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]
A.
The
City Manager shall designate a Clerk of the Municipal Court. 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 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.
6.
Perform all other duties as provided for by ordinance, by "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 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]
A.
Search Warrant Defined — Who May Execute, When.
1.
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.
2.
The Municipal Judge having original and exclusive jurisdiction to
determine violations against the ordinances of the municipality may
issue an administrative search warrant when:
a.
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
b.
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.
3.
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.
B.
Who May Apply For Warrant — Contents of Application.
1.
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.
2.
The application shall:
a.
Be in writing;
b.
State the time and date of the making of the application;
c.
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;
d.
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;
e.
State facts sufficient to show probable cause for the issuance of a search warrant as provided in Subsection (C)(1) hereof to:
(1)
Search or inspect for violations of an ordinance or Code Section
specified in the application; or
(2)
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.
f.
Be verified by the oath or affirmation of the applicant; and
g.
Be signed by the applicant 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 property
or place to be searched or inspected. Oral testimony shall not be
considered.
C.
Hearing And Procedure — Contents Of Warrant — Execution
And Return.
1.
Hearing and procedure.
a.
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.
b.
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.
c.
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.
d.
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.
Contents of search warrant. The search warrant shall:
a.
Be in writing and in the name of the City of Neosho;
b.
Be directed to any Police Officer in the City of Neosho;
c.
State the time and date the warrant was issued;
d.
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;
e.
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;
f.
Be signed by the Judge, with his title of office indicated.
3.
Execution and return.
a.
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:
(1)
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.
(2)
The officer shall give the owner or occupant of the property
searched, inspected or entered upon a copy of the warrant.
(3)
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)
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.
(b)
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.
(4)
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.
(5)
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.
(6)
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.
b.
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.
(1)
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.
(2)
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.
(3)
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.
D.
Warrant Invalid — When. A search warrant shall be
deemed invalid:
1.
If it was not issued by the Municipal Judge;
2.
If it was issued without a written application having been filed
and verified;
3.
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;
4.
If it was not issued with respect to property or places in the City
of Neosho;
5.
If it does not describe the property or places to be searched, inspected,
entered upon or seized with sufficient certainty;
6.
If it is not signed by the Judge who issued it; or
7.
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.
A.
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.
B.
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.
C.
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.
D.
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]
A.
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.
B.
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]
A.
The
Municipal Judge shall have the power to punish for criminal contempt
any person guilty of:
1.
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;
2.
Any breach of the peace, noise or other disturbance directly tending
to interrupt its proceedings;
3.
Resistance willfully offered by any person to the lawful order or
process of the Municipal Court;
4.
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
5.
Willful failure of any person to comply with a lawful order of the
Municipal Court.
B.
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]
A.
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.
B.
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:
1.
Restitution to the victim or any dependent of the victim, in an amount
to be determined by the Judge;
2.
The performance of a designated amount of free work for a public
or charitable purpose, or purposes, as determined by the Judge;
3.
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;
4.
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
5.
Completion of alcohol or substance abuse education, evaluation or
treatment programs at the expense of the defendant.
C.
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.
D.
The
Court may modify or enlarge the conditions of probation at any time
prior to the expiration or termination of the probation term.
E.
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]
A.
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.
B.
Crime Victims' Compensation Fund. Additionally, pursuant
to Section 595.045, RSMo., the Municipal Judge shall access as costs
a surcharge of seven dollars fifty cents ($7.50) 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:
[Ord. No. 197-2021, 7-6-2021]
C.
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.
D.
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.
E.
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.
G.
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.
H.
Actual
cost assessed against the City by the County Sheriff for apprehension
or confinement in the County Jail.
I.
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.
J.
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.
[1]
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.
[1]
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]
A.
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]
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 (70)
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.
[CC 1979 §17-57; Ord. No. 1023 §2, 2-6-1979]
A.
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.
B.
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]
A.
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.
B.
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]
A.
The
Municipal Judge shall be and is hereby authorized to:
1.
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.
2.
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.
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.
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 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.
