Charter Reference — Municipal court, §§7.1 —
7.4.
Cross References — General penalty for code violations, §100.090; administration generally, ch. 110; department of law, §§120.070 et seq.; emergency management, ch. 225; motor vehicles and traffic, Title III; offenses, ch. 210; police, ch. 200.
State Law Reference — Municipal courts, ch. 479, RSMo.
[R.O. 2008 §17-1; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
Pursuant to Chapter 479, RSMo., there shall be in this City
a Municipal Court, to be known as the "Creve Coeur Municipal Court,
a division of the 21st 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."
[R.O. 2008 §17-12; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
The jurisdiction of the Municipal Court shall extend to all
cases involving alleged violations of the ordinances of the City.
[1]
State Law Reference — Similar provisions, § 479.020(1),
RSMo.
[R.O. 2008 §17-3; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
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 Missouri
Supreme Court. The Municipal Court shall be subject to the general
administrative authority of the Presiding Judge of the Circuit Court,
and the Municipal Judge and the Court personnel of such Court shall
obey his/her directives.
[1]
State Law Reference — Similar provisions, § 479.020(5),
RSMo.
[R.O. 2008 §17-4; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
A.
The City Administrator shall designate a suitable and qualified person
to serve as the Administrator of the Municipal Court with such assistants
as may be needed from time to time. The duties of the Court Administrator
shall include the following:
1.
Supervise the personnel and overall operation of the Municipal
Court.
2.
Collect such fines for violations of such offenses as may be
prescribed and the Court costs thereof.
3.
Take oaths and affirmations regarding Municipal Court proceedings.
4.
Accept signed complaints and allow the same to be signed and
sworn to or affirmed before them.
5.
Sign and issue subpoenas requiring the attendance of witnesses
and sign and issue subpoenas duces tecum.
6.
Accept the appearance, waiver of trial and plea of guilty and payment of fine and costs in Violations Bureau cases or as directed by the Municipal Judge and perform all other duties as provided by this Chapter 135 and by Chapter 479, RSMo.
7.
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.
8.
Maintain, properly certified by the City Clerk, a complete copy
of the ordinances of the City, which shall constitute prima facie
evidence of such ordinances before the Court and, further, on request
shall provide a similar certified copy for filing with the Clerk serving
the Circuit Court of St. Louis County.
[1]
State Law References — Municipality to provide, by ordinance,
for clerk, § 479.060(1), RSMo., see § 479.250.
[R.O. 2008 §17-5; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
The Chief of Police or his/her designees shall serve as Marshal
and Deputy Marshals, respectively, of the Municipal Court and shall
enforce its orders, judgments and decrees.
[1]
Editor's Note: Former Section 135.060, Continuances and Dismissals,
Section 135.070, Violations Bureau, and Section 135.075, When Person
Charged May Appear at Violations Bureau or Before Municipal Judge,
were repealed 9-23-2019 by Ord. No. 5664.
[R.O. 2008 §17-8; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
There shall be a session of the Municipal Court on such days
as determined by the Municipal Judge, and all cases set for each day
shall be tried on such day at an hour fixed by the Municipal Judge,
unless continued on application to or on motion of the Municipal Judge.
[R.O. 2008 §17-9; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
All decisions of the Municipal Judge and all matters before
the Municipal Court shall be governed by the procedural and substantive
law of the Revised Statutes of Missouri, Supreme Court Rule 37, the
ordinances of the City and case law applicable to Missouri Municipal
Courts.
[1]
Editor's Note: Former Section 135.100, Issuance and Execution
of Arrest Warrants, was repealed 9-23-2019 by Ord. No. 5664.
[1]
Editor's Note: Former Section 135.110, List of Persons
in Custody to be Furnished Court — Trial, enacted by R.O. 2008
§ 17-11 and 5-27-2008 by § 1 of Ord. No. 5041,
was repealed 8-10-2015 by § 1 of Ord. No. 5433.
[1]
Editor's Note: Former Section 135.115, Records and Reports
of Convictions, Section 135.120, Release and Bail, and Section 135.130,
Arrests Without Warrants, were repealed 9-23-2019 by Ord. No. 5664.
[R.O. 2008 §17-14; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5075 §3, 2-9-2009; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
To the extent required by City of Kansas City v. Darby, 544
S.W.2d (Mo. banc 1976) and subsequent cases, any person charged with
a violation of a municipal ordinance of this City involving obscenity
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 involving obscenity timely demands
trial by jury, the Municipal Court shall certify the case to the Presiding
Judge of the Circuit Court for reassignment, as provided by applicable
Court Rule and Section 479.150, RSMo.
[1]
State Law Reference — Similar provisions, § 479.130,
RSMo., Rule 37.61
[R.O. 2008 §17-15; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
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 or Associate Circuit Judge hearing
violations of the City's ordinances. The salary or fees of the
attorney and 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.
[1]
State Law Reference — Similar provisions, § 479.120,
RSMo.
[1]
Editor's Note: Former Section 135.160, Summoning of Witnesses,
was repealed 9-23-2019 by Ord. No. 5664.
[1]
Editor's Note: Former Section 135.180, Transfer of Complaint
to Circuit or Associate Circuit Judge, Section 135.190, Judgment,
Section 135.200, Jailing of Defendants, Section 135.210, Parole and
Probation, Section 135.220, Right of Appeal, Section 135.225, Failure
To Appear — Driver's License Renewal/Suspension, Section
135.230, Breach of Recognizance, were repealed 9-23-2019 by Ord. No.
5664.
[R.O. 2008 §17-24; Ord. No. 5079 §1, 3-23-2009; Ord. No. 5264 §3, 8-27-2012; Ord No. 5315 §1, 8-12-2013; Ord. No. 5404 §1, 11-24-2014;Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016; Ord. No. 5606, 9-11-2018]
A.
In addition to any fine that may be lawfully imposed by the Municipal
Judge, there shall be assessed as costs in all cases, except cases
in which charges of a "minor traffic violation" or "municipal ordinance
violation" as defined in Section 479.350, RSMo., are dismissed and
cases in which the Municipal Court finds the defendant to be indigent
pursuant to applicable standards, and except for fees which pursuant
to Section 488.027, RSMo., shall not be collected upon dismissal or
waiver, the following:
1.
Costs of Court in the amount of twelve dollars ($12.00) pursuant
to Section 488.012, RSMo., and Supreme Court Operating Rule 21.01(a)(5).
2.
Actual costs assessed against the City by the County Director
of Justice Services for apprehension or confinement in the County
Jail pursuant to Section 221.070, RSMo.
3.
In addition to any other costs of Court pursuant to Section
488.5336, RSMo., an assessment of two dollars ($2.00) on all ordinance
violations (including infractions, moving and non-moving traffic violations),
but excluding cases dismissed by the Court or when the costs are to
be paid by the City, such additional assessment to be used for the
training of Law Enforcement Officers.
4.
Pursuant to the authority granted by Section 488.607, RSMo.,
an assessment of an additional Court cost of three dollars ($3.00)
on all ordinance violations, except when the proceedings or defendant
have been dismissed by the Court or when costs are to be paid by the
City. Such costs shall be collected by the Clerk of the Court and
disbursed by the Finance Department for the purpose of providing operating
expenses for shelters for battered persons as defined by Section 455.200
et seq., RSMo.
[Ord. No. 5664, 9-23-2019]
5.
In addition to any other costs of Court pursuant to Section
488.5336, RSMo., an assessment of one dollar ($1.00) on all ordinance
violations (including infractions, moving and non-moving traffic violations),
but excluding cases dismissed by the Court or when the costs are to
be paid by the City, such additional assessment to be used for the
Peace Officer's Standards and Training Commission (POST) Fund
created by Section 590.178, RSMo.
6.
In addition to any other costs of Court pursuant to Sections
488.5339 and 595.045, RSMo., an assessment of seven dollars and fifty
cents ($7.50) on all ordinance violations (including infractions,
moving and non-moving traffic violations), except when the proceedings
or defendant have been dismissed by the Court or when the costs are
to be paid by the City, such additional assessment to be used for
the Crime Victims' Compensation Fund.
7.
Upon a plea of guilty or a finding of guilty for an offense
of violating the provisions of municipal ordinances 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 City Police Department pursuant to Section 488.5334, RSMo., for
the reasonable costs associated with the arrest, including the cost
of any chemical test made under Chapter 577, RSMo., 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 Police Department may establish a schedule of such costs, but
the Court may order the costs reduced if it determines them to be
excessive.
8.
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, other costs, such as for the issuance of a warrant,
a commitment or a summons, as provided before the Circuit or Associate
Circuit Judge in criminal prosecutions and any and all other costs,
assessments and surcharges as required by applicable law.
9.
Other fees as lawfully determined by the Court, including credit
card fine fees and probation deterrent fees.
10.
A surcharge of two dollars ($2.00) pursuant to the provisions
of Section 488.5026, RSMo., shall be collected in all cases, except
where the proceeding is dismissed by the Court or when the costs are
to be paid by the City. All fees collected pursuant to this Subsection
shall be transmitted monthly to the Finance Director of the City of
Creve Coeur for deposit into the Inmate Security Fund. All funds collected
pursuant to this Subparagraph shall be used only to acquire, develop,
maintain, repair, and replace biometric verification systems and information
sharing systems to ensure that inmates, prisoners or detainees in
a holding cell facility or other detention facility or area which
holds persons detained only for a shorter period of time after arrest
or after being formally charged can be properly identified upon booking
and tracked within the local law enforcement administration system,
criminal justice administration system, or the local jail system,
and to pay for any expenses related to detention, custody and housing
and other expenses for inmates, prisoners and detainees.
11.
Pursuant to Sections 476.056 and 488.010 to 488.027, RSMo.,
and Supreme Court Operating Rules 21.01(a)(4)and 21.03, there shall
be assessed as costs a court automation fee of seven dollars ($7.00).
B.
No refund shall be required for overpayments of Court costs of five
dollars ($5.00) or less, nor shall the Clerk be required to pursue
unpaid amounts less than five dollars ($5.00) as provided in Section
488.014, RSMo.
[1]
Editor's Note: Former Section 135.250, Court Costs —
Assessment Against Prosecuting Witness, and Section 135.260, Installment
Payment of Fine, were repealed 9-23-2019 by Ord. No. 5664.
[R.O. 2008 §17-27; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
The duties of a public defender shall be to serve as counsel
when appointed by the Municipal Judge to represent persons appearing
before the Municipal Court and accused of a violation of the ordinances
of the City for which the prosecutor intends to seek a sentence of
confinement who demonstrate to the satisfaction of the Municipal Judge
that they are unable to employ counsel on their own behalf and should
have counsel appointed to represent them. No such person shall be
sentenced to any period of confinement unless he/she is represented
by counsel.
See Rules 37.47, 37.50.
[1]
Editor's Note: Former Section 135.280, Procedures When Defendant
Fails to Appear — Section Not to Affect Judge's Contempt
Power, was repealed 9-23-2019 by Ord. No. 5664.
[R.O. 2008 §17-44; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
The Judge of the City's Municipal Court shall be known as a Municipal Judge of the 21st Judicial Circuit Court and shall be selected as provided in Section 7.2 of the City Charter.
[R.O. 2008 §17-45; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
The Municipal Judge shall hold office for a period of four (4)
years as provided in the City Charter.
[R.O. 2008 §17-46; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
A.
The Municipal Judge shall vacate office under the following circumstances:
[R.O. 2008 §17-47; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
A.
The Municipal Judge shall possess the following qualifications before
taking office:
B.
Additionally, the Municipal Judge shall meet all requirements concerning
course of instruction and continuing education, including pursuant
to Sections 479.020 and 479.172, RSMo., and Supreme Court Rule 18.
[R.O. 2008 §17-48; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016; Ord. No. 5664, 9-23-2019]
A.
The Municipal Judge may serve as Municipal Judge for up to four (4)
other municipalities. A court that serves more than one (1) municipality
shall be treated as a single municipality for purposes of this Section.
B.
The Municipal Judge shall be considered as holding a part-time contractor
position and as such may accept (within the requirements of the Code
of Judicial Conduct, Missouri Supreme Court Rule 2) other employment.
[1]
State Law Reference: See Section 479.020, RSMo.
[R.O. 2008 §17-49; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
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
Chapter 479, RSMo.
2.
Administer oaths and enforce due obedience to all rules and
judgments made by the Court and fine and imprison for contempt committed
before the Judge 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.
Make use of a public or private probation program of the Court's
choice if such program or programs are available for the referral
of defendants for any of the following purposes: to conduct a presentence
investigation and prepare a report thereof for the Court; to enroll
the defendant in a counseling program or short-term educational program
appropriate to the offense for which the defendant has been charged;
to supervise defendants placed on probation by the Court; and for
such other purposes as the Municipal Judge may direct. A report of
a pre-sentence investigation shall not be submitted to the Court or
its contents disclosed to anyone unless the defendant has pleaded
guilty or has been found guilty. The report of a pre-sentence investigation
shall contain any prior record of the defendant and such information
about his/her characteristics, his/her financial condition, his/her
social history and the circumstances affecting his/her behavior as
may be helpful in imposing sentence or in recommending probation or
in the correctional treatment of the defendant. The Probation Officer
shall secure such other information as may be required by the Court,
and, whenever it is practicable and requested by the Court, investigation
may include a physical and mental examination of the defendant by
a licensed physician, psychiatrist or psychologist.
6.
The Municipal Judge shall have such other powers, duties and
privileges as are or may be prescribed by the laws of this State or
other ordinances of this City.
[1]
State Law Reference — Similar provisions, § 479.070,
RSMo.
[R.O. 2008 §17-50; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
The Municipal Judge shall cause to be prepared such reports
as may be required by law.
[R.O. 2008 §17-51; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
The Municipal Judge shall be a conservator of the peace. The
Judge shall keep a docket and shall enter therein every case commenced
before the Court and the proceedings therein and shall keep such other
records as may be required. Such docket and records shall be records
of the Circuit Court of St. Louis County. The Municipal Judge shall
deliver the docket and records of the Municipal Court and all books
and papers pertaining to the office to any successor in office or
to the Presiding Judge of the Circuit Court.
[1]
State Law Reference — Similar provisions, § 479.070,
RSMo.
[R.O. 2008 §17-52; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
A Municipal Judge shall be disqualified to hear any case in
which he/she is related to the defendant, when he/she has an interest
in the case, when he/she has previously been counsel in the case,
when the prosecutor in the case regularly serves as a Judge in another
municipal division within the same County before whom the Municipal
Judge regularly represents a prosecuting County or municipality, or
he/she is otherwise disqualified by law or if the defendant or the
prosecutor timely files an application for change of Judge pursuant
to Rule 37.53. Neither the defendant nor the municipality shall be
entitled to file more than one application for change of Judge in
the same case, except that no party shall be precluded from requesting
any change of Judge for cause at any time pursuant to applicable Court
rule.
[1]
State Law Reference — Similar provisions, § 479.220,
RSMo.; rule 37.53.
[R.O. 2008 §17-53; Ord. No. 5041 §1, 5-27-2008; Ord. No. 5433 §1, 8-10-2015; Ord. No. 5493 §1, 8-22-2016]
Pursuant to Section 7.2 of the City Charter, an alternate Judge shall be appointed to serve if the Municipal Judge is absent, sick or disqualified from acting and as otherwise directed by the Municipal Judge. If neither the Municipal Judge nor the alternate Judge is able to serve at a particular time due to absence, sickness or disqualification, a special interim Municipal Judge may be appointed by the Presiding Judge of the Circuit Court of St. Louis County pursuant to Section 479.230, RSMo. The City Council shall provide by ordinance for the compensation of any person designated to act as Municipal Judge under the provisions of this Section.
[1]
State Law Reference — Similar provisions, § 479.230,
RSMo.
