Section 120.160 Parole or Probation, When Granted — Certificate — Conditions of Probation — Modification of Conditions.
[CC 1976 §120.010; Ord. No. 1005 §1, 2-10-1970]
There is hereby established a Municipal Court of the City, which shall have jurisdiction to hear and determine all causes relating to the violation of the ordinances of this City.
[CC 1976 §120.020; Ord. No. 1005 §2, 2-10-1970]
The Municipal Court shall be presided over by a Judge, who shall be at least twenty-one (21) years of age, and who shall be an attorney licensed to practice law in the State of Missouri; the Judge need not be a resident of the City. He/she shall be appointed by the Mayor with the consent and approval of the majority of the Aldermen, and shall serve for a two (2) year term from the date of appointment, subject to removal from office by a majority vote of the Board of Aldermen for good cause shown. In the event the position of Municipal Judge becomes vacant during the term of office, the Mayor, with the consent and approval of the majority of the Aldermen, shall appoint a Judge for the unexpired term.
If the Municipal Judge be absent, sick, or unable to act for any reason, the Board of Aldermen may designate some eligible person to act as a temporary Municipal Judge during such absence.
[CC 1976 §120.030; Ord. No. 1005 §3, 2-10-1970]
The Municipal Judge shall receive as full compensation for his/her services rendered as Judge, a sum as designated by ordinance. All costs, fines and forfeitures imposed by the Municipal Court under its authority and all other receipts so collected shall be regularly accounted for and paid to the City Treasury.
[CC 1976 §120.040; Ord. No. 1005 §4, 2-10-1970]
The Chief of Police of the City and his/her subordinates shall serve as Marshals and Bailiffs of the Court and shall be subject to and shall enforce its orders, judgments and decrees.
[CC 1976 §120.050; Ord. No. 1005 §5, 2-10-1970]
The Municipal Judge shall designate the time for sessions of the Municipal Court provided that the Court shall remain open on all days of the week except Sunday, between the hours of 9:00 A.M. and 5:00 P.M., and be ready to be reconvened should the occasion arise.
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 1976 §120.070; Ord. No. 1005 §7, 2-10-1970; Ord. No. 1080 §1, 1-11-1972; Ord. No. 1252 §1, 11-23-1976; Ord. No. 1438 §1, 6-30-1981; Ord. No. 1777 §1, 8-22-1989; Ord. No. 1821 §1, 1-22-1991; Ord. No. 2025 §1, 12-12-1995; Ord. No. 2031 §§1—2, 2-13-1996; Ord. No. 2072 §1, 12-10-1996; Ord. No. 2223 §§1—2, 10-12-1999; Ord. No. 2231 §1, 12-14-1999; Ord. No. 2294 §1, 8-31-2001; Ord. No. 2539 §1, 7-8-2008; Ord. No. 2811 §1, 4-30-2015; Ord. No. 2926, 9-26-2018]
In all cases before the Traffic Violations Bureau and the Municipal Court where the defendant pleads guilty or is convicted, there shall be collected from such defendant, in addition to the fine or other punishment imposed, the sum of twelve dollars ($12.00) as Court costs. In addition to such Court costs, a fee of two dollars ($2.00) shall be assessed and collected and set aside in a separate fund by the City Treasurer to be used solely for the training of Police Officers. A fee of one dollar ($1.00) shall be assessed and collected and set aside to be used statewide for training Law Enforcement Officers to be deposited into the Peace Officer Standards and Training Commission Fund. A fee of seven dollars fifty cents ($7.50) shall be assessed and ninety-five percent (95%) of this fee shall be deposited in the Crime Victims' Compensation Fund and five percent (5%) of this fee shall be deposited in the General Fund. A fee not to exceed two dollars ($2.00) shall be assessed for the Weinman Shelter and shall be deposited in the Domestic Violence Shelter Fund. A fee of two dollars ($2.00) shall be assessed, collected and set aside in a separate fund by the City Treasurer called the Inmate Security Fund, to be used for costs associated with biometric verification systems, including, but not limited to, maintenance of the Live Scan Fingerprinting system at the Richmond Heights Police Department that is utilized by contract in connection with prisoners of the City of Shrewsbury and for any expenses related to custody and housing and other expenses for prisoners. A fee of seven dollars ($7.00) shall be assessed, collected, and set aside for the Statewide Court Automation Fund, with all such amounts collected transmitted monthly to the Missouri Director of Revenue to the credit of the Missouri Statewide Court Automation Fund.
The following additional Court costs shall also be collected from a defendant who pleads guilty or is convicted (as applicable):
Such additional costs are the sole property of the City and shall be paid into the City Treasury to the credit of the General Revenue Fund. In no event shall the City be liable to pay any costs assessed in or by the Municipal Court.
[CC 1976 §120.100; Ord. No. 1105 §1, 12-12-1972]
The Clerk of the Municipal Court shall be appointed by the Mayor subject to the approval of a majority of the Board of Aldermen and shall serve until his or her successor shall be appointed and qualified. The Clerk shall be subject to and shall perform such duties as are designated herein and such other duties as are required of him/her by the Municipal Judge.
All warrants issued by the Municipal Judge shall be directed to the Chief of Police, or to any other Police Officer of the City, or to the Sheriff of the County. The warrant shall be executed by said Law Enforcement Officer 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.
Any officer of the Police Department 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 Municipal Judge.
Any person charged with a violation of an 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 Judge shall certify the case to the Presiding Judge of the Circuit Court for reassignment.
[CC 1976 §120.120; Ord. No. 1005 §12, 2-10-1970; Ord. No. 2613 §1, 1-11-2011; Ord. No. 2618 §1, 4-26-2011]
The duly appointed Municipal Judge is hereby authorized to issue warrants to arrest and to summon and compel the attendance of witnesses; to administer oaths; to establish and accept bail bonds and render final judgment on any forfeited bond or recognizance returnable to the Municipal Court; and to enforce due obedience to all orders, rules, and judgments made by it within the scope of its authority as described herein and as otherwise provided by State law; and to fine and/or imprison for contempt, including, but not limited to, the violations referenced as follows:
Any breach of the peace committed during its session, including, but not limited to, disorderly, contemptuous, or insolent behavior committed in its immediate view and presence, which interrupts its session or proceedings, or otherwise impairs the respect due to its authority;
Willful disobedience or resistance of any process or order lawfully issued or made by it;
Refusal of any person to be sworn as a witness, or when sworn, a refusal to answer any legal and proper interrogatory.
Contempt committed in the immediate view and presence of the Municipal Court may be punished summarily. In other cases, the person charged shall be notified of the accusation, and have a reasonable time to make his or her defense. Whenever any person shall be committed for any contempt, including, but not limited to, the examples of violations described herein, the particular circumstances of his/her offense shall be set forth in the order of warrant of contempt.
The Municipal Court may punish for contempt of court by the highest fine or longest incarceration, or both, as permitted by State law.
The Municipal Court is further authorized to:
Establish a Traffic Violations Bureau as provided for by the Missouri Rules of Practice and Procedure in Municipal and Traffic Courts;
Commute the term of any sentence, stay execution on any fine or sentence, suspend any fine or sentence, and to make such other orders as the Judge deems necessary relative to any matter that may be pending in the Municipal Court, all in accordance with the Missouri Rules of Practice and Procedure in Municipal and Traffic Courts;
Make and adopt such rules of practice and procedure as are necessary to implement and carry out the provisions of this Chapter, 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.
If the duly appointed Municipal Judge is unavailable to perform the duties described herein, the Mayor may appoint a Municipal Judge Pro Tem to perform said duties until the duly appointed Municipal Judge is able to reassume his/her duties.
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 witness 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 the docket, which oral notice shall be valid as a summons.
The Municipal Judge may commit a defendant to the County Jail, and it shall be the duty of the Sheriff 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 City shall pay the board of such prisoner at the 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 costs.
Section 120.160 Parole or Probation, When Granted — Certificate — Conditions of Probation — Modification of Conditions.
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.
If the Municipal Judge is not a lawyer, the defendant shall have the right to a trial de novo, even from a plea of guilty, before a Circuit Judge or an Associate Circuit Judge. Such application for a trial de novo shall be filed within ten (10) days after the judgement and shall be in the form as provided by Supreme Court rules.
If the Municipal Judge is an attorney, on proper application as above, the defendant shall have a right of trial de novo in Circuit Court 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.
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.
In the case of a breach of any recognizance entered into before a Judge hearing a municipal ordinance violation case, the same shall be deemed forfeited and the Judge shall cause the same to be prosecuted in the Circuit Court against the principal and surety, or either of them, in the name of the City as plaintiff. All monies received by such forfeiture shall be paid to the General Revenue Fund of the City.
The Municipal Judge shall be disqualified to hear any case in which he/she is in anyway interested, or, if before the trial is begun, the defendant or the prosecutor files an affidavit that the party cannot have a fair and impartial trial by reason of the interest or prejudice of the Judge. Neither the defendant nor the City shall be entitled to file more than one (1) affidavit for disqualification in the same case.
[CC 1976 §120.130; Ord. No. 1005 §13, 2-10-1970]
The Clerk of the Municipal Court, and any Deputy Clerk serving under him/her, shall be and is hereby authorized to:
Take oaths and affirmations.
Accept and sign complaints signed and sworn to or affirmed before him/her.
Sign and issue warrants.
Sign and issue commitments to jail.
Sign and issue subpoenas requiring the attendance of a witness and sign and issue subpoenas duces tecum.
Fix the amounts of bail and admit to bail.
Accept the appearance, waiver of trial, and plea of guilty and payment of fines and costs in Traffic Violations Bureau cases or as directed by the Municipal Judge; generally act as Violation Clerk of the Traffic Violations Bureau.
Perform such other duties as provided for by ordinance, by Rules of Practice and Procedure adopted by the Municipal Judge, and as directed by the said Judge, and as provided for by the Missouri Rules of Practice and Procedure in Municipal and Traffic Court.
[CC 1976 §120.140; Ord. No. 1005 §14, 2-10-1970]
A defendant shall, upon arrest, be entitled and admitted to bail by sufficient surety or sureties or cash bond in a reasonable amount:
By the Municipal Judge, or by the Clerk or Deputy Clerk thereof, if the Judge is absent or the Court is not in session, or when so authorized or directed by the Judge.
By the Mayor of the City, if the Judge, Clerk and Deputy Clerk are absent, or the Court is not in session.
By the Chief of Police or any Police Officer having custody of the defendant, when the amount of bail is endorsed on the warrant of arrest in the amount so specified, or when so authorized or directed by the Judge.
All bail bonds shall be immediately deposited with the Clerk of the Municipal Court who shall have exclusive custody and control of said Bonds, subject to the order of the Municipal Judge.
The Court Clerk shall maintain an escrow account for the deposit and safeguarding of all cash bonds until final disposition by the Municipal Judge.
[CC 1976 §120.145; Ord. No. 1382 §1, 3-25-1980]
It shall be unlawful for any person to fail to appear before the Municipal Court of the City of Shrewsbury, Missouri, when charged with a violation of any ordinance or law of the City. In addition to the forfeiture of any security given such person who shall fail to appear shall upon conviction be punished by a fine not to exceed five hundred dollars ($500.00) or imprisonment not to exceed ninety (90) days, or by both such fine and imprisonment.