[Ord. No. 2166, 10-14-2019]
From and after January 1, 2020, so long as permission is obtained
by the Presiding Judge, all violations of the municipal ordinances
of the City of Hermann, Missouri, shall be heard and determined by
an Associate Circuit Judge of the Twentieth Judicial Circuit.
[Ord. No. 764 §1, 12-28-1978; Ord. No. 1339 §1, 5-17-2000]
There is hereby created the position of Municipal Judge for
the City of Hermann who shall be appointed by the Mayor, by and with
the consent and approval of a majority of the members of the Board
of Aldermen, and who shall hold such office for a term of two (2)
years or until removed therefrom as otherwise provided by law or ordinance.
The term shall commence on the first (1st) day of May in each even-numbered
year.
[Ord. No. 764 §3, 12-28-1978; Ord. No. 1339 §1, 5-17-2000]
Any person appointed and serving as Municipal Judge shall be
at least twenty-five (25) years of age, licensed to practice law in
the State of Missouri, not in arrears for any unpaid taxes or accounts
due the City, and not over the age of seventy-five (75) years.
[1]
Editor's Note — Ord. no. 1339 §2, adopted on May
17, 2000, repealed section 140.030. Former section 140.030 derived
from ord. no. 764 §4, 12-28-1978.
[Ord. No. 764 §5, 12-28-1978]
The Municipal Judge shall receive a monthly salary as set by
the Board of Aldermen from time to time, and shall commence upon certification
by the Clerk of the Supreme Court.
[Ord. No. 764 §6, 12-28-1978; Ord. No. 2039 § 1, 12-12-2016[1]]
The Municipal Judge shall be required to take the oath of office
provided for by the laws of the State of Missouri and ordinances of
the City of Hermann, and he/she shall care for all property, books
and papers, and the turning over of and delivery to his/her successor
in office said books, papers and property of the City.
[1]
Editor’s Note: Ord. No. 2039 also changed the title
of this Section from “Oath of Office – Bond – Caring
For All Property, Books and Papers” to “Oath of Office
– Caring For All Property, Books and Papers.”
[Ord. No. 764, §7, 12-28-1978]
The Municipal Judge shall be subject to impeachment in the same
manner as any other elected official of the City.
[Ord. No. 764 §8, 12-28-1978; Ord. No. 1339 §1, 5-17-2000]
In the event a vacancy occurs in the office of Municipal Judge,
the vacancy shall be filled by appointment by the Mayor, by and with
the consent and approval of a majority of the members of the Board
of Aldermen, to serve until the end of the current term.
[Ord. No. 764 §9, 12-28-1978]
All violations of city ordinances shall be heard by the Municipal
Judge upon properly filed prosecutor's information, and such other
matters as assigned to him or her by the Supreme Court and Circuit
Court.
[Ord. No. 764 §10, 12-28-1978]
The term of Municipal Court shall commence upon the first (1st)
working day of each month at which time the docket of cases pending
shall be presented and hearings scheduled thereon.
[Ord. No. 764 §11, 12-28-1978]
Hearings upon causes presented shall be held expeditiously and
court shall be so scheduled, with day and/or evening sessions upon
request of parties to causes before the court at the discretion of
the Municipal Judge.
[Ord. No. 907 §1, 9-12-1983; Ord. No. 1282 §1, 5-12-1998; Ord. No. 1800 §2, 9-14-2009]
The Municipal Courtroom shall be at 1902 Jefferson Street and
at such other locations as the Municipal Judge shall set from time
to time.
[Ord. No. 764 §13, 12-28-1978]
The Municipal Judge shall have such further powers, duties and
obligations as prescribed by law.
[Ord. No. 1020 §14, 6-29-1988]
The Municipal Judge shall cause the Municipal Court Clerk, within
the first (1st) ten (10) days of every month, to make out a list of
all of the cases heard or tried or which appeared on the docket of
open court before the Municipal Judge during the preceding month,
giving in each case the name of the defendant, the fine or imprisonment
imposed, if any, the amount of costs, the names of defendants committed,
the cases in which there was an application for trial de novo, and
the cases in which there was another disposition, including the granting
of a continuance; except that any case for which the record is required
by law to be closed shall not be so identified on said list. The Municipal
Judge shall also cause the Municipal Court Clerk to prepare and file
such other reports as may be required by law.
[Ord. No. 764 §15, 12-28-1978]
The Municipal Judge may serve as Municipal Judge for other cities.
[Ord. No. 1030 §1, 1-9-1989]
A.
Appointment. There is created the position of Clerk of the
Municipal Court who shall be appointed by the Mayor with recommendations
of the Municipal Judge, and approval of the Board of Aldermen, and
who shall serve for a term of one (1) year at the pleasure of the
Mayor.
B.
Custodian of Records. The Municipal Court Clerk shall be
custodian of the records of the Municipal Court and shall prepare
the docket and all other papers required by the Municipal Court and
shall perform all other duties of such office as required by law.
C.
Age Requirement. The Municipal Court Clerk shall be over
twenty-one (21) years of age.
D.
Salary. The Municipal Court Clerk's compensation shall be
set from time to time by the Board of Aldermen.
[Ord. No. 764 §17, 12-28-1978]
A.
The
duties of the Clerk of the Municipal Court shall be as follows:
1.
To prepare, under the supervision of the City Attorney, the following.
2.
To maintain permanent files and records of the Municipal Court proceedings
and to have the care and custody of same.
3.
To prepare, under the supervision of the Municipal Judge, all reports
required of the Municipal Judge or of the Municipal Court by State
Statutes, this Code or other City ordinances.
4.
To keep complete records regarding fines, penalties, costs and any
other charges arising out of any action in the Municipal Court.
5.
To assist the Chief of Police in the preparation of any reports or
records required of him in connection with the operation of the Municipal
Court.
6.
To tax all costs, make out all bills and executions, and make out
and issue all processes of the Municipal Court.
7.
To keep an appeal docket in which shall be recorded the proceedings
in any Municipal Court case appealed to the Circuit Court.
8.
To fulfill such other duties as may be assigned to him by the Mayor
or Board of Aldermen.
[Ord. No. 764 §18, 12-28-1978]
A.
The
Clerk of the Municipal Court, and any Deputy Clerk that may serve
under him, shall be and is hereby authorized:
1.
Take oaths and affirmations.
2.
Accept and sign complaints signed and sworn to or affirmed before
him.
3.
Sign and issue warrants.
4.
Sign and issue commitments to jail.
5.
Sign and issue subpoenas requiring the attendance of a witness and
sign and issue subpoenas duces tecum.
6.
Fix the amount of bail on a schedule prepared by the Court and admit
to bail.
7.
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; and generally act as violations clerk of the
Traffic Violations Bureau.
8.
To perform such other duties as provided for by ordinance, by rules
of practice and procedure adopted by the Municipal Judge, and as provided
for by the laws of this State.
[Ord. No. 764 §19, 12-28-1978]
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:
[Ord. No. 848 §§1-4, 4-28-1981; RSMo. §479.190 (2-4)]
A.
PAROLE
PROBATION
Definitions as Used in These Sections:
The release of a prisoner to the community by the Municipal
Judge prior to the expiration of his term, subject to conditions imposed
by the Municipal Judge, which may include the supervision of a probation
service.
A procedure under which a defendant found guilty of a crime
upon verdict or plea is released by the Municipal Judge without imprisonment,
subject to conditions imposed by the Municipal Judge which may include
supervision of a probation service.
B.
Terms of Parole and Probation.
1.
When any person of previous good character is convicted of any crime
and confinement or fine is assessed as the punishment therefor, the
Municipal Judge before whom the conviction was had, if satisfied that
the defendant, if permitted to go at large, would not again violate
the law, may in his discretion, by order of record, suspend the imposition
of sentence or may pronounce sentence and suspend the execution thereof
and may also place the defendant on probation upon such conditions
as the Municipal Judge sees fit to impose. The probation shall be
for a specific term which shall be stipulated in the order of record.
2.
The Municipal Judge may in his discretion, when satisfied that any
person against whom a fine has been assessed or a jail sentence imposed
will, if permitted to go at large, not again violate the law, parole
the defendant upon such conditions as the Municipal Judge sees fit
to impose.
3.
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:
4.
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 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.
5.
The Court may modify or enlarge the conditions of probation at any
time prior to the expiration or termination of the probation term.
C.
Revocation of Probation.
1.
If the defendant violates a condition of probation at any time prior
to the expiration or termination of the probation term, the Municipal
Judge may continue him on the existing conditions, with or without
modifying or enlarging the conditions, or, if such continuation, modification,
or enlargement is not appropriate, may revoke probation and order
that any sentence previously imposed be executed. If imposition of
sentence was suspended, the Municipal Judge may revoke probation and
impose any sentence available.
2.
Probation shall not be revoked without giving the defendant notice
and an opportunity to be heard on the issues of whether he violated
a condition of probation and, if he did, whether revocation is warranted
under all the circumstances.
D.
Defendant to Pay Costs. Whenever any person is placed on probation or parole pursuant to Subsection (A) of this Section, and the conditions imposed by the Municipal Judge include supervision of a probation service, the Municipal Judge may assess the costs of the said probation service to the defendant.
A.
There
shall be assessed as basic court costs the sum of fifteen dollars
($15.00) per case in all proceedings filed in the Hermann Municipal
Division of the Circuit Court for violations of City ordinances. The
fees provided by this Section shall be collected by the Municipal
Division Clerk and disbursed as provided in Subsection 1 of Section
479.080, RSMo.
B.
There shall be assessed a surcharge of two dollars ($2.00) in each case involving the violation of City ordinances, to be used for the training of Peace Officers of the City of Hermann, as authorized by Sections 590.100 through 590.180, RSMo.; and an additional surcharge of one dollar ($1.00) in each case involving the violation of City ordinances, as provided in Section 590.140.1, RSMo., to be collected and disbursed as provided in Section 514.015, RSMo., and payable to the State Treasury to the credit of the Peace Officer Standards and Training Commission Fund created in Section 590.178, RSMo.; the sum of seven dollars ($7.00) per case for the court automation fund. Such surcharges shall be in addition to the court costs and fees and limits on such court costs and fees established by Section 479.260, RSMo., and by Subsection (A) of this Section; provided that no such fee shall be collected in any proceeding in any court when the proceeding or defendant has been dismissed by the court or when costs are to be paid by the municipality.
C.
The
fees authorized in this Section are in addition to service charges,
witness fees, and jail costs authorized by law to be assessed, but
are in lieu of other court costs.
D.
In
the event a defendant pleads guilty or is found guilty, the court
shall assess costs against the defendant as provided in this Chapter,
except in those cases where the defendant is found by the Judge to
be indigent and unable to pay the costs.
[1]
Editor's Note: The fees amended herein are effective as of
January 1, 2020.
[Ord. No. 1055 §2, 3-26-1990; Ord. No. 1248 §2, 12-16-1996; Ord. No. 1363 §1, 9-10-2001]
In addition to the court costs authorized by Section 140.200 of this Chapter, there shall be assessed as costs a surcharge of seven dollars fifty cents ($7.50) in each court proceeding filed in the Hermann Municipal Division of the Circuit Court for violation of an ordinance of the City of Hermann to be collected and disbursed in accordance with Section 514.015, RSMo., and payable to the Director of the Department of Revenue as provided by Section 595.045, RSMo.; except that no such fee shall be collected in any proceeding in any court when the proceeding or the defendant has been dismissed by the court or when costs are to be paid by the municipality.
[Ord. No. 1134 §1, 12-15-1992]
A.
Upon
a plea or a finding of guilt for a first offense of violating the
provisions of an ordinance of the City of Hermann involving alcohol
or drug related traffic offenses, the Court may, in addition to imposition
of any penalties provided by law, order the convicted person to reimburse
the Police Department for the costs associated with such arrest.
B.
Such
costs hereby authorized shall include the reasonable cost of making
the arrest, including the cost of any chemical test made as authorized
or required by law or ordinance 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.
C.
The
Chief of Police shall establish a schedule of such costs hereby authorized
and shall submit the same to the Municipal Judge. However, the Court
may order the costs reduced if it determines that the costs are excessive.
D.
Upon
receipt of such additional costs authorized by this Section, the City
Treasurer shall retain such costs in a separate fund to be known as
the "DWI/Drug Offense Cost Reimbursement Fund." Monies with such fund
shall be appropriated by the Board of Aldermen to the Police Department
in amounts equal to those costs so collected and shall be used by
such Department specifically to enhance and support the enforcement
and prosecution of alcohol- and drug-related traffic laws within the
City.
[Ord. No. 1055 §3, 3-26-1990]
All sums required by this Chapter or by law to be assessed as
court costs shall be collected by the Municipal Court Clerk and shall
be deposited not less frequently than monthly into the Municipal Treasury.
[Ord. No. 2027 §1, 8-22-2016]
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
as provided elsewhere in this Code 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
physical conditions in violation of such specified regulation; and
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:
a.
The property to be entered is located within the City; and
b.
The owner or occupant of the property to be entered has refused
to allow same after official request by the City, or is not available,
after reasonable investigation and effort, to consent to such entry
or inspection; and
c.
The City establishes probable cause to determine that a public
nuisance or other violation of a specified regulation as provided
herein may exist.
3.
Any such warrant shall be directed to the Chief of Police or
any other Police Officer of the City and shall be executed by the
Chief of Police or said Police Officer, in conjunction with the appropriate
Code Enforcement Officer or other appropriate official, 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 (a) has been
requested by the City to allow such action and has refused to allow
such action or (b) 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 issue 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 Police Officer 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 title of office indicated.
3.
Execution and return.
a.
A warrant issued under this Section shall be executed only by
a City Police Officer; provided, however, that one (1) or more designated
City officials shall accompany the Officer, 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 Officer 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 Officer 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
a 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 Officer may summon as many persons as he deems
necessary to assist him in executing the warrant.
(6)
An Officer executing an invalid warrant, the invalidity
of which is not apparent on its face, may use such force as he 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 Officer 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 (C)(1)(b) hereof;
4.
It was not issued with respect to the 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.
