City of Kirkwood, MO
St. Louis County
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Table of Contents
Table of Contents
Cross Reference: General penalty, § 1-8.
State Law Reference: Courts and attorneys in cities of the third class, RSMo. § 98.320 et seq.
[Ord. No. 10289,[1] 10-1-2015]
There is hereby established a court to be known as the "Municipal Court of the City of Kirkwood," a division of the 21st Judicial Circuit Court of the State of Missouri. This Court is a continuation of the Municipal Court of the City as previously established, and is termed herein "the Municipal Court."
[1]
Editor's Note: This ordinance repealed former Ch. 15, Municipal Court, of the 1971 Code, adopted 2-1-1979 by Ord. No. 6380, as amended, which in turn had repealed the prior Ch. 15, derived from various sections of the Gen. Ords. 1959, as amended.
[Ord. No. 10289, 10-1-2015]
The Municipal Court shall be presided over by a Municipal Judge who shall have such powers and duties as are conferred upon such officer by the laws of the State of Missouri and shall have original jurisdiction to hear and determine all violations against the ordinances of the City.
[Ord. No. 10289, 10-1-2015]
The Municipal Judge shall be appointed by the Council, and shall hold his office for a term of two years, unless otherwise provided by law. If for any reason the Municipal Judge vacates the office, a successor shall be appointed by the Council and shall complete that term of office, even if the same be for less than two years.
[Ord. No. 10289, 10-1-2015]
The Council shall by ordinance fix the compensation of the Municipal Judge and Provisional Municipal Judge.
[Ord. No. 10289, 10-1-2015]
The Mayor shall appoint a person to the position of Provisional Municipal Judge who shall have the same qualifications as the Municipal Judge. The Provisional Municipal Judge shall serve as Municipal Judge in the event the Municipal Judge is unable to perform such duties of office due to absence, illness or disqualification to hear certain matters.
[Ord. No. 10289, 10-1-2015]
Before entering upon the duties of office, the Municipal Judge and Provisional Municipal Judge shall take the oath required of other municipal judges.
[Ord. No. 10289, 10-1-2015]
A. 
The Municipal Judge shall possess the following qualifications before he shall take office:
(1) 
Licensed to practice law within the State of Missouri.
(2) 
A resident of the City of Kirkwood.
(3) 
At least 21 years of age and under the age of 75 years during the term for which appointed.
(4) 
Not otherwise an officer or employee of the City.
B. 
The Municipal Judge shall be considered holding a part-time position, and as such may accept other employment and may serve as Municipal Judge for another municipality.
[Ord. No. 10289, 10-1-2015]
The Municipal Court of the City shall be subject to the rules of the Circuit Court of St. Louis County, 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 those directives.
[Ord. No. 10289, 10-1-2015]
The Municipal Judge shall cause a docket to be kept in which an entry shall be made of every case commenced before the Judge and the proceedings therein, and shall keep other records as required. Such docket and records shall be records of the Circuit Court. The Municipal Judge shall deliver said docket and records and all books and papers pertaining to this office to the successor in office or to the Presiding Judge of the Circuit Court.
[Ord. No. 10289, 10-1-2015]
It shall be the duty of the Municipal Judge to tax all costs in the Municipal Court, but the Municipal Judge is prohibited from assessing costs if the case is dismissed or the defendant is determined to be indigent based upon standards set by the Presiding Judge. The Municipal Judge shall cause all fee bills and executions, to cause and issue all processes of the Court and sign the same as Municipal Judge, and to cause to be prepared within the first 10 days of every month a report indicating a list of all the cases heard or 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 defendants committed and the cases in which there was an application for trial de novo, respectively.
[Ord. No. 10289, 10-1-2015]
A. 
The Municipal Judge may establish a traffic violations bureau, and shall establish such a bureau if a request therefor is made by the Council. The Traffic Violations Bureau shall operate under the supervision of the Circuit Court and the Municipal Judge, and shall be operated in accordance with the rules of the Supreme Court and the rules of the Circuit Court. All expenses incident to the operation of the Traffic Violations Bureau shall be paid by the City and all fines and costs shall be paid into the City Treasury.
B. 
The City shall provide suitable quarters for the Traffic Violations Bureau, and all fines and costs shall be paid into the City Treasury; provided, however, that when the City's ordinance violation cases are heard and determined by an Associate Circuit Judge, or Judges, provision may be made by Circuit Court rule for a traffic violation bureau to be operated by the staff available to the Associate Circuit Judge and in such case, fines and costs shall be paid over and distributed as provided in Subsection 2 of Section 497.080, RSMo. (RSMo. § 479.050)
[Ord. No. 10289, 10-1-2015]
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.
[Ord. No. 10289, 10-1-2015]
All warrants issued by the Municipal Judge shall be directed to the Chief of Police, or any other police officer of the municipality, or to the Sheriff of the county. The warrants shall be executed by the Chief of Police, police officer 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. (RSMo. § 497.100)
[Ord. No. 10289, 10-1-2015]
The Chief of Police or other police officer of the City shall, without a warrant, make arrests of any person who commits an offense in his presence, but such officer shall, before the trial, file a written complaint with the Municipal Judge. (RSMo. § 479.110)
[Ord. No. 10289, 10-1-2015]
A. 
The prosecution and defense in each case shall have the right to a speedy trial. Continuances may be granted for good cause shown.
B. 
When a case is first called for trial, if either party applies for a continuance owing to the absence of material witnesses, the Municipal Judge shall continue the case for one week, and may continue it for a longer time if the judge is satisfied that the continuance is in the interests of justice.
[Ord. No. 10289, 10-1-2015]
A. 
In any case tried before a Municipal Judge who is not licensed to practice law in this state, the defendant shall have a right to trial de novo, even from a plea of guilty, before a Circuit Judge or an Associate Circuit Judge.
B. 
In any case tried before the Municipal 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 10 days after judgment and shall be filed in such form and perfected in such manner as provided by Supreme Court Rule.
[Ord. No. 10289, 10-1-2015]
A Municipal Judge shall be disqualified to hear any case in which the Judge is in any wise 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 affidavit or disqualification in the same case.
[Ord. No. 10289, 10-1-2015]
The duties of the Clerk of the Municipal Court shall be as follows:
A. 
To collect such fines for violations of such offenses as may be described, and the court costs thereof.
B. 
To take oaths and affirmations.
C. 
To accept signed complaints, and to allow the same to be signed and sworn to or affirmed before him.
D. 
To sign and issue warrants as provided for in the Missouri Rules of Practice and Procedure in Municipal and Traffic Courts.
E. 
To sign and issue subpoenas requiring the attendance of witnesses and to sign and issue subpoenas duces tecum.
F. 
To 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, and generally, to act as violation clerk of the Traffic Violation Bureau.
G. 
To 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 and Procedure in Municipal and Traffic Courts and by statute.
H. 
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.
[Ord. No. 10289, 10-1-2015]
A. 
In all cases where costs are assessed, costs of $12 will be assessed by the Court. [COR 21.01(a)(4)]
B. 
In all cases where costs are assessed, an additional surcharge of $7.50 will be assessed for the "Crime Victim's Compensation Fund" and distributed in accordance with state law. (RSMo. § 488.5339.1)
C. 
In all cases where costs are assessed, an additional surcharge of $2 will be assessed by the Court and retained by the Director of Finance in a special fund to be used for training law enforcement officers. Said surcharge shall not be applied on nonmoving traffic violations prior to July 1, 1997. (RSMo. § 488.5336.1)
D. 
Effective January 1, 1997, in all cases where costs are assessed, an additional surcharge of $1 will be assessed and distributed under state law for use by the state for training law enforcement officers. (RSMo. § 488.5336.1)
E. 
In addition to any fine imposed and costs assessed pursuant to law, an additional cost of up to $4 shall be assessed. The judge may waive assessment of this cost in those cases where the defendant is found by the judge to be indigent and unable to pay the costs. The costs collected pursuant to this section shall be collected by the Clerk and transmitted at least monthly to the County Treasurer for deposit in a fund for the provision of operating expenses for shelters for battered persons, pursuant to Section 488.607, RSMo. This cost shall not be assessed if the Court dismisses the charges.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
F. 
In addition to other fines or costs assessed pursuant to law, and additional surcharge of $2 shall be imposed in all cases for violation of municipal ordinances. Such funds collected under this section shall be retained by the Director of Finance in a special fund for the operation and maintenance of the live scan fingerprinting equipment and to pay costs associated with custody, housing and other expenses for prisoners. No such charge shall be collected in any proceedings when the proceeding or defendant has been dismissed by the Court. (RSMo. § 488.5026)
G. 
In the event that any payment of Court costs is made in time or installment payments or by credit card or similar method, the Court may charge an additional fee, if authorized by Supreme Court Rule, for such time or installment payments or in order to reflect any transaction cost, surcharge or fee imposed on the recipient of the credit card payment by the credit card company. (RSMo. § 488.015)
H. 
In the event there is an application for a trial de novo, there shall be an additional fee of $30 which shall be assessed as Court costs.
I. 
Other costs, such as, but not limited to, costs for a commitment, or a summons, as provided before the Associate Circuit Judge in criminal prosecutions, or actual costs assessed against the City by the County Sheriff for apprehension or confinement in the county jail.
J. 
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 warrant or commitment or order of this Court.
K. 
Upon a plea of guilt or a finding of guilty for violating the provisions of § 14-142 or § 14-143 or violations of any other ordinance of the City of Kirkwood involving alcohol- or drug-related traffic offenses, the Court may, in addition to imposition of any penalties provided by law, order the convicted person to reimburse the Kirkwood Police Department for the cost associated with such arrest in the amount of $150. Such costs are based upon the reasonable cost of making the arrest, including the cost of any chemical test to determine the alcohol or drug content of the person's blood, and the costs of processing, charging, booking and holding such person in custody. The Kirkwood Police Department may establish a schedule of costs; however, the Court may order the costs reduced if it determines that the costs are excessive.
L. 
Any person convicted of an offense and committed to the St. Louis County Jail, or any subsequent provider of jail services on behalf of the City of Kirkwood, shall pay for the cost of his/her incarceration. These costs shall include the actual costs charged to the City of Kirkwood by the correctional facility. Said costs may consist of all reasonable costs of confinement calculated on a per diem basis or based on actual expenses, including, without limitation, any necessary transportation related thereto and medical costs incurred while a person is incarcerated.
M. 
Any and all medical or dental expenses incurred by an inmate which are charged to the City of Kirkwood shall be imposed upon the incarcerated person receiving such medical treatment, including, without limitation, medical expenses incurred in connection with medical and dental examinations and treatment, over-the-counter and prescription medications, and hospitalization expenses, less any copayment collected from the inmate at the time medical expenses were rendered and received.
N. 
In addition to other costs authorized in this section, there shall be assessed a state automation surcharge of $7 in all cases in which court costs are taxed. Said surcharge shall be collected by the Municipal Court and transmitted monthly to the Missouri Director of Revenue to the credit of the Missouri Statewide Automation Fund. (R.S.Mo. § 488.012.3(5) and R.S.Mo. § 488.027.2)
[Ord. No. 10531, 11-15-2018]
[Ord. No. 10289, 10-1-2015]
A. 
It shall be unlawful for any person who has been charged with an offense of the Ordinances of the City of Kirkwood, and the charge having been set in the Municipal Court of the City of Kirkwood, to fail to appear before such Court as required. Proof of delivery or mailing of the Court notice to the person shall establish a presumption of knowledge by that person of his or her Court date.
B. 
It shall be unlawful for any person who has been convicted of, pled guilty to or been found guilty of any offense in the municipal Court of the City of Kirkwood and who has been sentenced to pay any fine or otherwise required by law to pay any monetary penalty or costs of Court or reimbursement of expenses associated with the investigation or prosecution of such offense to fail to pay such fine, penalty, costs or reimbursements as required by the Court.