[R.O. 2003 §130.010; C.C. 1979 §72.010]
There is hereby established in this City a Municipal Court,
to be known as the "Buckner Municipal Court, a Division of the 16th
Judicial Circuit Court of 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. 2003 §130.020; C.C. 1979 §72.020]
The jurisdiction of the Municipal Court shall extend to all
cases involving alleged violations of the ordinances of the City.
[R.O. 2003 §130.030; C.C. 1979 §72.030]
[R.O. 2003 §130.040; C.C. 1979 §72.040]
The Municipal Judge shall hold his office for a period two (2)
years and shall take office biannually from January 1, 1979. If for
any reason a Municipal Judge vacates his office, his successor shall
complete that term of office, even if the same be for less than two
(2) years.
[R.O. 2003 §130.050; C.C. 1979 §72.050]
A.
The Municipal Judge shall vacate his office under the following circumstances:
[R.O. 2003 §130.060; C.C. 1979 §72.060]
A.
The Municipal Judge shall possess the following qualifications before
he shall take office:
1.
He must be a licensed attorney, qualified to practice law within
the State of Missouri.
2.
He need not reside within the City.
3.
He must be a resident of the State of Missouri.
4.
He must be between the ages of twenty-one (21) and seventy-five
(75) years.
5.
He may serve as Municipal Judge for any other municipality.
6.
He may not hold any other office within the City Government.
7.
The Municipal Judge shall be considered holding a part-time
position, and as such may accept (within the requirements of the Code
of Judicial Conduct, Missouri Supreme Court Rule 2) other employment.
[R.O. 2003 §130.070; C.C. 1979 §72.070]
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.
[R.O. 2003 §130.080; C.C. 1979 §72.080; Ord. No. 1009 §2, 6-3-2010; Ord.
No. 1084, 8-3-2023]
A.
The Municipal Judge shall cause to be prepared a report under oath
by the municipal Court Clerk a report in compliance with Missouri
Supreme Court Operating Rule 4.29.
[R.O. 2003 §130.090; C.C. 1979 §72.090]
The Municipal Judge shall be a conservator of the peace. He
shall keep a docket in which he shall enter every case commenced before
him and the proceedings therein and he shall keep such other records
as may be required. Such docket and records shall be records of the
Circuit Court of Jackson County. The Municipal Judge shall deliver
the docket and records of the Municipal Court, and all books and papers
pertaining to his office, to his successor in office or to the presiding
Judge of the circuit.
[R.O. 2003 §130.100; C.C. 1979 §72.100; Ord. No. 1238, 4-5-2012]
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 of the Revised Statutes of Missouri.
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 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, 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.
In his discretion to establish conditions relating to continued
imposition of sentence on conviction of violation of any ordinance
of the City of Buckner, and shall have the power to revoke such imposition
of sentence if the conditions imposed are violated.
7.
In his discretion to suspend the execution of any sentence on
conviction of violation of any ordinance of the City of Buckner.
8.
In his/her discretion to place a defendant on probation for
a period of up to two (2) years for a misdemeanor and up to one (1)
year for an infraction and to establish such conditions that may be
necessary and proper for the implementation of such probation. Prior
to the expiration of such probation, the Judge may extend the probation
one (1) time for an additional period of up to one (1) year in accordance
with Section 559.016 of the Revised Statutes of Missouri.
9.
In his discretion to require a defendant placed on such probation
to attend program or programs designed for rehabilitation and to restrict
parolee's travel and activities during the time he is placed on probation.
10.
In his/her discretion, from time to time, to enter orders for
the disposition of evidentiary items in the possession of the Police
Department that are no longer required to be held for evidentiary
purposes. Such disposition may be by destruction or by sale at public
or private auction. No item shall be disposed of by destruction if:
[R.O. 2003 §130.110; C.C. 1979 §72.110; Ord. No. 1005 §2, 6-3-2010]
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 Municipal Court Clerk is hereby designated as the
Violations Clerk for said Bureau, if established.
[R.O. 2003 §130.120; C.C. 1979 §72.120; Ord. No. 736 §1, 11-3-2005]
A.
All warrants issued by a Municipal Judge shall be directed to the
Chief of Police or any other Police Officer of the municipality or
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.
B.
The issuance of administrative search warrants relating to violations
of the Municipal Code ("Code") of the City of Buckner and relating
to enforcement thereof shall conform to and be governed by the following
provisions:
1.
An administrative search warrant is a written order of the Municipal
Court of the City of Buckner commanding the search of property to
determine the existence of violations of specific provisions contained
within the Code and to permit abatement of nuisances and enforcement
of violations of said Code provisions.
2.
Any public official, Police Officer, code enforcement officer,
special counsel or the prosecuting attorney may make an application
for the issuance of an administrative search warrant. The application
may be made on a form prepared by the Court Clerk and shall:
a.
Be in writing;
b.
State the time and date of the making of the application;
c.
Identify the property which is to be searched in sufficient
detail and particularity that the Police Officer executing the warrant
can readily ascertain it;
d.
Identify the City Code violation in sufficient detail and particularity
that the Police Officer executing the warrant can readily ascertain
it;
e.
State facts sufficient to show reasonable suspicion for the
issuance of the administrative search warrant;
f.
Be verified by the signed oath or affirmation of the applicant;
g.
Be filed in the Municipal Court.
3.
The application may be supplemented in writing as necessary
to assist the Municipal Judge in determining whether there is reasonable
suspicion for the issuance of an administrative search warrant and
to fill out any deficiencies in the description of the property to
be searched or in the Code violation(s) on the property. Oral testimony
shall not be considered.
4.
The Municipal Judge or Acting Municipal Judge shall review the
application and any written supplementation to determine whether sufficient
facts have been stated to justify the issuance of an administrative
search warrant. If it appears that there is reasonable suspicion to
believe that a violation of the Code provision exists on the property
described, an original and two (2) copies of the administrative search
warrant shall be issued.
5.
The application and any written supplementation and a copy of
the warrant shall be retained in the records of the Municipal Court.
6.
The administrative search warrant shall:
a.
Be in writing;
b.
Be directed to a Police Officer of the City of Buckner;
c.
State the time and date the warrant is issued;
d.
Identify the property which is to be searched in sufficient
detail and particularity such that the Police Officer executing the
warrant can readily ascertain it;
e.
Identify the Code violation in sufficient detail and particularity
such that the Police Officer executing the warrant can readily ascertain
it;
f.
Be signed by the Municipal Judge or Acting Municipal Judge;
g.
Be executed by a Police Officer of the City of Buckner by conducting
the search commanded and/or abating the nuisance or Code violation;
h.
Be executed between the hours of 8:00 A.M. and 5:00 P.M., except
in the case of an emergency threatening immediate damage or harm to
life or property;
i.
Be executed and returned within ten (10) days after the date
of the making of the application; and
j.
After execution of the administrative search warrant, the warrant
with a return thereon, signed by the Police Officer executing the
warrant, shall be filed in Municipal Court. The return shall show
the date and manner of execution, the name of the possessor and the
name of the owner of the property, when they are not the same person,
if known.
7.
An administrative search warrant shall be deemed invalid:
a.
If it was not issued and signed by the Municipal Judge or Acting
Municipal Judge;
b.
If it was issued without a written application in compliance
with this Code Section having been filed and verified;
c.
If it was issued without reasonable suspicion;
d.
If it does not describe the property to be searched and/or the
nuisance or Code violation with sufficient certainty; or
e.
If it is not executed and returned within the time prescribed.
[R.O. 2003 §130.130; C.C. 1979 §72.130]
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 presence, but such Officer shall, before the trial, file a
written complaint with the Judge hearing violations of municipal ordinance.
[R.O. 2003 §130.140; C.C. 1979 §72.140]
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. 2003 §130.150; C.C. 1979 §72.150]
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.
[R.O. 2003 §130.160; C.C. 1979 §72.160]
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.
[R.O. 2003 §130.170; C.C. 1979 §72.170]
If, in the progress of any trial before a Municipal Judge, it
shall appear to the Judge that the accused ought to 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.
[R.O. 2003 §130.180; C.C. 1979 §72.180; Ord. No. 1006 §2, 6-3-2010; Ord.
No. 1242, 4-19-2012; Ord. No. 1083, 8-3-2023]
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 Johnson County Sheriff's Facility, or such other
facility as the City Administrator deems appropriate. It shall be
the duty of the Sheriff, if space for the prisoner is available in
the Johnson County Sheriff's Facility, or other approved facility
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.
[R.O. 2003 §130.190]
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.
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. §479.190)
[R.O. 2003 §130.200; C.C. 1979 §72.200]
In all cases tried before the Municipal Court, 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 Judge or an 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.
[R.O. 2003 §130.210; C.C. 1979 §72.210]
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. 2003 §130.220]
In a 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 City 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. (RSMo. §479.210)
[R.O. 2003 §130.230; C.C. 1979 §72.230]
A Municipal Judge shall be disqualified to hear any case in
which he is 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 the Municipal Judge or Provisional 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. (RSMo. §479.230, 2005)
[R.O. 2003 §130.250; C.C. 1979 §72.250; Ord. No. 1008 §2, 6-3-2010]
There is hereby created and established the office of Municipal
Court Clerk. The Municipal Court Judge shall designate a Court Clerk
who will also perform the duties of the Violation Bureau Clerk. The
duties of said Clerk shall be as within Court Operating Order #1,
City of Buckner, effective, January 1, 2008, a copy which is attached
hereto as Exhibit A and is incorporated herein by reference.[1]
[1]
Editor's Note: Exhibit A is on file and available for review
in the City offices.
[R.O. 2003 §130.260; C.C. 1979 §72.260; Ord. No. 429 §72.260(1), 9-4-1984; Ord.
No. 467 §72.260(6), 9-1-1988; Ord. No. 509, 10-7-1993; Ord.
No. 527 §§A-B, 2-2-1995; Ord. No. 554, 2-6-1997; Ord.
No. 560, 6-5-1997; Ord. No. 649 §1, 10-4-2001; Ord.
No. 651 §1, 10-4-2001; Ord. No. 700 §§1-2, 6-5-2003 Ord.
No. 786 §1, 12-19-2007; Ord. No. 799 §1, 7-3-2008; Ord.
No. 1007 §2, 6-3-2010]
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: (RSMo.
Chapter 488, Court Costs)
1.
Standard Municipal Court Costs Clerk Fee. The
official of the Municipal Court responsible for collecting Court costs
and fines shall assess a Clerk Fee in the amount of twelve dollars
($12.00) for each Court proceeding filed for violations of the ordinances
of the City of Buckner, Missouri, including traffic violations and
nonmoving traffic violations, unless such action is dismissed, or
costs are to be paid by the State, County or Municipality. Such amounts
collected shall be remitted monthly to the general fund of the City
of Buckner, Missouri. (RSMo. §488.012.3(3), 479.260) (Court Operating
Rule §21.01 (a) (5))
2.
Judicial Education Fund. One dollar ($1.00) of each twelve dollars ($12.00) collected pursuant to Subsection (A)(1) above as a Clerk Fee shall be deposited in a Judicial Education Fund (JEF). The court shall use the fund to pay for continuing education and certification of the Municipal Judge, and to pay for the education and training of the Court Clerk and Deputy Clerk of the Municipal Court. Further the Municipality shall not retain more than one thousand five hundred dollars ($1,500.00) in the JEF for each Municipal Judge and Court Clerk of the Municipal Court. Any excess funds shall be remitted monthly to the general revenue fund of the City of Buckner, Missouri. (RSMo. §479.260)
3.
Law Enforcement Training (LET) Fund Surcharge. The official of the Municipal Court responsible for collecting Court
costs and fines shall assess a Law Enforcement Training (LET) surcharge
of two dollars ($2.00) for each Court proceeding filed for violations
of the ordinances of the City of Buckner, Missouri, including traffic
violations and nonmoving traffic violations, unless such action is
dismissed, or costs are to be paid by the State, County or Municipality.
The City shall not retain more than one thousand five hundred dollars
($1,500.00) of such funds for the training of each certified law enforcement
officer, peace officer and other law enforcement personnel employed
by that agency. Any excess funds shall be remitted monthly to the
general revenue fund of the City of Buckner, Missouri. (RSMo. §488.5336)
4.
Peace Officer Standards and Training (POST) Commission
Surcharge. The official of the Municipal Court responsible
for collecting Court costs and fines shall collect a Peace Officer
Standards and Training Commission (POST) surcharge of one dollar ($1.00)
for each Court proceeding filed for violations of the ordinances of
the City of Buckner, Missouri, including traffic violations and nonmoving
traffic violations, unless such action is dismissed, or costs are
to be paid by the State, County or Municipality. Such amounts collected
shall be remitted monthly to the Treasurer, State of Missouri, POST
Fund. (RSMo. §488.5336)
5.
Crime Victim's Compensation (CVC) Fund Surcharge. The official of the Municipal Court responsible for collecting Court
costs and fines shall collect a Crime Victim's Compensation (CVC)
surcharge of seven dollars and fifty cents ($7.50) for each Court
proceeding filed for violations of the ordinances of the City of Buckner,
Missouri, including traffic violations and nonmoving traffic violations,
unless such action is dismissed, or costs are to be paid by the State,
County or Municipality. For each such seven dollars and fifty cents
($7.50) collected, the court shall remit 95% ($7.13) to the Missouri
Department of Revenue, monthly, and 5% ($0.37) to the general revenue
fund of the City of Buckner, Missouri. If the municipal case is heard
by an Associate Division Judge, remit 100% ($7.50) to the Missouri
Department of Revenue. (RSMo. §488.5339 and RSMo. §595.045)
6.
Domestic Violence Shelter (DVS) Fund Surcharge. The official of the Municipal Court responsible for collecting Court
costs and fines shall collect a (DVS) surcharge of four dollars ($4.00)
(for the sole purpose to provide operating expenses for shelters for
battered persons) for each Court proceeding filed for violations of
the ordinances of the City of Buckner, Missouri, including traffic
violations and nonmoving traffic violations, unless such action is
dismissed, or costs are to be paid by the State, County or Municipality.
Such amounts collected shall be remitted monthly to the shelter as
designated by the City of Buckner, Missouri. (RSMo. §488.607)
[Ord. No. 957, 9-18-2014]
7.
Law Enforcement Arrest Costs. The official
of the Municipal Court responsible for collecting Court costs and
fines may collect one hundred dollars ($100.00) taxed as court costs
associated with making an arrest for each court proceeding where a
defendant pleads guilty or is found guilty of a municipal ordinance
violation involving a alcohol or drug-related traffic offense that
includes any of the following: chemical testing, processing, charging,
booking and holding such person in custody. (RSMo. §488.5334)
8.
In addition to the other costs authorized in this Section, there
shall be assessed a State court automation surcharge pursuant to Section
476.056, RSMo., in all cases in which Court costs are taxed. Said
surcharge shall be collected by the Municipal Court and transmitted
monthly to the Missouri Director of Revenue to the credit of the Missouri
Statewide Automation Fund, as provided in Section 488.012.3(5), RSMo.,
and Section 488.027.2, RSMo., and in an amount mandated by said Statutes.
[Ord. No. 1059, 10-7-2021[1]]
[1]
Editor's Note: Section 2 of Ord. No. 1059 stated this ordinance
shall become effective upon implementation of the Show-Me Courts Statewide
case management automation system.
9.
In all cases for violation of an ordinance, a surcharge of two
dollars ($2.00) is to be collected by the Municipal Court and transmitted
monthly to the City of Buckner for the Inmate Security Fund as provided
in Section 488.5023, RSMo. Such surcharge shall also be assessed in
cases in which pleas of guilty are processed in the violations bureau.
No such surcharge shall be collected when the proceeding or defendant
has been dismissed by the Court, when costs are waived, or when costs
are paid by the State, County or municipality.
[Ord. No. 1059, 10-7-2021]
[R.O. 2003 §130.270; C.C. 1979 §72.270]
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.
[R.O. 2003 §130.280; C.C. 1979 §72.280; Ord. No. 787 §2, 12-19-2007]
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 the Judge may deem appropriate.
A.
A person
commits the offense of failure to appear in Municipal Court if:
1.
He/she has been issued a summons for a violation of any ordinance
of the City of Buckner and fails to appear before the Judge of the
Municipal Court at the time and on the date on which he/she was summoned,
or at the time or on the date to which the case was continued;
2.
He/she has been released upon recognition of bond and fails to appear
before the Judge of the Municipal Court at the time and on the date
on which he/she was summoned, or at the time or on the date to which
the case was continued;
3.
He/she has been placed on Court supervised probation and fails to
appear before the Judge of the Municipal Court at the time specified
by said Judge as a condition of the probation.
B.
Nothing
in this Section shall prevent the exercise of the Municipal Court
of its power to punish for contempt.
