[Ord. No. 8412, 9-27-2021]
A.
Pursuant
to the provisions of Section 479.040 of the Revised Statutes of the
State of Missouri, the City Council has elected to have the violations
of its municipal ordinances heard and determined by an Associate Circuit
Judge of the 4th Judicial Circuit.
B.
The
City Clerk and City Court Clerk are authorized to take all actions
necessary to transfer the City of Maryville's Municipal Court to the
4th Judicial Associate Circuit Court and effectuate the transfer of
the City of Maryville's Municipal Division cases to be heard in the
Nodaway County Associate Circuit Court.
C.
The
clerk fee for all City of Maryville ordinance violations heard and
determined by the Associate Circuit Court shall be increased from
the sum of twelve dollars ($12.00) to the sum of fifteen dollars ($15.00).
This increase will be effective upon the completion of the transfer
of the Municipal Court cases to the Associate Circuit Court.
D.
There
shall be assessed for all City of Maryville ordinance violations heard
and determined by the Associate Circuit Court a Court Automation Fee
("CAF") in the amount of seven dollars ($7.00). This fee will be effective
upon the completion of the transfer of the Municipal Court cases to
the Associate Circuit Court.
E.
The
provisions of this Section shall supersede any conflicting provisions
contained within the City of Maryville's Code of Ordinances.
[R.O. 2008 §115.010; Ord. No. 4882 §1, 5-14-1990]
There is hereby established in this City a Municipal Court,
to be known as the "Maryville Municipal Court, a Division
of the Fourth 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 "Municipal
Court".
Violations of municipal ordinances shall be heard and determined
only before divisions of the Circuit Court. "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.
[R.O. 2008 §115.030; Ord. No. 4882 §1, 5-14-1990]
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.
[R.O. 2008 §115.040; Ord. No. 4882 §1, 5-14-1990]
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/her position by the City Council, for a term as specified herein.
[R.O. 2008 §115.050; Ord. No. 4882 §1, 5-14-1990]
The Municipal Judge shall hold his/her office for a period of
not less than two (2) years and shall take office biannually. If for
any reason a Municipal Judge vacates his/her office, his/her successor
shall complete the term of office, even if the same be for less than
two (2) years.
[R.O. 2008 §115.060; Ord. No. 4882 §1, 5-14-1990]
A.
The
Municipal Judge shall vacate his/her 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/her seventy-fifth (75th) birthday; or
3.
If he/she is not licensed to practice law in the State of Missouri,
and if he/she has served as Municipal Judge of the City for at least
three (3) years prior to January 2, 1979, then if he/she should fail,
within six (6) months of his/her selection, to satisfactorily complete
a course of instruction for Municipal Judge as prescribed by the State
Supreme Court; or
4.
If he/she is licensed to practice law in the State of Missouri, then
if he/she should lose his/her license to practice law within the State
of Missouri.
5.
The Municipal Judge may be removed from office upon appropriate action
of the City Council, for causes related to conviction of a felony
or maleficence.
[R.O. 2008 §115.070; Ord. No. 4882 §1, 5-14-1990]
A.
The
Municipal Judge shall possess the following qualifications before
he/she shall take office:
1.
He/she must be a resident of the State of Missouri.
2.
He/she must be between the ages of twenty-one (21) and seventy-five
(75) years.
3.
He/she may serve as Municipal Judge for any other municipality.
4.
He/she must not hold any other office within the City Government.
5.
He/she must either:
a.
Be licensed to practice law within the State of Missouri, or
b.
Have been Municipal Judge of this City for at least three (3) years
immediately prior to January 2, 1979, and he/she must, within six
(6) months after his/her selection to the position, satisfactorily
complete a course of instruction for Municipal Judges as prescribed
by the State Supreme Court.
6.
The Municipal Judge shall be considered 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.
[R.O. 2008 §115.080; Ord. No. 4882 §1, 5-14-1990]
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.
[R.O. 2008 §115.090; Ord. No. 4882 §1, 5-14-1990; Ord. No. 5186 §1, 2-14-1994]
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
or the Municipal Judge. This report will be filed with the City Clerk,
who shall thereafter forward the same to the City Council for examination
at its 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.
[R.O. 2008 §115.100; Ord. No. 4882 §1, 5-14-1990]
A.
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 Nodaway County. The Municipal Judge shall
deliver the docket and the records of the Municipal Court, and all
books and papers pertaining to his/her office, to his/her 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 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 judgments made by him, 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.
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. 7399 §1, 2-27-2012]
A.
A substitute Municipal Judge for the City's Municipal Court shall
be appointed by the City Council for a term as specified herein.
B.
The term of office, reasons to vacate the office, and qualifications
of office shall be the same as those of the Municipal Judge.
C.
The substitute Municipal Judge shall have all the duties and powers of the Municipal Judge as described in Section 115.100 of the Municipal Court.
D.
The substitute Municipal Judge shall be paid on an hourly basis at
the same rate as the Municipal Judge.
[R.O. 2008 §115.110; Ord. No. 4882 §1, 5-14-1990]
The Missouri Rules of Civil Procedure and Practice promulgated
by the State Supreme Court for Municipal and Traffic Courts are hereby
adopted for the use of the Municipal Court.
[R.O. 2008 §115.120; Ord. No. 4882 §1, 5-14-1990]
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. The City Manager shall designate a Traffic Violations
Clerk for said Bureau if established.
[R.O. 2008 §115.130; Ord. No. 4882 §1, 5-14-1990]
All warrants issued by a Municipal Judge shall be directed to
a member of the Department of Public Safety, or to the Sheriff of
the County. The warrant shall be executed by the member of the Department
of Public Safety 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.
[R.O. 2008 §115.140; Ord. No. 4882 §1, 5-14-1990]
A member of the Department of Public Safety 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.
[R.O. 2008 §115.150; Ord. No. 4882 §1, 5-14-1990]
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.
[R.O. 2008 §115.155; Ord. No. 5564 §1, 7-28-1997]
A.
It
shall be unlawful for any person who has been released upon recognizance
or bond to willfully fail to appear before any Court or any Judicial
Officer as required.
B.
The
punishment for violation of this Section shall be in addition to the
forfeiture of any security which was given or pledged for the person's
release.
C.
Nothing
in this Section shall prevent or limit any Court's exercise of its
power to punish for contempt.
[R.O. 2008 §115.160; Ord. No. 4882 §1, 5-14-1990; Ord. No. 6603 §§1 — 2, 11-24-2003]
A.
Appointment. The City's Prosecuting Attorney shall be appointed
by the City Manager for an indefinite term, subject to confirmation
of the City Council.
B.
Duties. The duties of the City's Prosecuting Attorney shall
be as follows:
1.
Represent and defend the City on all actions in Municipal Court.
2.
Prosecute all cases on behalf of the City when Municipal Court cases
are transferred from Municipal Court because of jury trial demand,
change of Judge or other procedure.
3.
Represent the City on all appeals taken from an action commenced
in Municipal Court.
4.
Give legal advice to Law Enforcement Officers, Mayor, members of
the City Council, City Manager and City Clerk in connection with prosecutions
or potential prosecutions for violations of City Code.
5.
Perform all such other ministerial duties as may be prescribed by
ordinance or ordered by the City Council or City Manager.
C.
Compensation. Compensation of the Prosecuting Attorney for
all legal services shall be established at an hourly rate by the City
Manager.
[R.O. 2008 §115.170; Ord. No. 4882 §1, 5-14-1990]
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/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.
[R.O. 2008 §115.180; Ord. No. 4882 §1, 5-14-1990]
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/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 Judge within the
County.
[R.O. 2008 §115.190; Ord. No. 4882 §1, 5-14-1990]
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 said Judge.
[R.O. 2008 §115.200; Ord. No. 4882 §1, 5-14-1990]
A.
When
the Municipal Judge is one who is not licensed to practice law within
the State of Missouri, the defendant shall have a right to a trial
de novo, even from a plea of guilty, 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 judgment and
shall be filed in such form and perfected in such manner as provided
by Supreme Court Rules.
B.
When
the Municipal Judge is one who is licensed to practice law within
the State of Missouri, then 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 judgment and shall be filed in such form and perfected
in such manner as provided by Supreme Court Rules.
[R.O. 2008 §115.210; Ord. No. 4882 §1, 5-14-1990]
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.
[R.O. 2008 §115.220; Ord. No. 4882 §1, 5-14-1990; Ord. No. 5186 §1, 2-14-1994]
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.
[R.O. 2008 §115.230; Ord. No. 4882 §1, 5-14-1990]
Whenever the Director of Public Safety 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/she shall endorse thereon the amount
of money or other property in his/her 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 Director of Public Safety 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 common
Council in open session, which facts must be stated in the certificate
of the Director of Public Safety, or order of the Mayor releasing
the prisoner.
[R.O. 2008 §115.240; Ord. No. 4882 §1, 5-14-1990]
The Director of Public Safety 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 Director of Public Safety of the amount
due on any such execution, or when such prisoner shall be otherwise
legally entitled to a discharge, the Director of Public Safety shall
certify that fact to the Sheriff of the County or other official charged
with custody who shall thereupon discharge the prisoner named therein.
[R.O. 2008 §115.250; Ord. No. 4882 §1, 5-14-1990]
Whenever a Public Safety Officer of the City appears as a witness
in Court during his/her 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 for contempt.
[R.O. 2008 §115.260; Ord. No. 4882 §1, 5-14-1990]
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/her 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.
[R.O. 2008 §115.270; Ord. No. 4882 §1, 5-14-1990]
A Municipal Judge shall be disqualified to hear any case in
which he/she is in anywise 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.
[R.O. 2008 §115.280; Ord. No. 4882 §1, 5-14-1990]
A.
The
City Manager 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 Violations Bureau cases or as directed
by the Municipal Judge; generally to act as Violation Clerk of the
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.
[R.O. 2008 §115.290; Ord. No. 4882 §1, 5-14-1990; Ord. No. 5189 §1, 2-14-1994; Ord. No. 5565 §1, 7-28-1997]
There shall be assessed as general Court costs, the sum of twelve
dollars ($12.00) per case for each municipal ordinance case initially
filed before the Municipal Judge. Said costs shall be in addition
to service costs, witness fees, training costs, Crime Victims' Compensation
Fund judgment, jail costs or any other costs or assessments which
may be otherwise authorized by municipal ordinance or State law. These
general Court costs shall be collected by the Court in the same manner
as other costs and fees, and remitted to the City Treasurer for dispersal
in accordance with City ordinance and State law.
[R.O. 2008 §115.291; Ord. No. 5184 §1, 2-14-1994; Ord. No. 5487 §1, 12-16-1996]
In addition to any fine or other costs, there shall be assessed
as Court costs the sum of three dollars ($3.00) per case, for each
municipal ordinance case filed before the Municipal Judge of the City
of Maryville, Missouri, said amount to be collected pursuant to Section
488.5336, RSMo., related to training. It is, provided however, that
no such fee shall be collected for non-moving traffic violations,
nor shall the same be collected in any case when the proceedings or
defendant has been dismissed by the Court. 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.
Two dollars ($2.00) of said sum shall be transmitted monthly to the
City Treasurer to be used for the training of Peace Officers. One
dollar ($1.00) of said sum shall be deposited with the Treasurer of
the State of Missouri in the Peace Officer Standards and Training
Commission Fund, to be used Statewide for the training of Peace Officers.
[R.O. 2008 §115.292; Ord. No. 5184 §1, 2-14-1994; Ord. No. 6416 §1, 10-22-2001]
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 488.5339, 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 to
the City Treasurer for disbursal in accordance with City ordinance
and State law.
[R.O. 2008 §115.293; Ord. No. 5184 §1, 2-14-1994]
Upon a plea of guilty, finding of guilt or conviction for violation of any provisions of the Municipal Code of the City of Maryville, Missouri, for any alcohol or drug related offenses, including violation of Chapter 342 of the Municipal Code, 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 such arrest. Such costs shall include the reasonable costs of making the arrest, including the costs of any chemical test to determine the alcohol or drug content of the persons blood, the cost of processing, charging, booking and holding such person in custody. Law Enforcement Officials 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 schedule of costs is excessive, given the circumstances of the case or for good cause shown. These fees 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 to the City Treasurer for disbursal in accordance with City ordinance and State law.
[R.O. 2008 §115.294; Ord. No. 5595 §1, 10-27-1997]
A.
There is hereby established a Judicial Education Fund to be maintained in an account under the control of the Municipal Court. Municipal Court is authorized to retain one dollar ($1.00) from the fees collected, pursuant to Section 115.290.
C.
The
Municipal Court may not retain more than one thousand five hundred
dollars ($1,500.00) in the fund for each Judge, Administrator or Clerk
of the Municipal Court. All sums in excess of that amount shall be
transmitted quarterly to the General Revenue Fund of the City of Maryville,
Missouri.
[R.O. 2008 §115.295; Ord. No. 5181 §1, 1-10-1994; Ord. No. 6772 §§1 — 2, 8-8-2005]
In addition to any fine or other court costs that may be imposed,
there shall be assessed as costs against any defendant, an amount
equal to the expenses associated with incarceration served by the
defendant by order of the Municipal Judge or Circuit Judge on any
case involving violation of ordinances of the City of Maryville. The
assessed costs of incarceration shall include the amount charged to
the City of Maryville by the incarceration entity for the term of
incarceration of said defendant, as well as all other costs associated
therewith including any costs of transportation and costs associated
with obtaining the defendant's appearance before the Court and/or
returning defendant to the incarceration facility.
[Ord. No. 7707 §1, 1-12-2015; Ord.
No. 8472, 4-11-2022]
In addition to any fine or other costs, there shall be assessed
as Court costs the sum of four dollars ($4.00) per case, for each
municipal ordinance case filed before the Municipal Judge of the City
of Maryville, Missouri, said amount to be collected pursuant to Section
488.607, RSMo., related to the operations of the North Star Advocacy
Center, located in Maryville, Nodaway County, Missouri. It is, provided,
however, that no surcharge shall be collected when the proceeding
or defendant has been dismissed by the Court, when costs are waived,
or when costs are paid by the City. 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.
The surcharge shall be transmitted monthly to the North Star Advocacy
Center, Maryville, Nodaway County.
[Ord. No. 7117 §1, 5-11-2009]
A.
A two
dollar ($2.00) surcharge per case for such municipal ordinance violations
for the purpose of providing operating expenses for an Inmate Security
Fund is established pursuant to Section 488.5026, RSMo.
1.
The judge in such cases may waive the assessment of this surcharge
in those cases where the defendant is found by the judge to be indigent
and unable to pay the cost.
2.
Such surcharge shall be collected by the Clerk of the Municipal Court
and dispersed to the City at least monthly.
3.
Such surcharge shall not be assessed against the defendant when any
proceeding or defendant has been dismissed.
[Ord. No. 7345 §1, 7-25-2011]
In addition to any fine or other costs, there shall be assessed
as Court costs the sum of seven dollars ($7.00) per case, for each
municipal ordinance case filed before the Municipal Judge of the City
of Maryville, Missouri, said amount to be collected for services relating
to the Justice Information System implementation process. No surcharge
shall be collected when the proceeding or defendant has been dismissed
by the Court, when costs are waived, or when costs are paid by the
City. Such surcharge shall be collected by the Municipal Court and
transmitted monthly to the Missouri Director of Revenue to the credit
of the Missouri Statewide Court Automation Fund, as provided in Sections
488.012.3(5) and 488.027.2, RSMo.
[Ord. No. 7890, 9-14-2016]
A fee of three dollars ($3.00) shall be assessed for the Sheriff's
Retirement Fund established by the State, except any proceeding when
the proceeding of a Defendant has been dismissed by Court.
[R.O. 2008 §115.300; Ord. No. 4882 §1, 5-14-1990]
The costs of any action may be assessed against the prosecuting
witness and judgment be rendered against him/her that he/she 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.
[R.O. 2008 §115.310; Ord. No. 4882 §1, 5-14-1990]
When a fine is assessed for violating an ordinance, it shall
be within the discretion of the Judge assessing the fine to provide
for the payment of the fine on an installment basis under such terms
and conditions as he/she may deem appropriate.
[Ord. No. 7896, 9-28-2016]
A.
The Municipal Judge for the City of Maryville or the person performing
the duties of the Municipal Judge may order any person who has been
convicted, or has received a suspended imposition of sentence for
violating an ordinance of the City of Maryville, whether the original
punishment be by fine or imprisonment, or both, to perform alternative
community service, as defined in this Section, as a condition of probation
or in lieu of a fine or imprisonment, or both.
B.
Alternative community service may consist of:
1.
Service on the public streets, highways and alleys or other
public works or buildings or public grounds of the City of Maryville,
and/or
2.
Such other service for a charitable, religious or educational
organization or entity as may be approved and authorized by the Municipal
Judge for the City of Maryville or authorized by resolution of the
City Council.
C.
If the alternative community service determined by the Municipal Judge for the City of Maryville is pursuant to Subsection (A), herein above, the Chief of Police or other officer of the City of Maryville, as may be authorized by resolution of the City Council, is hereby authorized, empowered and directed to assign work to and supervise all persons ordered to perform alternative community service by the Municipal Judge.
D.
The Municipal Judge may determine the number of hours of alternative
community service that a person shall perform under this Section.
E.
If alternative community service is ordered by the Municipal Judge
for the City of Maryville, the defendant shall not be required to
pay additional fees or costs for participation in the alternative
community service.
F.
The authority granted in this Section shall be subject to the provisions
of Section 559.021 of the Revised Statutes of the State of Missouri.
[R.O. 2008 §115.320; Ord. No. 4882 §1, 5-14-1990]
A.
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".
B.
Any
person who shall be convicted of a misdemeanor under the provisions
of any ordinance of the City in cases where no penalty is otherwise
provided or prescribed, may be fined or imprisoned, or both, in the
discretion of the Court before whom conviction may be had, but no
fine or penalty shall exceed five hundred dollars ($500.00) or imprisonment
to exceed three (3) months.
C.
In
any ordinance the doing of an act or omission to do any act or duty
is declared to be a breach thereof and there shall be no fine or penalty
defined or declared for such breach, any person who shall be convicted
of any such breach may be fined or imprisoned, or both, in the discretion
of the Court before whom conviction may be had, but no fine or penalty
shall exceed five hundred dollars ($500.00) nor imprisonment to exceed
three (3) months.
[R.O. 2008 §115.330; Ord. No. 6380 §1, 6-13-2001; Ord. No. 6417 §1, 10-22-2001]
A.
Administrative Search Warrants.
1.
An administrative search warrant is a written order of the Municipal
Court Judge commanding the search or inspection of any property, place
or thing and the seizure, photographing, copying or recording of property
or physical conditions found thereon or therein to determine or prove
the existence of any ordinance or code violation of the City of Maryville
relating to the use, condition or occupancy of property or structures
located within the City of Maryville or to enforce the provisions
of any such ordinance or code Section.
2.
The Municipal Judge having original and exclusive jurisdiction to
determine violations against the ordinance of the municipality may
issue an administrative search warrant when the property or place
to be searched or inspection of the thing to be seized is located
within the City limits of the City of Maryville at the time of the
making of the application and the owner or occupant of the property
or place to be searched or inspection of the thing to be seized has
refused to allow same after an official request.
3.
Any such warrant shall be directed to the Director of Maryville Public
Safety or any other Law Enforcement Officer of the City of Maryville
and shall be executed within the City limits of the City of Maryville.
B.
Application Procedures.
1.
The City Attorney of the City of Maryville, the City Prosecuting
Attorney for the City of Maryville or any law enforcement office of
the City of Maryville may make application to the Municipal Court
Judge for the issuance of an administrative search 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 or places to be entered, searched, inspected
or seized in sufficient detail and particularly that the officer executing
the warrant can readily ascertain it;
d.
State that the owner or occupant of the property or places to be
entered, searched, inspected or seized has been requested by the City
of Maryville to allow such action and has refused to allow such action;
e.
State facts sufficient to show probable cause for the issuance of
a search warrant as provided herein to search or inspect for violations
of an ordinance or code Section specified in the application or show
that entry or seizure is authorized and necessary to enforce an ordinance
or code Section specified in the application and that any required
due process has been afforded prior to the entry or seizure;
f.
Be verified by the oath or affirmation of the applicant; and
g.
Be signed by the applicant and filed with the Maryville Municipal
Division of the Circuit Court of Nodaway County, Missouri.
C.
Search Warrant Hearing Procedure.
1.
The Municipal Judge shall hold a non-adversary hearing to determine
whether probable cause exists to inspect or search for violations
of any City of Maryville ordinance or code Section or to enforce any
such ordinance or code Section.
2.
In doing so, the Municipal Judge shall determine whether the action
to be taken by the City of Maryville 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
violation of any relevant Maryville ordinance or code Section and
the passage of time since the property's last inspection. The standard
for issuing a warrant need not be limited to actual knowledge of an
existing violation of a Maryville ordinance or code Section.
3.
If it appears from the application and any supporting affidavit that
there is probably cause to inspect or search for violations of any
City of Maryville ordinance or code Section or to enforce any such
ordinance or code Section, a search warrant shall immediately be issued.
4.
The application, any supporting affidavit and one (1) copy of the
warrant as issued shall be retained in the records of the Municipal
Court.
D.
Contents Of Search Warrant. The search warrant shall:
1.
Be in writing and in the name of the City of Maryville;
2.
Be directed to any Law Enforcement Officer of the City of Maryville;
3.
State the time and date the warrant was issued;
4.
Identify the property or places to be searched, inspected or entered
upon in sufficient detail and particularity that the Law Enforcement
Officer executing the warrant can readily ascertain it;
5.
Command that the described property or places be searched or entered
upon and that any evidence of any Maryville ordinance violations found
therein or thereon, or any property seized pursuant thereto, or a
description of such property seized be returned within ten (10) days
after filing of the application to the Municipal Judge who issued
the warrant, to be dealt with according to law;
6.
Be signed by the Judge with his/her title of office indicated.
E.
Search Warrant Execution And Return.
1.
A search warrant issued under this Section shall be executed only
by a Maryville Law Enforcement Officer. It is provided, however, that
one (1) or more designated officials including Code Enforcement Officers,
employees of the Maryville Department of Public Works or other appropriate
individuals may accompany the Law Enforcement Officer, and the warrant
shall be executed in the following manner:
a.
The warrant shall be executed by conducting the search, inspection,
entry or seizure as commanded and shall be executed as soon as practicable
and in a reasonable manner.
b.
The officer shall give the owner or occupant of the property searched,
inspected or entered upon a copy of the warrant.
c.
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.
d.
A copy of the itemized receipt of any property taken shall be delivered
to the City Attorney or City Prosecuting Attorney within two (2) working
days of the search.
e.
The disposition of property seized pursuant to a search warrant under
this Section shall be in accordance with an applicable Maryville ordinance
or code Section, but in the absence of same, then with Section 542.301,
RSMo.
2.
The officer may summon as many persons as he/she deems necessary
to assist him/her in executing the warrant, and such persons shall
not be held liable as a result of any illegality of the search and
seizure.
3.
An officer making a search pursuant to 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.
4.
A search 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.
5.
After execution of the search warrant, the warrant, with a return
thereon signed by the officer making the search, shall be delivered
to the Municipal Court. The return shall show the date and manner
of execution and, if known, the name of the possessor and of the owner,
when not the same person of the property or places searched or seized.
6.
Upon request, the Court Clerk, shall deliver a copy of the return,
to the possessor and the owner, when not the same person of the property
searched or seized.
F.
Invalidity Of Search Warrant. A search warrant executed
under this Section shall be held to be invalid in the following circumstances:
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
herein;
4.
If it was not issued with respect to property or places in the City
of Maryville.
