[Ord. No. 890 §1, 12-19-1978]
The City of Albany, Missouri, a City of the Fourth Class hereby
elects to have all violations of its municipal ordinances heard and
determined by an Associate Circuit Judge of the Circuit Court of Gentry
County, Missouri, the County in which the City of Albany is located.
[Ord. No. 890 §2, 12-19-1978]
The Division of the Circuit Court of Gentry County, Missouri,
which hears and determines violations of the ordinances of the City
of Albany shall be known as the "Municipal Division of the Circuit
Court of Gentry County, Missouri".
[Ord. No. 890 §3, 12-19-1978]
A.
The
Associate Circuit Judge, may establish a Traffic Violations Bureau
in the City of Albany, and shall establish such a Bureau when a request
therefor is made by the Board of Aldermen of the City of Albany. The
Traffic Violations Bureau shall operate under the supervision of the
Circuit Court and the Associate Circuit Judge hearing and determining
violations of the ordinances of the City of Albany, and shall be operated
in accordance with the rules of the Supreme Court and the rules of
the Circuit Court. All expenses incident to the operation of the Traffic
Violations Bureau, including salaries of clerical personnel, shall
be paid by the City of Albany. The City shall provide suitable quarters
for the Traffic Violations Bureau. The Traffic Violations Bureau shall
accept pleas of guilty of certain violations of traffic ordinances
designated by the Associate Circuit Judge and shall accept payments
of fines established by the Associate Circuit Judge and court costs
assessed on said pleas of guilty. Court costs shall be assessed in
amounts established by State Statutes and by the Associate Circuit
Judge.
B.
All
fines and costs received by the Traffic Violations Bureau shall be
paid into the Treasury of the City at least once each month.
C.
In
the case of overtime parking violations or other non-moving traffic
violations, no court costs, either special or regular, shall be assessed.
A.
The
Board of Aldermen of the City of Albany does hereby authorize the
Associate Circuit Court of Gentry County, Missouri, to act as Clerk
of the Municipal Division of the Circuit Court of Gentry County, Missouri.
B.
All
currently pending municipal cases shall be transferred from the current
Clerk of the Municipal Division of the Circuit Court of Gentry County,
Missouri, to the Associate Circuit Court of Gentry County, Missouri,
and all new cases from and after the effective date of this Section
(3-1-2017) shall be filed with the Associate Circuit Court of Gentry
County, Missouri, which office shall act and fulfill the duties of
Clerk of the Municipal Division of the Circuit Court of Gentry County,
Missouri.
[1]
Editor's Note: The title of this Section was also changed
from "Clerk – Municipal Division – Traffic Violations
Bureau" to "Clerk – Municipal Division."
[Ord. No. 890 §5, 12-19-1978]
At such times as the Associate Circuit Judge is hearing and
determining violations of the ordinances of the City of Albany, the
Chief of Police or any member of the City Police Department shall
serve as Bailiff to the Court.
[Ord. No. 890 §6, 12-19-1978]
The Associate Circuit Judge may hear and determine violations
of the ordinances of the City in a courtroom provided by the County
or, at the request of the Associate Circuit Judge, the City shall
provide a suitable courtroom in which to hold court.
[Ord. No. 890 §7, 12-19-1978]
A.
In
cases of violations of ordinances of the City submitted to, heard
and determined by an Associate Circuit Judge, court costs shall be
assessed in amounts established by State Statutes and by the Associate
Circuit Judge. In the event a defendant pleads guilty or is found
guilty, the Judge shall assess the court costs aforesaid against the
defendant except in those cases where the defendant is found by the
Judge to be indigent and unable to pay the costs. In the event a defendant
is acquitted or the case is dismissed, the Judge shall not assess
costs, service costs, witness fees and jail costs that may otherwise
be authorized to be assessed, but are in lieu of other court costs.
Such costs shall be collected by the Clerk of the Municipal Division
of the Circuit Court or as provided by court rule. All court costs
shall be remitted to the proper agencies as set out in State Statutes
and determined by the Associate Circuit Judge.
B.
When
there is an application for trial de novo there shall be an additional
fee of thirty dollars ($30.00) which shall be assessed as court costs.
[Ord. No. 890 §8, 12-19-1978]
In cases of violations of ordinances of the City submitted to, heard and determined before an Associate Circuit Judge, all fines shall be paid to and deposited at least monthly into the City Treasury and all court costs shall be accounted for and remitted to the State Treasury in the same manner as provided by law for costs. All fines and costs paid through the Traffic Violations Bureau shall be paid into the City Treasury as provided in Section 145.030.
[Ord. No. 95-03 §§1 —
2, 1-17-1995]
A.
The
official responsible for collecting court costs and fines may assess
as court costs up to three dollars ($3.00) for each violation of the
general criminal laws of the State, including infractions, or violations
of the ordinances of the City of Albany, Missouri, provided that no
such fee shall be collected for non-moving traffic violations, and
no such fee shall be collected for violations of fish and game regulations,
and no such fee shall be collected in any proceedings in any court
when the proceeding or defendant has been dismissed by the court.
B.
Two
dollars ($2.00) of such fees collected shall be transmitted monthly
to the Treasurer of the City of Albany, Missouri, to be used locally
for training Law Enforcement Officers. One dollar ($1.00) of such
fees collected shall be deposited into the Peace Officer Standards
and Training Commission Fund, to be used statewide for training Law
Enforcement Officers. The check should be payable to the "Treasurer,
State of Missouri". Address and mail check on or before the fifteenth
(15th) of each month to: Budget Director, Department of Public Safety,
P.O. Box 749, Jefferson City, Missouri 65102.
[Ord. No. 890 §9, 12-19-1978]
The Supreme Court by administrative rule may provide uniform
procedure, and reporting forms for the collection and transmittal
of fines and costs. Until modified or otherwise provided by such administrative
rules, the Associate Circuit Judge hearing and determining violations
of City ordinances, shall cause the clerk of the Municipal Division,
within the first ten (10) days of every month, to make out a list
of all cases heard or tried before the Judge during the preceding
month, giving in each case the name of the defendant, the fine imposed,
if any, the amount of costs, the names of defendants committed and
the cases in which there was application for trial de novo, respectively.
Such Clerk or the Judge shall verify such lists and statements by
affidavit, and file the same forthwith with the Clerk of the City,
who shall present the same before the Board of Aldermen at its first
(1st) session thereafter. The official collecting fines, shall, within
the ten (10) days aforesaid, pay to the City Treasurer the full amount
of all fines collected by him during the preceding month if not previously
paid to the City Treasury.
[Ord. No. 890 §10, 12-19-1978]
All prosecutions for the violations of City ordinances shall
be instituted by information and may be based upon a complaint. Proceedings
shall be in accordance with the Supreme Court Rule governing practices
and procedure in proceedings before Municipal Judges.
[Ord. No. 890 §11, 12-19-1978]
All warrants issued by an Associate Circuit Judge hearing violations
of City ordinances, shall be directed to the Chief of Police, or any
other Police Officer of the City, or to the Sheriff of Gentry County.
The warrants shall be executed by the Chief of Police, Police Officer
or Sheriff at any place within the limits of Gentry 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. 890 §12, 12-19-1978]
The Chief of Police or other Police Officer of the City shall,
without a warrant, make arrests of any person who commits an offense
in his presence, but such Officer shall, before the trial, file a
written complaint with the Associate Circuit Judge hearing violations
of City ordinances.
[Ord. No. 890 §13, 12-19-1978]
The City Attorney or City Counselor is hereby designated by
the City to prosecute the violations of the ordinances of the City
before the Associate Circuit Judge hearing the violations of the ordinances
of the City. The salary or fees of the Attorney or Counselor and his
necessary expenses incurred in such prosecutions shall be paid by
the City.
[Ord. No. 890 §14, 12-19-1978]
Any person charged with the violation of an ordinance of the
City shall be entitled to a trial by jury, as in prosecutions for
misdemeanors before an Associate Circuit Judge.
[Ord. No. 890 §15, 12-19-1978]
In any trial for the violation of an ordinance of the City,
all issues of fact shall be tried by the Judge except where trial
by jury is authorized by law and the defendant or his attorney requests
a trial by jury.
[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 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.
[Ord. No. 890 §17, 12-19-1978]
In any case tried 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. 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. The record shall be kept in a manner provided by State law
or Supreme Court rule.
[Ord. No. 890 §18, 12-19-1978]
In case of a breach of any recognizance entered into before
an Associate Circuit Judge hearing violations of the ordinances of
the City, 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 of Albany, as plaintiff. Such action
shall be prosecuted before a Circuit Judge or Associate Circuit Judge.
All monies recovered in such action shall be paid over to the City
Treasury to the General Revenue Fund of the City.
[Ord. No. 890 §19, 12-19-1978; Ord. No. 87-4 §§2-4, 2-3-1987]
A.
When
a fine is assessed for violation of an ordinance, it shall be within
the discretion of the Associate Circuit Judge to provide for the payment
of the fine on an installment basis under such terms and conditions
as he may deem appropriate.
B.
When
any person shall be unable to pay any fine and costs assessed against
him, the Associate Circuit Judge shall have power to commute such
fine and costs to imprisonment in the City Jail, which shall be credited
up to a rate of ten dollars ($10.00) of such fine and costs for each
day's imprisonment, the specific rate to be within the discretion
of the Associate Circuit Judge.
C.
Upon
default by the defendant of any required installments, the entire
balance of the fine shall immediately be due and payable by the defendant.
D.
The
court, upon receipt of a report of such default from the City Treasurer
or other designated official, shall set a date and place of hearing
with proper notice to the defendant ordering the defendant to appear
and show cause why he should not be imprisoned until the fine is satisfied
in full. Such notice shall be made either by personal service or by
registered mail to the defendant at the last known address, at least
five (5) days prior to the date set for the hearing.
E.
After
hearing thereon, if the evidence warrants, the court shall sentence
the defendant to an imprisonment in the County Jail or other place
of legal incarceration for a term not to exceed ninety (90) days on
any one (1) offense until the fine is fully paid.
[Ord. No. 890 §20, 12-19-1978]
In the trial of violations of the ordinances of the City, a
copy of a City ordinance which is certified by the Clerk of the City
shall constitute prima facie evidence of such ordinance. If such certified
copy is on file with the Clerk of the Municipal Division and readily
available for inspection by the parties, the Judge may take judicial
notice of such ordinance without further proof.
