[Ord. No. 1873 §I, 9-15-2009]
There is hereby established a Municipal Court to be known as the "Warrenton Municipal Court, a Division of the 12th 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".
[Ord. No. 1873 §I, 9-15-2009; Ord. No. 2629, 8-17-2021]
A. 
The jurisdiction of the Municipal Court shall extend to all cases involving alleged violations of the ordinances of the City committed by adults over the age of eighteen (18). For alleged violations of the ordinances committed by minors under the age of eighteen (18) ("minor"), the Municipal Court shall only extend their jurisdiction to those charges which:
1. 
Involve a minor fifteen (15) years of age or older who allegedly committed a municipal traffic violation, of which does not constitute a felony;
2. 
Involve any minor who allegedly violated a municipal curfew ordinance;
3. 
Involve any minor who allegedly violated a municipal ordinance prohibiting the use or possession of tobacco.
[Ord. No. 1873 §I, 9-15-2009]
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.
[Ord. No. 1873 §I, 9-15-2009; Ord. No. 1935 §I, 9-21-2010]
A. 
The Warrenton Municipal Division of the Warren County Circuit Court shall be composed of two (2) Divisions. All cases shall be assigned to Division Two and the Division Two Judge shall preside over the Municipal Court. Upon the disqualification, temporary absence or illness of the Judge of Division Two, or upon the assignment of the Presiding Judge of the Municipal Court, cases shall be transferred to Division One for further proceedings in accordance with law.
B. 
The Judges of the City's Municipal Court shall be known as the Municipal Judges of the 12th Judicial Circuit Court of Missouri and they shall be appointed to their positions as provided by law, for a term as specified herein.
[Ord. No. 1873 §I, 9-15-2009]
A. 
Generally. The Municipal Judge shall possess the following qualifications before he/she shall take office:
1. 
He/she shall be a licensed attorney, qualified to practice law within the State of Missouri;
2. 
He/she shall be a resident of the State of Missouri;
3. 
He/she shall be between the ages of twenty-one (21) and seventy-five (75) years;
4. 
He/she shall not hold any other office within the City Government.
B. 
Residency. The Municipal Judge need not reside within the City.
C. 
Other Employment. The Municipal Judge shall be considered as holding a part-time position and as such may serve as Municipal Judge for any other municipality or accept other employment within the requirements set forth in the Code of Judicial Conduct, Missouri Supreme Court Rule 2.
[Ord. No. 1873 §I, 9-15-2009; Ord. No. 2021 §I, 2-21-2012]
The Municipal Judge shall hold his/her office for a period of four (4) years. If for any reason a Municipal Judge vacates his/her office, his/her successor shall complete that term of office, even if the same be for less than four (4) years.
[Ord. No. 1873 §I, 9-15-2009]
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 lose his/her license to practice law within the State of Missouri.
[Ord. No. 1873 §I, 9-15-2009]
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 State 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, this Code or other ordinances of the City.
[Ord. No. 1873 §I, 9-15-2009]
The Municipal Judge shall cause to be prepared within the first (1st) 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 the cases for which 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.
[Ord. No. 1873 §I, 9-15-2009]
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 Warren 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.
[Ord. No. 1873 §I, 9-15-2009]
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.
[Ord. No. 1873 §I, 9-15-2009]
Any person charged with a violation of a municipal ordinance of the 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.
[Ord. No. 1873 §I, 9-15-2009]
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; such oral notice shall be valid as a summons.
[Ord. No. 1873 §I, 9-15-2009]
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.
[Ord. No. 1873 §I, 9-15-2009; Ord. No. 2670, 4-5-2022]
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 a City or County Jail and it shall be the duty of the Sheriff or other official in charge of such facility, if space for the prisoner is available in the City or 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.
[Ord. No. 1873 §I, 9-15-2009; Ord. No. 1897 §I, 4-6-2010; Ord. No. 1966 §I, 6-7-2011; Ord. No. 2670, 4-5-2022]
Any Municipal Judge hearing municipal ordinance violations, upon a plea or finding of guilt, may suspend the imposition of sentence or the execution of sentence and place the defendant on probation for a period not to exceed two (2) years. The Judge may also impose such conditions of probation as the Judge finds reasonably necessary to ensure future compliance with all laws, the successful completion of the term of probation and to provide compensation or other consideration to the victim and society. Such conditions, may include, but shall not be limited to, supervision by a probation agency, restitution to the victim(s) of the ordinance violation, and alternative community service, corrective or educational programs.
[Ord. No. 1873 §I, 9-15-2009]
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, on assignment, before an Associate Circuit Judge. An application for a trial de novo shall be filed within ten (10) days after judgment and shall be filed in such form and perfected in such manner as provided by Supreme Court rules.
[Ord. No. 1873 §I, 9-15-2009]
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.
[Ord. No. 1873 §I, 9-15-2009]
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.
[Ord. No. 1873 §I, 9-15-2009]
A Municipal Judge shall be disqualified to hear any case in which he/she is in any way interested or if, before the trial is commenced, the defendant or the prosecutor files an affidavit that the defendant or the municipality, as the case may be, cannot have a fair and impartial trial by reason of the interest or prejudice of the Judge. Neither the defendant nor the municipality shall be entitled to file more than one (1) affidavit or disqualification in the same case.
[Ord. No. 1873 §I, 9-15-2009]
A. 
The Municipal Court Clerk is hereby designated as the Clerk of the Municipal Court. The duties of the Municipal Clerk shall be as follows:
1. 
To take oaths and affirmations;
2. 
To accept signed complaints and allow the same to be signed and sworn to or affirmed before him/her;
3. 
To sign and to issue subpoenas requiring the attendance of witnesses and sign and issue subpoenas duces tecum;
4. 
To 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 to act as Violations Clerk of the Violations Bureau;
5. 
To 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;
6. 
To maintain, properly certified by the City Clerk, a complete copy of the Warrenton City Code which shall constitute prima facie evidence of such Code before the Court and, further, to maintain a similar certified copy on file with the Clerk serving the Circuit Court of this County.
[Ord. No. 1873 §I, 9-15-2009; Ord. No. 1980 §I, 6-21-2011; Ord. No. 2584, 1-19-2021; Ord. No. 2618, 7-6-2021; Ord. No. 2670, 4-5-2022]
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:
1. 
Costs of Court in the amount of twelve dollars ($12.00).
2. 
In all cases, costs for the training of Police Officers in the amount of three dollars ($3.00). Two dollars ($2.00) of such fees collected shall be transmitted monthly to the Treasurer of the City to be used to pay for Peace Officers' training. The City shall not retain 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. One dollar ($1.00) of such fees collected shall be transmitted monthly to the Treasurer, State of Missouri and deposited into the Peace Officer Standards and Training Commission Fund to be used Statewide for training of Law Enforcement Officers.
3. 
A surcharge relating to the Crime Victims' Compensation Fund in the amount of seven dollars fifty cents ($7.50) in all cases, except in any proceeding in the Municipal Court when the proceeding or defendant has been dismissed by the Court or when costs are to be paid by the City. The monies collected pursuant to this Subsection shall be disbursed as provided by law.
4. 
There shall be assessed to each defendant who pleads guilty or is found guilty in each Court proceeding for violation of a municipal ordinance an additional surcharge in the amount of two dollars ($2.00), except that no such fee shall be collected in any proceeding when the proceeding or the defendant has been dismissed by the Court or when costs are to be paid by the City. The two dollars ($2.00) assessed under the provisions of this Subsection shall be transmitted monthly to the Treasurer of the City and placed into an "Inmate Security Fund." Funds deposited shall be utilized to develop a biometric verification system to ensure that inmates can be properly identified and tracked within the local jail system. Upon the installation of the biometric verification system, funds in the Inmate Security Fund may be used for the maintenance of the biometric verification system and to pay for any expenses related to the custody and housing and other expenses for prisoners.
5. 
There shall be assessed to each defendant who pleads guilty or is found guilty in every Court case for violation of a municipal ordinance an additional surcharge in the amount of two dollars ($2.00), except that no such surcharge shall be collected in any proceeding when the proceeding or defendant has been dismissed by the Court or when the costs are to be paid by the City. Any surcharge collected by the Municipal Court Clerk pursuant to this Subsection shall be disbursed to the City at least monthly. Monies collected pursuant to this Subsection shall be used only for the purpose of providing operating expenses for shelters for battered person as defined in Section 455.220, RSMo., to 455.230, RSMo.
6. 
There shall be assessed to each defendant who pleads guilty or is found guilty in every court case for violation of a municipal ordinance an additional surcharge in the amount of seven dollars ($7.00) for the Statewide Court Automation Fund, except that no such surcharge shall be collected in any proceeding when the proceeding or defendant has been dismissed by the Court or when the costs are to be paid by the City. Moneys collected by the Municipal Court Clerk pursuant to this Subsection shall be disbursed as provided in Sections 488.015, RSMo., to 488.020, RSMo., and shall be payable to the Director of Revenue, who shall deposit all amounts collected pursuant to this Section to the credit of the Statewide Court Automation Fund, as established in Section 476.055, RSMo.
[Ord. No. 1873 §I, 9-15-2009]
The costs of any action may be assessed against the prosecuting witness and judgment rendered against him/her to pay the same and he/she shall stand committed until such costs are 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.
[Ord. No. 1873 §I, 9-15-2009]
When a fine is assessed for violating this Code, 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. 1873 §I, 9-15-2009]
A. 
Upon a plea of guilty or a finding of guilty for an offense in violation of the provisions of Sections 342.020 and 342.030, the Municipal Court may, in addition to imposition of any penalties provided by law, order the person to reimburse the Warrenton Police Department or other local law enforcement agency which made the arrest for the costs associated with such arrest.
B. 
Such costs shall include the reasonable costs of making the arrest, including the cost of any chemical test made under this Chapter 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 Warrenton Police Department may establish a schedule of such costs; however, the Court may order the costs reduced if it determines that the costs are excessive given the circumstances of the case or for good cause shown.
D. 
These fees shall be calculated as additional costs by the Municipal Court and shall be collected by the Court in the same manner as the costs and fees are collected and remitted to the Finance Officer.
[Ord. No. 1873 §I, 9-15-2009; Ord. No. 2253 §3, 12-1-2015]
It shall be unlawful for any person to fail to appear at the proper time and plea or answer a charge against him/her in the Municipal Court upon being first duly summoned. A defendant charged with an underlying offense that is a minor traffic violation, as defined by Section 300.010 of the Municipal Code, shall not be subject to prosecution for the offense of failure to appear on said charge.