[R.O. 2010 § 135.010; CC 1996 § 135.010;
CC 1977 § 72.010; Ord.
No. 594 § 72.010, 10-9-1978]
There is hereby established in this
City a Municipal Court to be known as the "Bowling Green Court, a
Division of the 11th Judicial Circuit Court for the State of Missouri."
This Court is a continuation of the Police Court of the City as previously
established and is termed herein "the Municipal Court."
[R.O. 2010 § 135.020; CC 1996 § 135.020;
CC 1977 § 72.020; Ord.
No. 594 § 72.020, 10-9-1978]
The jurisdiction of the Municipal
Court shall extend to all cases involving alleged violations of the
ordinances of the City.
[R.O. 2010 § 135.030; CC 1996 § 135.030;
CC 1977 § 72.030; Ord.
No. 594 § 72.030, 10-9-1978; Ord. No. 1100 § I, 5-10-1999; Ord.
No. 1355 § I(2), 6-16-2003]
The City of Bowling Green, Missouri,
hereby elects to have all violations of its municipal ordinances heard
and determined by the Associate Circuit Judge of Pike County, Missouri,
pursuant to Section 479.040, RSMo. The City shall request the Presiding
Judge to enter an order allowing the Associate Circuit Judge of Pike
County to commence hearing such violations immediately upon passage
of this Chapter, dated June 16, 2003.
[R.O. 2010 § 135.040; CC 1996 § 135.070;
CC 1977 § 72.070; Ord.
No. 594 § 72.070, 10-9-1978]
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.
[1]
Editor's Note: Former Section 135.050, Report
to Board of Aldermen, was superseded at the direction of the City
with the passage of Ord. No. 1839, 4-17-2017.
[R.O. 2010 § 135.060; CC 1996 § 135.090;
CC 1977 § 72.090; Ord.
No. 594 § 72.090, 10-9-1978]
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 Pike 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. 2010 § 135.070; CC 1996 § 135.100;
CC 1977 § 72.100; Ord.
No. 594 § 72.100, 10-9-1978; Ord. No. 854 § 1, 6-8-1992]
A.
The Municipal Judge shall be and is hereby
authorized to:
1.
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.
2.
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.
3.
Commute the term of any sentence,
stay execution of any fine or sentence, suspend any fine or sentence,
suspend the imposition of 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. Any
and all rules made or adopted hereunder may be annulled or amended
by an ordinance limited to such purpose; provided, that such ordinance
does not violate, or conflict with, the provisions of the Missouri
Rules of Practice and Procedure in Municipal and Traffic Courts or
State Statutes.
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.
6.
Identify the person, place, or thing which is to be searched,
in sufficient detail and particularity that the officer executing
the warrant can readily ascertain whom or what he or she is to search.
[1]
Editor's Note: Former Section 135.080, Associate
Municipal Judge, and Section 135.090, Violations Bureau, were superseded
at the direction of the City with the passage of Ord. No. 1839, 4-17-2017.
[R.O. 2010 § 135.100; CC 1996 § 135.120;
CC 1977 § 72.120; Ord.
No. 594 § 72.120, 10-9-1978]
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.
[R.O. 2010 § 135.110; CC 1996 § 135.130;
CC 1977 § 72.130; Ord.
No. 594 § 72.130, 10-9-1978]
The 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. 2010 § 135.120; CC 1996 § 135.140;
CC 1977 § 72.140; Ord.
No. 594 § 72.140, 10-9-1978]
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. 2010 § 135.130; CC 1996 § 135.150;
CC 1977 § 72.150; Ord.
No. 594 § 72.150, 10-9-1978]
It shall be the duty of the City
Attorney 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 for such attorney shall not be contingent
upon the result in any case.
[R.O. 2010 § 135.140; CC 1996 § 135.160;
CC 1977 § 72.160; Ord.
No. 594 § 72.160, 10-9-1978]
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.
[R.O. 2010 § 135.150; CC 1996 § 135.170;
CC 1977 § 72.170; Ord.
No. 594 § 72.170, 10-9-1978]
A.
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.
B.
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 or more previous
intoxication-related traffic offenses as defined in Section 577.001,
RSMo., or has had two (2) or more previous alcohol-related enforcement
contacts as defined in Section 302.525, RSMo.
[R.O. 2010 § 135.160; CC 1996 § 135.180;
CC 1977 § 72.180; Ord.
No. 594 § 72.180, 10-9-1978]
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.
[R.O. 2010 § 135.170; CC 1996 § 135.190]
A.
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.
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:
1.
Restitution to the victim or any
dependent of the victim in an amount to be determined by the Judge;
and
2.
The performance of a designated amount
of free work for a public or charitable purpose or purposes as determined
by the Judge.
3.
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.
4.
The Court may modify or enlarge the
conditions of probation at any time prior to the expiration or termination
of the probation term.
[R.O. 2010 § 135.180; CC 1996 § 135.200]
B.
In any case tried before a Municipal Judge
who is licensed to practice law in this 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.
D.
The Supreme Court may provide by rule what
record shall be kept and may provide that it be a stenographic record
or one made by the utilization of electronic, magnetic or mechanical
sound or video recording devices.
[R.O. 2010 § 135.190; CC 1996 § 135.210;
CC 1977 § 72.210; Ord.
No. 594 § 72.210, 10-9-1978]
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. 2010 § 135.200; CC 1996 § 135.220;
CC 1977 § 72.220; Ord.
No. 594 § 72.220, 10-9-1978]
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. 2010 § 135.210; CC 1996 § 135.230;
CC 1977 § 72.230; Ord.
No. 594 § 72.230, 10-9-1978]
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.
[1]
Editor's Note: Former Section 135.220, Absence
of Judge — Procedure, and Section 135.230, Clerk of the Municipal
Court, were superseded at the direction of the City with the passage
of Ord. No. 1839, 4-17-2017.
[R.O. 2010 § 135.240; CC 1996 § 135.260;
CC 1977 § 72.260; Ord.
No. 762 § I(72.260), 8-8-1988; Ord. No. 887 § I, 11-8-1993; Ord. No. 974 § I, 4-8-1996; Ord.
No. 1142 § I, 4-10-2000; Ord. No. 1275 § I, 3-18-2002; Ord.
No. 1276 § I, 3-18-2002; Ord. No. 1326 § I, 10-21-2002; Ord. No. 1443 § I, 9-20-2004]
A.
In addition to any fine or sentence 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 fifteen
dollars ($15.00). However, when there is an application for a trial
de novo, there shall be an additional fee of thirty dollars ($30.00).
[Ord. No. 1839 §
II, 4-17-2017]
2.
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.
a.
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.
b.
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.
3.
Crime Victims' Compensation Fund. An additional sum of seven dollars fifty cents ($7.50) shall be assessed and added to the basic costs in Subsection (A)(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 Subsection shall be paid at least monthly as follows:
4.
Alcohol- And Drug-Related Traffic
Offenses. In addition to any other penalties and costs provided by
law or ordinance, the Court may order any person convicted of an alcohol-
or drug-related traffic offense or amended alcohol- or drug-related
traffic offense to reimburse the City for the costs associated with
the arrest of such person. Such costs shall include the reasonable
cost of making the arrest, including the cost of any chemical test
made 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. A schedule of such costs shall be established by the Bowling
Green Police Department and filed with the Clerk of the Municipal
Court and the Court may impose costs in accordance with the schedule;
provided, the Court may order the costs reduced in a case if the Court
determines the costs are excessive.
5.
Other costs, such as service costs,
witness fees, jail costs, fees for the issuance of a warrant, commitment
or summons, in addition to the foregoing cost of Court.
6.
Actual costs assessed against the
City by any County Sheriff or State Peace Officer for apprehension
or confinement in the County Jail.
7.
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,
summons or commitment or order of this Court.
8.
In addition to any other Court costs
provided for herein, the Bowling Green Municipal Division of the Pike
County Circuit Court may impose an additional cost of four dollars
($4.00) in every case of a Municipal ordinance violation, which sum
shall be collected and disbursed by the City for the purpose of providing
for the operating expenses of a shelter for victims of domestic violence
established pursuant to Sections 455.200 through 455.230, RSMo. Such
costs shall be disbursed by the City monthly to an appropriate and
qualified shelter.
[Ord. No. 1775 §§ I
— II, 12-15-2014]
9.
The City authorizes and approves
the court automation fee of seven dollars ($7.00) effective June 1,
2017.
[Ord. No. 1839 §§III, 4-17-2017]
10.
The City authorizes and approves
a fee of two dollars ($2.00) per case for Inmate Prisoner Detainee
Security. The same is hereby established as an additional cost by
this City in conformity with Section 488.5026, RSMo.
[Ord. No.
1917, 2-22-2021]
[R.O. 2010 § 135.250; CC 1996 §
135.270; CC 1977 § 72.270; Ord. No. 594 § 72.270, 10-9-1978]
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.
