Cross Reference — For additional provisions of municipal judge, see §§105.680 — 105.700.
[Ord. No. 109 §1, 12-19-1978]
There is hereby established in this City a Municipal Court,
to be known as "the City of Lake Ozark Municipal Court, a Division
of the 26th Judicial Circuit Court of the State of Missouri." This
Court is a continuation of the Police Court of the City as previously
established, and is termed herein "the Municipal Court".
[Ord. No. 109 §2, 12-19-1978]
The jurisdiction of the Municipal Court shall extend to all
cases involving alleged violations of the ordinances of the City.
[Ord. No. 109 §3, 12-19-1978]
The Judge of the City's Municipal Court shall be known as a
Municipal Judge of the 26th Judicial Circuit Court, and shall be selected
as follows: appointed by the Mayor with the advice and consent a majority
of the members of the Board of Aldermen.
[Ord. No. 109 §4, 12-19-1978]
The Municipal Judge shall hold his/her office for a period of
two (2) years and shall take office biannually from the second (2nd)
Tuesday in April, 1979. 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.
[Ord. No. 109 §5, 12-19-1978]
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 seventieth (70th) birthday, or
3.
Should
he/she fail, within six (6) months of his/her selection, to satisfactorily
complete a course of instruction for Municipal Judge as prescribed
by the State Supreme Court.
[Ord. No. 109 §6, 12-19-1978]
A.
The Municipal
Judge shall possess the following qualifications before he/she shall
take office:
1.
He/she
need not be a licensed attorney, qualified to practice law within
the State of Missouri.
2.
He/she
must 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 (70) years.
5.
He/she
may serve as Municipal Judge for other municipalities.
6.
He/she
may not hold any other office within the City Government.
7.
Unless
he/she is licensed to practice law within the State of Missouri, he/she
must, 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.
8.
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.
[Ord. No. 109 §7, 12-19-1978]
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.
[Ord. No. 109 §8, 12-19-1978]
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. 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 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.
[Ord. No. 109 §9, 12-19-1978]
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 Miller 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.
[Ord. No. 109 §10, 12-19-1978]
A.
The Municipal
Judge shall be and is hereby authorized to:
1.
Establish
a Traffic Violations Bureau as provided for in the Missouri Rules
of Practice and Procedure in Municipal and Traffic Courts and Section
479.050 of the Revised Statutes of Missouri.
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 procedures 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 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.
[Ord. No. 109 §11, 12-19-1978]
Should the Municipal Judge determine that there shall be a Traffic
Violations Bureau, the City shall provide all expenses incident to
the operation of the same. The City Clerk is hereby designated as
the Traffic Violations Clerk for said Bureau, if established.
[Ord. No. 109 §12, 12-19-1978]
All warrants issued by the Municipal Judge shall be directed
to the Chief of Police or any other Police Officer of the City 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.
[Ord. No. 109 §13, 12-19-1978]
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.
[Ord. No. 109 §14, 12-19-1978]
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 City ordinance demands trial by jury,
the Municipal Court shall certify the case to the Presiding Judge
of the Circuit Court for reassignment.
[Ord. No. 109 §15, 12-19-1978]
It shall be the duty of an attorney designated by the Municipality
to prosecute the violations of the City's ordinances before the Municipal
Judge or before any Circuit Judge hearing violations of the City's
ordinances. The salary or fees of the attorney and his/her necessary
expenses incurred in such prosecutions shall be paid by the City.
The compensation of such attorney shall not be contingent upon the
result of any case.
[Ord. No. 109 §16, 12-19-1978]
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.
[Ord. No. 109 §17, 12-19-1978]
If, in the progress of any trial before a Municipal Judge, it
shall appear to the Judge that the accused ought to be put on 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.
[Ord. No. 109 §18, 12-19-1978]
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.
A.
Any judge
hearing violations of City 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.
A.
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.
B.
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.
C.
In any
case tried with a jury before an Associate Circuit Judge a record
shall be made and appeals may be had upon that record to the appropriate
Appellate Court.
D.
The Supreme
Court may provide by rule what record shall be kept and may provide
that it be a stenographic record or one made by the utilization of
electronic, magnetic, or mechanical sound or video recording devices.
[Ord. No. 109 §21, 12-19-1978]
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.
[Ord. No. 109 §22, 12-19-1978]
In 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.
[Ord. No. 109 §23, 12-19-1978]
A 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.
[Ord. No. 109 §24, 12-19-1978]
The Municipal Judge shall receive as compensation for his/her
duties a sum as set by ordinance from time to time.
A.
If a Municipal Judge be absent, sick or disqualified from acting, the Mayor may request the Presiding Judge of the Circuit Court to designate a special Municipal Judge as provided in Subsection (B) of this Section or the Mayor may designate some competent, eligible person to act as Municipal Judge until such absence or disqualification shall cease; provided however, that should a vacancy occur in the office of an elected Municipal Judge more than six (6) months before a general municipal election, then a special election shall be held to fill such vacancy; and in case of vacancy in the office of an elected Municipal Judge within less than six (6) months of a general municipal election, the office may be filled by a competent, eligible person designated by the Mayor or as provided in Subsection (B) of this Section.
B.
The Presiding
Judge of the Circuit Court may appoint any other Municipal Judge within
the circuit to act as a special Municipal Judge for a Municipal Judge
of the circuit who is absent, sick or disqualified from acting. The
Presiding Judge shall act only upon request of the Mayor for a special
Municipal Judge.
C.
The Board
of Aldermen shall provide by ordinance for the compensation of any
person designated to act as Municipal Judge under the provisions of
this Section.
[Ord. No. 109 §26, 12-19-1978]
A.
The duties
of the Clerk of the Municipal Court 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, wavier of trial and plea of guilty and payment of
fine and costs in Traffic Violations Bureau cases or as directed by
Municipal Judge; generally act as Violations Clerk of the Traffic
Violations 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 Municipal
Code and amendments thereto which shall constitute prima facie evidence
of such ordinance before the Court.
[Ord. No. 109 §27, 12-19-1978; Ord. No. 94-1 §§1 — 3, 1-11-1994; Ord. No. 96-14 §§1 — 4, 12-10-1996; Ord. No. 97-2 §1, 2-11-1997; Ord.
No. 98-15 §§1 — 2, 5-26-1998; Ord. No. 99-25 §§1 — 2, 12-14-1999; Ord. No. 2001-26 §1, 9-25-2001; Ord.
No. 2003-34 §1, 9-23-2003; Ord. No. 2004-10 §1, 8-10-2004]
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.
Additional costs.
a.
In
addition to any fine or other costs that may be imposed by the Municipal
Judge, there shall be assessed as costs in all cases, except those
for non-moving traffic violations, unless dismissed or costs are to
be paid by the municipality, the sum of two dollars ($2.00) to be
used for the training of Peace Officers. This fee shall be transmitted
monthly to the Treasurer of the City.
b.
An
additional one dollar ($1.00) shall be assessed as costs in all cases,
except those for non-moving traffic violations. This fee shall be
deposited with the Treasurer of the State in the Peace Officers Standards
and Training Commission Fund to be used Statewide for training of
Peace Officers.
3.
In addition
to any fine or other costs that may be imposed by the Municipal Judge,
there shall also be assessed as costs in all cases, including violation
of municipal ordinances, including non-moving traffic violations,
unless dismissed or costs are to be paid by the municipality, the
sum of seven dollars fifty cents ($7.50) for Crime Victim's Compensation
Fund fee.
4.
Court cost for shelters for battered persons.
a.
In
accordance with Section 479.261, RSMo., an additional Court cost of
two dollars ($2.00) for each municipal violation filed shall be levied
for the express purpose of providing operating expenses for shelters
for battered persons.
b.
All
costs shall be collected by the Clerk of the Municipal Court as part
of Court costs collectible under Section 479.260, RSMo., and remitted
to the City at least monthly and shall be used for the express purpose
provided by Section 479.261, RSMo.
5.
Alcohol and drug related traffic offenses. In addition to
any other penalties and costs provided by law or ordinance, the Court
may order any person convicted of an alcohol or drug related traffic
offense to reimburse the City for the costs associated with the arrest
of such person. Such costs shall include the reasonable costs of making
the arrest, including the cost of any chemical test made 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.
A schedule of such costs shall be established by the Lake Ozark Police
Department and filed with the Clerk of the Municipal Court, and the
Court may impose costs in accordance with the schedule; provided the
court may also order the costs reduced in a case if the Court determines
the costs are excessive.
6.
In accordance
with Section 516.035, RSMo., 1996, it is hereby ordered that an additional
five dollar ($5.00) Court fee be levied and charged on conviction
of all alcohol related traffic offenses. For the purposes hereof alcohol
related traffic offenses include convictions of blood alcohol content,
driving while intoxicated, and any driving under the influence offenses.
7.
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.
8.
Actual
costs assessed against the City by the County Sheriff for apprehension
or confinement in the County Jail.
9.
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.
10.
(Reserved).
[Ord. No. 109 §28, 12-19-1978]
The cost 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.
[Ord. No. 109 §29, 12-19-1978]
When a fine is assessed for violating an ordinance, it should
be within the discretion of the Judge assessing the fine to provide
for payment of a fine on an installment basis under such terms and
conditions as he/she may deem appropriate.
[Ord. No. 68 §§2-3, 5-6-1971]
A.
The fees
and expenses authorized by law of all witnesses who are summoned,
and appear in any case before the Municipal Court of the City of Lake
Ozark, Missouri, shall also be collected from every person hereafter
convicted before said Municipal Court of said City for the violation
of any of the ordinances of said City, as additional costs in each
case.
B.
The sums so collected as costs under Section 125.270(1) and Subsection (A) hereof shall be paid into the General Revenue Funds of said City of Lake Ozark, and all of the expenses of operating the Municipal Court of said City, and the fees and expenses of all witnesses who appear in any proceeding before said Court shall, when authorized, be paid out of said General Revenue Fund.
[Ord. No. 133 §§1
— 3, 3-2-1983]
A.
In addition
to the forfeiture of any security which was given or pledged for his/her
release, any person who, having been released upon a recognizance
or bond, willfully fails to appear before the Circuit Court of Miller
County, Missouri, Municipal Division of the City of Lake Ozark, Missouri,
as required shall be deemed guilty of an offense.
B.
Nothing
herein contained shall prevent the exercise by any court of its power
to punish for contempt.
[Ord. No. 2013-13 §1, 8-13-2013]
A.
The Municipal Court of the City of Lake Ozark shall assess and collect,
in accordance with § 57.955, RSMo., a surcharge of three
dollars ($3.00) in all actions filed in the Lake Ozark Municipal Court
where court costs are assessed against defendants. The surcharge shall
be in addition to any other fees, expenses and court costs authorized
by law to be collected.
B.
The Municipal Court Clerk of the City of Lake Ozark responsible for
collecting court costs in municipal court cases shall be responsible
for collecting the surcharge pursuant to this Section and shall disburse
and pay said surcharge amounts collected to the Missouri Sheriffs'
Retirement System.
