There is hereby established in the City of Dardenne Prairie
a Municipal Court to be known as the "Dardenne Prairie Municipal Court,
a Division of the 11th 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 jurisdiction of the Municipal Court shall extend to all
cases involving alleged violations of the ordinances of the City.
[Ord. No. 640 §2, 5-15-2003]
The Municipal Court shall be presided over by a Municipal Judge
who shall be a conservator of the peace and shall have original jurisdiction
to hear and determine all violations against the ordinances of the
City.
[Ord. No. 640 §3, 5-15-2003]
The Municipal Judge shall be appointed by the Mayor, with the
consent of the Board of Aldermen, and shall hold his/her office for
a term of not less than two (2) years, and shall be removed from office
pursuant to Section 79.240, RSMo. If for any reason the Municipal
Judge vacates office, his/her successor shall be appointed by the
Mayor with the consent of the Board of Aldermen.
[Ord. No. 640 §5, 5-15-2003]
Before entering upon the duties of office, the Municipal Judge
shall take the oath required of other City Officers.
A.
The
Municipal Judge shall vacate his/her office under the following conditions:
A.
The
Municipal Judge shall possess the following qualifications before
he/she shall take office:
1.
He/she must be a licensed attorney qualified to practice law within
the State of Missouri.
2.
He/she need not reside within the City.
3.
He/she must be a resident of the State of Missouri.
4.
He/she must be between the ages of twenty-one (21) and seventy-five
(75) years.
5.
He/she may serve as a Municipal Judge for any other municipality.
6.
He/she 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 other employment.
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.
[Ord. No. 1577 §1, 8-3-2011]
The Board of Aldermen may by ordinance or resolution appoint
one (1) or more Provisional Municipal Judges to serve in the event
of the disqualification or unavailability of the Municipal Judge.
A Provisional Municipal Judge shall have all the powers, duties and
restrictions of the Municipal Judge and shall possess the same qualifications
as the Municipal Judge. A Provisional Municipal Judge shall serve
a term of two (2) years and shall receive such compensation as may
be determined by the Board of Aldermen from time to time.
The Municipal Judge shall cause the Court Clerk to prepare,
within the first ten (10) days of every month, a report indicating
the following:
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 an application for trial
de novo, respectively. The Court Clerk or the Judge shall verify such
lists and statements by affidavit and shall file the same with the
City Clerk who shall lay the same before the Board of Aldermen of
the City for examination at its first (1st) session thereafter. The
Municipal Court shall, within the ten (10) days after the first (1st)
of the month, pay to the Municipal Treasurer the full amount of all
fines collected during the preceding month, if not previously paid
to the Municipal Treasurer.
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 St. Charles County. The Municipal
Judge shall deliver said docket, records and all books and papers
pertaining to his/her office to his/her successor in office or to
the Presiding Judge of the Circuit.
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.
The Municipal Judge for the City of Dardenne Prairie shall be
paid a sum as fixed by ordinance from time to time.
All prosecutions for the violation of municipal ordinances shall
be instituted by information and may be based upon a complaint. Proceedings
shall be in accordance with the Supreme Court rules governing practice
and procedure in proceedings before Municipal Judges.
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.
[Ord. No. 1445 §1, 11-4-2009; Ord.
No. 2013, 3-4-2020]
A.
Administrative
Warrant Defined — Who May Issue, Execute.
1.
An administrative warrant is a written order of the Municipal Judge
permitting the entry of City Officials on or into private property
to enforce the City's building, zoning, health, and safety regulations
when government entry on or into such private 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 building,
zoning, health, and safety regulations, specifically:
a.
To abate such physical conditions on private property constituting
a public nuisance or otherwise in violation of a specified regulation
as provided herein;
b.
To inspect private property to determine or prove the existence of
physical conditions in violation of such a specified regulation; and
c.
To seize, photograph, copy, or record evidence of the violation of
such a specified regulation.
2.
The Municipal Judge having original and exclusive jurisdiction to
determine violations against the ordinances of the municipality may
issue an administrative warrant when:
3.
Any such warrant shall be directed to any Police Officer and shall
be executed by said Police Officer in conjunction with the appropriate
Code Enforcement Officer or other appropriate 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 to be entered, 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:
(1)
Has been requested by the City to allow such action and has
refused to allow such action, or
(2)
Is not available, after reasonable investigation and effort,
to consent to such entry or inspection, and in such case the application
shall include details of the City's investigation and effort to request
such consent;
e.
State facts sufficient to show probable cause for the issuance of
a warrant to enter the private property, including the specification
of the building, zoning, health, or safety regulation sought to be
enforced;
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 warrant and
in filling out any deficiencies in the description of the property
or place to be entered. Oral testimony shall not be considered. The
application may be submitted by facsimile or other electronic means.
C.
Hearing
And Procedure — Contents Of Warrant — Execution And Return.
1.
Hearing And Procedure.
a.
The Municipal Judge shall determine whether probable cause exists
to enter the private property 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 known or suspected violation of
any relevant City ordinance or Code Section, the passage of time since
the property's last inspection, and the law, Statute, or ordinance
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 enter the private property for the enforcement
of the City's building, zoning, health, and safety regulations, a
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.
2.
Contents Of Warrant. The warrant shall:
a.
Be in writing and in the name of the City;
b.
Be directed to any Police Officer;
c.
State the time and date the warrant was issued;
d.
Identify the property to be entered in sufficient detail and particularity
that the officer executing the warrant can readily ascertain it;
e.
Command that the described property be entered for one (1) or more
specified enforcement purposes as provided herein, identify the regulation
sought to be enforced, and direct that any evidence of any suspected
property violations be seized, recorded or photographed, and a description
of such property be returned, within ten (10) days after filing of
the application, to the Clerk of the Municipal Court, to be dealt
with according to law; and
f.
Be signed by the Judge, with his/her title of office indicated.
3.
Execution And Return.
a.
A warrant issued under this Section shall be executed only by a Police
Officer, provided, however, that one (1) or more designated City Officials
shall accompany any such officer, and the warrant shall be executed
in the following manner:
(1)
The warrant may be issued by facsimile or other electronic means.
(2)
The warrant shall be executed by conducting the private property
entry as commanded and shall be executed as soon as practicable and
in a reasonable manner.
(3)
The officer shall give the owner or occupant of the property
entered a copy of the warrant.
(4)
If any property is seized incident to the entry, 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, or if no such person is ascertainable, the officer
shall leave the receipt at the site of the entry in a conspicuous
place:
(a)
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 execution of the warrant.
(b)
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., as amended.
(5)
The officer may summon as many persons as he/she deems necessary
to assist him/her in executing the warrant.
(6)
An officer executing an invalid warrant, the invalidity of which
is not apparent on its face, may use such force as he/she would be
justified in using if the warrant were valid.
(7)
A warrant shall expire if it is not executed and the required
return made within ten (10) days after the date of the making of the
application.
b.
After execution of the warrant, the warrant, with a return thereon
signed by the officer executing the warrant, shall be delivered to
the Municipal Court in the following manner:
(1)
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 entered.
(2)
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.
c.
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
entered or seized.
D.
Warrant
Invalid, When. A warrant shall be deemed invalid:
1.
If it was not issued by the Municipal Judge;
2.
If it was issued without a written application having been filed
and verified;
3.
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)(3)(a)(2) hereof;
4.
If it was not issued with respect to property in the City;
5.
If it does not describe the property or places to be entered, inspected,
or seized with sufficient certainty;
6.
If it is not signed by the Judge who issued it; or
7.
If it was not executed and the required return made within ten (10)
days after the date of the making of the application.
[Ord. No. 2013, 3-4-2020]
All warrants issued by a Municipal Judge shall be directed to
a Police Officer. The warrant shall be executed by a Police Officer
at any place within the limits of the City and not elsewhere, unless
the warrant is endorsed in the manner provided for warrants in criminal
cases and, when so endorsed, shall be served in other Cities or Counties
as provided for in warrants in criminal cases.
[Ord. No. 2013, 3-4-2020]
Any Police Officer may, without a warrant, make an 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.
[Ord. No. 640 §11, 5-15-2003; Ord.
No. 2013, 3-4-2020]
Warrants shall be executed by arresting the person therein named
and bringing him/her before the Municipal Judge if the arrest is made
while the Court is in session or, if the Court is not then sitting,
by taking and holding the person in custody until the next session
of the Court, unless bail is given as provided in this Chapter. Upon
the return of the warrant by the officer executing it, the Municipal
Judge shall be fully possessed of the case and shall forthwith proceed
to hear and determine the same, unless for good cause the trial is
postponed to a time certain, and shall issue subpoenas or attachments
for witnesses to compel their attendance.
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.
[Ord. No. 640 §16, 5-15-2003]
In any trial for the violation of a municipal ordinance, 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.
[Ord. No. 640 §17, 5-15-2003]
A.
When
a case is first called for trial, if either party applies for a continuance
owing to the absence of material witness, the Municipal Judge shall
continue the case for one (1) week and may continue it for a longer
time, not exceeding thirty (30) days, if he/she is satisfied that
the continuance is in the interests of justice.
B.
If,
at the calling of the case on the day to which it has been continued,
a further continuance is asked, the party applying therefor may be
required to file an affidavit setting forth the grounds upon which
such continuance is sought, and if it is the absence of witnesses,
he/she shall state therein the materiality of such witnesses, their
names and residences, what he/she expects to prove by them, what means
have been used to procure their attendance, and what reasons he/she
has to believe that they will be present at the trial of the case
if it is continued, and if in its judgment sufficient cause is shown,
the Court shall grant a further continuance not exceeding thirty (30)
days. Before any continuance is granted, however, the defendant shall
be required to enter into recognizance as required by this Chapter,
unless waived by the Court.
C.
All
applications for continuances shall be made in open Court at any setting
of the case, and at no other time unless by leave of Court; and all
motions for dismissal on account of informality or illegality in the
papers or proceedings, and all other motions not necessarily arising
during the trial, and all pleas except "guilty" or "not guilty" shall
be made and filed in writing and argued when the case is called for
trial and at no other time.
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.
[Ord. No. 640 §13, 5-15-2003]
When an affidavit on the part of the City is required in any
cause which has originated in the Municipal Court, it shall be made
by the City Prosecuting Attorney or, in case of his/her inability,
by any person to whom the facts are known.
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 Court 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.
If, in the progress of any trial before the 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 Court
Judge of the County.
[Ord. No. 2013, 3-4-2020]
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 St. Charles County Jail, and it shall be the duty of the St. Charles County Department of Corrections, 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 by law to the St. Charles County Department of Corrections for the keeping of other prisoners in its custody. The same shall be taxed as a cost under Section 125.330.
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.
In any case tried before the Municipal Judge, 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
Court Judge or upon assignment before an Associate Circuit Court 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.
[Ord. No. 640 §22, 5-15-2003]
Any defendant wishing to appeal from the judgment of the Municipal
Court and who is not ready to enter into a bond may deposit with the
Court Clerk the amount of the fine and costs imposed which shall be
received by the Court Clerk as collateral security for such fine and
costs until an appeal is perfected, when it shall be returned to defendant;
but if such appeal is not perfected within ten (10) days, the collateral
shall be applied to satisfy the fine and costs imposed upon him/her.
In any case tried with a jury before an Associate Circuit Judge,
a record of the proceedings shall be made, and appeals may be had
upon that record to the appropriate Appellate Court.
In the case of a breach of any recognizance entered into before
a Municipal Judge or an Associate Circuit Court 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 Court
Judge or Associate Circuit Court 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 Municipal Treasury
to the General Revenue Fund of the municipality.
A Municipal Judge shall be disqualified to hear any case in
which he/she is in any way 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.
A.
If a Municipal Judge be absent, sick or disqualified from acting, the Mayor of the Board of Aldermen may request the Presiding Judge of the Circuit Court to designate a special Municipal Judge as provided in Subsection (B) of this Section or the Mayor may designate some competent, eligible person to act as Municipal Judge until such absence or disqualification shall cease.
B.
The
Presiding Judge of the Circuit Court may appoint any other Municipal
Judge within the Circuit to act as a special Municipal Judge for a
Municipal Judge of the Circuit who is absent, sick or disqualified
from acting. The Presiding Judge shall act only upon request of the
Mayor of the Board of Aldermen for a special Municipal Judge.
C.
The
Governing Body of the municipality shall provide by ordinance for
the compensation of any person designated to act as Municipal Judge
under the provisions of this Section.
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 Dardenne Prairie 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.
C.
Upon the Municipal Prosecuting Attorney filing a complaint with the
Court alleging a violation of this Section, the Municipal Court, or
a Clerk thereof, shall issue a violation notice to the person named
in the complaint on a uniform citation by mailing said violation notice
to the person's last known address by first class mail.
[Ord. No. 1725 §1, 4-16-2014]
