Missouri
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City of Clarkson Valley Missouri |
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Cross References-Police department, ch. 200; alcoholic beverages, ch. 600; motor vehicles and traffic, Title III; offenses and miscellaneous provisions, ch. 210.
There is hereby established for this City a Municipal Court, to be known as the Clarkson Valley Municipal Court, a Division of the 21st Judicial Circuit Court of the State of Missouri. This Court is a continuation of the court of the City as previously established and is termed herein "the Municipal Court." (CC 1990 §11-1; Ord. No. 90-3 §2, 3-6-90)
The jurisdiction of the Municipal Court shall extend to all cases involving alleged violations of the ordinances of the City. (CC 1990 §11-2; Ord. No. 90-3 §2, 3-6-90)
The Judge of the City's Municipal Court shall be known as a Municipal Judge of the 21st Judicial Circuit Court, and shall be appointed to his/her office by the Mayor, subject to the confirmation of the Board of Aldermen. (CC 1990 §11-3; Ord. No. 90-3 §2, 3-6-90)
The Municipal Judge shall hold his/her office for a period of two (2) years and shall take office biannually from May 1, 1991. 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. The first Municipal Judge shall serve for a term commencing with his/her appointment and terminating May 1, 1991. (CC 1990 §11-4; Ord. No. 90-3 §2, 3-6-90)
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 of the Revised Statutes of Missouri.
2. Administer oaths and enforce due obedience to all orders, rules and judgements made by him, and may fine and imprison for contempt 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 shall have such other powers, duties and privileges as are or may be prescribed by the laws of this State, this Chapter or other ordinances of this City. (CC 1990 §11-5; Ord. No. 90-3 §2, 3-6-90)
In addition to removal pursuant to Section 479.220 of the Revised Statutes of Missouri, the Municipal Judge shall vacate his/her office during his/her term of 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/her seventy-fifth (75th) birthday;
3. If he/she should lose his/her license to practice law within the State; or
4. If he/she should resign. (CC 1990 §11-6; Ord. No. 90-3 §2, 3-6-90)
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.2. He/she need not reside within the City.
3. He/she must be a resident of the State.
4. He/she must be between the ages of twenty-one (21) and seventy-five (75) years.
5. He/she may serve as Municipal Judge for any other municipality.
6. He/she may not hold any other office within the City Government.
7. 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. (CC 1990 §11-7; Ord. No. 90-3 §2, 3-6-90)
The Municipal Judge of the City shall receive per month a sum as established by the Board of Aldermen from time to time as compensation for the duties of such office. (CC 1990 §11-8; Ord. No. 90-3 §2, 3-6-90)
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 such Court shall obey his/her directives. (CC 1990 §11-9; Ord. No. 90-3 §2, 3-6-90)
The Municipal Judge shall cause to be prepared within the first ten (10) days of every month a report indicating the following:
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 Board of Aldermen of the City for examination at its first (1st) session thereafter. The Municipal Court shall, within the ten (10) days after the first (1st) of the month, pay to the Municipal Treasurer the full amount of all fines collected during the preceding month, if they have not previously been paid. (CC 1990 §11-10; Ord. No. 90-3 §2, 3-6-90)
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 the County. The Municipal Judge shall deliver the docket and 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. (CC 1990 §11-11; Ord. No. 90-3 §2, 3-6-90)
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 Clerk is hereby designated as the Violations Clerk for such Bureau, if established. (CC 1990 §11-12; Ord. No. 90-3 §2, 3-6-90)
All warrants issued by a Municipal Judge shall be directed to the City Marshal (Chief of Police) or any other Police Officer of the municipality or to the Sheriff of the County. The warrant shall be executed by the Marshal (Chief of Police), Police Officer or Sheriff 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. (CC 1990 §11-13; Ord. No. 90-3 §2, 3-6-90)
The City Marshal (Chief of Police) or other Police Officer of the City may, 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. (CC 1990 §11-14; Ord. No. 90-3 §2, 3-6-90)
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 479.150, Revised Statutes of Missouri. (CC 1990 §11-15; Ord. No. 90-3 §2, 3-6-90)
It shall be the duty of an attorney designated by the City to prosecute the violations of the City's ordinances before the Municipal Judges or before the Associate Circuit Judges hearing the 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. (CC 1990 §11-16; Ord. No. 90-3 §2, 3-6-90)
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. (CC 1990 §11-17; Ord. No. 90-3 §2, 3-6-90)
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 or other suitable and safe place, and it shall be the duty of the Sheriff or officer in charge, if space for the prisoner is available in the County Jail or such other 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 to such Sheriff for the keeping of such prisoner in his/her custody. The same shall be taxed as cost to be paid by the defendant in addition to all other court costs as are provided in this Chapter. (CC 1990 §11-19; Ord. No. 90-3 §2, 3-6-90)
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.
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, restitution to the victim or any dependent of the victim, in an amount to be determined by the judge.
C. The Court may modify or enlarge the conditions of probation at any time prior to the expiration or termination of the probation term.
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 an 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. (CC 1990 §11-21; Ord. No. 90-3 §2, 3-6-90)
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. (CC 1990 §11-22; Ord. No. 90-3 §2, 3-6-90)
In the case of a breach of any recognizance entered into before a Municipal Judge or an Associate Circuit Judge or an Associate Circuit 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 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 actions shall be paid over to the Municipal Treasury to the General Revenue Fund of the municipality. (CC 1990 §11-23; Ord. No. 90-3 §2, 3-6-90)
A Municipal Judge shall be disqualified to hear any case in which he/she is anywise 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 of disqualification in the same case. (CC 1990 §11-24; Ord. No. 90-3 §2, 3-6-90)
If a Municipal Judge is absent, sick or disqualified from acting, the Mayor, or as provided for in the Missouri Supreme Court rules for practice and procedure in municipal and traffic courts, shall appoint a judge to act as Municipal Judge. If a vacancy occurs in the office of Municipal Judge, the Mayor shall appoint a judge with the approval of the Board of Aldermen. The Board of Aldermen shall provide by ordinance for the compensation of any person designated to act as Municipal Judge under the provisions of this Section. (CC 1990 §11-25; Ord. No. 90-3 §2, 3-6-90)
The City Court Clerk is hereby designated as the Clerk of the Municipal Court. The duties of such Clerk shall be as follows:
1. To collect such fines for violation 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 Violations Bureau cases or as directed by the Municipal Judge; generally act as Violations Clerk of the 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 facia evidence of such ordinances before the court; further, to maintain a similar certified copy of such file with the Clerk serving the Circuit Court of this County. (CC 1990 §11-26; Ord. No. 90-3 §2, 3-6-90)
In addition to or in lieu of any fine that may be imposed by the Municipal Judge there shall be assessed against the defendant as costs in all cases the following:
1. Costs of court in the amount of twelve dollars ($12.00).
2. Crime Victims' Compensation Fund. An additional sum of seven dollars fifty cents ($7.50) shall be assessed and added to the basic costs in Subsection (1) of this Section, provided that no such cost shall be collected in any proceeding when the proceeding or the defendant has been dismissed by the Court. All sums collected pursuant to this Subsection shall be paid at least monthly as follows:
a. Ninety-five percent (95%) of such fees shall be paid to the Director of Revenue of the State of Missouri for deposit as provided in Section 595.045.5, RSMo.3. Motorcycle Safety Trust Fund.b. Five percent (5%) shall be paid to the City Treasury.
a. Any person who violates a municipal ordinance when the Court finds that the violation occurred when the defendant was the operator of a motorcycle or motortricycle shall have a judgment assessed against the defendant of five dollars ($5.00) in the favor of the State of Missouri Motorcycle Safety Trust Fund. Any motor vehicle operator who violates a municipal ordinance where the violation involves a motorcycle or motortricycle or where the operator causes an accident involving a motorcycle or motortricycle shall have a judgment assessed against the defendant of five dollars ($5.00) in the favor of the State of Missouri Motorcycle Safety Trust Fund.4. Other costs as may be authorized by Statute.b. Each Court cost assessed under this Section shall be doubled if the operator at fault violated any State law or local ordinance relating to the consumption of alcohol.
c. The Court costs collected under this Section by the Clerk of the Court shall be paid into the State Treasury to the credit of the Motorcycle Safety Trust Fund created in Section 302.137, RSMo.
5. Other costs, such as for the issuance of a warrant, a commitment, or a summons, as shall be determined by the Municipal Judge or as provided before the Associate Circuit Judge in criminal prosecutions.
6. Actual costs assessed against the City by the County Sheriff for apprehension or confinement in the County Jail or by any other agency, institution, or municipality for the lodging, or processing of prisoners under order of the court.
7. Mileage, in the same amount as provided to the Sheriff in criminal violations, for each mile and fraction thereof the officer must travel (both directions) in order to serve any warrant or commitment or order of this court.
8. Peace Officer training.
a. In addition to any fine or other costs that may be imposed by the Municipal Judge there shall be assessed as costs in all cases, except for those involving non-moving traffic violations, the sum of two dollars ($2.00) to be used for the training of Peace Officers. This fee shall be transmitted monthly to the Clerk of the City for deposit in the City Treasury.9. Reimbursement of certain costs of arrest.b. An additional one dollar ($1.00) shall be assessed as costs in all cases, except those for non-moving traffic violations. This fee shall be deposited with the Treasurer of the State of Missouri in the Peace Officer's Standards and Training Commission Fund, to be used Statewide for training of Peace Officers.
a. Upon a plea or a finding of guilty for a first (1st) offense of violating the provisions of an ordinance of the City of Clarkson Valley, involving alcohol- or drug-related traffic offenses, the Court may, in addition to imposition of any penalties provided by law, order the convicted person to reimburse the Police Department for the costs associated with such arrest.10. Spinal Cord Injury Fund. Any person convicted of an intoxication-related offense, as provided in Section 577.023, RSMo., shall have a judgement of twenty-five dollars ($25.00) assessed. Collections by the Court shall be paid to the State Department of Revenue to the credit of the Spinal Cord Injury Fund, to the following address:b. Such costs hereby authorized shall include the reasonable cost of making the arrest, including the cost of any chemical test made as authorized or required by law or ordinance to determine the alcohol or drug content of the person's blood, and the costs of processing, charging, booking and holding such person in custody.
c. The Chief of Police shall establish a schedule of such costs hereby authorized and shall submit the same to the Municipal Judge. However, the Court may order the costs reduced if it determines that the costs are excessive.
d. Upon receipt of such additional costs authorized by this Subsection, the City Treasurer shall retain such costs in a separate fund to be known as the "DWI/Drug Offense Cost Reimbursement Fund". Monies with such fund shall be appropriated by the Board of Aldermen to the Police Department in amounts equal to those costs so collected and shall be used by such Department specifically to enhance and support the enforcement and prosecution of alcohol- and drug-related traffic laws within the City.
Missouri Department of Revenue
County Tax Section
P.O. Box 453
Jefferson City, MO 65105-0453
(CC 1990 §11-27; Ord. No. 90-3 §2, 3-6-90; Ord. No. 96-18 §§1-2, 12-3-96)
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. (CC 1990 §11-28; Ord. No. 90-3 §2, 3-6-90)
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 a fine on an installment basis under such terms and conditions as he/she may deem appropriate. (CC 1990 §11-29; Ord. No. 90-3 §2, 3-6-90)
Any person arrested for any violation of this Code or any other ordinance may be admitted to bail by executing a bond to the City, with sufficient security, to be approved by the Municipal Judge, the Marshal or his/her deputies in such an amount as in the discretion of the officer approving the bond will secure the defendant's presence, but not exceeding the sum of five hundred dollars ($500.00), conditioned that such person appear upon a day named before the Municipal Judge, or at such times as the case may be continued by motion of the person arrested or by order of the Municipal Judge. Every bond taken as above shall be forthwith filed with the Municipal Judge by the officer approving and taking out such bond; provided that, no attorney-at-law, Police Officer, constable or his/her deputies, or any officer of the City, whether elected or appointed, shall be accepted as security upon the bond; and provided further, that no one shall be accepted as bondsman who shall have standing against him/her an unsatisfied judgment rendered on a forfeiture of bond. (CC 1990 §11-30; Ord. No. 90-3 §2, 3-6-90)
No suit in the Police Court shall be dismissed or abated on account of any formal defect in the statement of complaint or in any other matter of form in the verdict or otherwise whereby the defendant shall not have been prejudiced, but the same may be amended at any time prior to the rendition of the judgment in the case upon leave of court; and the court shall have the power to prescribe the terms of all process, writs and necessary forms of proceedings in the court not inconsistent with the existing laws of the State or the ordinances of the City and to compel the return of and obedience to any process issued by the court or by its authority. (CC 1990 §11-31; Ord. No. 90-3 §2, 3-6-90)
Persons jointly charged shall have a separate trial if they demand it before the trial is gone into or before the jury is impaneled. (CC 1990 §11-32; Ord. No. 90-3 §2, 3-6-90)
A. In addition to the forfeiture of any security which was given or pledged for the release of any person charged with an offense in the Municipal Division of the County Circuit Court, it shall be unlawful for any person who has been charged with an offense in the municipal division of the County Circuit Court to willfully fail to appear before such court as required.
B. Any person violating any of the provisions of this Section shall, upon conviction thereof, be deemed guilty of a misdemeanor and subject to punishment as provided in the Municipal Code of Ordinances, except that the maximum fine cannot exceed the maximum fine permitted on the municipal ordinance violation on which he/she had been charged and on which he/she had failed to appear.
C. This penalty shall not diminish in any way the contempt powers of the Municipal Judge. (CC 1990 §11-34; Ord. No. 90-3 §2, 3-6-90)