[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 §110.040, 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]
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 §110.120, 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.
[Ord. No. 840 §110.293, 11-7-1995; Ord. No. 1167 § 1, 5-5-2016[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.
[Ord. No. 1212, 6-16-2021]
A. 
Appointment of Counsel If Jail Is Not A Possible Punishment. A Municipal Court defendant does not have a constitutional right to a court-appointed attorney if jail is NOT a possible sentence in his or her case.
B. 
Right To Court Appointed Attorney If Jail Is A Possible Punishment. If a jail sentence is a possible punishment in a Municipal Court case and a defendant cannot afford an attorney due to disability or qualification as an indigent person, the defendant shall have the right to request that the Court appoint him or her an attorney. The Municipal Court Judge shall determine if the defendant qualifies for appointed counsel based upon the same guidelines as set forth in the application for a Missouri Public Defender, and upon the financial information provided by the defendant. Should the Judge find that a defendant meets the qualifications for court appointed counsel, the Court shall notify the attorney so appointed of the assignment. Said attorney shall be compensated by the City for a reasonable fee plus expenses. If the Court appoints counsel, the defendant may be liable to the City for the cost of the services and expenses of the lawyer who handles the case if he or she is or will be able to pay all or any part of such costs.