City of Kennett, MO
Dunklin County
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Table of Contents
Table of Contents
[Ord. No. 1758 §1, 12-19-1978]
There is hereby established in this City a Municipal Court, to be known as the "Kennett Municipal Court, a Division of the 35th 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".
[Ord. No. 1758 §1, 12-19-1978]
The jurisdiction of the Municipal Court shall extend to all cases involving alleged violations of this Code and of any other ordinances of the City.
[Ord. No. 1758 §1, 12-19-1978]
The Judge of the City's Municipal Court shall be known as a Municipal Judge of the 35th Judicial Circuit Court, and shall be selected as follows:
He/she shall be appointed to his/her position by the Mayor, subject to the confirmation of the City Council, for a term as specified herein.
[Ord. No. 1758 §1, 12-19-1978]
The Municipal Judge shall hold his/her office for a period of two (2) years and shall take office bi-annually from the first (1st) Tuesday in April of April, 1979, and every two (2) years thereafter. If for any reason a Municipal Judge vacates his/her office, his/her successor shall complete that term of office, even if the same be for less than two (2) years.
[Ord. No. 1758 §1, 12-19-1978]
A. 
The Municipal Judge shall vacate his/her office under the following circumstances:
1. 
Upon removal from office by the State Commission on the Retirement, Removal and Discipline of Judges, as provided in Missouri Supreme Court Rule 12, or
2. 
Upon attaining his/her seventieth (70th) birthday, or
3. 
If he/she should lose his/her license to practice law within the State of Missouri.
[Ord. No. 1758 §1, 12-19-1978]
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 (70) years.
5. 
He/she may serve as 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, within the requirements of the Code of Judicial Conduct, Missouri Supreme Court Rule 2, other employment.
[Ord. No. 1758 §1, 12-19-1978]
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.
[Ord. No. 1758 §1, 12-19-1978]
The Municipal Judge shall cause to be prepared within the first ten (10) days of every month a report indicating the following:
A list of all cases heard and tried before the Court 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 the defendants committed and the cases where there was an application for trial de novo, respectively. The same shall be prepared under oath by the Municipal Court Clerk or the Municipal Judge. This report will be filed with the City Clerk, who shall thereafter forward the same to the City Council of the City for examination at its first (1st) session thereafter. The Municipal Court shall, within 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 they have not previously been paid.
[Ord. No. 1758 §1, 12-19-1978]
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 Dunklin County. The Municipal Judge shall deliver the docket and records of the Municipal Court, and all books and papers pertaining to his/her office, to his/her successor in office or to the Presiding Judge of the Circuit Court.
[Ord. No. 1758 §1, 12-19-1978]
A. 
The Municipal Judge shall be and is hereby authorized to:
1. 
Establish a Traffic 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. 
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.
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.
[Ord. No. 1758 §1, 12-19-1978]
Should the Municipal Judge determine that there shall be a Traffic Violations Bureau, the City shall provide all expenses incident to the operation of the same. The Police Clerk-Dispatcher is hereby designated as the Traffic Violations Clerk for said Bureau, if established.
[Ord. No. 1758 §1, 12-19-1978]
All warrants issued by a Municipal Judge shall be directed to the City Marshal, Chief of Police, or any other Police Officer of the Municipality or to the Sheriff of the County. The warrant shall be executed by the Marshal, 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.
[Ord. No. 1758 §1, 12-19-1978]
The City Marshal, Chief of Police, or other Police Officer of the City may, without a warrant, make 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. 1758 §1, 12-19-1978]
Any person charged with 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.
[Ord. No. 1758 §1, 12-19-1978]
It shall be the duty of the City Attorney 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 prosecution shall be paid by the City. The compensation of such attorney shall not be contingent upon the result in any case.
[Ord. No. 2277 §1, 2-18-1992]
The Municipal Judge of the City of Kennett is hereby authorized to appoint a Special City Attorney to prosecute City ordinance violations at such times as conflicts may occur or justice requires the appointment of a Special City Attorney. Such Special City Attorney shall only perform duties and have authority in those certain cases as designated by the Municipal Judge.
[Ord. No. 1758 §1, 12-19-1978]
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/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.
[Ord. No. 1758 §1, 12-19-1978]
If, in the progress of any trial before a 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 Judge within the County.
[Ord. No. 1758 §1, 12-19-1978]
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 County Jail, and it shall be the duty of the Sheriff, 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 to such Sheriff for the keeping of such prisoner in his/her custody. The same shall be taxed as cost.
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.
3. 
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.
4. 
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 a Municipal Judge who is licensed to practice law in this State or 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.
[Ord. No. 1758 §1, 12-19-1978]
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.
[Ord. No. 1758 §1, 12-19-1978]
In the 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 Municipality 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 Municipal Treasury to the General Revenue Fund of the Municipality.
[Ord. No. 1758 §1, 12-19-1978]
A Municipal Judge shall be disqualified to hear any case in which he/she is in 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.
A. 
If a Municipal Judge be absent, sick or disqualified from acting, the Mayor may request the Presiding Judge of the Circuit Court to designate a special Municipal Judge as provided in Subsection 2 of Section 479.230, RSMo., or the Mayor may designate some competent, eligible person to act as Municipal Judge until such absence or disqualification shall cease. Provided, however, that should a vacancy occur in the office of an elected Municipal Judge more than six (6) months before a general municipal election, then a special election shall be held to fill such vacancy; and in case of vacancy in the office of an elected municipal judge within less than six (6) months of a general municipal election, the office may be filled by a competent, eligible person designated by the Mayor or as provided in Subsection (2) of Section 479.230, RSMo.
B. 
The City Council of the City shall provide by ordinance for the compensation of any person designated to act as Municipal Judge under the provisions of this Section.
[Ord. No. 1758 §1, 12-19-1978]
A. 
The duties of said Clerk shall be as follows:
1. 
To collect such fines for violations of such offenses as may be described, and the Court costs thereof.
2. 
To take oaths and affirmations.
3. 
To accept signed complaints, and allow the same to be signed and sworn to or affirmed before him/her.
4. 
Sign and issue subpoenas requiring the attendance of witnesses and sign and issue subpoenas duces tecum.
5. 
Accept the appearance, waiver of trial and plea of guilty and payment of fine and costs in Traffic Violation Bureau cases or as directed by the Municipal Judge generally act as Violations Clerk of the Traffic Violations Bureau.
6. 
Perform all other duties as provided for by ordinance, by rules of Practice and Procedure adopted by the Municipal Judge and by the Missouri Rules of Practice in Municipal and Traffic Courts and by Statute.
[Ord. No. 1751 §2, 8-15-1978; Ord. No. 1758 §1, 12-19-1978; Ord. No. 2498 §§1 — 2, 12-17-1996; Ord. No. 2811 §1, 5-20-2008]
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:
1. 
Costs of Court in the amount of twelve dollars ($12.00).
2. 
Peace officer training.
a. 
In addition to any fine or other costs that may be imposed by the Municipal Judge, there shall be assessed as costs in all cases, except those for non-moving traffic violations, the sum of two dollars ($2.00) for the training of Peace Officers. This fee shall be transmitted monthly to the Treasurer of the City.
b. 
An additional one dollar ($1.00) shall be assessed as costs in all cases, except those for non-moving traffic violations. This fee shall be deposited with the Treasurer of the State in the Peace Officer Standards and Training Commission Fund, to be used statewide for training of Peace Officers.
3. 
Crime Victims Compensation Fund, five dollars ($5.00).
4. 
Other costs, such as for the issuance of a warrant, a commitment, or a summons, as provided before Associate Circuit Judges in criminal prosecutions.
5. 
Actual costs assessed against the City by the County Sheriff for apprehension or confinement in the County Jail.
6. 
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.
7. 
State Court Automation Fund, seven dollars ($7.00).
[Ord. No. 1758 §1, 12-19-1978]
The costs of any action may be assessed against the prosecuting witness and judgment be rendered against him/her that he/she 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 from malicious motives.
[Ord. No. 2302 §§1 — 5, 10-6-1992]
A. 
Upon a plea of guilty, finding of guilt or conviction for violation of the provisions of Chapter 342 of this Code or any other ordinance involving alcohol or drug-related traffic offenses (alcohol- or drug-related offenses), the Court may, in addition to imposition of any penalties provided by law, order the person to reimburse law enforcement authorities for the costs associated with such arrest.
B. 
Such costs shall include the reasonable cost of making the arrest, including the cost of any chemical tests to determine the alcohol or drug content of the person's blood, and the cost of processing, charging, booking and holding such person in custody.
C. 
The Kennett Police Department may establish a schedule of such costs for submission to the Court; however, the Court may order the costs reduced if it determines that the schedule of costs is excessive given the circumstances of the case or for good cause shown.
D. 
These fees shall be calculated as additional costs by the Municipal Court and shall be collected by the Court in the same manner as other costs and fees are collected and remitted to the City Treasurer.
E. 
The fees collected pursuant to this Section shall be retained in a separate fund known as the "DWI/Drug Enforcement Fund". Monies within the DWI/Drug Enforcement Fund shall be appropriated by the City Council to law enforcement authorities from such fund in amounts equal to those costs so incurred and shall be specifically used to enhance and support the enforcement and prosecution of alcohol- and drug-related traffic laws within the City.
[Ord. No. 1758 §1, 12-19-1978]
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 he/she may deem appropriate.