[Prior Code, § 150.010]
For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
A division of the Circuit Court of the Circuit in which the
City is located, served by a Municipal Judge selected by the Board
of Aldermen pursuant to the requirements of the Charter and ordinances
of the City to have original jurisdiction to hear and determine all
violations against the ordinances of the City.
The person selected by the Board of Aldermen pursuant to
the requirements of the Charter and ordinances of the City to serve
as Judge of the Municipal Division of the Circuit Court.
[Prior Code, § 150.070; Ord. 11-4-13, passed 11-4-2013; Ord.
34.02.1, passed 3-7-2016]
(A)
In all cases where a conviction is had which is brought before the
Judge of the Municipal Court for violation of any of the ordinances
of the City the following costs shall be taxed:
(1)
Court costs for all traffic offenses and municipal violations:
$15;
(2)
In all cases where a conviction is had before the Municipal
Court, cost for the training of police officers: $2;
(3)
Court costs for training law enforcement officers, statewide
for all ordinance violations except non-moving traffic violations,
to be deposited with the treasury of the state, the Peace Officers
Standards and Training Commission Fund: $1;
(4)
Crime Victims Compensation Fund: $7.50;
(5)
Witness fees for witnesses residing outside of the City limits,
as certified by the prosecuting attorney or the Police Department:
$3 per day plus $0.555 per mile traveled;
(6)
Transportation fees for transporting defendant as a result of
arrest, warrant or extradition, as certified by the prosecuting attorney
of the Police Department: $3 per day plus $0.555 per mile traveled;
(7)
Alcohol or drug related traffic offenses. The Court may, in
addition to imposition of any penalties provided by law, order the
person to reimburse the Police Department for the costs associated
with such arrest; such costs shall include the reasonable costs of
making arrest, and including the costs of any chemical tests to determine
the alcohol or blood 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, however,
the Court may order the costs reduced if it determines the costs are
excessive;
(8)
If the City incurs costs as a result of utilizing equipment
owned and operated by the Sheriff's Department of the county,
such as a Breathalyzer, and the defendant is found guilty as charged,
then the Court may assess against the defendant the costs incurred
by the City;
(9)
If the defendant is found guilty as charged, and the City has
incurred or will incur incarceration fees from the Sheriff of the
county, or any other law enforcement agency or jail facility, then
such fees or costs shall be assessed against the defendant and shall
be paid by the defendant according to the order of the Municipal Judge;
(10)
If a defendant is required to receive hospital treatment for
any reason in connection with the defendant's arrest and there
are costs connected therewith, the defendant shall be responsible
and pay such costs as ordered by the Court;
(11)
If the defendant is charged and found guilty of an offense where
a victim has incurred medical expenses or property damage as a result
of the acts of the defendant, then the Court may order the defendant
to make restitution to the victim or victims in an amount as specified
by the Court;
(12)
In all cases where a conviction is had, an additional cost of
$2 per case for each municipal ordinance violation shall be assessed
for the purpose of providing operating expenses for shelters of battered
persons. Sums collected under this section shall be forwarded to the
County Treasurer at least monthly. The judge may waive assessment
of the cost in those cases where the defendant is found by the judge
to be indigent and unable to pay the costs;
(13)
For sheriff's retirement system as required pursuant to
RSMo. § 57.955: $3;
(14)
For Inmate Security Fund pursuant to RSMo. § 488.5026:
$2; and
(15)
For Court Automation Fund: $7.
(B)
Waiver. The judge may waive assessment of the costs in those cases
where the defendant is found by the judge to be indigent and unable
to pay the costs.
(C)
Payment of fine and costs on installment basis. When a fine is assessed
for violation of any ordinance, it shall be within the discretion
of the Judge assessing the fine and costs to provide for the payment
of the fine and costs on an installment basis under such terms and
conditions he or she may deem appropriate.
(D)
Driving school. The Municipal Court may, in connection with the disposition
of any offense which is a "point offense" resulting in the assessment
of up to four points by the State Director of Revenue under the provisions
of RSMo. § 302.302(1), (2), or (4), order the staying of
the assessment of points upon satisfactory completion of a driver
improvement program approved by the State by the State Director of
the Department of Public Safety, as provided by RSMo. § 302.302.4.
(E)
Policeman or other officer as witness. In prosecution before the
Municipal Judge for violations arising under ordinances of the City,
any policeman or other executive officer shall be a competent witness
in the case; but no such policeman or executive officer shall be entitled
to any witness fee in such case. Officers shall attend upon as witnesses
against persons whom they have caused to be arrested, without being
summoned to do so; and, upon their failure to appear at the time of
trial, may be attached and punished for contempt as witnesses summoned.
[Prior Code, § 150.080]
The provisions of RSMo. Chapter 542 shall govern procedure in
searches and seizures.
[Prior Code, § 150.090]
(A)
Any person charged with an offense for which payment of a fine may
be made to the Municipal Court Clerk shall have the option of paying
such fine within the time specified in the notice of arrest to the
Municipal Court Clerk upon entering a plea of guilty and upon required
lawful bail and upon a plea of not guilty shall be entitled to a trial
as authorized by law.
(B)
The payment of a fine to the Clerk shall be deemed an acknowledgment
of conviction of the alleged offense, and the Clerk, upon accepting
the prescribed fine, shall issue a receipt to the violator acknowledging
payment thereof.
[Prior Code, § 150.100]
In the event the form of citation provided under § 70.60
includes information and is sworn to as required under the general
laws of this state in respect to a complaint charging commission of
the offense alleged in said citation to have been committed, then
such citation when filed with a court having jurisdiction shall be
deemed to be a lawful complaint for the purpose of prosecution.
[Prior Code, § 150.110]
(A)
Every person found guilty of an offense shall be dealt with by the
court in accordance with the provisions of this chapter.
(B)
Whenever any person has been found guilty of an ordinance violation
the Court shall make one or more of the following dispositions of
the offender in any appropriate combination. The Court may:
(1)
Sentence the person to a term of imprisonment as authorized
by § 34.09(A);
(2)
Sentence the person to pay a fine as authorized by § 34.09(B);
(3)
Suspend the imposition of sentence, with or without placing
the person on probation;
(4)
Pronounce sentence and suspend its execution, placing the person
on probation; and/or
(5)
Impose a period of detention as a condition of probation, as
authorized by RSMo. § 559.026.
(C)
Whenever any person has been found guilty of an infraction, the Court
shall make one or more of the following dispositions of the offender
in any appropriate combination. The Court may:
(D)
This section shall not be construed to deprive the Court of any authority
conferred by law to decree a forfeiture of property, suspend or cancel
a license, remove a person from office or impose any other civil penalty.
An appropriate order exercising such authority may be included as
part of any sentence.
[Prior Code, § 150.120]
Violations of ordinances of the City are ordinance violations,
unless specifically stated to be an infraction.
[Prior Code, § 150.130; Prior Code, § 150.140]
(A)
Sentence of imprisonment and terms for all ordinance violations unless
specified in said ordinance, shall be governed by limits and terms
set forth in RSMo. § 79.470 as revised.
(B)
Fines for all ordinance violations unless specified in said ordinance,
shall be governed by limits and terms set forth in RSMo. § 79.470,
as revised.
[Prior Code, § 150.150; Penalty, see § 10.99]
Any person having been served a lawful summons of the court
or citation of a police officer who is required to appear in court
on a date and time certain and who then fails to appear is guilty
of an ordinance violation, except in the case of minor traffic violations
as defined by RSMo. § 479.350.
[Prior Code, § 150.020]
(A)
The Mayor, with the approval and consent of the Board of Aldermen,
may select and appoint a Municipal Judge to act as judge for the City,
and that said person appointed as Municipal Judge shall serve for
a term of two years from the date of his or her appointment or until
he or she resigns, or until his or her resignation shall be demanded
by the Mayor.
(B)
No person shall be eligible to the office of Municipal Judge unless
he or she is a citizen of the United States and over the age of 25
years, and has been admitted to practice law in the state.
(C)
The Board of Aldermen hereby appoints the duly assigned municipal
judge of the Circuit Court of Lincoln County, Missouri, to serve as
the Municipal Judge for the City of Hawk Point, Missouri.
[Added Ord. 34.25(C), passed 3-15-2018]
[Prior Code, § 150.030; Prior Code, § 150.040]
(A)
The Municipal Court of the City shall be held and presided over by
the Municipal Judge of the City.
(B)
The Municipal Judge shall be a conservator of the peace, and shall
have exclusive original jurisdiction to hear and determine all offenses
against the ordinances of the City.
(C)
He or she shall keep a docket in which he or she shall enter every
case commenced before him or her and the proceeding therein and he
or she shall keep such other records as required. Such docket and
record shall be records of the Circuit Court. The Municipal Judge
shall deliver said docket and records and all books and papers pertaining
to his or her office to his or her successor in office or to the Presiding
Judge of the circuit. The Municipal Judge shall state in his or her
docket the name of the complainant, the nature or character of the
offense, the date of the trial, the finding of the court or jury,
the judgment or fines and costs, the date of payment, if any, the
date of issuing commitment, if any and all other facts necessary to
show the full proceedings in each case.
(D)
He or she shall have the power to administer oaths and enforce due
obedience to all orders, rules and judgments made by him or her, and
may fine or imprison for contempt committed before such Judge while
holding court, in the same manner and to the same extent as a circuit
judge, subject to and pursuant to Rule 37 of the Missouri Rules of
Court.
[Prior Code, § 150.050]
All fines, penalties and forfeitures arising out of violations
of ordinances of the City shall be deposited in the General Fund of
the City. The Court shall keep a separate account for bonds deposited
with the Court. Such reports shall be public records.
