Notwithstanding the terms of this Chapter 110, the City has elected to have all violations of municipal ordinances of the City heard and determined by an Associate Circuit Judge or Judges of the Circuit Court of Clay County, Missouri. All provisions of this Chapter 110 inconsistent therewith are hereby deemed superseded. All authorities granted by this Chapter remain in effect in addition to all inherent authority in the Associate Circuit or Circuit Judge handling Municipal cases on behalf of the City.
[R.O. 1991 § 110.010; Ord. No. 755 § 1, 12-16-1978]
There is hereby established in this City a Municipal Court, to be known as the "Smithville Municipal Court," a Division of the Seventh 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."
[R.O. 1991 § 110.020; Ord. No. 755 § 2, 12-16-1978]
The jurisdiction of the Municipal Court shall extend to all cases involving alleged violations of the ordinances of the City in accordance with Section 479.010, RSMo.
[R.O. 1991 § 110.030; Ord. No. 755 § 3, 12-16-1978; Ord. No. 2911-14 § 1, 12-2-2014]
The Judge of the City's Municipal Court shall be known as a "Municipal Judge of the Seventh Judicial Circuit Court," and shall be selected by appointment to the position by the Mayor with approval of a majority of the members of the Board of Aldermen for a term as specified herein.
[Ord. No. 3024-18, 10-16-2018]
Through the term ending December 31, 2018, the Municipal Judge shall hold his/her office for a period of two (2) years and shall take office biannually from January 1, 1979. If for any reason a Municipal Judge vacates his/her office, his/her successor as chosen pursuant to Section 110.030 shall complete that term of office, even if the same be for less than two (2) years.
Beginning January 1, 2019, any Circuit or Associate Circuit Judge assigned by the Presiding or Supervising Judge of the appropriate Circuit Court shall serve as the Municipal Judge for the City of Smithville, Missouri.
[R.O. 1991 § 110.060; Ord. No. 755 § 6, 12-16-1978]
The Municipal Judge shall possess the following qualifications before he/she shall take office:
He/she must be a licensed attorney, qualified to practice law within the State of Missouri.
He/she must be a resident of the State of Missouri.
He/she must be between the ages of twenty-one (21) and seventy-five (75) years.
He/she may serve as Municipal Judge for any other municipality.
He/she may not hold any other office within the City Government.
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.
[R.O. 1991 § 110.070; Ord. No. 755 § 7, 12-16-1978]
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/her directives.
[R.O. 1991 § 110.080; Ord. No. 755 § 8, 12-16-1978]
The Municipal Judge shall cause to be prepared within the first ten (10) days of every month a report indicating the following:
A list of all cases heard and tried before the Court during the preceding month, giving in each case the name of the defendant, the fine imposed if any, the amount of cost, the names of the defendants committed and in the cases where there was an application for trial de novo, respectively. The same shall be prepared under oath by the Municipal Court Clerk or the Municipal Judge. This report will be filed with the City Clerk, who shall thereafter forward the same to the Board of Aldermen of the City for examination at its first session thereafter. The Municipal Court shall, within the ten (10) days after the first of the month, pay to the Municipal Treasurer the full amount of all fines collected during the preceding months, if they have not previously been paid.
[R.O. 1991 § 110.090; Ord. No. 755 § 9, 12-16-1978]
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 Clay County. The Municipal Judge shall deliver the docket and records of the Municipal Court, and all books and papers pertaining to his/her office, to his/her successor in office or to the preceding Judge of the circuit.
[R.O. 1991 § 110.100; Ord. No. 755 § 10, 12-16-1978]
The Municipal Judge shall be and is hereby authorized to:
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, RSMo.
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.
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.
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. Any and all rules made or adopted hereunder may be annulled or amended by an ordinance limited to such purpose; provided that such ordinance does not violate, or conflict with, the provisions of the Missouri Rules of Practice and Procedure in Municipal and Traffic Courts, or State Statutes.
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.
[R.O. 1991 § 110.110; Ord. No. 755 § 11, 12-16-1978; Ord. No. 1914-00 § 1, 1-25-2000]
Should the Municipal Judge determine that there shall be a Violations Bureau, the City shall provide all expenses incident to the operation of the same. The Municipal Court Clerk is hereby designated as the Violations Clerk for said Bureau, if established.
[R.O. 1991 § 110.120; Ord. No. 755 § 12, 12-16-1978]
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 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.
[R.O. 1991 § 110.125; Ord. No. 1991-01 § 1, 3-27-2000]
Search Warrant Defined — Who May Issue — Execute.
An administrative search warrant is a written order of the Municipal Judge commanding the search or inspection of any property, place or thing and the seizure, photographing, copying or recording of property or physical conditions found thereon or therein to determine or prove the existence of violations of any ordinance or Code Section of the City of Smithville, Missouri, relating to the use, condition or occupancy of property or structures located within the City of Smithville, Missouri, or to enforce the provisions of any such ordinance or Code Section.
The Municipal Judge having original and exclusive jurisdiction to determine violations against the ordinances of the municipality may issue an administrative search warrant when the property or place to be searched or inspected or the thing to be seized is located within the City of Smithville, Missouri, at the time of the making of the application and the owner or occupant of the property or place to be search or inspected or the thing to be seized has refused to allow same after official request by the City of Smithville, Missouri.
Any such warrant shall be directed to the Chief of Police or any other Police Officer of the City of Smithville, Missouri, and shall be executed by the Chief of Police or said Police Officer within the Smithville, Missouri, City limits and not elsewhere.
Who May Apply For Warrant — Contents Of Application.
Any Police Officer or an attorney of the City of Smithville, Missouri, may make application to the Municipal Judge for the issuance of an administrative search warrant.
The application shall:
State the time and date of the making of the application;
Identify the property or places to be entered, search, inspected or seized in sufficient detail and particularity that the officer executing the warrant can readily ascertain it;
State that the owner or occupant of the property or places to be entered, searched, inspected or seized has been requested by the City of Smithville, Missouri, to allow such action and has refused to allow such action;
State facts sufficient to show probable cause for the issuance of a search warrant, as provided in Subsection (C)(1) hereof, to search or inspect for violations of an ordinance or Code Section specified in the application or show that entry or seizure is authorized and necessary to enforce an ordinance or Code Section specified in the application and that any required due process has been afforded prior to the entry or seizure;
Be verified by the oath or affirmation of the applicant; and
Be signed by the applicant and filed in the Municipal Court.
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 search warrant and in filling out any deficiencies in the description of the property or place to be searched or inspected. Oral testimony shall not be considered.
Hearing And Procedure — Contents Of Warrant — Execution And Return.
Hearing And Procedure.
The Municipal Judge shall hold a non-adversary hearing to determine whether probable cause exists to inspect or search for violations of any City of Smithville, Missouri, ordinance or Code Section or to enforce any such ordinance or Code Section.
In doing so, the Municipal Judge shall determine whether the action to be taken by the City of Smithville, Missouri, 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 physical condition of the specified property, the age and nature of the property, the condition of the area in which the property is located, the known violation of any relevant City of Smithville, Missouri, ordinance or Code Section, and the passage of time since the property's last inspection. The standard for issuing a warrant need not be limited to actual knowledge of an existing violation of a City of Smithville, Missouri, ordinance or Code Section.
If it appears from the application and any supporting affidavit that there is probable cause to inspect or search for violations of any City of Smithville, Missouri, ordinance or Code Section, or to enforce any such ordinance or Code Section, a search warrant shall immediately be issued.
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.
Contents Of Search Warrant.
The search warrant shall:
Be in writing and in the name of the City of Smithville, Missouri;
Be directed to any Police Officer in the City of Smithville, Missouri;
State the time and date the warrant was issued;
Identify the property or places to be searched, inspected or entered upon in sufficient detail and particularity that the officer executing the warrant can readily ascertain it;
Command that the described property or places be searched or entered upon, and that any evidence of any City of Smithville, Missouri, ordinance violations found therein or thereon, or any property seized pursuant thereto, or a description of such property seized, be returned, within ten (10) days after filing of the application, to the Municipal Judge who issued the warrant, to be dealt with according to law;
Be signed by the Judge, with his/her title or office indicated.
Execution And Return.
A search warrant issued under this Section shall be executed only by a City of Smithville, Missouri, Police Officer, provided however, that one (1) or more designated City of Smithville, Missouri, officials may accompany the officer, and the warrant shall be executed in the following manner:
The warrant shall be executed by conducting the search, inspection, entry or seizure as commanded and shall be executed as soon as practicable and in a reasonable manner.
The officer shall give the owner or occupant of the property search, inspected or entered upon a copy of the warrant.
If any property is seized incident to the search, 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, the officer shall leave the receipt at the site of the search in a conspicuous place.
A copy of the itemized receipt of any property taken shall be delivered to an attorney for the City of Smithville, Missouri, within two (2) working days of the search.
The disposition of property seized pursuant to a search warrant under this Section shall be in accordance with an applicable City of Smithville, Missouri, ordinance or Code Section, but in the absence of same, then with Section 542.301 of the Revised Statutes of Missouri.
The officer may summon as many persons as he/she deems necessary to assist him/her in executing the warrant, and such persons shall not be held liable as a result of any illegality of the search and seizure.
An officer making a search pursuant to 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.
A search 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.
After Execution — Return.
After execution of the search warrant, the warrant, with a return thereon signed by the officer making the search, shall be delivered to the Municipal Court.
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 or places searched or seized.
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.
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 search or seized.
Warrant Invalid — When. A search warrant shall be deemed invalid:
If it was not issued by the Municipal Judge;
If it was issued without a written application having been filed and verified;
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;
If it was not issued with respect to property or places in the City of Smithville, Missouri;
If it does not describe the property or places to be searched, inspected, entered upon or seized with sufficient certainty;
If it is not signed by the Judge who issued it; or
If it was not executed and the required return made within ten (10) days after the date of the making of the application.
[R.O. 1991 § 110.130; Ord. No. 755 § 13, 12-16-1978]
The Chief of Police or other Police Officer of the City may, 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.
[R.O. 1991 § 110.140; Ord. No. 755 § 14, 12-16-1978]
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.
[R.O. 1991 § 110.150; Ord. No. 755 § 15, 12-16-1978]
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/her necessary expenses incurred in such prosecutions shall be paid by the City. The compensation of such attorney shall not be contingent upon the result of any case.
[R.O. 1991 § 110.160; Ord. No. 755 § 16, 12-16-1978]
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 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.
[R.O. 1991 § 110.170; Ord. No. 755 § 17, 12-16-1978]
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/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 Judge within the County.
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 577.023, RSMo., or has had two (2) or more previous alcohol-related enforcement contacts as defined in Section 302.525, RSMo.
[R.O. 1991 § 110.180; Ord. No. 755 § 18, 12-16-1978]
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 to such Sheriff for the keeping of such prisoner in his/her custody. The same shall be taxed as cost.
[R.O. 1991 § 110.190; Ord. No. 755 § 19, 12-16-1978]
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.
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:
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.
The Court may modify or enlarge the conditions of probation at any time prior to the expiration or termination of the probation term.
[R.O. 1991 § 110.200; Ord. No. 755 § 20, 12-16-1978]
In all cases tried before the Municipal Court, 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 Judge or Municipal Court on assignment before an Associate Circuit Judge. An application for a trial de novo shall be filed with ten (10) days after judgment and shall be filed in such form and perfected in such manner as provided by Supreme Court rules.
[R.O. 1991 § 110.210; Ord. No. 755 § 21, 12-16-1978]
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 Appellate Court.
[R.O. 1991 § 110.220; Ord. No. 755 § 22, 12-16-1978]
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 City.
[R.O. 1991 § 110.230; Ord. No. 755 § 23, 12-16-1978]
A 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 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 affidavit or disqualification in the same case.
[R.O. 1991 § 110.240; Ord. No. 755 § 24, 12-16-1978; Ord. No. 2665-08 § 1, 10-21-2008; Ord. No. 2911-14 § 2, 12-2-2014]
If a Municipal Judge be absent or sick, the Mayor with approval of a majority of the members of the Board of Aldermen may designate an eligible person to act as Municipal Judge until such absence or disqualification shall cease.
[R.O. 1991 § 110.250; Ord. No. 755 § 25, 12-16-1978; Ord. No. 2911-14 § 3, 12-2-2014]
The City Administrator, with the consent of the Municipal Judge, shall designate a suitable person as the Clerk of the Municipal Court.
To act for the Chief of Police in the collection of fines and Court costs;
To take oaths and affirmations;
To accept signed complaints, and allow the same to be signed and sworn to or affirmed before him/her;
Sign and issue subpoenas requiring the attendance of witnesses and sign and issue subpoenas duces tecum;
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 Violation Clerk of the Traffic Violations Bureau;
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;
Maintain, properly certified by the City Clerk, a complete copy of the ordinances of the City which constitute prima facie 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.
[R.O. 1991 § 110.260; Ord. No. 1114 § 1, 8-9-1988; Ord. No. 1713 § 1, 12-17-1996; Ord. No. 2029-01 § 1, 9-18-2001; Ord. No. 2875-13 § 1, 8-20-2013]
In addition to any fine that may be imposed by the Municipal Judge, there shall be assessed as costs in all cases, the following:
Pursuant to Sections 479.260 and 488.012.3.6, RSMo., Court costs shall include a Municipal Court fee of twelve dollars ($12.00) per case.
Pursuant to Section 488.5336, RSMo., Court costs shall include three dollars ($3.00) for the Peace Officers' Training Fund, except in those cases where the defendant is found by the Judge to be indigent and unable to pay the costs; provided, further, that one dollar ($1.00) of the three dollars ($3.00) collected for the Peace Officers' Training Fund shall be sent to the State Treasury to the credit of the Peace Officer Standards and Training Commission Fund, and the remaining two dollars ($2.00) shall be paid into the City of Smithville Law Enforcement Training Fund.
Pursuant to Section 479.261, RSMo., Court costs shall include two dollars ($2.00) for Synergy House, a shelter for victims of domestic violence, except in those cases where the defendant is found by the Judge to be indigent anal unable to pay the costs.
Pursuant to Section 57.955, RSMo., Court costs shall include three dollars ($3.00) for the Sheriffs' Retirement Fund.
Pursuant to Section 595.045, RSMo., a surcharge of seven dollars and fifty cents ($7.50) for the Crime Victims' Compensation Fund shall be assessed as Court costs against any municipal ordinance violation, traffic law, non-moving traffic law and infraction, except that no such surcharge shall be collected in any case when the proceeding or the defendant has been dismissed by the Court or in cases where the defendant is found by the Judge to be indigent and unable to pay the costs; provided, further, that seven dollars and thirteen cents ($7.13) shall be remitted to the State Department of Revenue and thirty-seven cents ($0.37) shall be remitted to the City Treasurer.
Pursuant to Section 304.027, RSMo., any person convicted of an intoxication-related offense, as provided in Section 577.023, RSMo., shall have a judgment of twenty-five dollars ($25.00) assessed; further provided, that collection by the Court shall be paid to the State Department of Revenue to the credit of the Spinal Cord Injury Fund.
Upon a plea of guilty, finding of guilt or conviction for violation of the provisions of Title III (alcohol- or drug-related traffic offenses), the Court shall, in addition to imposition of any penalties provided by law, order the person to reimburse the City of Smithville for the costs associated with such arrest.
Such costs shall include the reasonable cost of making the arrest, including the cost of any chemical tests 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.
The Chief of Police may establish a schedule of such costs for submission to the Court; however, the Court may order the costs reduced if it determines that the schedule of costs is excessive given the circumstances of the case or for good cause shown.
This fund 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.
The City Treasurer shall retain fees in a separate fund known as the "DWI/Drug Enforcement Fund." Monies within the DWI/Drug Enforcement Fund shall be appropriated by the Board of Aldermen 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 of Smithville.
[R.O. 1991 § 110.270; Ord. No. 1025 § 1, 9-8-1986; Ord. No. 1445 § 1, 6-9-1992]
Any person who has been convicted in a Municipal Court and sentenced by the Municipal Judge for violation of any ordinance of the City, whether the punishment be by fine or by imprisonment or both, may be put to work to perform labor on the public streets, highways, alleys, or other public works or buildings of the City. It shall be deemed a part of the judgment and sentence of the Court that such prisoner may be worked as herein provided. The Chief of Police shall have power and be authorized to have or cause all such prisoners to work out the full number of days for which they have been sentenced.
If the punishment is by fine and the fine be not paid, then for every thirty dollars ($30.00) of such judgment, the prisoner shall work one (1) day.
The defendant 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.
The Court may modify or enlarge the conditions of probation at any time prior to the expiration or termination of the probation term.
[R.O. 1991 § 110.280; Ord. No. 1025 § 1, 9-8-1986]
In all cases where the defendant is required to work out the whole or any part of the fine and costs imposed on him/her, the Chief of Police shall designate the kind of work required of the prisoner, and it shall be such labor as his/her health and strength shall permit, not exceeding eight (8) hours per day. On performance of the required amount of labor, the prisoner shall be discharged from custody by the Chief of Police, who shall make return on the execution of such facts, specifying therein the kind of employment and number of days of work done. Such labor shall be done at the direction and under the supervision of the Chief of Police, or such other person as he/she may appoint.
[R.O. 1991 § 110.290; Ord. No. 755 § 27, 12-16-1978]
The costs of any action may be assessed against the prosecuting witness and judgments be rendered against him/her that he/she pay the same and stand committed until paid in any case where it appears to the satisfaction of the Municipal Judge that the prosecution was commenced without probable cause and from malicious motives.
[R.O. 1991 § 110.300; Ord. No. 755 § 28, 12-16-1978]
When a fine is assessed for violating an ordinance, it should 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/she may deem appropriate.
[R.O. 1991 § 110.310; Ord. No. 755 § 29, 12-16-1978]
The City Clerk is directed to file a certified copy of Ordinance No. 755 with the Circuit Clerk of this County, the same to serve as official notification of the City's intention to retain its Municipal Court.
[R.O. 1991 § 110.320; Ord. No. 942 § 1, 7-10-1984]
It shall be unlawful for any person, to fail to appear, in the Smithville Municipal Court, for any violation of City ordinance, which said person has been charged; and, Court appearance date set, by the Municipal Court Clerk of the City.
[R.O. 1991 § 110.330; Ord. No. 942 § 2, 7-10-1984]
It shall be unlawful for any person to fail to appear in the Smithville Municipal Court who has been personally served with summons or subpoena requesting their appearance in said Court as witness or defendant of any violation of City ordinance.
[R.O. 1991 § 110.340; Ord. No. 942 § 3, 7-10-1984]
The Municipal Judge of the Smithville Municipal Court may upon his/her finding of any person in violation of this Chapter, issue a bench warrant for said person, for the separate violation of failure to appear for the Court appearance of the original violation of the Municipal ordinance for which said person was charged.
[R.O. 1991 § 110.350; Ord. No. 942 § 4, 7-10-1984; Ord. No. 1907-99 § 2, 12-21-1999]
Any person convicted of violating any provision of this Chapter shall be punished by a fine of not more than five hundred dollars ($500.00), or by imprisonment for a period not to exceed ninety (90) days, or by both such fine and imprisonment.
[R.O. 1991 § 110.360; Ord. No. 995 §§ 1 — 2, 11-12-1985; Ord. No. 1907-99 § 3, 12-21-1999]
It shall be unlawful to neglect or refuse to comply with any sentence imposed by the Municipal Court of the City of Smithville.
Any person neglecting or refusing to comply with a sentence imposed by the Municipal Court of the City shall upon conviction thereof be punished by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), or by imprisonment for a period not to exceed ninety (90) days, or by both such fine and imprisonment.
[R.O. 1991 § 110.370; Ord. No. 1908-99 §§ 1 — 2, 12-21-1999]
If entry onto the private property of a citizen of Smithville, Missouri, in an area thereof wherein there may be a constitutionally recognized expectation of privacy is required, or allowed by any ordinance of the City, the City Officials so required or allowed shall, before said entry, secure consent of the owner or a search warrant from the Municipal Court, upon a showing of probable cause and substantially in accordance with the Missouri Rules of Criminal Procedure for similar warrants.
The Municipal Court upon good cause shown is also authorized to issue other appropriate orders to aid in the enforcement of the City's ordinances as may be allowed by law.