Section 135.210 Parole or Probation, When Granted — Certificate — Conditions of Probation — Modification of Conditions.
[R.O. 2009 §135.010; CC 1976 §17½-1; Ord. No. 958 §2, 12-21-1978]
There is hereby established in this City a Municipal Court, to be known as the "Higginsville Municipal Court, a Division of the 15th 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 "the Municipal Court".
Violations of municipal ordinances shall be heard and determined only before divisions of the Circuit Court as hereinafter provided in this Chapter. "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. 2009 §135.030; CC 1976 §17½-3; Ord. No. 958 §2, 12-21-1978]
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. 2009 §135.040; CC 1976 §17½-4; Ord. No. 958 §2, 12-21-1978; Ord. No. 1489 §1, 8-19-1991]
The Municipal Judge shall possess the following qualifications before he/she shall take office:
He must be a licensed attorney, qualified to practice law within the State of Missouri.
He need not reside within the City.
He must be a resident of the State of Missouri,
He must be between the ages of twenty-one (21) and seventy-five (75) years.
He may serve as Municipal Judge for any other municipality.
He may not hold any other office with the City Government.
The Municipal Judge shall be considered holding a part-time position, and as such may accept (within the requirements of the Judicial Conduct, Missouri Supreme Court Rule 2) other employment.
[R.O. 2009 §135.050; CC 1976 §17½-5; Ord. No. 958 §2, 12-21-1978]
The Judge of the City's Municipal Court shall be known as a Municipal Judge of the 15th Judicial Circuit Court, and shall be appointed to his/her position by the Mayor, subject to the confirmation of the Board of Aldermen, for a term as specified herein.
[R.O. 2009 §135.060; CC 1976 §17½-6; Ord. No. 958 §2, 12-21-1978; Ord. No. 1175 §1, 5-7-1984]
The Municipal Judge shall hold his/her office for a period of two (2) years or until his/her successor shall be appointed and qualified, commencing at the regular meeting of the Board of Aldermen held in May following the Mayor's election. 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.
[R.O. 2009 §135.070; CC 1976 §17½-7; Ord. No. 958 §2, 12-21-1978; Ord. No. 1016 §1, 2-4-1980; Ord. No. 1109 §1, 1-4-1982; Ord. No. 1489 §2, 8-19-1991; Ord. No. 1654 §2, 10-10-1995; Ord. No. 2472 §§1—2, 6-18-2012]
The salary of the Municipal Judge shall be seven hundred dollars ($700.00) per month, payable monthly.
[R.O. 2009 §135.080; CC 1976 §17½-8; Ord. No. 958 §2, 12-21-1978]
[R.O. 2009 §135.090; CC 1976 §17½-9; Ord. No. 958 §2, 12-21-1978]
A Municipal Judge shall be disqualified to hear any case in which he/she is in any wise 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 or disqualification in the same case.
If a Municipal Judge be absent, sick or disqualified from acting pursuant to the general administrative authority of the Presiding Judge of the Circuit Court over the Municipal Divisions within the circuit contained in Section 478.240, RSMo., a special Municipal Judge may be designated in accordance with the provisions of Section 479.230, RSMo., until such absence or disqualification shall cease.
[R.O. 2009 §135.110; CC 1976 §17½-11; Ord. No. 958 §2, 12-21-1978]
The Municipal Judge shall be and is hereby authorized 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.
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.
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.
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 other ordinances of this City.
[R.O. 2009 §135.120; CC 1976 §17½-12; Ord. No. 958 §2, 12-21-1978]
The Municipal Judge shall cause to be prepared within the first (1st) 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 months, if they have not previously been paid.
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 Lafayette County. The Municipal Judge shall deliver said docket, records and all books and papers pertaining to his/her office to his/her successor in office or to the Presiding Judge of the Circuit.
[R.O. 2009 §135.140; CC 1976 §17½-14; Ord. No. 958 §2, 12-21-1978]
All warrants issued by a Municipal Judge shall be directed to the 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 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.
[R.O. 2009 §135.150; CC 1976 §17½-15; Ord. No. 958 §2, 12-21-1978]
The Chief of Police or other Police Officer of the City 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. 2009 §135.160; CC 1976 §17½-16; Ord. No. 958 §2, 12-21-1978]
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.
[R.O. 2009 §135.170; CC 1976 §17½-17; Ord. No. 958 §2, 12-21-1978]
It shall be the duty of an attorney designated by the Municipality to prosecute the violations of the City's ordinances before the Municipal Judge or before any Circuit Judge hearing 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. The compensation of such attorney shall not be contingent upon the result in any case.
The City Prosecutor shall receive compensation as set by ordinance from time to time by the Board of Aldermen.
[R.O. 2009 §135.180; CC 1976 §17½-18; Ord. No. 958 §2, 12-21-1978]
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. 2009 §135.190; CC 1976 §17½-19; Ord. No. 958 §2, 12-21-1978]
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. 2009 §135.200; CC 1976 §17½-20; Ord. No. 958 §2, 12-21-1978]
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, and it shall be the duty of the Sheriff, if space for the prisoner is available in the County 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.
Section 135.210 Parole or Probation, When Granted — Certificate — Conditions of Probation — Modification of Conditions.
[R.O. 2009 §135.210]
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. When a person is placed on probation he/she shall be given a certificate explicitly stating the conditions on which he/she is being released.
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:
A person may refuse probation conditioned on the performance of free work. If he/she does so, the court shall decide the extent or duration of sentence or other disposition to be imposed and render judgment accordingly. Any County, City, person, organization, or agency, or employee of a County, City, organization or agency 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/her if such cause of action arises from such supervision of performance, except for intentional torts or gross negligence. The services performed by the probationer or parolee shall not be deemed employment within the meaning of the provisions of Chapter 288, RSMo.
The court may modify or enlarge the conditions of probation at any time prior to the expiration or termination of the probation term.
[R.O. 2009 §135.220]
In any case tried before a Municipal Judge who is licensed to practice law in this State or before an Associate Circuit Judge, except where there has been a plea of guilty or the case has been tried with a jury, the defendant shall have a right of trial de novo before a Circuit Judge or upon 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 rule.
[R.O. 2009 §135.230; CC 1976 §17½-23; Ord. No. 958 §2, 12-21-1978]
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. 2009 §135.240; CC 1976 §17½-24; Ord. No. 958 §2, 12-21-1978]
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 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.
[R.O. 2009 §135.250; CC 1976 §17½-25; Ord. No. 958 §2, 12-21-1978; Ord. No. 1332 §2, 6-15-1987; Ord. No. 1563 §§1—2, 4-4-1994; Ord. No. 1649 §1, 9-11-1995; Ord. No. 1864 §§1—2, 12-6-1999; Ord. No. 1952 §§1—2, 9-4-2001; Ord. No. 1998 §§1—2, 8-19-2002; Ord. No. 2146 §§1—2, 10-17-2005; Ord. No. 2307 §2, 9-2-2008]
In addition to any fine that may be imposed by the Municipal Judge, there shall be assessed as costs in all cases the following:
There shall be assessed as basic Court costs the sum of twelve dollars ($12.00) per case in all proceedings filed in the Higginsville Municipal Division of the Circuit Court for violations of City ordinances.
Training of Peace Officer.
The official responsible for collecting Court costs and fines may assess as Court costs up to three dollars ($3.00) for each violation of the general criminal laws of the State, including infractions, or violations of the ordinances of the City of Higginsville, provided that no such fee shall be collected for non-moving traffic violations, and no such fee shall be collected for violations of fish and game regulations, and no such fee shall be collected in any proceeding in any Court when the proceeding or defendant has been dismissed by the Court.
Two dollars ($2.00) of such fees collected shall be transmitted monthly to the Treasurer of the City of Higginsville to be used locally for training Law Enforcement Officers. One dollar ($1.00) of such fees collected shall be deposited into the Peace Officer Standards and Training Commission Fund to be used statewide for training Law Enforcement Officers. The checks should be payable to the "Treasurer, State of Missouri". Address and mail check on or before the fifteenth (15th) of each month to:
Department of Public Safety
Post Office Box 749
Jefferson City, Missouri 65102
In the event a defendant pleads guilty or is found guilty, the Court shall assess costs against the defendant as provided in this Chapter, except in those cases where the defendant is found by the Judge to be indigent and unable to pay the costs.
In addition to the Court costs authorized by this Section, there shall be assessed as Court costs a fee of seven dollars fifty cents ($7.50) in each Court proceeding filed in the Higginsville Municipal Division of the Circuit Court for violation of an ordinance of the City of Higginsville to be paid to the Missouri Crime Victims' Compensation Fund as required by Section 595.045, RSMo.; except that no such fee shall be collected for violations of any provision of Chapter 252, RSMo., or any rule or regulation adopted under Chapter 252, RSMo., or for any non-moving traffic violations, except violations of weight or safety laws, and no such fee shall be collected in any proceeding in any Court when the proceeding or the defendant has been dismissed by the Court or when costs are to be paid by the municipality on behalf of an indigent defendant.
Application for a trial de novo shall be thirty dollars ($30.00).
Costs for County shelter for victims of domestic violence shall be assessed two dollars ($2.00) in all cases heard on February 9, 2000, and all cases thereafter and disbursed to the County once a month.
Other costs, such as for the issuance of a warrant, a commitment or a summons, as provided before the Municipal Judge in criminal prosecutions.
Actual costs assessed against the City by the Court Sheriff for apprehension or confinement in the County Jail.
Mileage, in the same amount as provided to Sheriff in criminal violations, for each mile or fraction thereof the officer must travel (both directions) in order to serve any warrant or commitment order of this Court.
A two dollar ($2.00) surcharge shall be fined in all proceedings filed in Municipal Court, said surcharge to be assessed as a component of Court costs. Said surcharge shall hereinafter be known as an "Inmate Security Fund Surcharge" and shall be used to pay expenses related to the custody, housing and other costs associated with the incarceration of the City Code offenders. Such monies may also be used to develop and maintain a biometrics verification system for the Municipal Court.
In addition to any cost which may be assessed by the municipal division pursuant to Statute, ordinance or court rule, in every proceeding filed in the Municipal Division of violation of an ordinance, a surcharge of seven dollars ($7.00) shall be assessed. Such surcharge shall also be assessed in cases in which pleas of guilty are processed in the violations bureau. No such surcharge shall be collected when the proceeding or defendant has been dismissed by the court, when costs are waived, or when costs are paid to 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 Section 488.012.3(5) and Section 488.027.2, RSMo.
[R.O. 2009 §135.260; CC 1976 §17½-26; Ord. No. 958 §2, 12-21-1978]
The costs of any action may be assessed against prosecuting witness and judgment be rendered against him/her that he/she pay the same and stand committed until paid in a 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. 2009 §135.270; CC 1976 §17½-26.1; Ord. No. 1518 §1, 10-12-1992]
Reimbursement Of Certain Costs—When.
Upon a plea of guilty, finding of guilt or conviction for violation of the provisions of the Municipal Code relating to alcohol- or drug-related traffic offenses, the Court may, in addition to imposition of any penalties provided by law, order the person to reimburse Law Enforcement Authorities for the costs associated with such arrest.
Such costs shall include the reasonable cost of making the arrest, including the cost of any chemical tests to determine the alcohol or drug content of the person's blood, and the cost of processing, charging, booking and holding such person in custody.
Law enforcement authorities may establish a schedule of 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.
Any person who is convicted of or pleads guilty to a drug-related offense pursuant to the provisions of Chapter 195, RSMo., or an intoxicated-related traffic offense, as defined in Section 577.023, RSMo., shall be assessed as costs a victims' services fee in the amount of five dollars ($5.00). Such fee shall be collected by the Clerk of the Court and paid at least monthly to the Director of Revenue and placed to the credit of the Independent Living Center Fund.
[R.O. 2009 §135.280; CC 1976 §17½-27; Ord. No. 958 §2, 12-21-1978]
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.
[R.O. 2009 §135.290; CC 1976 §17½-28; Ord. No. 958 §2, 12-21-1978]
The Clerk of the Municipal Court shall be the City Clerk or his/her designee. The duties of said Clerk shall be as follows:
To collect such fines for violations of such offenses as may be described, and the Court costs thereof.
To take oaths and affirmations.
To accept signed complaints and allow the same to be signed and sworn to or affirmed before him.
Sign and issue subpoenas requiring the attendance of witnesses and sign and issue subpoenas duces tecum.
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 Violation Bureau.
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.
Maintain, properly certified by the City Clerk, a complete copy of the ordinances of the City of the Municipality 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.
[R.O. 2009 §135.300; Ord. No. 2179 §§1—2, 5-1-2006]
A "search warrant" under this Section is a written order of the court commanding or authorizing the search or inspection of any property, place or thing or the seizure, photographing, copying or recording of any property within the limits of the City.
A search warrant may be issued in aid of the enforcement of any provision of this Code as the same may be otherwise required by law, by the judge of the Higginsville Municipal Division of the Circuit Court of Lafayette County. When:
The City Administrator or other City Official designated by the City Administrator may make application for such a warrant for purposes of enforcing the provisions of this Code as is required by law.
The application shall be in writing, shall state the time and date of the making of said application, shall identify the physical address of the property or properties to be inspected or if identifying items to be seized, shall describe the property with sufficient detail and particularity that the officer executing the warrant can easily ascertain it, shall state facts sufficient to show probable cause for issuance of a warrant, shall be verified by oath or affirmation and shall state that the owner or occupant has been requested to allow entry and inspection and has refused. The application may be supplemented by a written affidavit verified by oath or affirmation which shall be considered in determining whether there is probable cause for the issuance of a search warrant. Oral testimony shall not be considered.
The judge shall hold a non-adversary hearing to determine whether sufficient facts have been stated to justify the issuance of the search warrant. If it appears from the application and any supporting affidavit that there is probable cause to issue a warrant and that the requested action is reasonable for enforcement of the Code, then a search warrant shall immediately be issued. The warrant shall be issued in the form of an original and two (2) copies.
The application and any supporting affidavit and a copy of the warrant shall be retained in the records of the court from which the warrant was issued or in the permanent records of the City.
The search warrant shall be in writing and in the name of the City of Higginsville, shall be directed to the officer to execute the same, shall identify the property to be searched or seized with sufficient detail and particularity that it can be readily ascertained by the executing officer, command that the warrant be executed within ten (10) days after the date of the application and be signed by the judge, with his/her title and office indicated.
A search warrant shall be executed as soon as practicable by a Police Officer of the City, provided that other City Officials may accompany the executing officer. The warrant shall expire if it is not executed and the return made within ten (10) days after the date of making of the application.
After execution of the search warrant, the warrant with a return thereon, signed by the official executing the search, shall be delivered to the judge who issued the warrant. The return shall show the date the search and/or seizure was conducted.
The search shall be conducted in a reasonable manner during the daytime hours or such other hours as the property may be otherwise in operation.