[Ord. No. 160 §§2 —
3]
A.
There
is hereby established in this City a Municipal Court, to be known
as the Municipal Court of Herculaneum, Missouri, a division of the
23rd Judicial Circuit Court of the State of Missouri. This Court is
a continuation of the Police Court of this City as previously established,
and is termed herein the Municipal Court.
B.
The
jurisdiction of the Municipal Court shall extend to all cases involving
alleged violations of the ordinances of the City of Herculaneum, Missouri.
[Ord. No. 160 §§4
— 7]
A.
The
Judge of the City's Municipal Court shall be known as the Municipal
Judge of the 23rd Judicial Circuit Court, and shall be elected by
the qualified voters of the City of Herculaneum, Missouri, for term
as specified herein.
B.
The
Municipal Judge shall hold his office for a period of two (2) years
and shall take office bi-annually from the date of his election. If
for any reason a Municipal Judge vacates his office, his successor
shall complete that term of office, even if the same be for less than
two (2) years.
C.
Municipal
Judge shall vacate his office under the following circumstances:
1.
Upon removal from office by the State Commission on the Retirement,
Removal and Discipline of Judges, as provided for in Supreme Court
Rule 12 or,
2.
Upon attaining his seventy-fifth (75th) birthday, or,
3.
Should he fail, within six (6) months of his selection, to satisfactorily
complete a course of instruction for Municipal Judges as prescribed
by the State Supreme Court.
D.
The Municipal Judge shall possess the following qualification before
taking office:
[Ord. No. 33-2018, 10-1-2018]
1.
Shall be a licensed attorney.
2.
Shall be a resident of the State of Missouri.
3.
Shall be between the ages of twenty-one (21) and seventy-five
(75) years.
4.
Shall not serve as Municipal Judge for more than two (2) other
municipalities, unless so appointed to temporarily serve as Municipal
Judge as provided by law.
5.
Shall not hold any other office within the City government.
6.
Shall, within six (6) months after election to the position,
satisfactorily complete a course of instruction for Municipal Judges
as prescribed by the State Supreme Court.
7.
The Municipal Judge shall be considered holding a part-time
position, and as such may accept other employment, provided that such
employment does not conflict with the code of judicial conduct as
provided for in Missouri Supreme Court Rule Number 2.
[Ord. No. 160 §8]
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
of Jefferson County, Missouri, and the Judge and personnel of said
Court shall obey his directions.
[Ord. No. 160 §9; Ord. No. 28-2023, 6-20-2023]
A.
The Municipal Judge shall cause to be prepared within the first ten
(10) days of every month a copy of the monthly case load summary report
for the preceding month required by Missouri Court Operating Rule
4.28. This reporting requirement shall supersede and replace the reporting
requirement established by Section 479.080.3, RSMo.
B.
The same shall be prepared under oath by the Municipal Court Clerk
of 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 ten (10) days after the first of the month, pay
to the Municipal Treasurer the full amount of all fines collected
during the preceding month, if they have not been previously paid.
[Ord. No. 160 §10]
The Municipal Judge shall be a conservator of the peace. He
shall keep a docket in which he shall enter every case commenced before
him and the proceedings therein and he shall keep such other records
as may be required. Such docket and records shall be records of the
Circuit Court of Jefferson County, Missouri. The Municipal Judge shall
deliver the docket and records of the Municipal Court, and all books
and papers pertaining to his office, to his successor in office, to
the Presiding Judge of the Circuit.
[Ord. No. 160 §11]
A.
The
Municipal Judge shall be and is authorized to:
1.
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 of the Revised Statutes of Missouri, as amended 1978.
2.
Administer oaths and enforce due obedience to all orders, rules and
judgments made by him, and any fine and imprisonment for contempt
committed before him while holding Court, and in the same manner and
to the same extent as the Circuit Judge.
3.
To 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 and relative to any matter
that may be pending in 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 as adopted by the State
Supreme Court or the Statutes of the State of Missouri.
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 or other
ordinances of this City.
[Ord. No. 160 §12]
Should the Municipal Judge determine that there shall be a Traffic
Violations Bureau, the City shall provide all expenses incident to
the operation of the same. The Clerk of the Municipal Court is hereby
designated as the Traffic Violations Clerk for said Bureau, if established.
[Ord. No. 160 §13]
All warrants issued by a Municipal Judge shall be directed to
the City Marshal, Chief of Police, or any other Police Officer of
the municipality or the Sheriff of Jefferson County. The warrant shall
be executed by the Marshal, Chief of Police, Police Officer, Sheriff
or Deputy Sheriff, any place within the limits of Jefferson County,
Missouri, and not elsewhere, unless the warrants are endorsed in the
manner provided for warrants in criminal cases, and when so endorsed,
shall be served in other counties, as provided for in warrants in
criminal cases.
[Ord. No. 160 §14]
The City Marshal, Chief of Police, or other Police Officer of
the City of Herculaneum, Missouri, may without a warrant, make arrest
of any person who commits an offense in his presence, but such officer
shall, before the trial, file a written complaint with the Judge hearing
violations of municipal ordinances.
[Ord. No. 160 §15]
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, as provided in Section 2 of
Section 517.520 Revised Statutes of Missouri.
[Ord. No. 160 §16]
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 necessary expenses
incurred in such prosecution shall be paid by the City and shall not
be contingent upon the result of any case.
[Ord. No. 160 §17]
It shall be the duty of the Municipal Judge to summon all persons
whose testimony may be deemed essential as witnesses at trial, and
to enforce their attendance by attachment, if necessary. The fees
of witnesses shall be the same as those fixed for witnesses in trial
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 on the
day set for trial to testify in the case, and enter the names of such
witnesses on his docket, which oral notice shall be valid as a summons.
[Ord. No. 160 §18]
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 of Missouri
and not cognizable before him as a Municipal Judge, he shall immediately
stop all further proceedings before him as Municipal Judge and cause
a complaint be made before some Associate Circuit Judge with the County.
[Ord. No. 160 §19; Ord. No. 28-2023, 6-20-2023]
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 or hereafter
be allowed by such Sheriff for the keeping of such prisoner in his/her
custody and the same shall be taxed pursuant to Section 221.070, RSMo.
[Ord. No. 160 §20]
Any Judge hearing violations of municipal ordinances may, when
in his 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 said Judge.
[Ord. No. 160 §21]
The defendant shall have a right to a trial de novo, even from
a plea of guilty, before a Circuit Judge or an Associate Circuit Judge.
Such application for a trial de novo shall be filed within ten (10)
days after the judgment and shall be in the form as provided for by
the Supreme Court rules.
[Ord. No. 160 §22]
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. 160 §23]
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. 160 §24]
A Municipal Judge shall be disqualified to hear any case in
which he is in anyway 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. 160 §25; Ord. No. 317 §1]
A.
If
a Municipal Judge be absent, sick, or disqualified from acting, the
Mayor may designate a competent, eligible person to act as a Provisional
Municipal Judge until such absence or disqualification shall cease;
provided, however, that should a vacancy occur in the office of an
elected Municipal Judge more than six (6) months before a general
municipal election, then special election shall be held to fill such
vacancy; and in case of vacancy in the office of an elected Municipal
Judge within less than six (6) months of a general municipal election,
the office may be filled by a competent, eligible person designated
by the Mayor with the advice and consent of the Board of Aldermen
to serve as the Provisional Municipal Judge. A person shall be considered
a competent, eligible person to act as Municipal Judge if the following
provisions are complied with: Section 479.230, RSMo., Supreme Court
Rule 37.53(d), and Jefferson County Circuit Court Local Court Rule
69. In the event of the unavailability of both the primary and Provisional
Municipal Judges, the Presiding Judge of the Jefferson County Circuit
Court shall appoint a temporary Judge for the City.
[Ord. No. 28-2023, 6-20-2023]
B.
A temporary
Judge assigned to hear Municipal Court cases in the City of Herculaneum
because of the absence, sickness or disqualification of the regular
Municipal Judge for the City of Herculaneum shall be paid a sum as
set by ordinance.
[Ord. No. 160 §26]
A.
The
Clerk of the Municipal Court shall have the following duties:
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 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 Traffic Violations Bureau cases or as directed
by the Municipal Judge; and generally act as Violations Clerk of the
Traffic 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 Court 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 facia evidence
of such ordinance before the Court. Further, to maintain a similar
certified copy on file with the Clerk serving the Circuit Court of
Jefferson County, Missouri.
[Ord. No. 160 §27]
The Clerk of the Municipal Court shall be appointed by the Mayor
with advice and consent of the majority of the elected members of
the Board of Aldermen.
[Ord. No. 156 §2; Ord. No. 160 §28; Ord. No. 246 §1; Ord. No.
247 §§1 — 2; Ord.
No. 521 §1, 6-22-1992; Ord. No. 561 §135.230, 2-14-1994; Ord. No. 589, 1-8-1996; Ord. No. 602 §§1 —
2, 12-23-1996; Ord. No.
01-022 §§1 — 2, 9-24-2001; Ord. No. 05-004 §1, 1-10-2005; Ord. No. 06-051 §1, 7-24-2006; Ord. No. 06-2015 §§1 — 2, 3-2-2015; Ord. No. 36-2017 § 1, 9-18-2017; Ord.
No. 28-2023, 6-20-2023]
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.
Cost of Court in the amount of twelve dollars ($12.00).
a.
An additional one dollar ($1.00) of the aforesaid Court costs
shall be segregated and withheld for the training of the Municipal
Court Judge and Court Clerk.
2.
Peace Officers Training.
a.
In all cases, including infractions and non-moving traffic violations,
additional costs for the training of Police Officers in the amount
of two dollars ($2.00) shall be transmitted monthly to the Treasurer
of the City of Herculaneum, Missouri, to be placed in a segregated
account and used for the training of Law Enforcement Officers of the
City of Herculaneum.
b.
In all cases, including infractions and non-moving traffic violations,
an additional one dollar ($1.00) shall be assessed as costs pursuant
to Section 488.5336, RSMo., as amended, for the purpose of contributing
to the Peace Officer Standards and Training Commission Fund created
by Section 590.140.1, RSMo., as amended.
3.
Witness fees for witnesses compelled to attend sessions of Court
pursuant to the Court's subpoena power.
4.
The preceding provisions of this Section notwithstanding, Court
costs for parking violations paid through the Traffic Violations Bureau
shall be two dollars ($2.00).
5.
Pursuant to Section 488.607, RSMo., in cases where the defendant
pleads guilty, is found guilty or disposes of his or her case regarding
the violation of any of the City's ordinances, an additional
cost of four dollars ($4.00) shall be assessed and shall be forwarded
to the Jefferson County Treasurer at least monthly to be deposited
into a special fund to be expended to provide financial assistance
to shelters for victims of domestic violence or battered persons.
6.
Pursuant to Subsection 595.045.1, RSMo., a fee of seven dollars
fifty cents ($7.50) shall be assessed as Court costs in every case,
including traffic violations, non-moving violations and infractions;
and no such fee shall be collected when the proceeding or defendant
has been dismissed by the Court or when the Court costs are to be
paid by the State, County or City of Herculaneum on behalf of an indigent
defendant. Monies collected by the Clerk of the Municipal Court pursuant
to this Subsection shall be paid at least monthly as follows: for
each seven dollar fifty cent ($7.50) fee collected the City of Herculaneum
will remit seven dollars thirteen cents ($7.13) to the Missouri Department
of Revenue and thirty-seven cents ($0.37) to the City of Herculaneum
Treasury.
[Ord. No. 04-028 §1, 9-13-2004]
Upon either a plea of guilty or finding of guilt for a first
(1st) offense of violation of the Municipal Code of the City of Herculaneum,
Missouri, the City may, in addition to imposition of any penalty provided
by law, order the convicted person to reimburse the law enforcement
agency which made the arrest for the costs associated with such arrest.
Such costs shall include a reasonable cost for making the arrest,
including the cost for any chemical test made under this Section 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. The law enforcement agency shall establish a schedule of
costs; however, the court may order the costs reduced if it determines
the costs are excessive.
[Ord. No. 160 §29]
The costs of any action may be assessed against the prosecuting
witness and judgement be rendered against him that he 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.
[Ord. No. 160 §30]
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 the fine on an installment basis under such terms
and conditions as he/she may deem appropriate.
[Ord. No. 224 §§1
— 4; Ord. No. 561 §135.260, 2-14-1994]
A.
The
Judge of the Municipal Court Division of the City of Herculaneum in
and for the Twenty-Third Judicial Circuit is hereby authorized to
designate the depository for Municipal Court funds.
B.
When
payment of said funds is appropriate, said payment may be made by
the Municipal Judge affixing his/her signature to checks drawn on
said account, as the authorized agent to act as drawer.
C.
It
shall be the duty of the Violations Court Clerk to countersign all
checks drawn on said Municipal Court account, and such checks shall
not be negotiable until they have been so countersigned.
D.
The
Municipal Judge or the Violations Court Clerk shall prepare on a monthly
basis a report for presentation to the Board of Aldermen indicating
the status of the Municipal Court account.
E.
Disposition Of Funds Assessed In Section 135.230(2).
1.
The segregated account created pursuant to Section 135.230(2)(a),
shall not retain more than one thousand five hundred dollars ($1,500.00)
of funds for each certified Law Enforcement Officer or candidate for
certification employed by the City. Any funds in excess of one thousand
five hundred dollars ($1,500.00) for each certified Law Enforcement
Officer or candidate for certification employed by the City shall
be transmitted quarterly to the General Revenue Fund of the City of
Herculaneum.
2.
The additional one dollar ($1.00) assessed as costs as provided in
Section 135.230(2)(b) shall be sent on a quarterly basis to the State
Treasury to the credit of the "Peace Officers Standards and Training
Commission Fund", pursuant to Section 590.140.1, RSMo.
[Ord. No. 404 §1, 4-9-1990; Ord. No. 583 §B, 6-12-1995; Ord. No. 33-2015 §1, 8-3-2015; Ord. No. 28-2023, 6-20-2023]
A.
In addition to the forfeiture of any bond or security which was given
or pledged for his/her release, any person who, having been released
upon a recognizance, a promise to appear or a bond pursuant to any
other provision of law, it shall be unlawful for any person to knowingly
fail to appear before a Judge hearing a municipal ordinance violation
case, as required. Proof of delivery or mailing of the Court notice
to the person shall establish a presumption of knowledge by that person
of his or her Court date.
B.
If any person charged with violating a traffic ordinance is then
charged with failure to appear pursuant to this Section, the Clerk
of the Court shall within ten (10) days of said charge notify the
Director of Revenue of the failure to appear, and shall likewise notify
the Director of Revenue when said charges have been reduced to final
judgment.
C.
This Section shall not apply to any minor traffic violations as defined
by Section 479.350, RSMo.
D.
Nothing
in this Section shall prevent the exercise of the Municipal Court
of its power to punish for contempt.
