[Ord. No. 840 §110.010, 11-7-1995]
There is hereby established in this City a Municipal Court,
to be known as the "Rock Port Municipal Court, a Division of the Fourth
Judicial Circuit Court of the State of Missouri" (herein "Municipal
Court").
[Ord. No. 840 §110.020, 11-7-1995]
The jurisdiction of the Municipal Court shall extend to all
cases involving alleged violations of the ordinances of the City.
[Ord. No. 840 §110.030, 11-7-1995]
The Missouri Uniform Traffic Ticket, as adopted by the Supreme
Court of Missouri for Municipal and Traffic Courts, is hereby adopted
for use in the Municipal Court of the City.
[Ord. No. 840 §110.040, 11-7-1995]
The Judge of the City's Municipal Court shall be known as a
Municipal Judge of the 4th Judicial Circuit and shall be appointed
to his position by the Board of Aldermen, for a term as specified
herein.
[Ord. No. 840 §110.050, 11-7-1995]
The Municipal Judge shall hold his office for a period of not
less than two (2) years and shall take office bi-annually. If for
any reason a Municipal Judge vacates his office, his successor shall
complete the term of office, even if the same be for less than two
(2) years.
[Ord. No. 840 §110.060, 11-7-1995]
A.
The
Municipal Judge shall vacate his 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 seventy-fifth (75th) birthday; or
3.
If he is licensed to practice law in the State of Missouri, then
if he should lose his license to practice law within the State of
Missouri; or
4.
The Municipal Judge may be removed from office upon the appropriate
action of the Board of Aldermen, for causes related to conviction
of a felony or malfeasance.
[Ord. No. 840 §110.070, 11-7-1995]
A.
The
Municipal Judge shall possess the following qualifications before
he shall take office:
1.
He must be a resident of the State of Missouri.
2.
He must be between the ages of twenty-one (21) and seventy-five (75)
years.
3.
He may serve as Municipal Judge for any other municipality.
4.
He must not hold any other office within the City Government.
5.
He must be licensed to practice law within the State of Missouri.
6.
The Municipal Judge shall be considered to be 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. 1168 § 2, 7-20-2016]
In the absence, illness or disqualification in any way of the Municipal Judge, a Provisional Judge may be appointed by the Mayor, subject to the confirmation of the Board of Aldermen. The Provisional Judge shall hear and determine cases in the absence of the Municipal Judge until such time as the Mayor and Board of Aldermen decide otherwise. The responsibilities of the Provisional Judge will be as defined in Chapter 110.
[Ord. No. 1168 § 2, 7-20-2016]
A Provisional Judge shall have all the qualifications required for a Municipal Judge as set forth in Section 110.070.
[Ord. No. 1168 § 2, 7-20-2016]
For any session of the Rock Port Municipal Division of the 4th
Judicial Circuit at which he/she presides, a Provisional Judge shall
be paid at the rate approved by the Board of Aldermen.
[Ord. No. 840 §110.080, 11-7-1995]
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 directives.
[Ord. No. 840 §110.090, 11-7-1995]
The Municipal Judge shall cause the Municipal Court Clerk to
prepare within the first ten (10) days of every month 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 cost, the names of the defendants committed and
in the cases where there was an application for trial de novo, respectively.
The same shall be prepared under oath by the Municipal Court Clerk
of the Municipal Judge. This report will be filed with the City Clerk
who shall thereafter forward the same to the Board of Aldermen. The
Municipal Court shall, within the ten (10) days after the first (1st)
day of the month, pay to the City Treasurer the full amount of all
fines collected during the preceding month, if they have not previously
been paid.
[Ord. No. 840 §110.100, 11-7-1995]
A.
The
Municipal Judge shall be a conservator of the peace. He shall keep
a docket in which he shall enter every case commenced before him and
the proceedings therein, and he shall keep such other records as may
be required. Such docket and records shall be records of the Circuit
Court of Atchison County. The Municipal Judge shall deliver the docket
and the records of the Municipal Court, and all books and papers pertaining
to his office, to his successor in office or to the Presiding Judge
of the Circuit Court. In addition, the Municipal Judge shall have
the following powers and duties:
1.
To 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.
To administer oaths and enforce due obedience to all orders, rules
and judgements made by him, and may fine and imprison for contempt
committed before him while holding Court, in the same manner and to
the same extent as a Circuit Judge.
3.
To 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.
[Ord. No. 840 §110.110, 11-7-1995]
The Missouri Rules of Civil Procedure and Practice promulgated
by the State Supreme Court for Ordinance Violations and Traffic Violations
Bureaus are hereby adopted for the use of the Municipal Court.
[Ord. No. 840 §110.120, 11-7-1995]
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 Mayor shall designate a Traffic Violations
Clerk for said Bureau if established.
[Ord. No. 840 §110.130, 11-7-1995]
All warrants issued by a Municipal Judge shall be directed to
the City Police Chief or to the Sheriff of the County. The warrant
shall be executed by the City Police Chief or Sheriff at 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 warrants in criminal cases.
[Ord. No. 840 §110.140, 11-7-1995]
A member of the Rock Port Police Department may, without a warrant,
make arrest of any person who commits an offense in his presence,
but such Officer shall, before the trial, file a written complaint
with the Judge hearing violations of municipal ordinances.
[Ord. No. 868 §110.145, 3-11-1997]
A.
In
addition to the forfeiture of any security which has been given or
pledged for his/her release, any person, who having been issued a
warrant, summons, or written complaint specifying that he/she appear
before the Municipal Court of the City of Rock Port at a given time,
and willfully fails to appear before that Court or its judicial officer
as required shall be guilty of an offense and punished as follows:
1.
By a fine not to exceed five hundred dollars ($500.00) or incarcerated
for a period not to exceed thirty (30) days; provided that the sentence
imposed shall not exceed the maximum fine or maximum period of imprisonment
which would be imposed for the offense for which the accused was arrested.
2.
If the offense or ordinance violation is punished by a fine only,
punishment by confinement shall not be imposed.
3.
Nothing in this Section shall prevent the exercise by any Court of
its power to punish for contempt.
[Ord. No. 840 §110.150, 11-7-1995]
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 Judge. Whenever a defendant
accused of a violation of a municipal ordinance demands trial by jury,
the Municipal Court shall certify the case to the Presiding Judge
of the Circuit Court for reassignment, as provided in Section 546.095,
RSMo.
[Ord. No. 840 §110.160, 11-7-1995]
It shall be the duty of an attorney designated by the municipality
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 necessary expenses
incurred in such prosecutions shall be paid by the City. The compensation
of such attorney shall not be contingent upon the result in any case.
[Ord. No. 840 §110.170, 11-7-1995]
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 on the
day set for trial to testify in the case, and enter the names of such
witnesses on his docket, which oral notice shall be valid as a summons.
[Ord. No. 840 §110.180, 11-7-1995]
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 as Municipal Judge, he shall immediately stop all further
proceedings before him as Municipal Judge and cause the complaint
to be made before some Associate Circuit Judge within the County.
[Ord. No. 840 §110.190, 11-7-1995]
Any Judge hearing violations of Municipal ordinances may, when
in his judgement 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 said Judge.
[Ord. No. 840 §110.200, 11-7-1995]
In all cases tried before the Municipal Court, 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 Judge or on assignment before an Associate Circuit Judge.
An application for a trial de novo shall be filed within ten (10)
days after judgement and shall be filed in such form and perfected
in such manner as provided by Supreme Court Rules.
[Ord. No. 840 §110.210, 11-7-1995]
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. 840 §110.220, 11-7-1995]
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 call 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 action shall
be paid over to the City Treasurer to the General Revenue Fund of
the City.
[Ord. No. 840 §110.230, 11-7-1995]
Whenever the Police Department shall commit any person to the
County Jail, or other authorized place of confinement, under the authority
of any execution or warrant of commitment under which such commitment
is made, and he shall endorse thereon the amount of money or other
property in his possession belonging to the prisoner, and turn the
said property over to the Sheriff (or other Chief Officer exercising
jurisdiction) upon such official's receipting for the same upon the
back of the commitment on behalf of the prisoner; and no such prisoner
shall be released from the jail except upon certificate of the Chief
of Police or by order of the Mayor as hereinafter provided, and in
no case, unless the fine and costs assessed against the prisoner are
paid or the same have been remitted by the Board of Aldermen in open
session, which facts must be stated in the certificate of the Chief
of Police or order of the Mayor releasing the prisoner.
[Ord. No. 840 §110.240, 11-7-1995]
The Chief of Police shall, upon committing any person to the
jail or other authorized place of confinement as aforesaid, in a book
to be kept for that purpose, register the name, age, height, sex,
color and nativity of such person, with the date of such committal
and the amount of the fine and costs for which such person was committed,
and upon the payment to the Chief of Police of the amount due on any
such execution, or when such prisoner shall be otherwise legally entitled
to a discharge, the Chief of Police shall certify that fact to the
Sheriff of the County or other official charged with custody who shall
thereupon discharge the prisoner named therein.
[Ord. No. 840 §110.250, 11-7-1995]
Whenever a Police Officer of the City appears as a witness in
Court during his off-duty hours, said Officer shall appear in uniform.
Officers shall attend without being summoned, nor shall any subpoena
be issued for their appearance, but failure to appear at the time
for trial may be punished by contempt.
[Ord. No. 840 §110.260, 11-7-1995]
No prosecution for violation of any City ordinance shall be
commenced after the lapse of twelve (12) months after the date of
such violation; provided, that if any person charged with such violation
shall conceal or absent himself so that a process cannot be served
upon him or shall absent himself from the City for the purpose of
avoiding such prosecution, the time of such absence or concealment
shall not be computed.
[Ord. No. 840 §110.270, 11-7-1995]
A Municipal Judge shall be disqualified to hear any case in
which he is in anyway interested, or, if before the trial is commenced,
the defendant or the prosecutor files an affidavit that the defendant
or 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.
[Ord. No. 840 §110.280, 11-7-1995; Ord. No. 845 §110.280, 1-16-1996]
A.
The
Mayor, with the consent of the Board of Aldermen, shall designate
an employee of the City as Clerk of the Municipal Court. The duties
of said Clerk shall be as follows:
1.
To take oaths and affirmations;
2.
To accept signed complaints, and allow the same to be signed and
sworn to or affirmed before him;
3.
To sign and issue subpoenas duces tecum;
4.
To accept the appearance, waiver of trial and plea of guilty and
the payment of fine and costs in Traffic Violations Bureau cases or
as directed by the Municipal Judge; generally to act as Violation
Clerk of the Traffic Violations Bureau;
5.
To perform all other duties as provided for by said ordinance, by
the Missouri Rules of Practice and Procedure in Municipal and Traffic
Courts, and by Statute;
6.
To maintain, properly certified by the City Clerk, a complete copy
of the ordinances of the City,which shall constitute prima facie evidence
of such ordinance before the Court. Further, to maintain a similar
certified copy on file with the Clerk serving the Circuit Court of
this County.
7.
To perform any and all duties assigned by the Municipal Judge; and
8.
The Court Clerk is a City employee and is subject to personnel rules
and regulations of the City.
[Ord. No. 840 §110.290, 11-7-1995; Ord. No. 845 §110.290, 1-16-1996]
There shall be assessed as general Court costs the sum of twelve
dollars ($12.00) per case for each municipal ordinance case filed
before the Municipal Judge. Said costs shall be in addition to service
costs, witness fees, training costs, Crime Victims' Compensation Fund
judgments, jail costs or any other costs or assessments which may
be otherwise authorized by municipal ordinance or State law. These
costs shall be collected by the Court in the same manner as other
costs and fees are collected and remitted for disbursal in accordance
with City ordinance and State law.
[Ord. No. 840 §110.291, 11-7-1995; Ord. No. 878 §110.300, 11-18-1997]
A surcharge of two dollars ($2.00) shall be assessed as costs
in each criminal case involving violations of any municipal criminal
or traffic law including infraction as set forth in the municipal
ordinances of the City of Rock Port, Missouri, which fee shall be
collected upon conviction or entry of a plea of guilty. This surcharge
shall be effective in the upcoming fiscal year of the City of Rock
Port. This surcharge shall be collected by the Clerk of the Municipal
Court and be transmitted monthly to the Treasurer of the City of Rock
Port. An additional surcharge in the amount of one dollar ($1.00)
shall be assessed as provided in Section 590.140, RSMo., payable to
the State Treasury for the credit of the Police Officer Standards
and Training Commission Fund established by Section 590.178.
[Ord. No. 946 §1, 11-9-2004]
A.
Effective
January 1, 2005, in addition to all other Court costs for municipal
ordinance violations, there shall be assessed as Court costs a surcharge
in the amount of two dollars ($2.00) per case for each municipal ordinance
case filed before a Municipal Judge, said amount to be collected pursuant
to Section 488.607, RSMo. However, surcharge shall not be collected
in any proceeding when the action against the defendant has been dismissed
by the Court or when costs are paid by the City.
B.
All
amounts collected pursuant to this Section shall be payable to CARE
of Atchison County for the purpose of providing operating expenses
for any shelter for battered persons as defined by State law.
[Ord. No. 840 §110.292, 11-7-1995; Ord. No. 901, 9-17-2001]
There shall be assessed as Court costs the sum of seven dollars
fifty cents ($7.50) per case for each municipal ordinance case filed
before the Municipal Judge, said amount to be collected pursuant to
Section 595.945, RSMo., related to the Crime Victims' Compensation
Fund Judgment. These costs 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 for
disbursal in accordance with City ordinance and State law.
[Ord. No. 1129 §1, 8-21-2013]
A.
A surcharge of three dollars ($3.00) is hereby established and assessed
as additional Court costs for violations of all municipal ordinances,
except that no such surcharge shall be collected when the proceedings
against the defendant have been dismissed. Collection of this fee
is required by § 57.955, RSMo.
B.
All amounts collected pursuant to this Section shall be payable to
the Missouri Sheriffs' Retirement System.
[1]
Editor’s Note: Former Section 110.315, Costs for Spinal
Cord Injury Fund, adopted and amended 9-17-2001 by Ord. No. 902, was
repealed 8-13-2002 by Ord. No. 911 §1.
Upon a plea of guilty, finding of guilt or conviction for a
violation of any provision of the Municipal Code of the City of Rock
Port, Missouri, the Court may, in addition to imposition of any penalties
provided by law, order the defendant to reimburse law enforcement
authorities for costs associated with the arrest of, or the issuance
of a citation to, the defendant. Such costs shall include the reasonable
costs of the making of the arrest or issuance of a citation, including
the costs of any chemical test to determine the alcohol or drug content
of the defendant's blood, the costs of processing, charging,
booking and holding the defendant in custody; along with the costs
of repairing or replacing property damaged by defendant. The Rock
Port 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 requested reimbursement is excessive or
for other good cause shown. These costs 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
and disbursed in accordance with City ordinances and State law.
[1]
Editor’s Note: Section 1 also changed the title of this
Section from "Reimbursement for Costs of Alcohol and Drug Related
Offenses" to "Reimbursement Of Costs For Citations And Arrests."
[Ord. No. 840 §110.294, 11-7-1995]
In addition to any fine or Court costs that may be imposed,
there shall be assessed as costs against any defendant an amount equal
to the expenses for any term of incarceration served by the defendant
by order of the Municipal Judge or Circuit Judge on any case involving
violations of the ordinances of the City of Rock Port. The assessed
costs for incarceration shall be the amount charged to the City of
Rock Port by the incarcerating entity for the term of incarceration
of said defendant.
[Ord. No. 840 §110.300, 11-7-1995]
The costs of any action may be assessed against the prosecuting
witness and judgment be rendered against him that he 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 and from malicious motives.
[Ord. No. 840 §110.310, 11-7-1995; Ord. No. 896, 2-21-2001]
Any person who fails to pay fines and Court costs assessed for
violating an ordinance pursuant to the installment method set forth
in the Municipal Code without just cause shall be subject to additional
fines and incarceration for their failure, in addition to any previous
fines or Court costs that were imposed.
[Ord. No. 840 §110.320, 11-7-1995]
Whenever the term "misdemeanor" is used in
any ordinance of the City, it shall be construed to mean and stand
in lieu of "a violation of an ordinance".
[Ord. No. 936 §1, 3-16-2004]
A.
No
person shall carry a concealed firearm or openly carry a firearm into
any building or in that portion of a building owned, leased or controlled
by the City of Rock Port, Missouri.
B.
No
person who has been issued a concealed carry endorsement by the Missouri
Director of Revenue under Sections 571.101 to 571.121, RSMo., or other
similar statutory provision, or who has been issued a valid permit
or endorsement to carry concealed firearms pursuant to authority of
another State or political subdivision of another State shall by authority
of that endorsement or permit be allowed to carry a concealed firearm
or to openly carry a firearm into any building or in that portion
of a building owned, leased or controlled by the City of Rock Port,
Missouri.
C.
No
person who has been issued a certificate of qualification which allows
the person to carry a concealed firearm before the Missouri Director
of Revenue begins issuing concealed carry endorsements in July, 2004,
shall by authority of that certificate be allowed to carry a concealed
firearm or to openly carry a firearm in any building or in that portion
of a building owned, leased or controlled by the City of Rock Port,
Missouri.
D.
Signs
shall be posted stating that the carrying of firearms is prohibited
at each entrance of a building entirely owned, leased or controlled
by the City of Rock Port, Missouri, or at each entrance to the portion
of the building controlled by the City of Rock Port, Missouri.
E.
This
Section shall not apply to buildings used as public housing by private
persons, to highways or rest areas, to firing ranges or to private
dwellings owned, leased or controlled by the City of Rock Port, Missouri.
F.
This
Section shall not apply to any person lawfully carrying a firearm
as a Law Enforcement Officer.
G.
Any
person violating this Section may be denied entrance to the building
or ordered to leave the building, and any City of Rock Port, Missouri,
employee violating this Section may be disciplined. No other penalties
shall be imposed for violation of this Section, except for such penalties
as may be established by State or Federal law.
