[R.O. 2009 §15-16; Code 1969 §23-2]
The Municipal Judge shall be a resident of the City.
[1]
State Law References — Qualifications of municipal judge,
§§79.250, 479.020, RSMo.; authority to require the judge
to be a resident, §479.020(4), RSMo.
[R.O. 2009 §15-17; Code 1969 §23-1]
The Municipal Judge of the City shall be elected for the term
and in the manner provided by law.
[1]
State Law Reference — Selection of municipal judge,
§479.020, RSMo.
[R.O. 2009 §15-19; Code 1969 §23-26]
The Municipal Judge shall establish such rules of procedure
for the Municipal Court as he/she shall deem necessary to ensure justice
to all parties and witnesses appearing in the Court.
[R.O. 2009 §15-20; Code 1969 §1-11]
A.
The
Municipal Judge shall have the power, in his/her discretion, when
satisfied that any person against whom a fine has been assessed or
a jail sentence imposed by the Municipal Judge, will, if permitted
to go at large, not again violate the law, parole such person and
permit him/her to go at large upon such conditions and under such
restrictions as the Municipal Judge shall see fit to impose. The Municipal
Judge may at any time, without notice to such person, terminate such
parole by simply directing execution to issue on the judgment, or,
in case the person shall have been actually confined in the holding
facility, the parole may be terminated by directing the Chief of Police
or any Police Officers of the City to retake such person under the
commitment already in his/her hands. After a parole has been terminated
as above provided, the Municipal Judge may, in his/her discretion,
after the payment of all costs in the case, grant a second (2nd) parole,
but not more than two (2) paroles shall be granted the same person
under the same judgment of conviction. If a parole shall be terminated,
the time such person shall have been at large on parole shall not
be deducted from the time he/she will be required to serve; but the
full amount of the fine shall be collected or the full time in the
holding facility be served the same as if no parole had been granted.
B.
The
Municipal Judge shall also have the power to grant a stay of execution
or to remit all or any part of any fine assessed by him/her or any
jail sentence imposed by him/her against any person, when, in the
opinion of such Municipal Judge, the circumstances involved in the
particular case are such as justify the granting of such stays or
remittances; provided that the Municipal Judge shall exercise this
power only in those cases where it appears necessary to prevent the
imposition of undue hardship or injustices against the person before
the Court; and provided further, that in granting any such stays or
remittances the Municipal Judge may impose any reasonable conditions
or restrictions and if the person receiving such stay or remittance
shall fail to comply with such conditions or restrictions, the original
fine or jail sentence shall immediately be collected or imposed against
such person.
[R.O. 2009 §15-21; Ord. No. 3572 §1, 11-3-1997]
There shall be a second (2nd) Municipal Judge of the City's Municipal Court, to be known as the Provisional Judge, who shall be appointed to his/her position by the Mayor, subject to the confirmation of the Board of Aldermen, to serve at the pleasure of the Mayor and Board of Aldermen. The qualifications for the Provisional Judge shall be those of the Municipal Judge elected pursuant to Article II of Chapter 125.
[R.O. 2009 §15-22; Ord. No. 3572 §1, 11-3-1997]
Whenever an application for a change of Judge is sustained or
the Municipal Judge disqualifies himself/ herself or in the event
that for any reason the Municipal Judge is unable to attend or preside
at the sessions of the Municipal Court, he/she shall refer the case
to the Presiding Judge of the 21st Judicial Circuit and request the
appointment of the Provisional Judge to hear the case. The Provisional
Judge shall preside over such case or docket of cases to which the
Municipal Judge is thus unable to attend.
[R.O. 2009 §15-23; Ord. No. 3572 §1, 11-3-1997]
The Provisional Municipal Judge shall be subject to and have
the powers and duties affecting the elected Municipal Judge as provided
in this Code.
[R.O. 2009 §15-24; Ord. No. 3572 §1, 11-3-1997]
The compensation of the Provisional Judge shall be set by the
Board of Aldermen from time to time.
[R.O. 2009 §15-25; Ord. No. 3572 §1, 11-3-1997]
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, whether elected or appointed provisionally, and Court
personnel of said Court shall obey his/her directives.
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.
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.
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.
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 Court Judge. Whenever
a defendant accused of a violation of a municipal ordinance has a
right to and demands such trial by jury, the Municipal Court shall
certify the case to the Presiding Judge of the Circuit Court for reassignment.
It shall be the duty of an attorney designated by the City 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
number of cases tried, the number of guilty verdicts reached, or the
amount of fines imposed or collected.
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:
C.
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.
D.
The
Court may modify or enlarge the conditions of probation at any time
prior to the expiration or termination of the probation term.
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 Brentwood 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.
A.
Search Warrant Defined — Who May Issue, Execute.
1.
An administrative search warrant is a written order of the Municipal
Judge permitting the entry of City Officials on or into private property,
structure or improvement to enforce the City's housing, zoning, health
and safety regulations when government entry on or into such property
is otherwise authorized by Missouri law. A warrant may issue only
in conformance with this Section and only for the enforcement of the
City's housing, zoning, health and safety regulations, specifically:
2.
The Municipal Judge having original and exclusive jurisdiction to
determine violations against the ordinances of the municipality may
issue an administrative warrant when:
a.
The property to be entered is located within the City, and
3.
Any such warrant shall be directed to the Chief of Police or any
other Police Officer of the City and shall be executed by the Chief
of Police or said Police Officer in conjunction with the Code Enforcement
Officer or other appropriate City Official within the City limits
and not elsewhere.
B.
Who May Apply For Warrant — Contents Of Application.
1.
Any code enforcement officer, police officer or attorney of the City
may make application to the Municipal Judge for the issuance of an
administrative warrant.
2.
The application shall:
a.
Be in writing;
b.
State the time and date of the making of the application;
c.
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;
d.
State that the owner or occupant of the property or places to be
entered, searched, inspected or seized:
e.
State facts sufficient to show probable cause for the issuance of a search warrant as provided in Subsection (C) of this Section to:
(1)
Search or inspect for violations of an ordinance or Code Section
specified in the application; or
(2)
Show that entry or seizure is authorized and necessary to enforce
an ordinance or Code Section specified in the application and/or abate
an ordinance violation and that due process has been afforded prior
to the entry or seizure;
f.
Be verified by the oath or affirmation of the applicant; and
g.
Be signed by the applicant and filed in the Municipal Court.
3.
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.
4.
The application may be submitted by hand delivery, mail or facsimile
or other electronic means.
C.
Determination Of Probable Cause — Issuance — Contents
Of Warrant — Execution And Return.
1.
Determination of probable cause/issuance.
a.
The Municipal Judge shall determine whether probable cause exists
to inspect or search for the purposes noted herein.
b.
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, the passage of time since
the property's last inspection and the authority authorizing government
entry onto private property. The standard for issuing a warrant need
not be limited to actual knowledge of an existing violation of a City
ordinance or Code Section.
c.
If it appears from the application and any supporting affidavit that
there is probable cause to inspect or search the private property
for the enforcement of the City's housing, zoning, health and safety
regulations, a search warrant shall immediately be issued.
d.
The warrant shall issue in the form of an original and two (2) copies
and the application, any supporting affidavit and one (1) copy of
the warrant as issued shall be retained in the records of the Municipal
Court.
e.
A search warrant shall expire if it is not executed within ten (10)
days after the date of the making of the application.
2.
Contents of search warrant. The search warrant shall:
a.
Be in writing and in the name of the City;
b.
Be directed to any Police Officer in the City;
c.
State the time and date the warrant was issued;
d.
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;
e.
Identify the regulation sought to be enforced;
f.
Command that the described property or places be entered upon for
one (1) or more specified enforcement purposes as provided herein,
including inspection or abatement;
g.
Direct that any evidence of any suspected ordinance violations be
seized, recorded or photographed and a description of such property
be returned within ten (10) days after issuance of the warrant to
the Clerk of the Municipal Court to be dealt with according to law;
h.
Be signed by the Judge with his or her title of office indicated.
3.
Execution. A search warrant issued under this Section
shall be executed only by a City Police Officer, provided however,
that one (1) or more designated City Officials may accompany the officer
and the warrant shall be executed in the following manner:
a.
Copies of the warrant shall be given to the officer executing the
warrant. Copies may be transmitted by hand delivery, mail or by facsimile
or other electronic means.
b.
The warrant shall be executed by conducting the search, inspection,
entry, abatement or seizure as commanded and shall be executed as
soon as practicable and in a reasonable manner but in no less than
ten (10) days after issuance of the warrant.
c.
The officer may summon as many persons as he or she deems necessary
to assist him or her in executing the warrant and such persons shall
not be held liable as a result of any illegality of the search and
seizure.
d.
The officer shall give the owner or occupant of the property searched,
inspected or entered upon a copy of the warrant or shall leave a copy
of the warrant at the property if the owner or occupant is not available.
e.
In the event that a warrant authorizes abatement of a nuisance or
other conditions, the Police Officer is not required to stay on the
property during the entire length of time that it takes for the abatement
to be completed.
4.
Itemized receipt/disposition of seized property.
a.
If any property is seized incident to the search or abatement, 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 or abatement in a conspicuous place.
b.
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.
c.
The disposition of property seized pursuant to a 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.
5.
Return required after execution of search warrant.
a.
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.
b.
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.
c.
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.
d.
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.
D.
Warrant Invalid, When.
1.
A search warrant shall be deemed invalid:
a.
If it was not issued by the Municipal Judge;
b.
If it was issued without a written application having been filed
and verified;
c.
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) hereof;
d.
If it was not issued with respect to property or places in the City;
e.
If it does not describe the property or places to be searched, inspected,
entered upon or seized with sufficient certainty;
f.
If it is not signed by the Judge who issued it; or
g.
If it was not executed within ten (10) days after the date of the
issuance of the warrant.
2.
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 or
she would be justified in using if the warrant were valid.
