State Law Reference — Courts in third class cities, §§98.320 et seq., RSMo.
[R.O. 2007 §21-1; Ord. No. 4353 §2, 11-6-1978]
There is hereby established in this City a Municipal Court to be known as the "Poplar Bluff Municipal Court, a Division of the 36th Judicial Circuit Court of the State of Missouri". This Court is a continuation of the Court of the City as previously established and is termed herein "the Municipal Court".
[R.O. 2007 §21-2; Ord. No. 4353 §2, 11-6-1978]
The jurisdiction of the Municipal Court shall extend to all cases involving alleged violations of the ordinances of the City. "Heard and determined", for purposes of this Chapter, shall mean any process under which the court in question retains the final authority to make factual determinations pertaining to allegations of a municipal ordinance violation.
[R.O. 2007 §21-3; Ord. No. 4353 §2, 11-6-1978]
The Judge of the City's Municipal Court shall be known as a Municipal Judge of the 36th Judicial Circuit Court and shall be selected as follows:
He/she shall be appointed to his/her position by the City Council for a term as specified herein.
[R.O. 2007 §21-4; Ord. No. 4353 §2, 11-6-1978]
The Municipal Judge shall hold his/her office for a period of two (2) years and shall take office biannually from January first (1st). 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.
[R.O. 2007 §21-5; Ord. No. 4353 §2, 11-6-1978; Ord. No. 5669 §1, 9-20-1993; Ord. No. 6988 §1, 8-20-2007]
The Municipal Judge shall vacate his/her office under the following circumstances:
Upon removal from office by the State Commission of the Retirement, Removal and Discipline of Judges as provided in Missouri Supreme Court Rule 12; or
Upon attaining his/her seventy-fifth (75th) birthday; or
If he/she should lose his/her license to practice law within the State of Missouri.
[R.O. 2007 §21-6; Ord. No. 4353 §2, 11-6-1978; Ord. No. 5669 §1, 9-20-1993; Ord. No. 6988 §1, 8-20-2007]
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 a resident of the State of Missouri.
He/she must be between the ages of twenty-one (21) and seventy-five (75) years.
He/she may serve as Municipal Judge for any other municipality.
He/she may not hold any other office within the City Government.
The Municipal Judge shall be considered holding a part-time position and as such may accept (within the requirements of the Code of Judicial Court Missouri Supreme Court Rule 2) other employment.
[R.O. 2007 §21-7; Ord. No. 4353 §2, 11-6-1978]
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/her directives.
[R.O. 2007 §21-8; Ord. No. 4353 §2, 11-6-1978]
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 in 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 will be filed with the City Clerk who shall thereafter forward the same to the City Council for examination at its first (1st) session thereafter. The Municipal Court shall, within the ten (10) days after the first (1st) of the month, pay to the Municipal Treasurer the full amount of all fines collected during the preceding months, if they have not previously been paid.
[R.O. 2007 §21-9; Ord. No. 4353 §2, 11-6-1978]
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 Butler 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.
[R.O. 2007 §21-10; Ord. No. 6466 §1, 2-19-2002]
The Municipal Judge shall be and is hereby authorized to:
Establish a Violations Bureau as provided for in the Missouri Rules of Practice and Procedure in Municipal and Traffic Courts and Section 479.050, RSMo.
Administer oaths and enforce due obedience to all orders, rules and judgments made by him/her and may fine and imprison for contempt committed before him/her while holding court in the same manner and to the same extent as a Circuit Judge.
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. In addition, the Municipal Judge is hereby authorized to order, in his/her discretion, contribution to the Poplar Bluff Crime Reduction Fund as a condition to any suspended imposition or execution of any fine or sentence that may otherwise be imposed.
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.
[R.O. 2007 §21-11; Ord. No. 4353 §2, 11-6-1978]
Should the Municipal Judge determine that there shall be a Violations Bureau, the City shall provide all expenses incident to the operation of the same. The City Collector is hereby designated as the Violations Clerk for said Bureau, if established.
[R.O. 2007 §21-12; Ord. No. 4353 §2, 11-6-1978]
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.
[Ord. No. 6525 §1, 9-3-2002]
Search Warrant Defined — Who May Issue, Execute.
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 City relating to the use, condition or occupancy of property or structures located within the City, 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 with the City 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 building inspector or his/her designated representative.
Any such warrant shall be directed to the Chief of Police or any other Police Officer of the City of Poplar Bluff and shall be executed by the Chief of Police or said Police Officer within the City limits and not elsewhere.
Who May Apply For Warrant — Contents Of Application.
Any Police Officer or an attorney of the City 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 building inspector or his/her designated representative 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 probably cause exists to inspect or search for violations of any 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 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 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 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 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 copies, and the application, any supporting affidavit and one 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 Poplar Bluff;
Be directed to any Police Officer in the City of Poplar Bluff:
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;
Command that the described property or places be searched or entered upon, and that any evidence of any City 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; and
Be signed by the judge, with his/her title of office indicated.
Execution and return.
A search warrant issued under this Section shall be executed only by a City Police Officer, provided however, that one or more designated City officials may 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.
When property seized.
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.
A copy of the itemized receipt of any property taken shall be delivered to an attorney for the City 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 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/she deems necessary to assist him/her 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/she 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.
Return of search warrant.
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 Poplar Bluff;
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.
[R.O. 2007 §21-13; Ord. No. 4353 §2, 11-6-1978]
The City Marshal, Chief of Police or other Police Officer of the City may, without a warrant, make arrest of any person who commits an offense in his/her presence, but such officer shall, before the trial, file a written complaint with the Judge hearing violations of municipal ordinances.
[R.O. 2007 §21-14; Ord. No. 4353 §2, 11-6-1978]
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.
[R.O. 2007 §21-15; Ord. No. 4353 §2, 11-6-1978]
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/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.
[R.O. 2007 §21-16; Ord. No. 4353 §2, 11-6-1978]
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/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.
If, in the progress of any trial before the 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 Court Judge of the County.
For purposes of this Section, any offense involving the operation of a motor vehicle in an intoxicated condition as defined in Section 577.001, RSMo., shall not be cognizable in Municipal Court, if the defendant has been convicted, found guilty, or pled guilty to two (2) or more previous intoxication-related traffic offenses as defined in Section 577.023, RSMo., or has had two (2) or more previous alcohol-related enforcement contacts as defined in Section 302.525, RSMo.
[R.O. 2007 §21-18; Ord. No. 4353 §2, 11-6-1978]
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/her custody. The same shall be taxed as cost.
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 such Judge. When a person 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 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:
A person 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 person placed on parole or probation or any person deriving a cause of action from him/her 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.
The Court may modify or enlarge the conditions of probation at any time prior to the expiration or termination of the probation term.
In any case tried before the Municipal Judge, except where there has been a plea of guilty or where the case has been tried with a jury, the defendant shall have a right of trial de novo before a Circuit Court Judge or upon assignment before an Associate Circuit Court 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.
[R.O. 2007 §21-21; Ord. No. 4353 §2, 11-6-1978]
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.
[R.O. 2007 §21-22; Ord. No. 4353 §2, 11-6-1978]
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 Municipal Treasury to the General Revenue Fund of the municipality.
[R.O. 2007 §21-23; Ord. No. 4353 §2, 11-6-1978]
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.
If a Municipal Judge be absent, sick or disqualified from acting pursuant to the general administrative authority of the Presiding Judge of the Circuit Court over the Municipal Divisions within the circuit contained in Section 478.240, RSMo., a special Municipal Judge may be designated in accordance with the provisions of Section 479.230, RSMo., until such absence or disqualification shall cease.
[R.O. 2007 §21-25; Ord. No. 4353 §2, 11-6-1978]
The Court Officer, as designated by the City Manager, is hereby designated as the 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 Violation Bureau cases or as directed by the Municipal Judge, generally act as Violations Clerk of the Violations Bureau.
Perform all other duties as provided for by ordinance, by rules of practice and procedure adopted by the Municipal Judge and by the Missouri Rules of Practice and Procedure in Municipal and Traffic Courts and by Statute.
Maintain, properly certified by the City Clerk, a complete copy of the ordinances of the City of the municipality which shall constitute prima facie 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.
[R.O. 2007 §21-26; Ord. No. 4353 §2, 11-6-1978; Ord. No. 6478 §1, 3-18-2002; Ord. No. 6744 §§1 — 2, 11-23-2004]
In addition to any fine that may be imposed by the Municipal Judge in any case filed in the Poplar Bluff Municipal Division of the 36th Judicial Circuit Court, and in addition to all other fees authorized or required by law, there shall be assessed as costs the following:
Costs of Court in the amount of twelve dollars ($12.00).
Police Officer training fee. A fee of three dollars ($3.00) is hereby established and assessed as additional Court costs in each Court proceeding, except that no such fee shall be collected when the proceedings against the defendant have been dismissed.
Two dollars ($2.00) of each such Court cost shall be transmitted monthly to the Treasurer of the City and used to pay for Police Officer training as provided by Sections 590.100 to 590.180, RSMo. The City shall not retain for training purposes more than one thousand five hundred dollars ($1,500.00) of such funds for each certified Law Enforcement Officer or candidate for certification employed by the City. Any excess funds shall be transmitted quarterly to the City's General Fund.
One dollar ($1.00) of each such Court cost shall be sent to the State Treasury to the credit of the Peace Officers Standards and Training Commission Fund created by Section 590.178, RSMo.
Crime Victims' Compensation Fund. An additional sum of seven dollars fifty cents ($7.50) shall be assessed and added to the basic costs in Subparagraph (1) of this Section, provided that no such cost shall be collected in any proceeding when the proceeding or the defendant has been dismissed by the Court. All sums collected pursuant to this Subparagraph shall be paid at least monthly as follows:
There may also be assessed a two dollar ($2.00) cost per case for each municipal ordinance violation. Said costs shall be sent to Haven House, a shelter for victims of domestic violence established pursuant to Sections 455.200 — 455.230, RSMo. The Municipal Judge may waive assessment of the cost in those cases where the defendant is found by the Judge to be indigent and unable to pay the cost. Such cost shall be collected by the Municipal Court Clerk and disbursed to the City at least monthly. The City use such additional costs only for the purpose of providing operating expenses for Haven House as a shelter for victims of domestic violence.
The City Council hereby authorizes the Municipal Court of the City of Poplar Bluff to impose a two dollar ($2.00) surcharge in all proceedings filed in Municipal Court, said surcharge to be assessed as a component of court costs. Said surcharge shall hereinafter be known as an "Inmate Security Fund Surcharge" and shall be used to pay expenses related to the custody, housing and other costs associated with the incarceration of City Code offenders. Such monies may also be used to develop and maintain a biometric verification system for the Municipal Court.
Other costs, such as for the issuance of a warrant, a commitment or a summons, as provided before the Associate Circuit Judge in criminal prosecutions.
Actual costs assessed against the City by the County Sheriff for apprehension or confinement in the County Jail or costs assessed against the City by any other detention facility.
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.
Any other reasonable cost as may be otherwise provided by ordinance including, but not limited to, costs of confinement, including any necessary transportation related thereto, medical costs incurred by the City while a defendant is in City custody, and costs related to the arrest and testing of any person for any intoxication-related traffic offense as set out in Section 130.260(10) hereof.
Reimbursement of certain costs of arrest.
Upon a plea or a finding of guilty of violating the provisions of Sections 342.020 or 342.030 of this Code or any ordinance of the City of Poplar Bluff involving alcohol- or drug-related traffic offenses, the Court may, in addition to imposition of any penalties provided by law, order the convicted person to reimburse the Police Department for the costs associated with such arrest.
Such costs hereby authorized shall include the reasonable cost of making the arrest, including the cost of any chemical test made as authorized or required by law or ordinance 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 Chief of Police may establish a schedule of such costs hereby authorized and shall submit the same to the Municipal Judge. However, the Court may order the costs reduced if it determines that the costs are excessive.
[R.O. 2007 §21-27; Ord. No. 4353 §2, 11-6-1978]
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 and from malicious motives.
[R.O. 2007 §21-28; Ord. No. 4353 §2, 11-6-1978]
When a fine is assessed for violating an ordinance, it should 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.
[R.O. 2007 §21-29; Ord. No. 4353 §2, 11-6-1978]
In the event of a transfer of any matter before the Municipal Judge to an Associate Circuit Judge, the Municipal Judge shall require such bond of the defendant as the Municipal Judge shall deem appropriate, the fact that he/she had been disqualified to hear the matter not withstanding.
[R.O. 2007 §21-30; Rev. Ords. 1951 §29.060; Ord. No. 4353 §3, 11-6-1978]
The City shall provide, at the expense of the City, a suitable courtroom for the Municipal Judge. He/she shall hold his/her court in such courtroom and his/her court shall be open every day except Sunday.
[R.O. 2007 §21-31; Rev. Ords. 1951 §§30.000, 30.030; Ord. No. 4353 §3, 11-6-1978]
Any person who has been convicted in the Municipal Court and sentenced by the Municipal Judge for violation of any provision of this Code or of the City, whether the punishment be by fine or imprisonment, or by both, may be put to work and required to perform labor on the public streets, highways and alleys or other public works on buildings of the City.
Any person who shall work out a fine imposed upon him/her by the Judge shall receive credit toward his/her fine and costs in the amount of ten dollars ($10.00) for each day which said person works.
[R.O. 2007 §21-32; Rev. Ords. 1951 §29.040; Ord. No. 4353 §3, 11-6-1978]
The Municipal Judge shall deliver his/her docket and all other books and papers pertaining to his/her office to his/her successor in office.
[R.O. 2007 §21-33; Rev. Ords. 1951 §29.040; Ord. No. 4353 §3, 11-6-1978]
No change of venue shall be granted or taken in any trial before the Municipal Judge for the violation of any City ordinance.
[R.O. 2007 §21-51; Rev. Ords. 1951 §29.390; Ord. No. 4353 §3, 11-6-1978]
When property alleged to have been stolen, purloined, embezzled or obtained by false pretenses shall come into the custody of the Chief of Police, he/she shall hold the same subject to the order of the Municipal Judge or other Court authorized to direct the disposition thereof.
[R.O. 2007 §21-52; Rev. Ords. 1951 §29.400; Ord. No. 4353 §3, 11-6-1978]
Upon satisfactory proof of the title of any owner of any illegally obtained property, the Municipal Judge may order the same to be delivered to such owner on his/her paying the reasonable and necessary expenses incurred in the safekeeping and preservation of such property, to be certified to by the Judge, which order shall entitle the owner to demand and receive such property.
[R.O. 2007 §21-53; Rev. Ords. 1951 §29.430; Ord. No. 4353 §3, 11-6-1978]
Any person arrested for the violation of any ordinance of this City may be admitted to bail by executing a bond to the City, with one (1) or more good and sufficient sureties, to be approved by the Municipal Judge, conditioned that the person will appear on the day therein named before the Municipal Court to answer the charge against him/her and all bonds taken as above provided shall be filed with the Judge.
[R.O. 2007 §36-83]
There is hereby created and established in and for the City a Violations Bureau to assist the court with the clerical work of traffic cases.
[R.O. 2007 §36-84]
The Violations Bureau shall be comprised of the Municipal Judge, Clerk of the Municipal Court and the desk sergeant.
[R.O. 2007 §36-85]
The Violations Bureau shall be in charge of such persons and shall be open at such hours as the Bureau shall designate from time to time.
[R.O. 2007 §36-86]
Any person charged with an offense for which payment of a fine may be made to the Violations Bureau shall have the option of paying such fine within the time specified in the notice of arrest at the Violations Bureau upon entering a plea of guilty and upon waiving appearance in court or may have the option of depositing required lawful bail and upon a plea of not guilty shall be entitled to a trial as authorized by law.
The payment of a fine to the Bureau shall be deemed an acknowledgment of conviction of the alleged offense and the Bureau, upon accepting the prescribed fine, shall issue a receipt to the violator acknowledging payment thereof.
State Law Reference — Similar provisions, §300.555, RSMo.
[R.O. 2007 §36-87]
The following duties are hereby imposed upon the Violations Bureau in reference to traffic offenses:
It shall accept designated fines, issue receipts and represent in court such violators as are permitted and desire to plead guilty, waive court appearance and give power of attorney;
It shall receive and issue receipts for cash bail from the persons who must or wish to be heard in court, enter the time of their appearance on the court docket and notify the arresting officer and witnesses, if any, to be present.
State Law Reference — Similar provisions, §300.560, RSMo.
[R.O. 2007 §36-88]
The Violations Bureau shall keep records and submit summarized monthly reports to the Municipal Court of all notices issued and arrests made for violation of the traffic laws and ordinances in the City and of all the fines collected by the Violations Bureau or the court and of the final disposition or present status of every case of violation of the provisions of said laws and ordinances. Such records shall be so maintained as to show all types of violations and the totals of each. Said records shall be public records.
State Law Reference — Similar provisions, §300.565, RSMo.
[R.O. 2007 §36-89]
The Violations Bureau shall follow such procedure as may be prescribed by the traffic ordinances of the City or as may be required by any laws of this State.
[R.O. 2007 §36-90]
All fines or forfeitures collected upon conviction or upon the forfeiture of bail of any person charged with a violation of any of the provisions of this Chapter shall be paid into the City Treasury and deposited in general funds.
State Law Reference — Similar provisions, §300.570, RSMo.
[R.O. 2007 §36-124; Ord. No. 5851 §1, 11-20-1995]
If a Missouri resident charged with a moving traffic violation of the City fails to dispose of the charges of which he/she is accused through authorized prepayment of fine and court costs and fails to appear on the return date or at any subsequent date to which the case has been continued or without good cause fails to pay any fine or court costs assessed against him/her for any such violation within the period of time specified, the Municipal Court shall within ten (10) days of the failure to comply inform the defendant by ordinary mail at the last address shown on the court records that the court will order the Director of Revenue to suspend the defendant's driving privileges if the charges are not disposed of and fully paid within thirty (30) days from the date of mailing. Thereafter, if the defendant fails to timely act to dispose of the charges and fully pay any applicable fines and court costs, the court shall notify the Director of Revenue of such failure and of the pending charges against the defendant. Upon receipt of this notification, the Director shall suspend the license of the driver, effective immediately, and provide notice of the suspension to the driver at the last address for the driver shown on the records for the Department of Revenue. Such suspension shall remain in effect until satisfactory evidence of disposition of pending charges and payment of fine and court costs, if applicable, is furnished to the Director by the court. Upon proof of disposition of charges and payment of fine and court costs, if applicable, and payment of the reinstatement fee as set forth in Section 302.304, RSMo., the Director shall reinstate the license.