[1]
State Law Reference: As to certain violations concerning an
accused with special needs, § 479.040, RSMo.
There is hereby established in the City of Aurora a Municipal
Court to be known as the "Aurora Municipal Court, a Division of the
39th Judicial Circuit Court of the State of Missouri." In the event
a Police Court existed prior to the establishment of a Municipal Court,
this Court is a continuation of the Police Court of the City as previously
established and is termed herein "The Municipal Court."
Violations of municipal ordinances shall be heard and determined
only before divisions of the Circuit Court as hereinafter provided
in this Chapter. The term "heard and determined," for purposes of
this Chapter, shall mean any process under which the Court in question
retains the final authority to make factual determinations pertaining
to allegations of a municipal ordinance violation.
The Judge of the City's Municipal Court shall be known as a
Municipal Judge of the 39th Judicial Circuit Court and shall be selected
by appointment to the position by the City Manager with approval of
a majority of the members of the City Council for a term as specified
herein.
The Municipal Judge shall hold his/her office for a period of
at least two (2) years. If for any reason a Municipal Judge vacates
his/her office, his/her successor shall complete that term of office,
even if the same be for less than two (2) years.
A.
The Municipal Judge shall vacate his/her office under the following
conditions:
A.
The Municipal Judge shall possess the following qualifications before
he/she shall take office:
1.
He/she must be a licensed attorney, qualified to practice law
within the State of Missouri.
2.
He/she need not reside within the City.
3.
He/she must be a resident of the State of Missouri.
4.
He/she must be between the ages of twenty-one (21) and seventy-five
(75) years.
5.
He/she may serve as a Municipal Judge for any other municipality.
6.
He/she may not hold any other office within the City Government.
B.
The Municipal Judge shall be considered holding a part-time position
and as such may accept other employment.
C.
No Municipal Judge shall serve as a Municipal Judge in more than
five (5) municipalities at one (1) time. A Court that serves more
than one (1) municipality shall be treated as a single municipality
for the purposes of this Subsection.
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/her
directives.
The Municipal Judge shall be a conservator of the peace. 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 keep such
other records as may be required. Such docket and records shall be
records of the Circuit Court of Lawrence County. The Municipal Judge
shall deliver said docket, records and all books and papers pertaining
to his/her office to his/her successor in office or to the Presiding
Judge of the Circuit.
A.
The Municipal Judge shall be and is hereby authorized to:
1.
Establish a Violations Bureau as provided for in the Missouri
Rules of Practice and Procedure in Municipal and Traffic Courts and
Section 479.050, RSMo.
2.
Administer oaths and enforce due obedience to all orders, rules
and judgments made by him/her and may fine and imprison for contempt
committed before him/her while holding Court in the same manner and
to the same extent as a Circuit Judge.
3.
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.
B.
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 ordinances of this City.
All prosecutions for the violation of municipal ordinances shall
be instituted by information and may be based upon a complaint. Proceedings
shall be in accordance with the Supreme Court rules governing practice
and procedure in proceedings before Municipal Judges.
[R.O. 1993 § 135.120; Code 1972 § 28-11;
CC 1988 § 17-31; Ord. No. 99-2406 § 1, 10-26-1999]
If the Municipal Judge determines that there shall be a Violations
Bureau, the City shall provide all expenses incident to the operation
of the Bureau. The Court Clerk is hereby designated as the Violations
Clerk for the Bureau, if established.
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 warrants shall be executed by
the Chief of Police, Police Officer or Sheriff at 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. 2024-3325, 5-14-2024]
A.
Administrative
Warrant Defined — Who May Issue, Execute.
1.
An administrative warrant is a written order of the Municipal Judge
permitting the entry of City officials on or into private property
to enforce the City's housing, zoning, health, and safety regulations
when government entry on or into such private property is otherwise
authorized by Missouri law. A warrant may issue only in conformance
with this Section and only for the enforcement of the City's housing,
zoning, health, and safety regulations, specifically:
a.
To abate such physical conditions on private property constituting
a public nuisance or otherwise in violation of a specified regulation
as provided herein.
b.
To inspect private property to determine or prove the existence of
physical conditions in violation of such a specified regulation.
c.
To seize, photograph, copy, or record evidence of the violation of
such a specified regulation.
2.
The Municipal Judge having original and exclusive jurisdiction to
determine violations against the ordinances of the municipality may
issue an administrative warrant when:
3.
Any such warrant shall be directed to a Code Enforcement Official
and shall be executed by a Code Enforcement Official, or other agent
assigned by the City, within the City limits and not elsewhere.
B.
Who
May Apply For Warrant — Contents Of Application.
1.
Any Code Enforcement Officer, Police Officer, or attorney of the
City may make application to the Municipal Judge for the issuance
of an administrative 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 to be entered, 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:
(1)
Has been requested by the City to allow such action and has
refused to allow such action; or
(2)
Is not available, after reasonable investigation and effort,
to consent to such entry or inspection, and in such case the application
shall include details of the City's investigation and effort to request
such consent;
e.
State facts sufficient to show probable cause for the issuance of
a warrant to enter the private property, including the specification
of the housing, zoning, health, or safety regulation sought to be
enforced;
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 warrant and
in filling out any deficiencies in the description of the property
or place to be entered. Oral testimony shall not be considered. The
application may be submitted by facsimile or other electronic means.
C.
Hearing
And Procedure — Contents Of Warrant — Execution And Return.
1.
Hearing And Procedure.
a.
The Municipal Judge shall determine whether probable cause exists
to enter the private property for the purposes noted herein.
b.
In doing so the Municipal Judge shall determine whether the action
to be taken by the City 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 known or suspected violation of any
relevant City ordinance or Code Section, the passage of time since
the property's last inspection, and the law, statute, or ordinance
authorizing government entry onto private property. The standard for
issuing a warrant need not be limited to actual knowledge of an existing
violation of a City ordinance or Code Section.
c.
If it appears from the application and any supporting affidavit that
there is probable cause to enter the private property for the enforcement
of the City's housing, zoning, health, and safety regulations, a warrant
shall immediately be issued.
d.
The warrant shall be issued in the form of an original and two (2)
copies, and 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 Warrant. The warrant shall:
a.
Be in writing and in the name of the City;
b.
Be directed to any Code Enforcement Official in the City;
c.
State the time and date the warrant was issued;
d.
Identify the property to be entered in sufficient detail and particularity
that the officer executing the warrant can readily ascertain it;
e.
Command that the described property be entered for one (1) or more
specified enforcement purposes as provided herein, identify the regulation
sought to be enforced, and direct that any evidence of any suspected
property violations be seized, recorded or photographed, and a description
of such property be returned, within ten (10) days after filing of
the application, to the Clerk of the Municipal Court, 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.
A warrant issued under this Section shall be executed by a City Code
Enforcement Official or other agent assigned by the City and the warrant
shall be executed in the following manner:
(1)
The warrant may be issued by facsimile or other electronic means.
(2)
The warrant shall be executed by conducting the private property
entry as commanded and shall be executed as soon as practicable and
in a reasonable manner.
(3)
The Code Enforcement Official or other agent assigned by the
City shall give the owner or occupant of the property entered a copy
of the warrant.
(4)
If any property is seized incident to the entry, the Code Enforcement
Official 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, or if no such person is ascertainable,
the officer shall leave the receipt at the site of the entry in a
conspicuous place.
(a)
A copy of the itemized receipt of any property taken shall be
delivered to an attorney for the City within two (2) working days
of the execution of the warrant.
(b)
The disposition of property seized pursuant to warrant under
this Section shall be in accordance with an applicable City ordinance
or Code Section, but in the absence of same, then with Section 542.301,
RSMo.
(5)
The Code Enforcement Official may summon as many persons as
he/she deems necessary to assist him/her in executing the warrant.
(6)
A Code Enforcement Official executing an invalid warrant, the
invalidity of which is not apparent on its face, may use such force
as he/she would be justified in using if the warrant were valid.
(7)
A 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.
b.
After execution of the warrant, the warrant, with a return thereon
signed by the Code Enforcement Official executing the warrant, shall
be delivered to the Municipal Court in the following manner:
(1)
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 entered.
(2)
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.
c.
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
entered or seized.
D.
Warrant
Invalid, When. A warrant shall be deemed invalid:
1.
If it was not issued by the Municipal Judge;
2.
If it was issued without a written application having been filed
and verified;
3.
If it was issued without sufficient probable cause in light of the goals of the ordinance to be enforced and such other factors as provided in Subsection (A)(2) hereof;
4.
If it was not issued with respect to property in the City;
5.
If it does not describe the property or places to be entered, inspected,
or seized with sufficient certainty;
6.
If it is not signed by the Judge who issued it; or
7.
If it was not executed and the required return made within ten (10)
days after the date of the making of the application.
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/her presence, but such officer shall, before the trial, file
a written complaint with the Judge hearing violations of municipal
ordinances.
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 Court Judge. Whenever
a defendant accused of a violation of a municipal ordinance has a
right to and demands such trial by jury, the Municipal Court shall
certify the case to the Presiding Judge of the Circuit Court for reassignment.
It shall be the duty of an attorney designated by the City 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/her necessary
expenses incurred in such prosecutions shall be paid by the City.
The compensation of such attorney shall not be contingent upon the
number of cases tried, the number of guilty verdicts reached, or the
amount of fines imposed or collected.
It shall be the duty of the Municipal Judge to summon all persons
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 trials
before Associate Circuit Court 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/her
on the day set for trial to testify in the case and enter the names
of such witnesses on his/her docket, which oral notice shall be valid
as a summons.
A.
If, in the progress of any trial before the 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/her as Municipal Judge, he/she shall immediately stop all
further proceedings before him/her as Municipal Judge and cause the
complaint to be made before some Associate Circuit Court Judge of
the County.
B.
For purposes of this Section, any offense involving the operation
of a motor vehicle in an intoxicated condition as defined in Section
577.001, RSMo., shall not be cognizable in Municipal Court, if the
defendant has been convicted, found guilty, or pled guilty to two
(2) or more previous intoxication-related traffic offenses as defined
in Section 577.001, RSMo., or has had two (2) or more previous alcohol-related
enforcement contacts as defined in Section 302.525, RSMo.
A.
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, 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 municipality
shall pay the board of such prisoner at the same rate as may now or
hereafter be allowed by law to such Sheriff for the keeping of other
prisoners in his/her custody. The same shall be taxed as cost.
B.
Procedures.
[Ord. No. 2016-3075 § 1, 6-14-2016]
1.
Defendants in custody pursuant to an initial arrest warrant
issued by a Municipal Court have an opportunity to be heard by a judge
in person, by telephone, or videoconferencing as soon as practicable
and not later than forty-eight (48) hours on minor traffic violations
and not later than seventy-two (72) hours on other violations and,
if not given that opportunity, are released;
2.
Defendants in municipal custody shall not be held more than
twenty-four (24) hours without a warrant after arrest;
3.
Defendants are not detained in order to coerce payment of fines
and costs;
4.
The Municipal Court has established procedures to allow indigent
defendants to present evidence of their financial condition and takes
such evidence into account if determining fines and costs and establishing
related payment requirements;
5.
The Municipal court only assesses fines and costs as authorized
by law;
6.
No additional charge shall be issued for the failure to appear
for a minor traffic violation;
7.
The Municipal Court conducts proceedings in a courtroom that
is open to the public and large enough to reasonably accommodate the
public, parties, and attorneys;
8.
The Municipal Court makes use of alternative payment plans and
community service alternatives; and
9.
The Municipal Court has adopted an electronic payment system
or payment by mail for the payment of minor traffic violations.
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.
In any case tried before the Municipal Judge, except where there
has been a plea of guilty or where the case has been tried with a
jury, the defendant shall have a right of trial de novo before a Circuit
Court Judge or upon assignment before an Associate Circuit Court 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 the case of a breach of any recognizance entered into before
a Municipal Judge or an Associate Circuit Court 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 Court
Judge or Associate Circuit Court 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 Municipal Treasury
to the General Revenue Fund of the municipality.
A Municipal Judge shall be disqualified to hear any case in
which he/she is in any way 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.
If the Municipal Judge or Provisional 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.
