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University City, MO
St. Louis County
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Table of Contents
Table of Contents
[R.O. 2011 §2.26.010; Prior Code §8-1; Ord. No. 5129 §2]
There is established in this City a Municipal Court, to be known as the University City Municipal Court, a Division of the 21st Judicial Circuit Court of the State of Missouri. This Court is a continuation of the Municipal Court of the City as previously established, and is termed in this Chapter "the Municipal Court".
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 §2.26.030; Prior Code §8-3; Ord. No. 5129 §2]
The Judge of the City's Municipal Court shall be known as the Municipal Judge of the 21st Judicial Circuit Court, and shall be selected as follows: He/she shall be appointed to his/her position by the City Manager for a term specified in this Chapter.
[R.O. 2011 §2.26.040; Prior Code §8-4; Ord. No. 5129 §2; Ord. No. 6192, 1999]
The Municipal Judge shall hold his/her office until the expiration of his/her term on December 31, 1998. Thereafter, the Municipal Judge shall hold his/her office for a period of two (2) years and shall take office from January 1, 1999. If for any reason the Municipal Judge vacates his/her office, his/her successor shall complete that term of office, even if the same is for less than two (2) years.
[R.O. 2011 §2.26.050; Prior Code §8-5; Ord. No. 5129 §2]
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.
[R.O. 2011 §2.26.060; Prior Code §8-6; Ord. No. 5129 §2]
A. 
The Municipal Judge shall possess the following qualifications before he/she shall take office:
1. 
The Municipal Judge must be a licensed attorney, qualified to practice law within the State.
2. 
The Municipal Judge must reside within the City.
3. 
The Municipal Judge must be a resident of the State.
4. 
The Municipal Judge must be between the ages of twenty-one (21) and seventy-five (75) years.
5. 
The Municipal Judge may serve as Municipal Judge for any other municipality.
6. 
The Municipal Judge may not hold any other office within the City Government.
B. 
The Municipal Judge shall be considered as 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. 2011 §2.26.070; Prior Code §8-7; Ord. No. 5129 §2]
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 the Presiding Judge's directives.
[R.O. 2011 §2.26.080; Prior Code §8-8; Ord. No. 5129 §2]
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, fine imposed, if any, the amount of costs, names of the defendants committed and 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 report the same to the City Council of the City for examination. The Municipal Court shall, within ten (10) days after the first (1st) of the month, pay to the Director of Finance the full amount of all fines collected during the preceding month, if they have not previously been paid.
[R.O. 2011 §2.26.090; Prior Code §8-9; Ord. No. 5129 §2]
The Municipal Judge shall be a conservator of the peace. The Municipal Judge 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 record shall be records of the Circuit Court of the County. The Municipal Judge shall deliver this docket and record 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. 2011 §2.26.100; Prior Code §8-10; Ord. No. 5129 §2]
A. 
The Municipal Judge shall be and is authorized to:
1. 
Establish a Violations Bureau as provided for in the Missouri Rules of Practice and Procedure in Municipal Court and Traffic Courts in 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 of execution of any sentence, suspend any fine or sentence, and make such other orders as a 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 herein decide matters pending before 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 under this Chapter 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, by this Code or other ordinances of the City.
[R.O. 2011 §2.26.110; Prior Code §8-11; Ord. No. 5215 §1; Ord. No. 6192, 1999]
A. 
The Municipal Judge having original jurisdiction of traffic offenses may establish by Court order a Violations Bureau which shall be subject to the supervision of the Circuit Court.
B. 
A Clerk shall be designated by the Judge as the Violations Clerk. The Clerk shall perform the duties designated by the Court including accepting appearance, waiver of trial, plea of guilty, and payment of fine and costs in traffic offenses, subject to the limitations hereinafter prescribed.
C. 
The traffic offenses within the authority of the Violations Clerk shall be designated by order of the Judge. Such designated traffic offenses may be amended from time to time but shall in no event include the following:
1. 
Any violation resulting in personal injury or property damage;
2. 
Operating a motor vehicle while intoxicated or under the influence of intoxicants or drugs;
3. 
Operating a vehicle with a counterfeited, altered, suspended or revoked license;
4. 
Fleeing or attempting to elude an officer.
D. 
The Judge, by order prominently posted at the place where the fines are to be paid, shall specify by schedule the amount of fines and costs to be imposed for each traffic offense.
E. 
Within the time fixed by the Judge and subject to the Judge's order, any person charged with a traffic offense, except those requiring Court appearance, may deliver by mail or otherwise the specified amount of the fine and costs to the Violations Bureau. Said delivery constitutes a guilty plea and waiver of trial.
[R.O. 2011 §2.26.120; Prior Code §8-12; Ord. No. 5129 §2]
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 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 and criminal cases.
[R.O. 2011 §2.26.130; Prior Code §8-13; Ord. No. 5129 §2]
The Chief of Police or other Police Officer of the City may, without a warrant, make arrests 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 and codes.
Any person charged with a violation of an ordinance or Code of the City shall be entitled to a trial by jury if a trial by jury is required by law. Whenever a defendant accused of a violation of an ordinance or Code Section demands a trial by jury, the Municipal Court shall certify the case to the Circuit Court, as provided by law.
[R.O. 2011 §2.26.150; Prior Code §8-15; Ord. No. 5129 §2]
It shall be the duty of an attorney designated by the municipality to prosecute the violation of the City's ordinances and codes before the Municipal Judge or before any Circuit Judge hearing violations of the City's ordinances and codes. The salary or fees of the attorney and the attorney's necessary expenses incurred in such prosecution shall be paid by the City. The compensation of such attorney shall not be contingent upon the result in any case.
[R.O. 2011 §2.26.160; Prior Code §8-16; Ord. No. 5129 §2]
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 the Municipal Judge on the day set for trial to testify in the case and enter the names of such witnesses on the Municipal Judge's docket, which oral notice shall be valid as a summons.
[R.O. 2011 §2.26.170; Prior Code §8-17; Ord. No. 5129 §2]
A. 
If, in the progress of any trial before a 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, the Municipal Judge shall immediately stop all further proceedings before him/her as Municipal Judge and cause the complaint to be made before some Associate Circuit 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 577.023, RSMo., or has had two (2) or more previous alcohol-related enforcement contacts as defined in Section 302.525, RSMo.
[R.O. 2011 §2.26.180; Prior Code §8-18; Ord. No. 5129 §2]
If the City has no suitable or 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 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 discharge 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.
[R.O. 2011 §2.26.190; Prior Code §8-19; Ord. No. 5129 §2; Ord. No. 6192, 1999]
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:
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.
[R.O. 2011 §2.26.200; Prior Code §8-20; Ord. No. 5129 §2]
The defendant shall have a right to a trial de novo before a Circuit Judge or on assignment before an Associate Circuit Judge, except where there has been a plea of guilty or there has been a trial by jury. 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 §2.26.210; Prior Code §8-21; Ord. No. 5129 §2]
In case of a breach of any recognizance entered into before a Municipal Judge or an Associate Circuit Judge during an ordinance or code 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 an Associate Circuit Judge, and in the event of cases caused to be prosecuted before a Circuit Judge or an associate Circuit Judge, and in the event of cases caused to be prosecuted by a Municipal Judge, such shall be on the transcripts 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.
[R.O. 2011 §2.26.220; Prior Code §8-22; Ord. No. 5129 §2]
A Municipal Judge shall be disqualified to hear any case in which the Judge is in any way interested, or if before the trial has 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 of disqualification in the same case.
A. 
The University City Municipal Division of the St. Louis County Circuit Court shall be composed of two (2) Divisions. All cases shall be assigned to Division One. Upon the disqualification, temporary absence or illness of the Judge of Division One, cases shall be transferred to Division Two for further proceedings in accordance with law.
B. 
The Judges of the City's Municipal Court shall be known as the Municipal Judges of the 21st Judicial Circuit Court of Missouri and they shall be appointed to their positions by the Council for a term as specified herein.
[1]
State Law Reference — Authority to provide for selection of municipal judges, §479.020(1), RSMo.
[R.O. 2011 §2.26.260; Prior Code §8-25; Ord. No. 5129 §2; Ord. No. 6192, 1999]
A. 
There shall be a Clerk of the Municipal Court. The duties of the Clerk shall include the following:
1. 
To collect fines and Court costs for ordinance violations;
2. 
To take oaths and affirmations;
3. 
To accept signed complaints, and allow the same to be signed and sworn to or confirmed before him/her;
4. 
To sign and issue subpoenas and summonses;
5. 
To perform such duties as directed by the City Manager;
6. 
To perform all other duties required by law.
[R.O. 2011 §2.26.270; Prior Code §1-8.1; Ord. No. 5095 §§1 — 2; Ord. No. 6021 §1, 6-26-1995]
A. 
A Judge of the Municipal Court may assess Court costs against a defendant in an amount not to exceed twelve dollars ($12.00) per case for each municipal ordinance violation case filed before a Municipal Judge in the event the defendant pleads guilty or is found guilty, except in those cases where the defendant is found by the Judge to be indigent and unable to pay the Court costs.
B. 
The Court costs authorized in this Section are in addition to service costs, witness fees and jail costs that may otherwise be authorized to be assessed, but are in lieu of other Court or Judge costs or fees.
C. 
The Court costs authorized in this Section shall be collected by the Clerk of the Municipal Court and paid to and deposited not less frequently than monthly into the City Treasury.
[R.O. 2011 §§2.26.280, 2.26.290; Prior Code §1-8.2.5; Ord. No. 6192, 1999; Ord. No. 6337 §1, 2001; Ord. No. 7099, 2-25-2019]
A. 
Crime Victims' Compensation Fund.
1. 
A surcharge of seven dollars fifty cents ($7.50) shall be assessed as Court costs against a defendant in each Court proceeding for violation of a municipal ordinance except that no such fee shall be collected when the proceeding or the defendant has been dismissed by the Court or when costs are to be paid by the City. The Clerk of the Municipal Court shall collect such Court costs.
2. 
At least monthly, ninety-five percent (95%) of the Court costs collected by the Municipal Court Clerk pursuant to this Subsection shall be paid to the Missouri Director of Revenue for the Crime Victims' Compensation Fund and the Services To Victims' Fund, and the remaining five percent (5%) shall be paid into the City Treasury.
B. 
Peace Officer Standards And Training Commission Fund.
1. 
A surcharge of three dollars ($3.00) shall be assessed as Court costs in each case involving violation of a municipal ordinance, provided that no such fee shall be collected when the proceeding or the defendant has been dismissed by the Court or when costs are to be paid by the City. The Clerk of the Municipal Court shall collect such Court costs.
2. 
Two dollars ($2.00) of each such Court costs shall be transmitted monthly to the Treasurer of the City and used to pay for the peace officer training required as provided by Sections 590.100 to 590.180, RSMo. The City shall not retain more than one thousand five hundred dollars ($1,500.00) of such funds for each certified Law Enforcement Officer or candidate for certification employed by the City. Any excess funds shall be transmitted quarterly to the City's General Fund.
3. 
One dollar ($1.00) of each such Court costs shall be sent to the State Treasury to the credit of the Peace Officer Standards and Training Commission Fund created by Section 590.178, RSMo.
C. 
Shelters For Victims Of Domestic Violence.
1. 
A surcharge of four dollars ($4.00) shall be assessed in each case involving violation of a municipal ordinance. No surcharge shall be collected in any proceeding when the proceeding or the defendant has been dismissed by the Court or when costs are to be paid by the City. The Clerk of the Municipal Court shall collect such surcharge.
2. 
The surcharges collected by the Municipal Court Clerk pursuant to this Subsection shall be disbursed to St. Louis County at least monthly to use only for the purpose of providing operating expenses for shelters for battered persons as defined in Sections 455.200 to 455.230, RSMo.
D. 
Inmate Prisoner Detainee Security Fund.
1. 
A surcharge of two dollars ($2.00) shall be assessed as Court costs in each Court proceeding involving violation of a municipal ordinance, except that no such fee shall be collected in any proceeding when the proceeding or the defendant has been dismissed by the Court or when costs are to be paid by the City. The Clerk of the Municipal Court shall collect such Court costs.
2. 
The surcharges collected by the Clerk of the Municipal Court pursuant to this Subsection shall be paid to the City Treasurer not less frequently than monthly. The City Treasurer shall deposit the funds generated by the surcharge into the "Inmate Prisoner Detainee Security Fund." Funds deposited shall be utilized to acquire and develop biometric verification systems and information sharing to ensure that inmates, prisoners, or detainees in a holding cell facility or other detention facility or area which hold persons detained only for a short period of time after arrest or after being formally charged can be properly identified upon booking and tracked within the local law enforcement administration system, criminal justice administration system, or the local jail system. Upon the installation of the information sharing or biometric verification system, funds in the inmate prisoner detainee security fund may also be used for the maintenance, repair, and replacement of the information sharing or biometric verification system, and also to pay for any expenses related to detention, custody, and housing and other expenses for inmates, prisoners, and detainees.
E. 
Statewide Court Automation Fund.
1. 
A surcharge of seven dollars ($7.00) shall be assessed as Court costs in each case involving a violation of a municipal ordinance, except that no such fee shall be collected in any proceeding when the proceeding or the defendant has been dismissed by the Court or when costs are waived or are to be paid by the City. The Clerk of the Municipal Court shall collect such Court costs.
2. 
The surcharges collected by the Clerk of the Municipal Court pursuant to this Subsection shall be paid to the Missouri Director of Revenue to the credit of the Statewide Court Automation Fund established by Section 476.055, RSMo.
[R.O. 2011 §2.26.300; Prior Code §8-27; Ord. No. 5129 §2]
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 or from malicious motives; or in the event any complainant, prosecutor or person other than a City Officer, at whose instance or upon whose information any suit may be instituted by the City, neglects and fails to appear and prosecute the same; or in the event any complainant refuses to prosecute such complaint.
[R.O. 2011 §2.26.310; Prior Code §8-28; Ord. No. 5129 §2]
When a fine is assessed for violating an ordinance or code, 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 the Judge may deem appropriate.
[R.O. 2011 §10.16.340; Prior Code §21-107.3; Ord. No. 5890 §1, 10-5-1992]
Upon a plea of guilty or a finding of guilty of violating Section 342.010 or 342.030, the court may, in addition to imposition of any penalties provided by law, order the convicted person to reimburse the State or local Law Enforcement Agency which made the arrest for the costs associated with such arrest. Such costs shall include the reasonable cost of making the arrest, including the cost of any chemical test made under this Title 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 Chief of Police may establish a schedule of such costs; however, the court may order the costs reduced if it determines that the costs are excessive.