[CC 1976 §10-1; Ord.
No. 1256 §2, 12-19-1978]
There is hereby established in this City a Municipal Court,
to be known as the "Pacific Municipal Court, a Division of the Twentieth
Judicial Circuit Court of the State of Missouri." This Court is a
continuation of the Municipal Court of the City as previously established,
and is termed herein "the Municipal Court."
[CC 1976 §10-2; Ord.
No. 1256 §2, 12-19-1978]
The jurisdiction of the Municipal Court shall extend to all
cases involving alleged violations of the ordinances of the City.
[CC 1976 §10-2.1; Ord. No. 1296 §1, 11-4-1980]
The Seal of the Pacific Municipal Court, a Division of the Twentieth
Judicial Circuit Court of the State of Missouri shall consist of a
circular impression one and seven-eighths (⅞) inches in diameter,
around the outer portion of which shall be imprinted in roman capital
letters the words "Franklin County Circuit Court, Municipal Division
of Pacific" and in the center the word "Seal."
[CC 1976 §10-3; Ord.
No. 1256 §2, 12-19-1978]
The Municipal Court of the City shall be subject to the rules
of the Circuit Court of which it is a part, and to the rules of the
State Supreme Court. The Municipal Court shall be subject to the general
administrative authority of the Presiding Judge of the Circuit Court,
and the Judge and court personnel of said Court shall obey his directives.
[CC 1976 §10-4; Ord.
No. 1256 §2, 12-19-1978]
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 to the Sheriff of the County. The warrant shall be
executed by the Marshal/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 1976 §10-5; Ord.
No. 1256 §2, 12-19-1978]
The City Marshal/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 presence, but such Officer shall, before the trial
file a written complaint with the Judge hearing violations of Municipal
ordinances.
Any person charged with a violation of a municipal ordinance
of this City shall be entitled to a trial by jury, as in prosecutions
for misdemeanors before an Associate Circuit Judge. Whenever a defendant
accused of a violation of a municipal ordinance demands trial by jury,
the Municipal Court shall certify the case to the Presiding Judge
of the Circuit Court for reassignment.
[CC 1976 §10-7; Ord.
No. 1256 §2, 12-19-1978]
It shall be the duty of an attorney designated by the municipality
to prosecute the violations of the City's ordinances before the Municipal
Judge or before any Circuit Judge hearing violations of the City's
ordinances. The salary or fees of the attorney and his 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 1976 §10-8; Ord.
No. 1256 §2, 12-19-1978]
It shall be the duty of the Municipal Judge to summon all persons
whose testimony may be deemed essential as witnesses at the trial,
and to enforce their attendance by attachment, if necessary. The fees
of witnesses shall be the same as those fixed for witnesses in trials
before Associate Circuit Judges and shall be taxed as other costs
in the case. When a trial shall be continued by a Municipal Judge,
it shall not be necessary to summon any witnesses who may be present
at the continuance; but the Municipal Judge shall orally notify such
witnesses as either party may require to attend before him 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.
[CC 1976 §10-9; Ord.
No. 1256 §2, 12-19-1978]
If, in the progress of any trial before a Municipal Judge, it
shall appear to the Judge that the accused ought to be put upon trial
for an offense against the criminal laws of the State and not cognizable
before him as Municipal Judge, he shall immediately stop all further
proceedings before him as Municipal Judge and cause the complaint
to be made before some Associate Circuit Judge within the County.
[CC 1976 §10-10; Ord.
No. 1256 §2, 12-19-1978]
If in the opinion of the Municipal Judge, the City has no suitable
and safe place of confinement, the Municipal Judge may commit the
defendant to the 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 custody. The same shall be taxed as cost.
[RSMo. §479.190]
A.
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 such judge. When a person is placed on probation he shall be
given a certificate explicitly stating the conditions on which he
is being released.
B.
In
addition to such other authority as exists to order conditions of
probation, the court may order conditions which the court believes
will serve to compensate the victim of the crime, any dependent of
the victim, or society in general. Such conditions may include, but
need not be limited to:
C.
A person
may refuse probation conditioned on the performance of free work.
If he 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 or employee of a County, City,
organization or agency charged with the supervision of such free work
or who benefits from its performance shall be immune from any suit
by the person placed on parole or probation or any person deriving
a cause of action from him if such cause of action arises from such
supervision of performance, except for intentional torts or gross
negligence. The services performed by the probationer or parolee shall
not be deemed employment within the meaning of the provisions of Chapter
288, RSMo.
D.
The
court may modify or enlarge the conditions of probation at any time
prior to the expiration or termination of the probation term.
[RSMo. §479.200]
A.
In
any case tried before a Municipal Judge who is not licensed to practice
law in the state, the defendant shall have a right to trial de novo,
even from a plea of guilty, before a Circuit Judge or an Associate
Circuit Judge.
B.
In
any case tried before a Municipal Judge who is licensed to practice
law in the state or before an Associate Circuit Judge, except where
there has been a plea of guilty or the case has been tried with a
jury, the defendant shall have a right of trial de novo before a Circuit
Judge or upon 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 Rule.
C.
In
any case tried with a jury before an Associate Circuit Judge a record
shall be made and appeals may be had upon that record to the appropriate
Appellate Court.
[CC 1976 §10-14; Ord.
No. 1256 §2, 12-19-1978]
In the case of a breach of any recognizance entered into before
a Municipal Judge or an Associate Circuit Judge hearing a municipal
ordinance violation case, the same shall be deemed forfeited and the
Judge shall cause the same to be prosecuted against the principal
and surety, or either of them, in the name of the municipality as
plaintiff. Such action shall be prosecuted before a Circuit Judge
or Associate Circuit Judge, and in the event of cases caused to be
prosecuted by a Municipal Judge, such shall be on the transcript of
the proceedings before the Municipal Judge. All monies recovered in
such actions shall be paid over to the City Treasury to the General
Revenue Fund of the City.
[CC 1976 §10-15; Ord.
No. 1256 §2, 12-19-1978; Ord. No. 1275 §1, 8-21-1979; Ord.
No. 1750 §1, 2-15-1994; Ord. No. 1810 §1, 1-3-1995; Ord.
No. 1883 §§1 — 2, 10-17-1995; Ord. No. 2059 §1, 9-15-1998; Ord. No. 2216 §1, 5-15-2001; Ord.
No. 2256 §1, 11-6-2001; Ord. No. 2357 §§1 —
2, 11-18-2003; Ord. No. 2826 §1, 6-5-2012]
A.
In
addition to any fine that may be imposed by the Municipal Judge, there
shall be assessed as costs in all cases the following:
1.
Costs of Court in the amount of twelve dollars ($12.00).
2.
Crime Victims' Compensation Fund in the amount of seven dollars fifty
cents ($7.50).
3.
Law Enforcement Training Fund in the amount of three dollars ($3.00).
4.
Other costs, such as for the issuance of a warrant, a commitment
or summons as provided before the Associate Circuit Judge in criminal
prosecutions.
5.
Actual costs assessed against the City by the County Sheriff for
apprehension or confinement in the County Jail.
6.
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.
7.
Judicial Education and Training Fund in the amount of one dollar
($1.00).
8.
Jailhouse costs. Any person confined to the City
Jail for a period of longer than twenty-four (24) hours shall be assessed
jail housing fees in the amount of fifty dollars ($50.00) per day.
9.
Sheriffs' Retirement Fund. In addition to and separate
from the court costs set forth above in this Section, the Pacific
Municipal Court shall in conformance with Section 57.955, RSMo., collect
a surcharge of three dollars ($3.00) in all cases to the extent required
by applicable law, but no such surcharge shall be assessed when the
costs are waived or are to be paid by the State, County or municipality
or when a criminal proceeding or the defendant has been dismissed
by the Court.
[Ord. No. 2875 §1, 8-6-2013[1]]
[1]
Editor's Note: Section 2 of this ordinance provided an
effective date of 8-28-2013.
10.
Inmate Prisoner Detainee Security Fund. In
addition to, and separate from, the court costs set forth above in
this Section, the Pacific Municipal Court shall, in conformance with
Section 488.5026, RSMo. (2014), collect a surcharge of two dollars
($2.00) in all cases to the extent allowed by law. The funds so collected
shall be deposited in a City of Pacific Inmate Prisoner Detainee Security
Fund which fund shall only be used by the City to acquire, develop
and maintain biometric verification and information sharing systems.
[Ord. No. 2941 §1, 10-6-2015]
[CC 1976 §10-16; Ord.
No. 1256 §2, 12-19-1978]
The costs of any action may be assessed against the prosecuting
witness and judgment 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 and from malicious motives.
[CC 1976 §10-17; Ord.
No. 1256 §2, 12-19-1978]
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 may deem appropriate.
