Charter Reference — Municipal court, art. VIII.
[CC 1979 §17-1; Ord. No. 1023 §2, 2-6-1979]
There is hereby established in this City a Municipal Court, to be known as the "Neosho Municipal Court, a Division of the 40th Judicial Circuit Court of the State of Missouri." This Court is a continuation of the Municipal Court of the City as previously established by Article VIII of the Home Rule Charter and is termed herein "the Municipal Court."
[CC 1979 §17-2; Ord. No. 1023 §2, 2-6-1979]
The jurisdiction of the Municipal Court shall be as set out in Section 8.01 of the Home Rule Charter of the City of Neosho.
[Code 1962 §19-3; CC 1979 §17-3; Ord. No. 973 §1, 10-4-1977]
The City Council shall provide a suitable Courtroom at City expense for the purpose of holding Court.
[CC 1979 §17-4; Ord. No. 1023 §2, 2-6-1979]
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.
[Code 1962 §19-15; CC 1979 §17-5; Ord. No. 973 §1, 10-4-1977]
The Municipal Judge shall hold a session of his/her Court every weekday, except Sunday and legal holidays, if necessary. Nothing herein shall prohibit the Municipal Judge from setting regular Court days.
[CC 1979 §17-6; Ord. No. 1023 §2, 2-6-1979]
It shall be the duty of an attorney designated by the City Manager 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 1979 §17-7; Ord. No. 1023 §2, 2-6-1979]
The City Manager shall designate a Clerk of the Municipal Court. The duties of said Clerk shall be as follows:
To collect such fines for violations of such offenses as may be described, and the Court costs thereof.
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, if one be established.
Perform all other duties as provided for by ordinance, by "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 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 this County.
[CC 1979 §17-9; Ord. No. 1023 §2, 2-6-1979]
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 1979 §17-10; Ord. No. 1023 §2, 2-6-1979]
The Chief of Police, or other Police Officer of the City shall, 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. 302-2007 §1, 8-7-2007]
Search Warrant Defined — Who May Execute, When.
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 Neosho Municipal Code relating to the use, condition or occupancy of property or structures located within the City of Neosho 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 Neosho at the time of the making of the application; and
The owner or occupant of the property or place to be searched or inspected or the thing to be seized has refused to allow same after official request by the Neosho City Inspector or his/her designee.
Any such warrant shall be directed to the Chief of Police or any other Police Officer of the City of Neosho and shall be executed by the Chief of Police or said Police Officer within the Neosho City limits and not elsewhere.
Who May Apply For Warrant — Contents of Application.
Any Police Officer, Neosho City Inspector or Neosho City Attorney may make application to the Municipal Judge for the issuance of an administrative search warrant.
The application shall:
Be in writing;
State the time and date of the making of the application;
Identify the property or places to be entered, searched, 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 Neosho City Inspector or his/her designee 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 Neosho City 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 Neosho 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 Neosho 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 Neosho 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 Neosho 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 Neosho;
Be directed to any Police Officer in the City of Neosho;
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 and, if known, identify the resident of the property;
Command that the described property or places be searched or entered upon, and that any evidence of any City of Neosho 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 title of office indicated.
Execution and return.
A search warrant issued under this Section shall be executed only by a City of Neosho Police Officer, provided however, that one (1) or more designated Code Enforcement Officials shall 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 searched, 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. Additionally:
A copy of the itemized receipt of any property taken shall be delivered to the City Attorney for the City of Neosho 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 Neosho ordinance or Code Section but in the absence of same, then with Section 542.301, RSMo.
The officer may summon as many persons as he deems necessary to assist him 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 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 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 searched 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 Neosho;
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.
[CC 1979 §17-12; Code 1962 §19-19; Ord. No. 973 §1, 10-4-1977]
When any person, other than a Police Officer, has caused the arrest of another for violation of any provision of this Code or other City ordinance, and the offense charged affected wholly or principally the person causing the arrest, when the case shall be called for trial, the latter may, in the discretion of the Court, withdraw the charge on payment of costs.
[Code 1962 §19-31; CC 1979 §17-13; Ord. No. 973 §1, 10-4-1977]
Persons jointly charged in any complaint shall have a separate trial, if either defendant demands it before the trial has begun and the jury is impaneled.
[CC 1979 §17-14; Ord. No. 1023 §2, 2-6-1979]
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.
[Code 1962 §19-26; CC 1979 §17-15; Ord. No. 973 §1, 10-4-1977]
A defendant shall be entitled to be admitted to bail if application therefor is made to the Judge or Clerk of the Court after an appeal is perfected, and before the transcript and papers in the case are filed in the office of the Clerk of the Circuit Court.
[Code 1962 §19-27; CC 1979 §17-16; Ord. No. 973 §1, 10-4-1977]
The Judge or Clerk of the Court shall admit a defendant to bail in such amount as the Court or the Clerk shall deem proper or as provided by law.
[CC 1979 §17-17; Ord. No. 1023 §2, 2-6-1979]
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.
Any person arrested and charged with violating a traffic law of this City may, at the discretion of both the officer authorized by law or rule of court to accept bail and the person arrested, deposit his/her license to operate a motor vehicle with a member of the Highway Patrol or with the officer demanding bail in lieu of any other security for his/her appearance in court to answer any such charge, except when the charge is for driving while intoxicated, driving while under the influence of intoxicating liquor or drugs, leaving the scene of a motor vehicle accident, driving when his/her license is suspended or revoked, or for any charge made because of a motor vehicle accident in which a death has occurred.
Notwithstanding the fact that the officer authorized by law or rule of court to accept bail authorizes the person arrested to deposit his/her license to operate a motor vehicle as his/her security for his/her appearance in court, in lieu of depositing his/her license to operate a motor vehicle, the person arrested may decline to deposit his/her license to operate a motor vehicle as security and instead deposit a bond with the officer authorized by law or rule of court to accept bail or other such officer demanding bail in the amount of fifty dollars ($50.00) per traffic offense allegedly committed. The officer shall issue a receipt for such a bond to the person and deposit the bond with the Judge, Court Clerk or other officer requiring security for a court appearance.
The Judge, Court Clerk or other officer requiring security for an appearance shall accept the bond or deposit of the license in lieu of bail and, if the license is accepted, shall issue a receipt to the licensee for the license upon a form approved by the Director of Revenue. The licensee may, until he/she has appeared at the proper time and place as stated in the receipt to answer the charge placed against him/her, operate motor vehicles while in possession of the receipt, and the receipt shall be accepted in lieu of the license as provided by Section 302.181, RSMo. If a continuance is requested and granted, the licensee shall be given a new receipt for his/her license.
Whether or not a license to operate a motor vehicle has been deposited in lieu of bail pursuant to this Section, if the driver fails to appear at the proper time to answer the charge placed against him/her, the Clerk of the Court, or the Judge of the Court if there is no Clerk, shall within ten (10) days notify the Director of Revenue of the failure to appear, and the Director shall thereafter withhold any renewal of the license or the issuance of a duplicate license to the licensee until notified by the court that the charge has been reduced to final judgment.
[Code 1962 §19-28; CC 1979 §17-19; Ord. No. 973 §1, 10-4-1977]
If a defendant is not admitted to bail pending appeal, he/she shall remain in custody or be committed to await the determination of the case in the Circuit Court of Newton County, or to the Court having jurisdiction of the appeal.
[Code 1962 §19-25; CC 1979 §17-20; Ord. No. 973 §1, 10-4-1977]
At the opening of the Municipal Court each day, the Chief of Police shall bring before it for trial all persons then in custody for violation of this Code or other City ordinances, except, however, those whose cases have previously been continued to a later day, and for this purpose the keeper of the Jail shall deliver to the Chief of Police all prisoners in his/her custody whose cases have not been so committed.
[Code 1962 §19-24; CC 1979 §17-21; Ord. No. 973 §1, 10-4-1977]
It shall be the duty of the Chief of Police to furnish to the Court at each opening thereof a statement showing the names of all persons arrested during the adjournment of the Court, the offenses with which they are charged, the names of the Officers who made the arrests, and such further information as may be necessary. All persons in custody shall be forthwith tried, if ready for trial. All other persons shall be tried in the order in which their names appear on the docket.
[CC 1979 §17-22; Ord. No. 1023 §2, 2-6-1979]
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.
[CC 1979 §17-23; Ord. No. 1023 §2, 2-6-1979]
It shall be the duty of the Municipal Judge to summon all persons whose testimony may be deemed essential as witnesses at a 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.
Police Officers shall attend as witnesses against persons whom they have arrested without summons, and if they fail to answer at the time of the trial, they may be attached and punished for contempt in like manner as witnesses summoned.
[Code 1962 §19-49; CC 1979 §17-24; Ord. No. 973 §1, 10-4-1977]
The Municipal Judge shall have the power to punish for criminal contempt any person guilty of:
Disorderly, contemptuous or insolvent behavior committed during its session, in its immediate view and presence, and directly tending to interrupt its proceedings or to impair the respect due its authority;
Any breach of the peace, noise or other disturbance directly tending to interrupt its proceedings;
Resistance willfully offered by any person to the lawful order or process of the Municipal Court;
The contumacious and unlawful refusal of any person to be sworn as a witness, or, when so sworn, to refuse to answer any legal and proper interrogatory; or
Willful failure of any person to comply with a lawful order of the Municipal Court.
The Municipal Court may punish summarily any violation of this Section committed by any person in the immediate view and presence of the Municipal Court.
[CC 1979 §17-25; Ord. No. 1023 §2, 2-6-1979]
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 said Judge.
[CC 1979 §17-25.1; Ord. No. 93-43 §§1, 2, 10-5-1993]
The conditions of probation shall be such as the Court in its discretion deems reasonably necessary to insure that the defendant will not again violate the law. When a defendant 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 such conditions as the Court believes will serve to compensate the victim, any dependent of the victim, or society. Such conditions may include, but shall not be limited to:
Restitution to the victim or any dependent of the victim, in an amount to be determined by the Judge;
The performance of a designated amount of free work for a public or charitable purpose, or purposes, as determined by the Judge;
The assessment of shock jail time, so long as such jail time is within the range of punishment authorized by ordinance of law for the offense charged;
The assessment of a shock fine so long as such amount is within the range of punishment authorized by ordinance or law for the offense charged; and
Completion of alcohol or substance abuse education, evaluation or treatment programs at the expense of the defendant.
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. 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 defendant or any person deriving a cause of action from him/her if such cause of action arises from such supervision of performance, except for an intentional tort or gross negligence. The services performed by the defendant 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.
The Court may suspend either the imposition or execution of sentence as a condition of probation.
[CC 1979 §17-26; Ord. No. 1023 §2, 2-6-1979]
In all cases tried before the Municipal Court, except where there has been a plea of guilty, the defendant shall have the 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.
[CC 1979 §17-27; Ord. No. 1023 §2, 2-6-1979]
In all cases in which a jury trial has been demanded, and the case certified as provided for herein, a record of the proceedings shall be made, and appeals may be had upon that record to the appropriate Appellate Court.
[Code 1962 §19-47; CC 1979 §17-28; Ord. No. 973 §1, 10-4-1977]
Execution of a judgment rendered in the Municipal Court shall be stayed if an appeal is taken and the defendant is admitted to bail pending the appeal.
[CC 1979 §17-29; Ord. No. 1023 §2, 2-6-1979; Ord. No. 1127 §2, 1-5-1982; Ord. No. 1157 §2, 8-17-1982; Ord. No. 93-48 §1, 11-16-1993; Ord. No. 96-56 §1, 11-5-1996; Ord. No. 74-2001 §1, 7-3-2001]
Generally. Pursuant to Section 479.260, RSMo., the Municipal Judge is hereby authorized and empowered to assess as fees an amount not to exceed twelve dollars ($12.00) per case for each municipal ordinance violation case filed before the Municipal Judge, and in the event a defendant pleads guilty or is found guilty, the Judge may assess costs against the defendant except in those cases where the defendant is found by the Judge to be indigent and unable to pay the costs. The fees authorized in this Subsection (A) are in addition to service charges, witness fees, and jail costs that may otherwise be authorized to be assessed, but are in lieu of other Court costs. The fees provided by this Subsection (A) shall be collected by the Municipal Division Clerk and shall be transmitted not less frequently than monthly to the City Treasurer for deposit in the City Treasury.
Crime Victims' Compensation Fund. Additionally, pursuant to Section 595.045, RSMo., the Municipal Judge shall access as costs a surcharge of five dollars ($5.00) in each Municipal Court proceeding involving an infraction and violation of municipal ordinance; except that no such surcharge 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 of Neosho. Such surcharge shall be collected by the Municipal Division Clerk and transmitted not less frequently than monthly as follows:
Law Enforcement Training. Additionally, pursuant to Section 488.5336, RSMo., the Municipal Judge may assess as costs a surcharge of up to two dollars ($2.00) per case for each municipal ordinance violation case filed in Municipal Court; except that no such surcharge shall be assessed in non-moving traffic violation cases in any proceeding when the proceeding or defendant has been dismissed by the Court or when costs are to be paid by the City of Neosho. Such surcharge shall be collected by the Municipal Division Clerk and transmitted not less frequently than monthly to the City Treasurer for use in training of Law Enforcement Officers as provided in Section 488.5336, RSMo.
Peace Officers Standards And Training Commission Fund. Additionally, pursuant to Section 488.5336, RSMo., the Municipal Judge shall assess as costs a surcharge in the amount of one dollar ($1.00) for each municipal ordinance violation case filed in Municipal Court; except that no such surcharge shall be assessed in any proceeding when the proceeding or defendant has been dismissed by the Court or when costs are to be paid by the City of Neosho. Such surcharge shall be collected by the Municipal Division Clerk and transmitted not less frequently than monthly to the Treasurer of the State of Missouri to the credit of the Peace Officers Standards and Training Commission Fund to be used state-wide for training of Peace Officers.
Shelters For Victims Of Domestic Violence. Additionally, pursuant to Section 488.607, RSMo., the Municipal Judge may assess as costs a surcharge of up to two dollars ($2.00) for each municipal ordinance violation case filed in Municipal Court; except that no such surcharge shall be collected in any proceeding when the proceeding or defendant has been dismissed by the Court or when costs are to be paid by the City of Neosho. Such surcharge shall be collected by the Municipal Division Clerk and transmitted not less frequently than monthly to the City Treasurer for the purpose of providing operating expenses for shelters of victims of domestic violence as provided in Sections 455.200 — 455.230, RSMo.
Spinal Cord Injury Fund. Additionally, effective September 29, 2001, pursuant to Section 304.027, RSMo., upon conviction of an intoxication-related offense, as defined by Section 577.023, RSMo., the Municipal Judge shall enter judgment against the defendant in favor of the Spinal Cord Injury Fund in the amount of twenty-five dollars ($25.00). The judgments collected pursuant to this Section shall be paid into the State Treasury to the credit of the Spinal Cord Injury Fund. The Municipal Court Clerk receiving funds pursuant to judgments entered pursuant to this Section shall collect and disburse such amounts as provided in Sections 488.010 — 488.020, RSMo.
Other costs, such as for the issuance of a warrant, a commitment, summons and witness fees, as provided before the Associate Circuit Judge in criminal prosecutions.
Actual cost assessed against the City by the County Sheriff for apprehension or confinement in the County Jail.
Mileage, in the same amount as provided to the 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.
Upon conviction of an intoxication-related offense, as defined by Section 577.023, RSMo., recoupment of actual cost expended by the City of Neosho in the processing of the defendant shall be assessed.
Editor's Note — Ord. no. 73-2001 §1, adopted July 3, 2001, repealed §135.300: court costs — crime victims' compensation account fee. Former section 135.300 derived from cc 1979 §17-29.1 and ord. no. 88-35, 8-16-1988. This section was left reserved for the city's future use.
Editor's Note — Ord. no. 72-2001 §1, adopted July 3, 2001, repealed §135.305: court costs — shelters for battered persons. Former section 135.305 derived from ord. no. 95-53 §I, 11-21-1995. This section was left reserved for the city's future use.
[CC 1979 §17-30; Ord. No. 1023 §2, 2-6-1979]
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 or from malicious motives.
[CC 1979 §17-31; Ord. No. 1023 §2, 2-6-1979]
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.
[Code 1962 §19-42; CC 1979 §17-32; Ord. No. 973 §1, 10-4-1977]
Any defendant committed under the provisions of this Chapter may be discharged on the payment of the fine and costs, or upon perfecting an appeal as hereinabove provided.
[CC 1979 §17-33; Ord. No. 1023 §2, 2-6-1979]
All prosecutions for the violation of municipal ordinances shall be instituted by information and may be based upon a complaint. No proceedings shall be dismissed or a defendant discharged by reason of any informality or irregularity in any complaint or information, but the complaint may, by leave of Court, at any time before or during the trial, prior to the Finding of the Municipal Judge, be amended without prejudice to the proceeding.
[CC 1979 §17-51; Ord. No. 1023 §2, 2-6-1979]
The Judge of the City's Municipal Court shall be known as a Municipal Judge of the 40th Judicial Circuit Court, and shall be appointed by the City Manager.
[Code 1962 §19-4; CC 1979 §17-52; Ord. No. 973 §1, 10-4-1977]
Before entering upon the duties of his/her office, the Municipal Judge shall take the oath required of other City Officers.
[CC 1979 §17-53; Ord. No. 1023 §2, 2-6-1979]
The Municipal Judge shall hold his/her office for a period of two (2) years and shall take office biannually from January first (1st) and shall hold office until a successor is duly appointed and qualified. 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 1979 §17-54; Ord. No. 1023 §2, 2-6-1979]
The Municipal Judge shall vacate his/her office under the following circumstances:
[Code 1962 §19-5; CC 1979 §17-55; Ord. No. 973 §1, 10-4-1977]
The Municipal Judge shall receive such compensation for his/her services as the City Council may from time to time determine by ordinance.
[CC 1979 §17-56; Ord. No. 1023 §2, 2-6-1979]
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 need not reside within the City.
He/she must be a resident of the State of Missouri.
He/she must be between the ages of twenty-one (21) and seventy (70) years.
He/she may serve as Municipal Judge for any other municipality.
He/she may not hold any other office within the City Government.
[CC 1979 §17-57; Ord. No. 1023 §2, 2-6-1979]
If a Municipal Judge be absent, sick or disqualified from acting, the City Manager may designate some competent, eligible person to act as Municipal Judge until such absence or disqualification shall cease.
The City Council shall provide by ordinance for the compensation of any person designated to act as Municipal Judge under the provisions of this Section.
[CC 1979 §17-58; Ord. No. 1023 §2, 2-6-1979]
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 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 shall be filed with the City Manager.
The Municipal Court shall, within the ten (10) days after the first (1st) of the month, pay to the Municipal Collector the full amount of all fines collected during the preceding months, if they have not previously been paid.
[CC 1979 §17-59; Ord. No. 1023 §2, 2-6-1979]
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 Newton 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 Court.
[CC 1979 §17-60; Ord. No. 1023 §2, 2-6-1979]
The Municipal Judge shall be and is hereby authorized to:
Establish a Traffic Violations Bureau if he/she deems necessary 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, 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, except as limited by Section 8.01 of the Home Rule Charter.
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.
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.
[CC 1979 §17-61; Ord. No. 1023 §2, 2-6-1979]
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.