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City of Kahoka, MO
Clark County
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Table of Contents
Table of Contents
There is hereby established in the City of Kahoka a Municipal Court to be known as the "Kahoka Municipal Court, a Division of the 1st Judicial Circuit Court of the State of Missouri". In the event a Police Court existed prior to the establishment of a Municipal Court, this Court is a continuation of the Police Court of the City as previously established and is termed herein "the Municipal Court".
The City of Kahoka hereby elects to have all violations of its municipal ordinances heard and determined by an Associate Circuit Judge of the Circuit Court of Clark County, Missouri, the County in which the City of Kahoka is located.
The Division of the Circuit Court of Clark County, Missouri, which hears and determines violations of the ordinances of the City of Kahoka shall be known as the "Municipal Division of the Circuit Court of Clark County, Missouri".
The rules governing the procedure and practice in the Municipal Court shall be those established and promulgated by the Supreme Court of Missouri on July 1, 1959, and such subsequent rules as the Supreme Court shall from time to time establish and promulgate; and any provision in these ordinances which shall be in conflict with such rules is hereby repealed.
The Associate Circuit Judge may establish a Traffic Violations Bureau in the City of Kahoka, and shall establish such a Bureau when a request therefor is made by the Board of Aldermen of the City of Kahoka. 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 Kahoka, 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 Kahoka. The City shall provide suitable quarters for the Traffic Violations Bureau. The Traffic Violations Bureau shall accept pleas of guilty to 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.
The City shall employ a person to serve as Clerk of the Municipal Division of the Circuit Court of Clark County, Missouri, and shall fix and determine the salary. The Clerk may also serve as Clerk in the Traffic Violations Bureau. The Clerk shall enter into a bond payable to the State of Missouri and a bond payable to the City of Kahoka, with good and sufficient securities, in amounts to be determined by the Associate Circuit Judge. The cost of the bonds shall be paid by the City.
At such times as the Associate Circuit Judge is hearing and determining violations of the ordinances of the City of Kahoka, the Chief of Police or any member of the City Police Department shall serve as Bailiff to the Court.
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.
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 in misdemeanor cases.
The Supreme Court by administrative rule may provide for uniform procedure and reporting forms for the collection and transmittal of fines and costs. Until modified or otherwise provided by such administrative rule, 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 the 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/her during the preceding month if not previously paid to the City Treasurer.
All prosecutions for the violation 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 procedures in proceedings before Municipal Judges.
[Ord. No. 446A §§1 — 2, 3-10-2014]
A. 
The Judge of the Circuit Court of Clark County, Municipal Division when sentencing under the Municipal Code of the City of Kahoka, Missouri, Section 100.220, may consider suspending the imposition of sentence when the court deems appropriate and place the party who has pleaded guilty or been found guilty on Court-supervised probation.
B. 
If the Court suspends the imposition of sentence, the Court may also order that the person be put to work and perform labor on the public streets, highways and alleys or public works or buildings of the City, or work for any approved charitable not-for-profit organization. As a term of probation, the Court may also order a payment of a sum not to exceed five hundred dollars ($500.00) to be paid to the Law Enforcement Restitution Fund as established by the City of Kahoka. The Law Enforcement Restitution Fund shall be regulated by the Law Enforcement Restitution Fund Board which shall consist of the Board of Aldermen for the City of Kahoka.
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 Clark County. The warrants shall be executed by the Chief of Police, Police Officer or Sheriff at any place within the limits of Clark 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.
A. 
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 which 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.
B. 
Policeman Or Other Officer As Witness. In prosecutions before the Municipal Judge for misdemeanors arising under ordinances of the City, any Policeman or other executive officer shall be a competent witness in the case; but no such Policeman or executive officer shall be entitled to any witness fee in such case.
C. 
Arresting Officers To Attend As Witnesses Without Summons. Officers shall attend upon notice as witnesses against persons whom they have caused to be arrested, without being summoned to do so; and, upon their failure to appear at the time of the trial, may be attached and punished for contempt as witnesses summoned.
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/her presence, but such officer shall, before the trial, file a written complaint with the Associate Circuit Judge hearing violations of City ordinances.
The City Attorney 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 and his/her necessary expenses incurred in such prosecutions shall be paid by the City.
A. 
Service On City. Notices and process arising in the Municipal Court which are necessary to be served on the City shall be served on the City Prosecutor.
B. 
Affidavit By City. Whenever any affidavit shall become necessary to be made on the part of the City, the City Prosecutor shall cause the same to be made by some person to whom the facts are known.
A. 
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.
B. 
Whenever a defendant accused of a violation of a municipal ordinance has the right to a trial by jury and demands such trial by jury, the Municipal Judge shall certify the case to the Presiding Judge of the Circuit Court serving the City for assignment in the manner provided by State law. Proceedings in the case shall be had as if the case was originally commenced under the practice and procedure applicable before Circuit Judges with there being no right of trial de novo; but the sufficiency of plaintiff's petition shall be adjudged according to the procedures under Chapter 517, RSMo.
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/her attorney requests a trial by jury.
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.
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 employee of a County, City, person, 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.
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.
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 Kahoka 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.
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/she may deem appropriate.
B. 
When any person shall refuse or be unable to pay any fine and costs assessed against him/her, 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.
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.
When a fine is assessed for violation of an ordinance, it shall be within the discretion of the Judge assessing the fine to provide for the payment of the fine on an installment basis under such terms and conditions as he/she may deem appropriate.
A. 
In addition to any fine that may be imposed by the Municipal Judge in any case filed in the Kahoka Municipal Division of the 1st Judicial Circuit Court, and in addition to all other fees authorized or required by law, there shall be assessed as costs the following:
1. 
Costs of Court in the amount of fifteen dollars ($15.00).
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 (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:
a. 
Ninety-five percent (95%) of such fees shall be paid to the Director of Revenue of the State of Missouri for deposit as provided in Section 595.045.5, RSMo.
b. 
Five percent (5%) shall be paid to the City Treasury.
4. 
There may also be assessed a two dollar ($2.00) cost per case for each criminal case, including violation of any County or municipal ordinance for the purpose of providing operating expenses for shelters for battered persons as set out in Section 488.607, RSMo.
5. 
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.
6. 
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.
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 or commitment or order of this Court.
8. 
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 Subsection (9) hereof.
9. 
Reimbursement of certain costs of arrest.
a. 
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 Kahoka 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.
b. 
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.
c. 
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.
d. 
Upon receipt of such additional costs authorized by this Subsection, the City Treasurer shall retain such costs in a separate fund to be known as the "DWI/Drug Offense Cost Reimbursement Fund". Monies with such fund shall be appropriated by the Board of Aldermen to the Police Department in amounts equal to those costs so collected and shall be used by such department specifically to enhance and support the enforcement and prosecution of alcohol- and drug-related traffic laws within the City.