[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]
A.
The
Municipal Judge shall possess the following qualifications before
he/she shall take office:
1.
He must be a licensed attorney, qualified to practice law within
the State of Missouri.
2.
He need not reside within the City.
3.
He must be a resident of the State of Missouri,
4.
He must be between the ages of twenty-one (21) and seventy-five (75)
years.
5.
He may serve as Municipal Judge for any other municipality.
6.
He may not hold any other office with 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 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]
A.
The
Municipal Judge shall be and is hereby authorized to:
1.
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.
2.
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.
3.
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.
4.
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]
A.
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.
B.
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.
[R.O. 2009 §135.210]
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. 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.
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:
C.
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.
D.
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]
A.
In
addition to any fine that may be imposed by the Municipal Judge, there
shall be assessed as costs in all cases the following:
1.
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.
2.
Training of Peace Officer.
a.
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.
b.
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:
Budget Director
Department of Public Safety
Post Office Box 749
Jefferson City, Missouri 65102
3.
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.
4.
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.
5.
Application for a trial de novo shall be thirty dollars ($30.00).
6.
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.
7.
Other costs, such as for the issuance of a warrant, a commitment
or a summons, as provided before the Municipal Judge in criminal prosecutions.
8.
Actual costs assessed against the City by the Court Sheriff for apprehension
or confinement in the County Jail.
9.
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.
10.
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.
11.
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]
A.
Reimbursement Of Certain Costs—When.
1.
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.
2.
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.
3.
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.
4.
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.
B.
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; Ord. No. 2925, 2-7-2022]
A.
The Clerk of the Municipal Court shall be designated from time to
time by the City Administrator.
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 fines costs in Traffic Violation Bureau cases, or as directed
by the Municipal Judge; generally, act as Violation Clerk of the Traffic
Violation 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 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.
B.
The person designated to serve as Clerk of the Municipal Court shall
hold no other position with the City that shall create an actual or
apparent conflict of interest, as provided by minimum operating standards
set by the Office of State Courts Administrator.
[R.O. 2009 §135.300; Ord. No. 2179 §§1—2, 5-1-2006]
A.
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.
B.
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:
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
J.
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.
