[1]
State Law Reference: As to certain violations concerning an
accused with special needs, § 479.040, RSMo.
There is hereby established in the City of Kimberling City a
Municipal Court to be known as the "Kimberling City Municipal Court,
a Division of the 39th Judicial Circuit Court of the State of Missouri."
In the event a Police Court existed prior to the establishment of
a Municipal Court, this Court is a continuation of the Police Court
of the City as previously established and is termed herein "The Municipal
Court."
Violations of municipal ordinances shall be heard and determined
only before divisions of the Circuit Court as hereinafter provided
in this Chapter. The term "heard and determined," for purposes of
this Chapter, shall mean any process under which the Court in question
retains the final authority to make factual determinations pertaining
to allegations of a municipal ordinance violation.
The Judge of the City's Municipal Court shall be known as a
Municipal Judge of the 39th Judicial Circuit Court and shall be selected
by appointment to the position by the Mayor with approval of a majority
of the members of the Board of Aldermen for a term as specified herein.
The Municipal Judge shall hold his/her office for a period of
at least two (2) years. 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.
A.
The Municipal Judge shall vacate his/her office under the following
conditions:
[R.O. 2012 § 125.040; Ord. No.
127 § 4, 1-2-1990]
In case of absence, sickness or disability in anywise of the
Municipal Judge, or in case of the vacancy of such office, the Mayor
shall perform the duties of such office until the disability is removed
or the vacancy is filled. The term "Municipal Judge" used herein shall
also refer to the Mayor when the Mayor is acting in such capacity.
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-five
(75) years.
5.
He/she may serve as a Municipal Judge for any other municipality.
6.
He/she may not hold any other office within the City Government.
B.
The Municipal Judge shall be considered holding a part-time position
and as such may accept other employment.
C.
No
Municipal Judge shall serve as a Municipal Judge in more than five
(5) municipalities at one (1) time.
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/her
directives.
The Municipal Judge shall cause the Court Clerk to prepare,
within the first ten (10) days of every month, a report indicating
the following: A list of all cases heard or tried before the Judge
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. The Court Clerk or the Judge shall verify such
lists and statements by affidavit and shall file the same with the
City Clerk who shall lay the same before the Board of Aldermen of
the City for examination at its first session thereafter. The Municipal
Court shall, within the ten (10) days after the first of the month,
pay to the Municipal Treasurer the full amount of all fines collected
during the preceding month, if not previously paid to the Municipal
Treasurer.
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 Stone County. The Municipal Judge
shall deliver said docket, records and all books and papers pertaining
to his/her office to his/her successor in office or to the Presiding
Judge of the Circuit.
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
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.
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.
B.
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. 501, 2-2-2021]
A.
ADMINISTRATIVE WARRANT
CODE ENFORCEMENT OFFICIAL
MUNICIPAL COURT
POLICE, POLICE OFFICER, or POLICE CHIEF
Definitions. As used in this Section the following terms shall have
the meanings indicated:
A written order of the Municipal Judge permitting the entry
of City officials on or into private property to enforce the City's
housing, zoning, health, and safety regulations when government entry
on or into such private property is otherwise authorized by Missouri
law.
The person or persons appointed by the Mayor to serve in
such capacity.
The Municipal Court of the City of Kimberling City, or the
Associate Circuit Court of Stone County if the City has elected to
have its cases heard there.
If the City has contracted with the Stone County Sheriff
to provide law enforcement in the City, the Sheriff of Stone County
or any of his or her deputies.
B.
Warrants, When Issued.
1.
A warrant may issue only in conformance with this Section and
only for the enforcement of the City's housing, zoning, health, and
safety regulations, specifically:
a.
To abate such physical conditions on private property constituting
a public nuisance or otherwise in violation of a specified regulation
as provided herein;
b.
To inspect private property to determine or prove the existence
of physical conditions in violation of such a specified regulation;
and
c.
To seize, photograph, copy, or record evidence of the violation
of such a specified regulation.
2.
The Municipal Judge, having original and exclusive jurisdiction
to determine violations against the ordinances of the municipality,
may issue an administrative warrant when:
3.
Any such warrant shall be directed to the Chief of Police or
any other Police Officer of the City and shall be executed by the
Chief of Police or said Police Officer, in conjunction with the appropriate
Code Enforcement Officer or another appropriate official, within the
City limits and not elsewhere.
C.
Who May Apply For Warrant — Contents Of Application.
1.
Any Code Enforcement Officer, Police Officer, or attorney of
the City may make an application to the Municipal Judge for the issuance
of an administrative warrant.
2.
The application shall:
a.
Be in writing;
b.
State the time and date of the making of the application;
c.
Identify the property to be entered, inspected, or seized in
sufficient detail and particularity that the officer executing the
warrant can readily ascertain it;
e.
State facts sufficient to show probable cause for the issuance
of a warrant to enter the private property, including the specification
of the housing, zoning, health, or safety regulation sought to be
enforced;
f.
Be verified by the oath or affirmation of the applicant; and
g.
Be signed by the applicant and filed in the Municipal Court.
3.
The application may be supplemented by a written affidavit verified
by oath or affirmation. Such affidavit shall be considered in determining
whether there is probable cause for the issuance of a warrant and
in filling out any deficiencies in the description of the property
or place to be entered. Oral testimony shall not be considered. The
application may be submitted by facsimile or other electronic means.
D.
Hearing And Procedure — Contents Of Warrant — Execution,
And Return.
1.
Hearing And Procedure.
a.
The Municipal Judge shall determine whether probable cause exists
to enter the private property for the purposes noted herein and whether
all other requirements of this Section have been met.
b.
In determining probable cause the Municipal Judge shall determine
whether the action to be taken by the City is reasonable in light
of the facts stated. The Municipal Judge shall consider the goals
of the ordinance or Code Section sought to be enforced and such other
factors as may be appropriate, including, but not limited to, the
physical condition of the specified property, the age and nature of
the property, the condition of the area in which the property is located,
the known or suspected violation of any relevant City ordinance or
Code Section, the passage of time since the property's last inspection,
and the law, Statute or ordinance authorizing government entry onto
private property. The standard for issuing a warrant need not be limited
to actual knowledge of an existing violation of a City ordinance or
Code Section.
c.
If it appears from the application and any supporting affidavit
that there is probable cause to enter the private property for the
enforcement of the City's housing, zoning, health, and safety regulations
and that all other requirements of this Section have been met, a warrant
shall immediately be issued.
d.
The warrant shall issue in the form of an original and two (2)
copies, and the application, any supporting affidavit, and one (1)
copy of the warrant as issued shall be retained in the records of
the Municipal Court.
2.
Contents Of A Warrant. The warrant shall:
a.
Be in writing and in the name of the City;
b.
Be directed to any Police Officer in the City;
c.
State the time and date the warrant was issued;
d.
Identify the property to be entered in sufficient detail and
particularity that the officer executing the warrant can readily ascertain
it;
e.
Command that the described property be entered for one (1) or
more specified enforcement purposes as provided herein, identify the
regulation sought to be enforced, and direct that any evidence of
any suspected property violations be seized, recorded, abated, or
photographed, and a description of such property seized or evidence
taken, or a general description of abatement activities, be returned,
within ten (10) days after filing of the application, to the Clerk
of the Municipal Court, to be dealt with according to law;
f.
Be signed by the Judge, with his/her title of office indicated.
3.
Execution And Return.
a.
A warrant issued under this Section shall be executed only by
a City Police Officer, provided, however, that one (1) or more designated
City Officials may accompany the officer, and the warrant shall be
executed in the following manner:
b.
The warrant may be issued by facsimile or other electronic means.
c.
The warrant shall be executed by conducting the private property
entry as commanded and shall be executed as soon as practicable and
in a reasonable manner.
d.
The officer shall give the owner or occupant of the property
entered a copy of the warrant.
e.
Receipt of the property taken.
(1)
If any property is seized incident to the search,
the officer shall give the person from whose possession it was taken,
if the person is present, an itemized receipt for the property taken.
If no such person is present, the officer shall leave the receipt
at the site of the search in a conspicuous place.
(2)
A copy of the itemized receipt of any property
taken shall be delivered to an attorney for the City within two (2)
working days of the execution of the warrant.
(3)
Trash, junk, litter, garbage, discarded auto parts,
lawn waste, vegetative material which is taken as part of the abatement
of a nuisance may be discarded, sold, or recycled as determined by
the Code Enforcement Official, and any proceeds therefrom shall be
paid to the owner of the property, less the City's costs of abatement.
The disposition of any other property seized pursuant to a warrant
under this Section shall be in accordance with an applicable City
ordinance or Code Section, but in the absence of same, then with Section
542.301, RSMo.
4.
The officer may summon as many persons as he/she deems necessary
to assist him/her in executing the warrant.
5.
An officer executing an invalid warrant, the invalidity of which
is not apparent on its face, may use such force as he/she would be
justified in using if the warrant were valid.
6.
A warrant shall expire if it is not executed and the required
return made within ten (10) days after the date of the making of the
application.
7.
Return Requirements.
a.
After execution of the warrant, the warrant, with a return thereon
signed by the officer executing the warrant, shall be delivered to
the Municipal Court.
b.
The return shall show the date and manner of execution and the
name of the possessor and of the owner, when not the same person,
if known, of the property entered.
c.
The return shall be accompanied by any photographs, copies or
recordings made and by any property seized, along with a copy of the
itemized receipt of such property required by this Section; provided,
however, that seized property may be disposed of as provided herein,
and in such a case a description of the property seized shall accompany
the return.
d.
The Court Clerk, upon request, shall deliver a copy of the return
to the possessor and the owner, when not the same person, of the property
entered or seized.
E.
Warrant Invalid, When. A warrant shall be deemed invalid:
1.
If it was not issued by the Municipal Judge;
2.
If it was issued without a written application having been filed
and verified;
3.
If it was issued without sufficient probable cause in light of the goals of the ordinance to be enforced and such other factors as provided in Subsection (D)(1)(b) hereof;
4.
If it was not issued with respect to property in the City;
5.
If it does not describe the property or places to be entered,
inspected or seized with sufficient certainty;
6.
If it is not signed by the Judge who issued it;
7.
If it was not executed and the required return made within ten
(10) days after the date of the making of the application; or
8.
If it was not issued in compliance with this Section.
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.
Should the Municipal Judge determine that there shall be a Violations
Bureau, the City shall provide all expenses incident to the operation
of the same.
All warrants issued by a 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
in warrants in criminal cases.
The Chief of Police or other Police Officer of the City shall,
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.
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 Court Judge. Whenever
a defendant accused of a violation of a municipal ordinance has a
right to and demands such trial by jury, the Municipal Court shall
certify the case to the Presiding Judge of the Circuit Court for reassignment.
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 Judge hearing violations of the City's
ordinances. The salary or fees of the attorney and his/her necessary
expenses incurred in such prosecutions shall be paid by the City.
The compensation of such attorney shall not be contingent upon the
number of cases tried, the number of guilty verdicts reached, or the
amount of fines imposed or collected.
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 Court 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.
A.
If, in the progress of any trial before the 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 Court Judge of
the County.
B.
For purposes of this Section, any offense involving the operation
of a motor vehicle in an intoxicated condition as defined in Section
577.001, RSMo., shall not be cognizable in Municipal Court, if the
defendant has been convicted, found guilty, or pled guilty to two
(2) or more previous intoxication-related traffic offenses as defined
in Section 577.023, RSMo., or has had two (2) or more previous alcohol-related
enforcement contacts as defined in Section 302.525, RSMo.
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 by law to such Sheriff for the keeping of other
prisoners 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:
C.
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.
D.
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 the Municipal Judge, 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
Court Judge or upon assignment before an Associate Circuit Court 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.
In any case tried with a jury before an Associate Circuit Judge,
a record of the proceedings shall be made, and appeals may be had
upon that record to the appropriate Appellate Court.
In the case of a breach of any recognizance entered into before
a Municipal Judge or an Associate Circuit Court 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 Court
Judge or Associate Circuit Court 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 Municipal Treasury
to the General Revenue Fund of the municipality.
A Municipal Judge shall be disqualified to hear any case in
which he/she is in any way 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.
If the Municipal Judge or Provisional Judge be absent, sick
or disqualified from acting pursuant to the general administrative
authority of the Presiding Judge of the Circuit Court over the Municipal
Divisions within the circuit contained in Section 478.240, RSMo.,
a special Municipal Judge may be designated in accordance with the
provisions of Section 479.230, RSMo., until such absence or disqualification
shall cease.
A.
A person commits the offense of failure to appear in Municipal Court
if:
1.
He/she has been issued a summons for a violation of any ordinance
of the City of Kimberling City and fails to appear before the Judge
of the Municipal Court at the time and on the date on which he/she
was summoned, or at the time or on the date to which the case was
continued;
2.
He/she has been released upon recognition of bond and fails
to appear before the Judge of the Municipal Court at the time and
on the date on which he/she was summoned, or at the time or on the
date to which the case was continued;
3.
He/she has been placed on Court supervised probation and fails
to appear before the Judge of the Municipal Court at the time specified
by said Judge as a condition of the probation.
B.
Nothing in this Section shall prevent the exercise of the Municipal
Court of its power to punish for contempt.
[Ord. No. 532, 6-6-2023]
A.
It
is unlawful for any person or entity to knowingly: obstruct; resist;
oppose; provide false information to; lie to; fail to obey a lawful
command of; or mislead any Law Enforcement Officer, judicial employee,
Municipal Judge, City Prosecutor, Prosecutor's staff member, or other
public official of the City, who is in the performance of their official
duties.
B.
Any
person or entity violating this Section shall be punished by a fine
not exceeding five hundred dollars ($500.00) or by imprisonment of
up to ninety (90) days, or by both a fine and imprisonment; or by
the maximum allowed by State law.
