City of Lake Ozark, MO
Miller County
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Table of Contents
Table of Contents
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:
1. 
Restitution to the victim or any dependent of the victim, in an amount to be determined by the judge; and
2. 
The performance of a designated amount of free work for a public or charitable purpose, or purposes, as determined by the judge.
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.
c. 
Effective July 1, 1997, the costs of three dollars ($3.00) as authorized by Subsections (2)(a) and (2)(b) of this Section, shall include non-moving violations.
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.