State Law Reference — As to certain violations concerning
an accused with special needs, §479.040, RSMo.
[R.O. 2011 §125.010; Ord. No. 095-88 §II, 7-8-1988]
Enforcement of ordinances shall be heard in the Municipal Court
of Byrnes Mill, a Division of the 23rd Judicial Circuit Court of the
State of Missouri and the Circuit Court of Jefferson County shall
be notified by forwarding a copy of this ordinance.
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. 2011 §125.030; Ord. No. 095-88 §IV, 7-8-1988]
The Judge of the City's Municipal Court shall be known as a
Municipal Judge of the 23rd Judicial Circuit Court and shall be selected
as follows:
He/she shall be appointed to his/her position by a majority
vote of the entire Board of Alderpersons for a term of three (3) years.
If a vacancy exists in such office, his/her successor shall be appointed
to fill the unexpired term.
[R.O. 2011 §125.040; Ord. No. 095-88 §V, 7-8-1988]
A.
The
Municipal Judge shall vacate his/her office under the following circumstances:
1.
Upon removal from office by the State Commission on the Retirement,
Removal and Discipline of Judges, as provided in Missouri Supreme
Court Rule 12, or
2.
Upon attaining his/her seventy-fifth (75th) birthday, or
3.
If he/she should lose his/her license to practice law within the
State of Missouri.
[R.O. 2011 §125.050; Ord. No. 095-88 §VI, 7-8-1988]
A.
The
Municipal Judge shall possess the following qualifications before
he/she shall take office:
1.
He/she shall be a licensed attorney, qualified to practice law within
the State of Missouri and be in active legal practice for at least
five (5) years prior to his/her appointment.
2.
He/she need not reside within the City.
3.
He/she must be a resident of the State of Missouri.
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.
B.
The Municipal Judge shall be considered holding a part-time position
and as such may accept other employment.
C.
No Municipal Judge shall serve as a Municipal Judge in more than
five (5) municipalities at one (1) time. A Court that serves more
than one (1) municipality shall be treated as a single municipality
for the purposes of this Subsection.
[R.O. 2011 §125.060; Ord. No. 095-88 §VII, 7-8-1988]
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 personnel of said Court shall obey his/her directives.
[R.O. 2011 §125.070; Ord. No. 095-88 §VIII, 7-8-1988]
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 Alderpersons of the City for examination at its first
(1st) session thereafter. The Municipal Court shall, within ten (10)
days after the first 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.
[R.O. 2011 §125.080; Ord. No. 095-88 §IX, 7-8-1988]
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 Jefferson 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.
[R.O. 2011 §125.090; Ord. No. 095-88 §X, 7-8-1988]
A.
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, RSMo.
2.
Administer oaths and enforce due obedience to all orders, rules and
judgments made by him/her, and may fine and imprison for contempt
committed before him/her while holding Court, in the same manner and
to the same extent as a Circuit Judge.
3.
Commute the term of any sentence, stay execution of any fine or sentence,
suspend any fine or sentence, and make such other orders as the Municipal
Judge deems necessary relative to any matter that may be pending in
the Municipal Court.
4.
Make and adopt such rules of practice and procedure as are necessary
to implement and carry out the provisions of this Chapter, and to
make and adopt such rules of practice and procedure as are necessary
to hear and decide matters pending before the Municipal Court and
to implement and carry out the provisions of the Missouri Rules of
Practice and Procedure in Municipal and Traffic Courts. Any and all
rules made or adopted hereunder may be annulled or amended by an ordinance
limited to such purpose; provided that such ordinance does not violate,
or conflict with, the provisions of the Missouri Rules of Practice
and Procedure in Municipal and Traffic Courts, or State Statutes.
5.
The Municipal Judge 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. 2011 §125.100; Ord. No. 095-88 §XI, 7-8-1988]
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 Director of Finance, or his/her designee, is hereby
designated as the Violations Clerk for said Bureau, if established.
[R.O. 2011 §370.005; Ord. No. 093-88 §II, 6-1-1988]
A.
The
Municipal Court shall establish a Violations Bureau to assist the
court with the clerical work of traffic cases. The bureau shall be
in charge of such person or persons and shall be open at such hours
as the Municipal Judge may designate.
B.
The
Judge of the Municipal Court who hears traffic cases shall designate
the specified offenses under this law or under the traffic ordinances
of the City and the State traffic laws in accordance with Supreme
Court Rule No. 37.50 in respect to which payments of fines may be
accepted by the Violations Bureau in satisfaction thereof, and shall
specify suitable schedules the amount of such fines for first (1st),
second (2nd), and subsequent offenses, provided such fines are within
the limits declared by law or ordinance, and shall further specify
what number of such offense shall require appearance before the court.
[R.O. 2011 §370.010; Ord. No. 093-88 §1, 6-1-1988]
A.
Any
person charged with an offense for which payment of a fine may be
made to the Violations Bureau shall have the option of paying such
fine within the time specified in the notice of arrest at the Violations
Bureau upon entering a plea of guilty and upon waiving appearance
in court; or may have the option of depositing required lawful bail,
and upon a plea of not guilty shall be entitled to a trial as authorized
by law.
B.
The
payment of a fine to the Bureau shall be deemed an acknowledgement
of conviction of the alleged offense, and the Bureau, upon accepting
the prescribed fine, shall issue a receipt to the violator acknowledging
payment thereof.
[R.O. 2011 §125.110; Ord. No. 095-88 §XII, 7-8-1988]
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 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.
[R.O. 2011 §125.120; Ord. No. 095-88 §XIII, 7-8-1988]
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. 2011 §125.130; Ord. No. 095-88 §XIV, 7-8-1988]
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. 2011 §125.140; Ord. No. 095-88 §XV, 7-8-1988]
It shall be the duty of a prosecuting 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.
[R.O. 2011 §125.150; Ord. No. 095-88 §XVI, 7-8-1988]
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 the 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.
A.
If,
in the progress of any trial before the 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 Court Judge of
the County.
B.
For
purposes of this Section, any offense involving the operation of a
motor vehicle in an intoxicated condition as defined in Section 577.001,
RSMo., shall not be cognizable in Municipal Court, if the defendant
has been convicted, found guilty, or pled guilty to two (2) or more
previous intoxication-related traffic offenses as defined in Section
577.001, RSMo., or has had two (2) or more previous alcohol-related
enforcement contacts as defined in Section 302.525, RSMo.
[R.O. 2011 §125.170; Ord. No. 095-88 §XVIII, 7-8-1988]
A.
The
Municipal Judge may commit a defendant to the City Jail, or if the
City Jail is not available, he/she may commit the defendant to a County
Jail which shall keep such prisoner under due process of law.
In the event that the Municipal Judge sentences a defendant
to serve a jail term, the Police Department shall prepare an expense
statement for each defendant sentenced to the City Jail by the Municipal
Judge and such defendant shall be liable for such expenses as Court
costs. The defendant shall pay such costs prior to his/her discharge.
B.
The
Municipal Judge is further authorized and empowered to place any person
who has been convicted and sentenced by the Court for a violation
of a City ordinance, to work or perform labor in the public streets,
highways and alleys, or other public works or buildings of the City
for such purposes as the City may deem necessary.
If the punishment set by the Municipal Judge shall be a fine
and the fine is not paid, then for every ten dollars ($10.00) of such
judgment, the defendant shall work one (1) day.
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. 2011 §125.190; Ord. No. 095-88 §XX, 7-8-1988]
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 on 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.
[R.O. 2011 §125.210; Ord. No. 095-88 §XXII, 7-8-1988]
In the case of a breach of any recognizance entered into before
the 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 City 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
the 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 General Revenue Fund of the municipality.
[R.O. 2011 §125.220; Ord. No. 095-88 §XXIII, 7-8-1988]
The Municipal Judge shall be disqualified to hear any case in
which he/she is in anywise interested, or, if before the trial is
commenced, the defendant or the prosecuting attorney files an affidavit
that the defendant or the City, 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 City shall be entitled to
file more than one (1) affidavit or disqualification in the same case.
If the Municipal Judge or Provisional 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. 2011 §125.240; Ord. No. 095-88 §XXV, 7-8-1988]
A.
The
duties of the Municipal Clerk shall be as follows:
1.
To collect such fines for violations of such offenses as may be described,
and the Court costs thereof.
2.
To take oaths and affirmations.
3.
To accept signed complaints and allow the same to be signed and sworn
to or affirmed before him/her.
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 Violation Bureau cases or as directed by the
Municipal Judge; generally act as Violation Clerk of the 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 which shall constitute prima facia 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. 2011 §125.250; Ord. No. 095-88 §XXVI, 7-8-1988; Ord. No. 218-92 §1, 2-5-1992; Ord. No. 225-92 §I, 4-1-1992; Ord.
No. 235-92 §1, 7-1-1992; Ord. No. 305-94 §1, 2-2-1994; Ord. No. 346-95 §I, 2-1-1995; Ord. No. 399-96 §1, 11-6-1996; Ord. No. 461-99 §1, 12-1-1999; Ord. No. 462-99 §1, 12-1-1999; Ord. No. 519-01 §§1
— 2, 9-19-2001; Ord. No. 526-01 §§1 — 2, 12-5-2001; Ord. No. 540-02 §1, 9-4-2002]
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.
Costs of court in the amount of twelve dollars ($12.00).
2.
The Municipal Court Clerk of the City of Byrnes Mill, Missouri is
responsible for collecting court costs and fines and 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 Byrnes Mill, 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
of 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 Byrnes Mill, 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:
|
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Budget Director
Department of Public Safety
P.O. Box 749
Jefferson City, MO 65102
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3.
Any other reasonable cost as may be otherwise provided by ordinance
and permitted under the laws of the State of Missouri, including,
such as for the issuance of a warrant, a commitment, or a summons,
as provided before the Associate Circuit Judge in criminal prosecutions.
4.
Actual costs assessed against the City by the County Sheriff for
apprehension or confinement in the County Jail.
5.
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.
6.
Issuance of a summons: no cost
7.
Each continuance requested by defendant and granted: no cost
8.
Crime Victims' Compensation Fund. An additional
sum of seven dollars fifty cents ($7.50) shall be assessed and added
to the basic costs in Subparagraph (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 Subparagraph shall be paid at least monthly as follows:
9.
Expert witness fees required by the City shall be taxed as costs
by the Court. Expert witnesses are witnesses who testify relative
to matters outside of the scope of general knowledge and possess special
skills and knowledge.
10.
In addition to all other costs, there shall be levied an additional
up to four dollars ($4.00) per case for each municipal violation to
be used exclusively to provide for operating expenses for shelters
for battered persons as defined by Section 488.607, RSMo. Said Court
cost of up to four dollars ($4.00) is to be collected by the Clerk
of the Court and remitted on a monthly basis to Jefferson County Treasurer.
The Municipal Judge of the City of Byrnes Mill shall collect such
additional Court costs of up to four dollars ($4.00) except in those
cases where the defendant is found by the Judge to be indigent and
unable to pay the cost.
Ord. No. 843-15 §I, 2-4-2015
11.
Court Automation Fund. In addition to any other fines or costs provided
in this Code pertaining to cases filed in the Byrnes Mill Municipal
Division, an additional sum of seven dollars ($7.00) in all cases
in which court costs are taxed. Said surcharge shall be collected
by the Municipal Court and transmitted monthly to the Missouri Director
of Revenue to the credit of the Missouri Statewide Automation Fund,
as provided in Section 488.012.3(5), RSMo., and Section 488.027.2,
RSMo.
[Ord. No. 933-21, 1-20-2021]
Notwithstanding any provision of law, Supreme Court Rule, or
Court Operating Rule, in a proceeding for a municipal ordinance violation
or any other proceeding before a Municipal Court if the charge carries
the possibility of fifteen (15) days or more in jail or confinement,
a defendant shall not be charged any fee for obtaining a police report,
probable cause statement, or any video relevant to the traffic stop
or arrest. Such police report, probable cause statement, or video
shall be provided by the prosecutor upon written request by the defendant
for discovery.
[R.O. 2011 §125.260; Ord. No. 095-88 §XXVII, 7-8-1988]
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.
[R.O. 2011 §125.270; Ord. No. 095-88 §XXVIII, 7-8-1988]
When a fine is assessed for violating an ordinance, it should
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. 2011 §125.280; Ord. No. 095-88 §XXIX, 7-8-1988]
The Municipal Judge shall have power to enforce due obedience
to all rules, order and judgments made by him/her and may fine or
imprison for contempt offered him/her while holding Court, or to process
issued by him/her in the same manner and to the same extent as the
Circuit Court.
[R.O. 2011 §125.290; Ord. No. 095-88 §XXX, 7-8-1988; Ord. No. 347-95 §I, 3-1-1995]
A.
The
Court may direct the issuance of a warrant for the arrest of any resident
of this State, or any non-resident upon whom process may be served
in this State, who fails to appear and answer a traffic ticket or
summons lawfully served upon him/her and against whom an information
has been filed by the proper prosecuting attorney or City Attorney.
Such warrant may be directed to any Peace Officer of the State and
may be executed in any County in this State.
If the warrant is not executed within thirty (30) days after
issue, the Court shall then place the case in an inactive file or
docket, subject to being reopened if thereafter the defendant appears
or such warrant is executed.
B.
If a defendant is not resident of this State or is not a resident of the County in which the alleged offense was committed or of any adjoining County in this State and fails to appear or answer a traffic ticket or summons lawfully served upon him/her and upon which a complaint or information has been filed within thirty (30) days after the return date of the ticket or summons, the Court shall mail a notice to the defendant at the address stated in the complaint or information. If the defendant fails to appear or otherwise answer within thirty (30) days after the mailing of the notice, or in parking cases if no notice is mailed within sixty (60) days after the return date of the ticket or summons, the Court shall place such case in an inactive file or docket, subject to being reopened if thereafter the defendant appears or the warrant provided for in Subsection (A) hereof is issued and executed.
C.
"John Doe" warrants may be issued when the true name of
the offender is unknown, and the motor vehicle bearing the license
number of the motor vehicle involved in the violation may be impounded
as and when authorized by law, and the owner thereof shall be subject
to such prima facie presumption of responsibility for such offense
as provided by law.
