Section 135.180 Parole or Probation, When Granted — Certificate — Conditions of Probation — Modification of Conditions.
[R.O. 2010 §135.010; CC 1975 §157.01; 2nd Ser. Ord. No. 92 §2, 12-4-1978]
There is hereby established in this City a Municipal Court, to be known as the "Owensville Municipal Court, a Division of the 20th Judicial Circuit Court of the State of Missouri."
[R.O. 2010 §135.020; CC 1975 §157.03; 2nd Ser. Ord. No. 92 §2, 12-4-1978]
The jurisdiction of the Municipal Court shall extend to all cases involving alleged violations of the ordinances of the City.
[R.O. 2010 §135.030; CC 1975 §157.05; 2nd Ser. Ord. No. 92 §2, 12-4-1978]
The Judge of the City's Municipal Court shall be known as a Municipal Judge of the 20th Judicial Circuit Court, and shall be selected as follows: He/she shall be appointed to his/her position by the Mayor, subject to confirmation by the Board of Aldermen, for a term as specified herein.
[R.O. 2010 §135.040; CC 1975 §157.07; 2nd Ser. Ord. No. 92 §2, 12-4-1978]
The Municipal Judge shall hold his/her office for a period of two (2) years or until his/her successor is duly appointed and qualified, and shall take office biannually on the first (1st) Monday after his/her appointment; provided however, that the first such appointment shall terminate at Midnight on the day following the first (1st) meeting of the Board of Aldermen after the municipal election in April 1980, or at the time the successor Judge is appointed and qualified, whichever is later.
[R.O. 2010 §135.050; CC 1975 §157.09; 2nd Ser. Ord. No. 92 §2, 12-4-1978]
The Municipal Judge shall vacate his/her office under the following circumstances:
[R.O. 2010 §135.060; CC 1975 §157.095; 2nd Ser. Ord. No. 92 §2, 12-4-1978]
The Municipal Judge shall posses the following qualifications before he/she shall take office:
He/she must be a resident of the State of Missouri.
He/she must be between the ages of twenty-one (21) and seventy-five (75) years.
He/she may serve as Municipal Judge for any other municipality.
He/she may not hold any other office within the City Government.
He/she must, if he/she is not licensed to practice law in this State, within six (6) months after his/her selection to the position, satisfactorily complete a course of instruction for Municipal Judges as prescribed by the State Supreme Court.
The Municipal Judge shall be considered holding a part-time position, and as such may accept (within the requirements of the Code of Judicial Conduct, Missouri Supreme Court Rule 2) other employment.
[R.O. 2010 §135.070; CC 1975 §157.10; 2nd Ser. Ord. No. 92 §2, 12-4-1978]
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. 2010 §135.080; CC 1975 §157.15; 2nd Ser. Ord. No. 92 §2, 12-4-1978]
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. The 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.
[R.O. 2010 §135.090; CC 1975 §157.17; 2nd Ser. Ord. No. 92 §2, 12-4-1978]
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 Gasconade 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 Court.
[R.O. 2010 §135.100; CC 1975 §157.20; 2nd Ser. Ord. No. 92 §2, 12-4-1978]
The Municipal Judge shall be and is hereby authorized to:
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.
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 provision 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 Code or other ordinances of this City.
[R.O. 2010 §370.010]
There is hereby established a Violations Bureau. The City shall provide all expenses incident to the operation of the same.
When person charged may elect to appear at Bureau.
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.
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.
The Violations Bureau Clerk shall be the Municipal Court Clerk of the Municipal Court of Owensville, Missouri.
It shall be the function of said Violations Clerk to accept appearances, waivers of trial, pleas of guilty, and payment of fine and costs in traffic offenses subject to the limitation hereinafter prescribed.
The said Violations Clerk shall serve under the direction and control of the Municipal Judge of Owensville, the Presiding Judge of the Circuit Court of the 20th Judicial Circuit, and the said Municipal Court shall operate in accordance with the rules of the State of Missouri governing practice and procedure in Municipal Courts.
Offenses within the authority of the Violations Clerk and the schedules of the amount of fines and costs to be paid for first (1st) and second (2nd) offenses shall be as set out by the Municipal Judge.
Said designated offenses shall in no event include the following traffic cases:
Involving property damage or personal injury.
Operation of a motor vehicle while under the influence of intoxicating liquor or drugs or permitting another person under such influence to operate a motor vehicle owned by the defendant or in his/her custody or control.
Any second (2nd) speeding offense in a two (2) year period.
Leaving the scene of an accident.
Where the defendant has been arrested and accused of creating a hazardous, aggravated or dangerous situation.
Operating a motor vehicle with a suspended or revoked license.
Any offense not contained in the schedule of fines as provided for in Subparagraph (12) hereof.
All matters for which a plea of not guilty is entered, whether before the Violations Bureau Clerk or the Municipal Judge, shall be set for trial at the time and date as determined by the Municipal Judge. All trials shall be held in the municipal courtroom in the City Hall of Owensville, Missouri.
All fines and costs from the Violations Bureau shall be paid to the Violations Bureau Clerk and deposited by the said Violations Bureau Clerk not less frequently than monthly into the Municipal Treasury.
The said Violations Bureau Clerk, within the first ten (10) days of every month, shall make out a list of all cases handled in said Violations Bureau giving in each case the name of the defendant, the fine imposed and the amount of costs. Said list shall be furnished to the Board of Aldermen of the City of Owensville, Missouri, and a copy thereof forwarded to the Municipal Judge.
All expenses incident to the operations of the Violations Bureau, including salaries of clerical personnel, shall be paid by the municipality.
Designated offenses and schedule of fines and costs provided for in this Traffic Violations Bureau order shall be as reflected on the schedule on file in the City offices and shall be prominently posted in the City Hall of Owensville, Missouri.
Plea — payment of fine and costs.
Non-moving offenses. Within the time stated on the summons, any person charged with a non-moving offense may mail the amount of the fine and costs, if any, indicated on the ticket for such violation, together with a signed plea of guilty and waiver of trial, to the Violations Clerk or may pay the fine and costs in person or by attorney without a signed plea of guilty or by any member of his/her immediate family with defendant's signed plea of guilty at such Violations Bureau.
Other offenses. Within the time stated on the summons, any person charged with any traffic offense, other than a non-moving offense, within the authority of the Violations Clerk may appear by attorney with a signed plea of guilty or in person or by any member of his/her immediate family before the Violations Clerk with defendant's signed plea of guilty and waiver of trial, pay the fine established for the offense charged and costs. Defendant, if present, prior to such plea, waiver and payment, shall be informed of his/her right to stand trial, that his/her signature to plea of guilty will have the same force and effect as a judgment of the Court, and that the record of conviction will be sent to the Director of Revenue of the State or the appropriate office of the State from which he/she received his/her driver's license.
Procedure after two (2) convictions. Any person who has twice been found guilty in any Court having jurisdiction of traffic cases or who has signed a plea of guilty to two (2) previous moving traffic offenses in the preceding two (2) year period or shall have been charged with such offenses without either paying a satisfaction fine or posting an appearance bond within the time required by law or has forfeited bonds for such offenses shall not be permitted to appear before the Violations Clerk but shall be required to appear before the Municipal Judge on the third (3rd) and subsequent offenses within said preceding two (2) year period.
[R.O. 2010 §135.120; CC 1975 §157.30; 2nd Ser. Ord. No. 92 §2, 12-4-1978]
All warrants issued by the Municipal Judge shall be directed to the City Marshal or any other Police Officer of the Municipality or to the Sheriff of the County. The warrant shall be executed by the Marshal, 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. 2010 §135.130; CC 1975 §157.35; 2nd Ser. Ord. No. 92 §2, 12-4-1978]
The City Marshal 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. 2010 §135.140; CC 1975 §157.40; 2nd Ser. Ord. No. 92 §2, 12-4-1978]
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. 2010 §135.150; CC 1975 §157.50; 2nd Ser. Ord. No. 92 §2, 12-4-1978; Ord. No. 1216 §1, 1-4-2016]
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 subpoena and 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 subpoena.
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.
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 577.023, RSMo., or has had two (2) or more previous alcohol-related enforcement contacts as defined in Section 302.525, RSMo.
[R.O. 2010 §135.170; CC 1975 §157.60; 2nd Ser. Ord. No. 92 §2, 12-4-1978; Ord. No. 1216 §2, 1-4-2016]
If, in the opinion of the Municipal Judge, the City has no suitable and safe place of confinement, the Municipal Judge may commit a defendant who is to be confined 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 City 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. No person shall be placed in confinement for failure to pay a fine or court costs unless such non-payment violates terms of probation. No person shall be detained in order to coerce payment of fines and costs.
Section 135.180 Parole or Probation, When Granted — Certificate — Conditions of Probation — Modification of Conditions.
[R.O. 2010 §135.180]
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:
Restitution to the victim or any dependent of the victim, in an amount to be determined by the judge; and
The performance of a designated amount of free work for a public or charitable purpose, or purposes, as determined by the judge.
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. 2010 §135.190]
In any case tried before a Municipal Judge who is not licensed to practice law in this State, the defendant shall have a right to trial de novo, even from a plea of guilty, before a Circuit Judge or an Associate Circuit Judge.
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. 2010 §135.200; CC 1975 §157.63; 2nd Ser. Ord. No. 92 §2, 12-4-1978]
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. 2010 §135.210; CC 1975 §157.65; 2nd Ser. Ord. No. 92 §2, 12-4-1978]
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 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 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 Municipal Treasury to the General Revenue Fund of the City.
[R.O. 2010 §135.220; CC 1975 §157.67; 2nd Ser. Ord. No. 92 §2, 12-4-1978]
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 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 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. 2010 §135.240; CC 1975 §157.70; 2nd Ser. Ord. No. 92 §2, 12-4-1978]
The City shall employ some competent person as Clerk of the Municipal Court, who may also hold another appointive job with the City. 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 cost 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 Violations Bureau cases or as directed by the Municipal Judge; generally act as Violations Clerk of the Violations 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 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. 2010 §135.250; CC 1975 §157.75; 2nd Ser. Ord. No. 92 §2, 12-4-1978; Ord. No. 533 §1, 9-16-1996; Ord. No. 712 §1, 10-1-2001]
In addition to any fine that may be imposed by the Municipal Judge there shall be assessed as costs in all cases the following:
Cost of Court in the amount of twelve dollars ($12.00).
Police officer training.
In addition to all other Court costs authorized to be assessed by ordinance, three dollars ($3.00) shall be assessed as Court costs for each violation of the ordinances of the City of Owensville, provided that no such additional costs shall be assessed or collected for non-moving traffic violations, and that no such fee shall be collected in any proceeding when the proceeding or defendant has been dismissed by the Court.
Two dollars ($2.00) of such Court costs collected shall be deposited to the credit of the City Police Department to be used locally for the training of law enforcement officers. One dollar ($1.00) of such costs collected shall be deposited into the Peace Officer Standards and Training Commission Fund, to be used Statewide for training law enforcement officers. All checks for payment of the "one dollar fee" shall be payable to the "Treasurer, State of Missouri" and should be sent on or before the fifteenth (15th) day of each month to:
Department of Public Safety
Post Office Box 749
Jefferson City, MO 65102
There shall be assessed as Court costs a fee of seven dollars fifty cents ($7.50) in each court proceeding filed in the Owensville Municipal Division of the Circuit Court for violation of an ordinance of the City of Owensville, 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 City on behalf of an indigent defendant.
Other costs, such as for the issuance of a warrant, a commitment, or a summons, as provided before the Associate Circuit Judge in criminal prosecutions.
Actual costs assessed against the City by a County Sheriff for apprehension or confinement in a County Jail or any facility the City has contracted with for the confinement of prisoners.
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.
[R.O. 2010 §135.260; Ord. No. 712 §2, 10-1-2001]
Reimbursement Of Certain Costs Of Arrest.
Upon a plea or a finding of guilt for a first offense of violating the provisions of an ordinance of the City of Owensville involving alcohol or drug related traffic offenses, the Court may, in addition to imposition of any penalties provided by law, order the convicted person to reimburse the Police Department for the costs associated with such arrest.
Such costs hereby authorized shall include the reasonable cost of making the arrest, including the cost of any chemical test made as authorized or required by law or ordinance to determine the alcohol or drug content of the person's blood, and the costs of processing, charging, booking and holding such person in custody.
The Marshal or Chief of Police shall establish a schedule of such costs hereby authorized and shall submit the same to the Municipal Judge. However, the Court may order the costs reduced if it determines that the costs are excessive.
Upon receipt of such additional costs authorized by this Section, the City shall retain such costs in a separate fund to be known as the "DWI/Drug Offense Cost Reimbursement Fund." Monies with such fund shall be appropriated by the Board of Aldermen to the Police Department in amounts equal to those costs so collected and shall be used by such Department specifically to enhance and support the enforcement and prosecution of alcohol- and drug-related traffic laws within the City.
[R.O. 2010 §135.265; Ord. No. 554 §1, 2-18-1997]
Any person who is confined in the City of Owensville Detention Facility as a result of the violation of any Owensville ordinance or State law and either pleads guilty to such charge or is convicted thereof shall pay the following fees and expenses arising out of such confinement:
The actual cost of confinement as set forth in Section 135.250(5);
The replacement value of any property belonging to the City of Owensville damaged or destroyed during such confinement; and
Any medical expense incurred by the City of Owensville, Missouri, for the medical care or treatment of such person while so confined.
[R.O. 2010 §135.270; CC 1975 §157.77; 2nd Ser. Ord. No. 92 §2, 12-4-1978]
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. 2010 §135.280; CC 1975 §157.79; 2nd Ser. Ord. No. 92 §2, 12-4-1978]
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. The court clerk shall also be authorized to accept payment of fines and court costs by the use of approved credit cards.
[R.O. 2010 §135.285; Ord. No. 743 §1, 10-21-2002]
It shall be unlawful for any person who has been charged with violating the ordinances of the City of Owensville and the charge having been set in the Municipal Court of the City of Owensville to fail to appear before such Court as required. Proof of delivery or mailing of the Court notice to the person's last known address shall establish a presumption of knowledge by that person of his or her Court date.
It shall be unlawful for any person who has been convicted of, pled guilty to or has been found guilty of any offense in the Municipal Court of the City of Owensville and who has been sentenced to pay any fine or otherwise required by law to pay any monetary penalty or costs of Court or reimbursement of expenses associated with the investigation or prosecution of such offense to fail to pay such fine, penalty, costs or reimbursements as required by the Court.
Failure of any person to appear in the Municipal Court when required to do so and the failure to pay any fine, costs or other monetary penalty when required to do so shall be subject to the same fines, penalties and imprisonment as set forth in Section 100.050 of the Code of Ordinances of the City of Owensville, Missouri.