[Ord. No. 1187, 7-15-2025]
(a) 
The City Council of the City of Butler, Missouri find that it is in the best interests of the City that the City ordinance violations be heard and determined by a Bates County Associate Circuit Judge rather than a municipal court judge.
(b) 
Pursuant to Section 479.040, RSMo., the City Council elects that an Associate Circuit Judge of the Twenty Seventh Judicial District located in the City of Butler, County of Bates, shall hear and determine violations of ordinances of the City of Butler, Missouri.
(c) 
The City Attorney is authorized to request the presiding judge of the Circuit Court that an associate circuit judge commence hearing municipal ordinance violations sooner than six (6) months set forth in Section 479.040(2).2, RSMo.
[Code 1969, § 15.1-1; Ord. No. 492, § 1, 2-4-1992]
There is hereby established in this City a municipal court, to be known as the "Butler Municipal Court, a Division of the Twenty-Seventh 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."
[Code 1969, § 15.1-5; Ord. No. 492, § 1, 2-4-1992; Ord. No. 1185, 4-15-2025]
(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;
(2) 
Upon attaining his 75th birthday; or
(3) 
If he/she should lose their license to practice law in the state.
[Code 1969, § 15.1-6; Ord. No. 492, § 1, 2-4-1992; Ord. No. 1185, 4-15-2025]
(a) 
The municipal judge shall possess the following qualifications before he/she shall take office:
(1) 
Must be a licensed attorney, qualified to practice law within the state.
(2) 
Need not reside within the City.
(3) 
Must be a resident of the state.
(4) 
Must be between the ages of 21 and 75 years.
(5) 
Must not hold any other office within the City government.
(6) 
The municipal judge shall be considered holding a part-time position, and as such may accept other employment except as provided by the code of judicial conduct and the applicable state supreme court rules.
[Code 1969, § 15.1-7; Ord. No. 492, § 1, 2-4-1992; Ord. No. 1185, 4-15-2025]
(a) 
The municipal judge shall be and is hereby authorized to:
(1) 
Establish a traffic violations bureau as provided for in the Missouri Rules of Practice and Procedure in Municipal and Traffic Courts and § 479.050, RSMo.
(2) 
Administer oaths and enforce due obedience to all orders, rules and judgments 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) 
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. Any and all rules made or adopted hereunder may be annulled or amended by an ordinance limited to such purpose; provided, that such ordinance does not violate, or conflict with, the provisions of the Missouri Rules of Practice and Procedure in Municipal and Traffic Courts or state statutes.
(5) 
The municipal judge may, when in his/her judgement it may seem advisable, grant a parole or probation to any person who shall plead guilty or shall be convicted after trial before such judge. When a person is placed on parole or probation the judge may order conditions which he/she believes will serve to compensate the victim of the crime, any dependant of the victim or society in general. Such conditions may include, but are not limited to:
a. 
Restitution to the victim or a dependent of the victim.
b. 
Performance of a designated amount of free work for a charitable or public purpose. Any county, City, person, organization or agency, or employee of any such entity 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 if such cause or action arises from the supervision of performance, except for intentional torts or gross negligence. The services provided herein shall not be deemed to be employment on behalf of any such entity.
(6) 
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 any other ordinance of the City.
[Code 1969, § 15.1-25; Ord. No. 492, § 1, 2-4-1992; Ord. No. 519, § 8, 11-17-1992; Ord. No. 1185, 4-15-2025]
(a) 
The clerk of the municipal court shall be appointed by the Mayor. The duties of the municipal court clerk shall be as follows:
(1) 
To collect such fines for violations of such offenses as may be described, and the court costs thereof;
(2) 
To take oaths and affirmations;
(3) 
To accept signed complaints, and allow the same to be signed and sworn to or affirmed before him;
(4) 
Sign and issue subpoenas requiring the attendance of witnesses and sign and issue subpoenas duces tecum;
(5) 
Accept the appearance, waiver of trial and plea of guilty and payment of fine and costs in traffic violation bureau cases or as directed by the municipal judge; generally act as violation clerk of the traffic violations bureau;
(6) 
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;
(7) 
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.
[1]
Editor's Note: Ord. No. 1083, adopted 10-16-2018, repealed § 15-7, which pertained to the traffic violations bureau and derived from Code 1969, § 15.1-11, as amended.
[Code 1969, §§ 15.1-18, 15.1-26; Ord. No. 492, § 1, 2-4-1992; Ord. No. 588, § 1, 4-4-1995; Ord. No. 1080, § 1, 10-2-2018; Ord. No. 1083, § 2, 10-16-2018; Ord. No. 1185, 4-15-2025; Ord. No. 1188,[1] 8-5-2025]
(a) 
In addition to any fine that may be imposed by the municipal judge, provided that no such fee or surcharge shall be collected when the proceeding giving rise to the fee or surcharge has been dismissed or when costs are waived or paid by the City, county, or state, there shall be assessed as costs in all cases, the following:
(1) 
Clerk fee pursuant to COR 21.01(a)(5): $15;
(2) 
Crime victims' compensation fund surcharge pursuant to § 488.5339(1), RSMo., and § 595.045(6), RSMo.: $7.50;
(3) 
Peace officer standards and training (POST) ommission surcharge pursuant to § 5336(1), RSMo.: $1;
(4) 
Inmate prisoner detainee security fund surcharge pursuant to § 488.5026, RSMo.: $2;
(5) 
Law enforcement training fund surcharge pursuant to § 488.5336(1), RSMo.: $2; and
(6) 
Missouri Court Automation Fund surcharge pursuant to § 476.056, RSMo., and Supreme Court Operating Rule 21.01(a)(4): $7. Such costs shall be collected by the court administrator of the municipal court and dispersed at least monthly to the Missouri Court Automation Fund.
[1]
Editor's Note: The clerk fee assessed in each case by this ordinance shall be effective as of January 5, 2026.
[Code 1969, § 15.1-27; Ord. No. 492, § 1, 2-4-1992]
The costs of any action may be assessed against the prosecuting witness and judgment be rendered against him that he 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.
[Code 1969, § 15.1-28; Ord. No. 492, § 1, 2-4-1992; Ord. No. 588, § 2, 4-4-1995]
(a) 
The officials of the municipal court responsible for collecting court costs and fines shall transmit monthly to the City Treasurer, $2 in each court proceeding as provided in § 15-8(a)(2) to be used for the local training of police officers.
(b) 
The official of the municipal court responsible for collecting court costs and fine shall transmit monthly to the state treasury, $1 in each court proceeding as provided in § 15-8(a)(2) to be credited to the peace officer standards and training commission fund pursuant to provisions of RSMo § 590.140 and 590.178.
(c) 
The City shall use all funds received pursuant to § 15-8(a)(2) only to pay for police officer training as required by RSMo §§ 590.100 to 590.180 inclusive. The City shall not retain more than $1,500 of such funds for each certified law enforcement officer or candidate for certification employed by the City. Any excess funds shall be transmitted quarterly to the general revenue fund of the City.
[Ord. No. 780, § 1, 9-2-2003; Ord. No. 1185, 4-15-2025]
Upon a plea of guilty or a finding of guilty for any violation of a municipal ordinance involving alcohol or drug-related traffic offenses, the court may, in addition to imposition of any penalties provided by ordinance, order the convicted person to reimburse the police department which made the arrest for the costs associated with such arrest, including the cost of any chemical test to determine the alcohol or drug content of the persons' blood and the costs of processing, charging, booking and holding such person in custody.
[Ord. No. 948, 5-15-2012[1]; Ord. No. 1083, § 3, 10-16-2018]
(a) 
Every person who is committed to the common jail within any county or municipality in this state, by lawful authority, for any municipal ordinance violation, if he is convicted thereof, shall bear the expense of carrying him to the jail and also his support while in jail; and the property of such person shall be subjected to the payment of such expenses, and shall be bound therefore, from the time of his commitment and may be levied on and sold, from time to time, under the order of the court having jurisdiction in the county to satisfy such expenses.
(b) 
On and after April 30, 2018, the City of Butler, Missouri may charge a fee to each prisoner for each day he serves in a county facility or another municipal facility if that county or municipality shall bill the City for that prisoner's confinement. The initial schedule of charges for prisoner confinement shall be $2 per hour of custody, with a minimum charge of $10 per day, not to exceed $48 a day, but such charges may be modified and increased from time to time by agreement with the Bates County Sheriff's Department. The charge for imprisonment shall be levied against each prisoner so charged as an additional court cost. The cost of imprisonment shall include imprisonment upon a plea of guilty or a finding of guilty, as well as incarceration because the prisoner's probation has been revoked or because the prisoner has or allegedly has violated any condition of the prisoner's probation or if the prisoner is incarcerated upon a warrant from the police department in regard to any pending action before the municipal court.
(c) 
The City of Butler, Missouri shall contribute the court costs assessed pursuant to § 15-8(a)(5) to help contribute to the inmate security fund of Bates County. The City shall have an agreement with Bates County to collect those funds and direct them to the inmate security fund.
[1]
Editor's Note: This ordinance also repealed former § 15-12, which pertained to the same subject matter and derived from Ord. No. 780, adopted 9-2-2003, as amended.