[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.
MUNICIPAL COURT or MUNICIPAL DIVISION OF THE CIRCUIT COURT
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.
MUNICIPAL JUDGE or JUDGE OF THE MUNICIPAL DIVISION OF THE CIRCUIT COURT
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, § 150.090]
(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:
(1) 
Sentence the person to pay a fine as authorized by § 34.09(B);
(2) 
Suspend the imposition of sentence, with or without placing the person on probation; and/or
(3) 
Pronounce sentence and suspend its execution, placing the person on probation.
(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, § 150.130; 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.