work required under this Code,
or be otherwise discharged or paroled, the Director of Public Safety
shall certify such fact to the Municipal Judge who shall enter satisfaction
of the judgment on his/her docket.
[CC 1992 §120.170; R.O. 1979 §6.700]
A.
The
Director of Public Safety shall attend all sessions of the Municipal
Court and perform such duties as are requested by the Municipal Judge.
He/she shall, in the absence of a Municipal Court Clerk, collect all
fines and Court costs assessed by the Municipal Judge, except in those
cases where the costs are assessed to the City. He/she shall pay any
such fines and costs collected during each month to the City Treasurer
on or before the third (3rd) day of the succeeding month taking a
duplicate receipt thereof, one (1) of which receipt shall be immediately
filed with the City Clerk. The City Clerk shall place such receipt
before the Board of Aldermen at the first (1st) meeting thereafter.
B.
The
Director of Public Safety or other Policeman he/she may designate
shall be responsible for keeping the peace and orderly decorum of
the courtroom while the Municipal Court is in session.
[CC 1992 §120.180; R.O. 1979 §6.800]
In lieu of the summons and information provided for in this
Chapter, all traffic cases may be instituted and prosecuted in the
Municipal Court upon the filing therein by a Police Officer of a uniform
traffic ticket, duly executed and signed by the Police Officer, which
uniform traffic ticket shall be in substantially the same form as
provided for in the Supreme Court Rules of the State of Missouri,
which uniform traffic ticket is hereby referred to and incorporated
herein by reference.
[CC 1992 §120.190; R.O. 1979 §6.900; Ord. No. 355 §2, 3-11-1981]
A.
Any
person who shall conduct himself/herself in such a manner during any
regular or special session of the Municipal Court of Platte City,
which conduct shall raise to the level of willful disregard for the
authority of such Court, shall be guilty of contempt.
B.
In punishing any person found guilty of contempt under Subsection (A) of this Section, the Municipal Judge shall have the same power to fine or imprison as may be exercised by a Circuit Judge.
C.
Any
person who has been placed on probation by the Municipal Court and
who willfully violates the terms or conditions of said probation as
imposed by the Court shall be guilty of contempt and shall be punished
by a fine of not less than twenty-five dollars ($25.000 nor more than
five hundred dollars ($500.00) or by imprisonment for a term of not
less than one (1) day nor more than ninety (90) days, or by both such
fine and imprisonment.
[CC 1992 §120.120; Ord. No. 355 §1, 3-11-1981; Ord. No. 619 §2, 9-28-1992; Ord. No. 687 §1, 10-13-1993; Ord. No. 1143 §1, 1-20-2000; Ord. No. 1217 §1, 9-13-2001; Ord. No. 1262 §1, 9-25-2002; Ord. No. 1754 §1, 8-27-2013]
A.
Court costs in the Platte City Municipal Division of the Platte County
Circuit Court shall be fifteen dollars ($15.00) per case.
[Ord. No. 1848 § 3, 6-27-2017]
B.
In all cases dismissed at the request of the complaining witness,
the costs shall be assessed against and collected from the complaining
witness.
C.
There shall be collected as additional costs in each case, other
than non-moving traffic violations, the sum of two dollars ($2.00)
which shall be deposited in a special account in the City Treasury
and which shall be used to defray the costs of training Police Officers
so that such officers shall meet the minimum standards for officers
as set forth in the Statutes of this State.
D.
There shall be collected as additional costs in each case, other
than non-moving traffic violations, the sum of seven dollars and fifty
cents ($7.50) which shall be forwarded to the State Crime Victims'
Compensation Fund in accordance with provisions of State Statutes.
E.
Upon a plea of guilty or a finding of guilty for a violation of any
Platte City Code Section involving alcohol- or drug-related traffic
offenses, the Municipal Court may, in addition to the imposition of
any other penalties provided by ordinance, order the convicted person
to pay costs in the amount of one hundred dollars ($100.00) as reimbursement
for the costs associated with the arrest of such person for the alcohol-
or drug-related traffic offense. Upon collection of such costs, the
Court Clerk shall pay the costs into the General Revenue of the City
of Platte City.
F.
Pursuant to Section 488.607, RSMo., the court costs are hereby amended
to charge an additional surcharge of two dollars ($2.00) for each
case filed before the Municipal Judge for the benefit of shelters
for victims of domestic violence established pursuant to Sections
455.200 to 455.230, RSMo.
G.
Pursuant to Section 57.995, RSMo., the court costs are hereby amended
to charge an additional surcharge of three dollars ($3.00) in each
case for the Sheriffs' Retirement Fund created by Section 57.995,
RSMo.
H.
There shall be collected as additional costs in each case, other
than non-moving traffic violations, the sum of one dollar ($1.00)
which shall be forwarded to the Treasurer of the State of Missouri
to the credit of the Police Officer's Standards and Training
Commission Fund created by Section 590.140, RSMo.
I.
Actual costs assessed against the City by the County Sheriff for
apprehension or confinement in the County Jail or costs assessed against
the City by any other detention facility.
J.
Mileage, in the same amount as provided to the Sheriff in criminal
violations, for each mile and fraction thereof the officer must travel
(both directions) in order to serve any warrant or commitment or order
of this Court.
K.
Any other reasonable cost as may be otherwise provided by ordinance, including, but not limited to, costs of confinement, including any necessary transportation related thereto, medical costs incurred by the City while a defendant is in City custody, and costs related to the arrest and testing of any person for any intoxication-related traffic offense as set out in Subsection (E) hereof.
L.
Court
costs associated with Platte City Municipal Division cases shall include
a seven dollar ($7.00) court automation fee.
[Ord. No. 1848 § 4, 6-27-2017]
[CC 1992 §120.130; R.O. 1979 §6.630]
In all cases wherein the defendant is found guilty, the Municipal
Judge shall assess a penalty within the limits set forth in this Code
and such penalty, if in the form of a money fine, shall immediately
be paid by the defendant; provided however, the Municipal Judge may,
in his/her discretion, allow the fine to be paid on an installment
basis under such terms and conditions as he/she may deem appropriate.
