[CC 1996 §125.010; CC 1981 §125.010; Ord. No. 477 §1, 12-18-1978]
There is hereby established in this City a Municipal Court to
be known as the "City of Breckenridge Hills, Missouri, Municipal Court,
a Division of the 21st Judicial Circuit Court of the State of Missouri".
This Court is a continuation of the Municipal 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. "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, including, but
not limited to, the use of a system of administrative adjudication
as provided in Section 479.011, RSMo., preliminary to a determination
by appeal to the court in question.
[CC 1996 §125.030; CC 1981 §125.030; Ord. No. 477 §3, 12-18-1978; Ord. No. 497 §§2 — 3, 11-28-1979]
A.
The
Judge of the City Municipal Court shall be known as a Municipal Judge
of the 21st Judicial Circuit Court and shall be selected as follows:
1.
He/she shall be appointed to his/her position by the City Council
for a term as specified herein.
2.
The City of Breckenridge Hills, Missouri, is hereby authorized to
contract with a duly licensed attorney in the State of Missouri to
serve as the Municipal Judge. Said Municipal Judge shall have those
powers and duties as set forth in said contract, the City ordinances,
the Statutes of the State of Missouri and the Missouri Rules of Civil
Procedure.
3.
Said Municipal Judge shall be compensated for his/her services rendered
as Municipal Judge pursuant to the provisions and terms of the contract
with said Municipal Judge.
[CC 1996 §125.040; CC 1981 §125.040; Ord. No. 477 §4, 12-18-1978]
The Municipal Judge shall hold his/her office for a period of
two (2) years and shall take office bi-annually from January 1, 1979.
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.
[CC 1996 §125.050; CC 1981 §125.050; Ord. No. 477 §5, 12-18-1978]
A.
The
Municipal Judge shall vacate his/her office under the following circumstances:
1.
Upon removal from office by the State Commission on the Retirement,
Removal and Discipline of Judges as provided in Missouri Supreme Court
Rule 12, or
2.
Upon attaining his/her seventy-fifth (75th) birthday, or
3.
If he/she should loose his/her license to practice law within the
State of Missouri.
[CC 1996 §125.060; CC 1981 §125.060; Ord. No. 477 §6, 12-18-1978; Ord. No. 497 §1, 11-28-1979]
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 Municipal Judge for any other municipality.
6.
He/she may not hold any other office within the City Government.
7.
The Municipal Judge shall be considered holding a part-time position
and as such may accept (within the requirements of the Code of Judicial
Conduct, Missouri Supreme Court Rule 2) other employment.
[CC 1996 §125.070; CC 1981 §125.070; Ord. No. 477 §24, 12-18-1978; Ord. No. 498 §8, 11-28-1979]
A.
There is hereby established the position of Provisional Municipal Judge of the City of Breckenridge Hills, Missouri. Said Provisional Municipal Judge shall possess the qualifications recited in Section 125.060 of this Chapter before he/she shall serve as Provisional Municipal Judge. Said Provisional Municipal Judge shall act in the name, place and stead of the Municipal Judge of the City of Breckenridge Hills, Missouri, and shall preside over sessions of the Municipal Court of the City of Breckenridge Hills, Missouri, when requested to do so by the Municipal Judge or by the Mayor with the approval of a majority of the members of the City Council. When sitting as Provisional Municipal Judge, said Judge shall hear and decide cases which shall come before him/her involving the ordinances of the City of Breckenridge Hills, Missouri, shall have the power to access punishment as provided in said ordinances and shall have those powers and perform those duties applicable to the Municipal Judge as set forth in this Code, the ordinances of the City of Breckenridge Hills, Missouri, the Statutes of the State of Missouri and the Missouri Rules of Practice and Procedure in Municipal and Traffic Courts promulgated by the Supreme Court of the State of Missouri. Said Provisional Municipal Judge shall be selected and appointed by the City Council by a majority vote of the City Council and shall serve at the pleasure of the City Council until he/she resigns or is terminated by said Council. Said appointment shall be made and confirmed by an ordinance duly enacted by the City Council. Said Provisional Municipal Judge shall hold office for the term of office recited in Section 125.040 of this Chapter. Said Provisional Municipal Judge shall receive for his/her services such compensation as may be specified from time to time by an ordinance duly enacted by the City Council.
B.
The
City of Breckenridge Hills, Missouri, is hereby authorized to contract
with a duly licensed attorney in the State of Missouri to serve as
the Provisional Municipal Judge. Said Provisional Municipal Judge
shall have those powers and duties as set forth in said contract,
the City ordinances, the Statutes of the State of Missouri and the
Missouri Rules of Civil Procedure.
C.
Said
Provisional Municipal Judge shall be compensated for his/her services
rendered as Provisional Municipal Judge pursuant to the provisions
and terms of the contract with said Provisional Municipal Judge.
[CC 1996 §125.080; CC 1981 §125.080; Ord. No. 477 §10, 12-18-1978]
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.
Commute the term of any sentence, stay execution of any fine or sentence,
suspend any fine or sentence and make such other orders as the Municipal
Judge deems necessary relative to any matter that may be pending in
the Municipal Court.
4.
Make and adopt such rules of practice and procedure as are necessary
to implement and carry out the provisions of this Chapter and to make
and adopt such rules of practice and procedure as are necessary to
hear and decide matters pending before the Municipal Court and to
implement and carry out the provisions of the Missouri Rules of Practice
and Procedure in Municipal and Traffic Courts. 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 States Statutes.
5.
The Municipal Judge shall have such other powers, duties and privileges
as are or may be prescribed by the laws of this State and other ordinances
of this City.
[Ord. No. 1213 §1, 5-19-2014]
A.
The department head for the Municipal Court Clerks shall be appointed
by the Mayor with the consent and approval of a majority of the elected
members of the City Council and shall hold such office until a successor
is duly appointed, unless sooner removed by the Mayor, with the approval
and majority of the elected members of the City Council.
B.
The department head shall serve as a liaison to confirm that said
Court fees and dues are paid in a timely manner and, if they are not,
notify the Municipal Judge of same.
C.
Upon request by the City Council, the department head will report
to the City Council as to the timeliness of all Court fees and dues
and consult with the Municipal Judge to determine and, upon request,
report as to the efficiency and competency of the Court Clerks.
D.
The department head shall not have access over personal court files,
records and/or active criminal, traffic and housing matters and shall
not interfere in any manner with said matters.
[CC 1996 §125.090; CC 1981 §125.090; Ord. No. 477 §7, 12-18-1978]
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.
[CC 1996 §125.100; CC 1981 §125.100; Ord. No. 477 §8, 12-18-1978; Ord. No. 1081 §§1 — 2, 8-16-2004]
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 City Council of the City for examination at its first (1st) session
thereafter. The Municipal Court shall, within ten (10) days after
the first (1st) of the month, pay to the City Treasurer the full amount
of all fines collected during the preceding months, if they have not
been previously paid.
[CC 1996 §125.110; CC 1981 §125.110; Ord. No. 477 §9, 12-18-1978]
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 St. Louis 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 Presiding Judge of the Circuit.
[CC 1996 §125.120; CC 1981 §125.120; Ord. No. 477 §11, 12-18-1978]
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.
[CC 1996 §125.130; CC 1981 §125.130; Ord. No. 477 §12, 12-18-1978]
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.
[CC 1996 §125.140; CC 1981 §125.140; Ord. No. 610 §1, 11-21-1983]
The Chief of Police or other Police Officer of the City shall,
without a warrant, make arrests 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. The power of arrest authorized by this Section is in addition
to all other powers conferred upon Law Enforcement Officers and shall
not be construed so as to limit or restrict any other power of any
Law Enforcement Officer.
[CC 1996 §125.150; CC 1981 §125.150; Ord. No. 477 §14, 12-18-1978]
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.
[CC 1996 §125.160; CC 1981 §125.160; Ord. No. 477 §15, 12-18-1978]
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 in any case.
[CC 1996 §375.025; CC 1981 §390.030; Ord. No. 450 §8, 12-5-1977]
Any person who has been guilty of two (2) or more violations
of the provisions of this Code within the preceding twelve (12) months
shall not be permitted to pay a fine to the Traffic Violations Bureau,
but must appear in court at the specified time by said notice.
[CC 1996 §125.170; CC 1981 §125.170; Ord. No. 377 §§1 —
2, 7-21-1975]
A.
It
shall be unlawful for any person to willfully violate his/her written
promise to appear in connection with a summons or notice issued to
him/her to appear in the Municipal Court of the City of Breckenridge
Hills on a specified date.
B.
Any
person who violates any of the provisions of this Section shall be
guilty of a misdemeanor, regardless of the disposition of the charge
on which he/she was originally arrested. Upon conviction, such person
shall be punished by a fine not to exceed five hundred dollars ($500.00)
or by imprisonment for a period not to exceed ninety (90) days, or
by both such fine and imprisonment.
[CC 1996 §375.030; CC 1981 §390.040]
Whenever any motor vehicle without driver is found parked or
stopped in violation of any of the restrictions imposed by ordinance
of the City or by State law, the officer finding such vehicle shall
take its registration number and may take any other information displayed
on the vehicle which may identify its user and shall conspicuously
affix to such vehicle a uniform summons and complaint for the driver
to answer to the charge against him/her within five (5) days during
the hours and at a place specified in the uniform summons and complaint.
[CC 1996 §125.180; CC 1981 §125.180; Ord. No. 477 §16, 12-18-1978]
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.
[CC 1996 §125.190; CC 1981 §125.190; Ord. No. 477 §17, 12-18-1978]
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.
[CC 1996 §125.200; CC 1981 §125.200; Ord. No. 477 §18, 12-18-1978]
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 custody of St. Louis County Department of Justices
Services or any other confinement that is available to the City by
contract. The municipality shall pay the board of such prisoner at
the same rate as may now or hereafter be allowed for the keeping of
such prisoner in custody. The same shall be taxed as cost.
[CC 1996 §125.210; CC 1981 §125.210]
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.
[CC 1996 §125.220; CC 1981 §125.220; Ord. No. 273 §§2 —
4, 4-17-1967; Ord. No. 477 §§20 — 21, 12-18-1978]
A.
Right Of Appeal. 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
do novo before a Circuit Judge or on assignment before an Associate
Circuit Judge. An application for a trial do 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 rules.
B.
Appeal From Jury Verdicts. 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.
C.
Appeal Bonds. Appeal bonds shall be in such sum as may be
approved by the Judge, but in no case less than one hundred dollars
($100.00). A defendant may be released to appear on his/her own recognizance.
The bond shall be in the form prescribed by law or Court rules and
approved by the Judge.
D.
Amount Of Fine In Lieu Of Bonds. Any defendant wishing to
appeal from the judgment of the Court assessing a fine shall, in lieu
of bond, deposit with the Clerk the amount of fine and costs, which
the Clerk shall receive as collateral security for the fine until
such appeal is perfected, when it shall be returned to the defendant;
but if the appeal is not perfected within ten (10) days, the said
collateral shall be applied to satisfy the fine and costs, the deposit
is a temporary arrangement for the convenience of the defendant and
does not eliminate the requirement for an appeal bond within ten (10)
days. It is intended only to permit the defendant time in which to
make arrangements for a bond and complete his/her appeal.
E.
Case Or Government Securities In Lieu Of Sureties. In lieu
of sureties on an appeal or appearance bond, the defendant may deposit
case or government securities with the City in an amount fixed by
the Judge for the bond. Sureties may deposit cash or securities in
lieu of other qualifications. Such deposits shall be approved by the
Judge or Clerk and delivered to or receipted for by the Clerk.
[CC 1996 §125.230; CC 1981 §125.230; Ord. No. 477 §22, 12-18-1978]
In the case of a breach of any recognizance entered into before
a Municipal Judge or an Associate Circuit Judge hearing a municipal
ordinance violation case, the same shall be deemed forfeited and the
Judge shall cause the same to be prosecuted against the principal
and surety, or either of them, in the name of the municipality as
plaintiff. Such action shall be prosecuted before a Circuit Judge
or Associate Circuit Judge and in the event of cases caused to be
prosecuted by a Municipal Judge, such shall be on the transcript of
the proceedings before the Municipal Judge. All monies recovered in
such actions shall be paid over to the Municipal Treasury to the General
Revenue Fund of the municipality.
[CC 1996 §125.240; CC 1981 §125.240; Ord. No. 477 §23, 12-18-1978]
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 (1) affidavit or disqualification in
the same case.
[Ord. No. 1197 §§1 — 3, 10-21-2013]
A.
It shall be unlawful and an impeachable offense for any member of
the Breckenridge Hills City Council, including the Mayor and/or any
Council member to interfere with and/or attempt to exert undue influence
upon the Breckenridge Hills Municipal Court, Judge, prosecutor and/or
Court Clerk with respect to any traffic and/or ordinance violation
written by any member of the Breckenridge Hills Police/Code Enforcement
Department(s).
B.
UNDUE INFLUENCE
Definitions. As used in this Section, the following
terms shall have the meanings indicated:
That influence which by force, coercion, or over-persuasion
destroys the free agency and/or the free decision-making ability of
the benefactor. Also, the subjective opinion of the Municipal Judge,
prosecutor and/or Court Clerk.
C.
Any person convicted of violating the provisions of this Section
shall be punished by a fine not to exceed one hundred dollars ($100.00),
and such violation shall be considered an "impeachable offense," as
defined by Missouri law.
[CC 1996 §125.250; CC 1981 §125.250; Ord. No. 477 §25, 12-18-1978]
A.
There
is hereby created the position of Clerk of the Municipal Court of
the City of Breckenridge Hills, Missouri. The duties of said Clerk
shall be as follows:
1.
To collect such fines for violations of such offenses as may be described
and the Court costs thereof.
2.
To take oaths and affirmations.
3.
To accept signed complaints and allow the same to be signed and sworn
to or affirmed before him/her.
4.
Sign and issue subpoenas requiring the attendance of witnesses and
sign and issue subpoenas duces tecum.
5.
Accept the appearance, waiver of trial and plea of guilty and payment
of fine and costs in Violations Bureau cases or as directed by the
Municipal Judge; generally act as Violations Clerk of the Violations
Bureau.
6.
Perform all other duties as provided for by ordinance, by rules of
practice and procedure adopted by the Municipal Judge and by the Missouri
Rules of Practice and Procedure in Municipal and Traffic Courts and
by Statute.
7.
Maintain, properly certified by the City Clerk, a complete copy of
the ordinances of the City which shall 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
St. Louis County.
[CC 1996 §125.260; Ord. No. 1044 §1, 9-16-2002]
A.
In
addition to any fine that may be imposed by the Municipal Judge, there
shall be assessed as Court costs or recoupment fees the following:
1.
Municipal Court costs in the amount of twelve dollars ($12.00) in
all cases.
2.
For each defendant who pleads guilty or is found guilty, an additional
surcharge in the amount of three dollars ($3.00), provided that no
such fee shall be collected in any proceeding when the proceeding
or defendant has been dismissed by the Court. All sums collected pursuant
to this Subsection shall be distributed as follows:
a.
Two dollars ($2.00) of the three dollars ($3.00) shall be transmitted
monthly to the Treasurer of the City to be used to pay for Police
Officer training as provided by Sections 590.100 to 590.180, RSMo.
The City shall not retain for training purposes more than one thousand
five hundred dollars ($1,500.00) of such funds for each certified
Law Enforcement Officer or candidate for certification employed by
the City. Any excess funds shall be transmitted quarterly to the City's
General Fund.
b.
One dollar ($1.00) of the three dollars ($3.00) shall be shall be
sent to the Missouri Treasury to the credit of the Peace Officer Standards
and Training Commission Fund created by Section 590.178, RSMo.
3.
For each defendant who pleads guilty, is found guilty or receives
a suspended imposition of sentence, an additional surcharge for the
Crime Victims' Compensation Fund in the amount of seven dollars fifty
cents ($7.50), provided that no such fee shall be collected in any
proceeding when the proceeding or the defendant has been dismissed
by this Court. The Court Clerk shall allocate seven dollars thirteen
cents ($7.13) of said surcharge to the Missouri Department of Revenue
and the remaining thirty-seven cents ($0.37) to the City Treasury.
4.
Upon a plea of guilty, a finding of guilty or a suspended imposition of sentence (SIS) for any offense charged pursuant to Chapter 342 of the City Code requiring the administration of a blood alcohol or similar test, recoupment to the City for the reasonable costs relating to the investigation, arrest, processing and incarceration of said defendant, including the cost of any necessary chemical test, all as provided in Section 342.040 hereof. In assessing such reimbursable costs the Municipal Court shall consider the schedule of costs established by the City's Police Department, but the Court has the authority to reduce such costs if determined to be excessive.
5.
Upon a plea of guilty, a finding of guilty or a suspended imposition
of sentence (SIS) for any municipal offense violation, recoupment
to the City for the reasonable costs relating to the investigation,
arrest, processing and incarceration of said defendant. In assessing
such reimbursable costs the Municipal Court shall consider the schedule
of costs established by the City's Police Department, but the Court
has the authority to reduce such costs if determined to be excessive.
6.
In addition, upon a plea of guilty, a finding of guilty or a suspended
imposition of sentence (SIS) for any municipal offense violation,
the Municipal Court may assess the following miscellaneous charges
in accordance with a schedule of fees established by the Municipal
Court, such schedule to be posted in the office of the Municipal Court
Clerk and made available on request:
a.
For the issuance of a warrant, issuance of a commitment, letter of
notice of failure to appear in Court, issuance of a summons and continuances
requested by defendant and granted;
b.
The actual charges assessed against the City for apprehension by
or confinement in another municipal or County jurisdiction;
c.
Charges for mileage, in the same amount as provided to the County
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;
d.
Appeal costs from Municipal Court to the Circuit Court of St. Louis
County as required by the St. Louis County Circuit Clerk; and
e.
Expert witness fees required by the City shall be taxed as costs
by the Court. Expert witnesses are witnesses who testify relative
to matters outside the scope of general knowledge and possess special
skills and knowledge.
[CC 1996 §125.270; CC 1981 §125.270; Ord. No. 416 §2, 12-20-1976]
The aforesaid Court costs shall be assessed and collected from
the defendant in all cases upon either a plea of guilty by the defendant
or a finding of guilty by the Municipal Judge or the Provisional Municipal
Judge of the City of Breckenridge Hills, Missouri, or by any duly
appointed Acting Municipal Judge of the City of Breckenridge Hills,
Missouri. Said Judges shall have the authority to waive the assessment
and/or collection of Court costs in any case.
[CC 1996 §125.280; CC 1981 §125.280; Ord. No. 477 §27, 12-18-1978]
The costs of any action may be assessed against the prosecuting
witness and judgment 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.
[CC 1996 §125.290; CC 1981 §125.290; Ord. No. 416 §4, 12-20-1976; Ord. No. 477 §28, 12-18-1978]
A.
The
Court costs herein established shall be in addition to any fine or
other punishment levied by the Court pursuant to the provisions of
the ordinances of the City of Breckenridge Hills, Missouri, and shall
be paid and collected before the defendant is released from custody
after trial or as directed and specified by the Municipal Judge, the
Provisional Municipal Judge or any duly appointed Acting Municipal
Judge of the City of Breckenridge Hills, Missouri.
B.
When
a fine is assessed for violating an ordinance, it shall be within
the discretion of the Judge assessing the fine to provide for the
payment of a fine on an installment basis under such terms and conditions
as he/she may deem appropriate.
[Ord. No. 987 §1, 6-21-1999]
A.
Administrative Warrant Defined — Who May Issue, Execute.
1.
An "administrative warrant" is a written order of
the Municipal Judge of the City of Breckenridge Hills, Missouri, commanding
the search, inspection or seizure of any property or place and the
photographing, copying or recording of property or physical conditions
found thereon or therein to determine the existence of or to abate
violations of any ordinance of the City. An administrative warrant
may be issued to search for, inspect, seize, photograph, copy or record
any property, article, material or substance that constitutes evidence
of the violation of any City ordinance.
2.
The Municipal Judge of the City, having original and exclusive jurisdiction
to determine violations against the ordinances of the municipality,
may issue an administrative warrant when the property or place to
be searched, inspected or seized is located within the municipality
at the time of the making of the application.
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 within the City limits 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
jurisdictions as provided for in warrants in criminal cases.
B.
Who May Apply For Warrant — Contents Of Application.
1.
Any Police Officer or the Prosecuting 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, article, material, substance or person which
is to be searched for and seized, in sufficient detail and particularity
that the officer executing the warrant can readily ascertain it;
d.
State facts sufficient to show probable cause for the issuance of
a search warrant to search or inspect for violations of any City ordinance;
e.
Be verified by the oath or affirmation of the applicant; and
f.
Be signed by the Prosecuting Attorney of the City or his/her designated
assistant 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 search warrant
and in filling out any deficiencies in the description of the person,
place or thing to be searched or of the property, article, material,
substance or person to be seized. Oral testimony shall not be considered.
The application may be submitted by facsimile or other electronic
means.
C.
Hearing — Contents Of Warrant — Execution And Return.
1.
The Municipal Judge shall hold a non-adversarial hearing to determine
whether sufficient facts have been stated to justify the issuance
of a warrant. If it appears from the application and any supporting
affidavit that there is probable cause to inspect, search or seize
property for violations of any City ordinance, a 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.
2.
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, article, material, substance or person which
is to be searched for and seized, in sufficient detail and particularity
that the officer executing the warrant can readily ascertain it;
e.
Command that the described property or places be searched, inspected
or seized and that any photographs, copies or recordings of any evidence
of any City ordinance violations found therein or thereon 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;
f.
Be signed by the Judge with his/her title of office indicated.
3.
Additional requirements.
a.
A warrant issued under this Section may be executed only by a Police
Officer in the following manner:
(1)
The warrant shall be executed by conducting the search, inspection
or seizure commanded and shall be executed as soon as practicable
and in a reasonable manner;
(2)
The warrant may be executed at night if making it during the
daytime is not practicable;
(3)
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. A search and any subsequent searches of the contents
of any property, article, material or substance seized and removed
from the location of the execution of any search warrant during its
execution may be conducted at any time during or after the execution
of the warrant, subject to the continued existence of probable cause
to search the property, article, material or substance seized and
removed. A search and any subsequent searches of the property, article,
material or substance seized and removed may be conducted after the
time for delivering the warrant, return and receipt to the issuing
judge has expired. A supplemental return and receipt shall be delivered
to the issuing judge upon final completion of any search which concludes
after the expiration of time for delivering the original return and
receipt.
b.
After execution of the warrant, the warrant with a return thereon,
signed by the officer executing same, shall be delivered to the Judge
who issued the warrant. The return shall show the date and manner
of execution, what was searched, inspected, seized, photographed,
copied or recorded and the name of the possessor and of the owner
of the property or places searched, inspected or seized, when he/she
is not the same person, if known.
D.
Warrant Invalid — When. A warrant shall be deemed
invalid:
1.
If it was not issued by the Municipal Judge of the City;
2.
If it was issued without a written application having been filed
and verified;
3.
If it was issued without probable cause;
4.
If it was not issued with respect to property or places in the City;
5.
If it does not describe the person, place or thing to be searched
or the property, article, material, substance or person to be seized
with sufficient certainty;
6.
If it is not signed by the Judge who issued it; or
7.
If it was not executed within the time period prescribed by Subsection (C)(3)(a)(3) of this Section.
