[R.O. 2011 §135.010; Ord. No. 2841 §1, 11-8-1978]
The City of Trenton, Missouri, a City of the Third Class, hereby elects to have all violations of its municipal ordinances heard and determined by an Associate Circuit Judge of the Circuit Court of Grundy County, Missouri, the County in which the City of Trenton is located.
[R.O. 2011 §135.020; Ord. No. 2841 §2, 11-8-1978]
The Division of the Circuit Court of Grundy County, Missouri, which hears and determines violations of the ordinances of the City of Trenton shall be known as the "Municipal Division of the Circuit Court of Grundy County, Missouri."
[R.O. 2011 §135.030; Ord. No. 3049 §1, 8-25-1982; Ord. No. 2017-9, 2-27-2017]
The Associate Circuit Judge may establish a Violations Bureau in the City of Trenton, and shall establish such a Bureau when a request therefore is made by the City Council of the City of Trenton. The Violations Bureau shall operate under the supervision of the Circuit Court and the Associate Circuit Judge hearing and determining violations of the ordinances of the City of Trenton, and shall be operated in accordance with the rules of the Supreme Court and the rules of the Circuit Court. The Violations Bureau shall be located in the Grundy County Courthouse. The Violations Bureau shall accept pleas of guilty to certain violations of traffic ordinances designated by the Associate Circuit Judge and Court costs assessed on said pleas of guilty. Court costs shall be assessed as provided in Section 135.070.
[R.O. 2011 §135.040; Ord. No. 2841 §4, 11-8-1978; Ord. No. 2017-10, 2-27-2017]
The City of Trenton, Missouri, elects to have the Circuit Clerk and the deputies of the Grundy County Circuit Court serve as the clerk of the Municipal Division of the Circuit Court of Grundy County. The clerk may also serve as clerk in the Traffic Violations Bureau. All municipal ordinance cases shall be maintained by the Grundy County Circuit Court and the State Judicial Information System.
Editor's Note: Ord. No. 2017-10 also removed "Bond" from the title of this Section.
[R.O. 2011 §135.050; Ord. No. 2841 §5, 11-8-1978]
At such times as the Associate Circuit Judge is hearing and determining violations of the ordinances of the City of Trenton, the Chief of Police or any member of the City Police Department shall serve as bailiff to the Court.
[R.O. 2011 §135.060; Ord. No. 2841 §6, 11-8-1978]
The Associate Circuit Judge may hear and determine violations of the ordinances of the City in a Courtroom provided by the County or, at the request of the Associate Circuit Judge, the City shall provide a suitable Courtroom in which to hold Court.
[R.O. 2011 §135.070; Ord. No. 3049 §2, 8-25-1982; Ord. No. 96-59 §1, 12-11-1996; Ord. No. 01-32 §1, 9-24-2001; Ord. No. 04-21 §1, 5-10-2004; Ord. No. 08-06 §1, 2-25-2008; Ord. No. 2013-31 §1, 8-26-2013; Ord. No. 2015-51 §1, 8-10-2015]
In cases of violations of ordinances of the City submitted to, heard and determined by an Associate Circuit Judge, Court costs shall be assessed by the Associate Circuit Judge in the amount of fifteen dollars ($15.00) per case. In addition, the Judge shall assess the sum of two dollars ($2.00) special Court costs for each violation of an ordinance of the City; provided, however, that no such special Court costs shall be assessed for non-moving traffic violations and violation of ordinances pertaining to the regulations of fish and game. The special Court costs shall be used for training Law Enforcement Officers. In the event a defendant pleads guilty or is found guilty, the Judge shall assess the Court costs aforesaid against the defendant, except in those cases where the defendant is found by the Judge to be indigent and unable to pay the costs. In the event a defendant is acquitted or the case is dismissed, the Judge shall not assess costs against the City. The 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 costs. Such costs shall be collected by the Clerk of the Municipal Division of the Circuit Court or as provided by the Court rule.
Crime Victims' Compensation. The official of the Municipal Court responsible for collection of Court costs and fines may assess as additional Court costs seven dollars fifty cents ($7.50) for each Court proceeding filed for violation of the ordinances of the City of Trenton, provided that no such fees shall be collected for non-moving traffic violations, and no such fee shall be collected in any proceeding in such Court when the proceeding or defendant has been dismissed by the Court. The Court Clerk shall remit seven dollars thirteen cents ($7.13) to the State Department of Revenue and thirty-seven cents ($0.37) to the City Treasurer.
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 offense or amended alcohol- or drug-related offense to reimburse the City for the costs associated with the arrest of such person. Such costs shall include the reasonable cost 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 Trenton Police Department and filed with the Clerk of the Municipal Court, and the Court may impose costs in accordance with the schedule, provided that the Court may order the costs reduced in a case if the Court determines the costs are excessive.
The Municipal Court Judge shall assess an additional domestic violence shelter surcharge in the amount of four dollars ($4.00). The official of the Municipal Court responsible for collection of Court costs and fines shall collect the additional Court costs and promptly dispense them no less than monthly to the City of Trenton. The City of Trenton shall use the proceeds of these additional Court costs only for the purpose of providing operating expenses for shelters for victims of domestic violence that are qualified under State law to receive the proceeds of the additional costs.
When there is an application for trial de novo there shall be an additional fee of thirty dollars ($30.00) which shall be assessed as Court costs.
Police Officer Training Fee. A fee of three dollars ($3.00) is hereby established and assessed as additional Court costs in each Court proceeding, except that no such fee shall be collected when the proceedings against the defendant have been dismissed.
Two dollars ($2.00) of each such Court cost shall be transmitted monthly to the Treasurer of the City and used to pay for Police Officer training as provided by Sections 590.100 to 590.180, RSMo. The City shall not retain for training purposes 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.
One dollar ($1.00) of each such Court cost shall be sent to the State Treasury to the credit of the Peace Officers Standards and Training Commission Fund created by Section 590.178, RSMo.
A Court automation fee of seven dollars ($7.00) is assessed for all cases except if the case or defendant is dismissed, or when costs are to be paid by the State, County or municipality on behalf of an indigent defendant. The funds shall be submitted to the Missouri Department of Revenue using the form called the "Uniform Disbursement Record."
As a condition of probation the Court may impose as a requirement the payment in lieu of fine to the General Revenue Fund of the City of Trenton in any amount not to exceed the maximum fine of five hundred dollars ($500.00), if imposed or as otherwise established by ordinance.
Biometric Verification System. A surcharge of two dollars ($2.00) shall be assessed as costs in each Court proceeding filed in the City of Trenton's Municipal Court in all matters filed in said Municipal Court for violation of a municipal ordinance to provide biometric verification systems. Upon the installation of the biometric verification systems, funds in the Inmates' Security Fund may be used for the maintenance of the biometric verification system and to pay for any expenses related to custody, housing and other expenses for prisoners. The City shall deposit funds generated by the surcharge into the Inmate Security Fund.
Sheriffs' Retirement Fund Surcharge. A surcharge of three dollars ($3.00) shall be assessed as Court costs in each Court proceeding filed in the City of Trenton's Municipal Court for violation of a municipal ordinance, but no surcharge shall be assessed when the costs are waived or are to be paid by the City of Trenton or when a case has been dismissed by the Court.
[R.O. 2011 §135.080; Ord. No. 2841 §8, 11-8-1978]
In cases of violations of ordinances of the City submitted to, heard and determined before an Associate Circuit Judge, all fines shall be paid to and deposited at least monthly into the City Treasury and all Court costs shall be accounted for and remitted to the State Treasury in the same manner as provided by law for costs in misdemeanor or ordinance violation cases. However, costs assessed in cases processed by the Violations Bureau shall be paid into the City Treasury as provided in Section 135.030.
[R.O. 2011 §135.090; Ord. No. 2841 §9, 11-8-1978]
The Supreme Court by administrative rule may provide for uniform procedure, and reporting forms for the collection and transmittal of fines and costs. Until modified or otherwise provided by such administrative rule, the Associate Circuit Judge hearing and determining violations of City ordinances, shall cause the Clerk of the Municipal Division, within the first ten (10) days of every month, to make out a list of all the cases heard or tried before the Judge during the preceding month, giving in each case the name of the defendant, the fine imposed, if any, the amount of costs, the names of defendants committed and the cases in which there was application for trial de novo, respectively. Such Clerk or the Judge shall verify such lists and statements by affidavit, and file the same forthwith with the Clerk of the City. The official collecting fines, shall, within the ten (10) days aforesaid, pay to the City Treasurer the full amount of all fines collected by him/her during the preceding month if not previously paid to the City Treasurer.
[R.O. 2011 §135.100; Ord. No. 2841 §10, 11-8-1978]
All prosecutions for the violations of the City ordinances shall be instituted by information and may be based upon a complaint. Proceedings shall be in accordance with the Supreme Court Rule governing practices and procedure in proceedings before Municipal Judges.
[R.O. 2011 §135.110; Ord. No. 2841 §11, 11-8-1978; Ord. No. 05-24 §1, 7-25-2005]
Search Warrant Defined — Who May Issue, Execute.
A "search warrant" is a written order of the Municipal Judge commanding the search or inspection of any property, place or thing and the seizure, photographing, copying or recording of property or physical conditions found thereon or therein to determine or prove the existence of violations of any ordinance or Code Section of the Trenton City Code relating to the use, condition or occupancy of property or structures located within the City of Trenton or to enforce the provisions of any such ordinance or Code Section.
The Municipal Judge having original and exclusive jurisdiction to determine violations against the ordinances of the municipality may issue search warrants when:
The property or place to be searched or inspected or the thing to be seized is located within the City of Trenton at the time of the making of the application; and
The owner or occupant of the property or place to be searched or inspected or the thing to be seized has refused to allow same after official request by the Chief of Police, Police Officer, Sheriff or any Code Enforcement Officer.
Any such warrant shall be directed to the Chief of Police or any other Police Officer, Code Enforcement Officer or Sheriff and shall be executed by the Chief of Police or said Police Officer, Code Enforcement Officer or Sheriff within the Trenton City limits and not elsewhere.
Who May Apply For Warrant — Contents Of Application.
The Chief of Police, any Police Officer or a Code Enforcement Officer of the City of Trenton may make application to the Municipal Judge for the issuance of search warrant.
The application shall:
Be in writing;
State the time and date of the making of the application;
Identify the property or places to be entered, searched, inspected or seized in sufficient detail and particularity that the officer executing the warrant can readily ascertain it;
State that the owner or occupant of the property or places to be entered, searched, inspected or seized has been requested to allow such action and has refused to allow such action or state the owner or occupant is unavailable or unable to give consent;
State facts sufficient to show probable cause for the issuance of a search warrant, as provided in Subsection (C)(1) hereof, to:
Search or inspect for violations of an ordinance or Code Section specified in the application; or
Show that entry or seizure is authorized and necessary to enforce an ordinance or Code Section specified in the application and that any required due process has been afforded prior to the entry or seizure;
Be verified by the oath or affirmation of the applicant; and
Be signed by the applicant and filed in the Municipal Court.
The application may be supplemented by a written affidavit verified by oath or affirmation. Such affidavit shall be considered in determining whether there is probable cause for the issuance of a search warrant and in filling out any deficiencies in the description of the property or place to be searched or inspected. Sworn oral testimony may be considered in the discretion of the Judge. Unsworn oral testimony shall not be considered.
Hearing And Procedure — Contents Of Warrant — Execution And Return.
Hearing and procedure.
The Municipal Judge shall hold a non-adversary hearing to determine whether probable cause exists to inspect or search for violation of any ordinance or Code Section or to enforce any such ordinance or Code Section.
In doing so the Municipal Judge shall determine whether the action to be taken by the applicant is reasonable in light of the facts stated. The Municipal Judge shall consider the goals of the ordinance or Code Section sought to be enforced and such other factors as may be appropriate, including, but not limited to, the physical condition of the specified property, the age and nature of the property, the condition of the area in which the property is located, the known violation of any relevant ordinance or Code Section and the passage of time since the property's last inspection. The standard for issuing a warrant need not be limited to actual knowledge of an existing violation of an ordinance or Code Section.
If it appears from the application and any supporting affidavit that there is probable cause to inspect or search for violations of any ordinance or Code Section or to enforce any such ordinance or Code Section, a search warrant shall immediately be issued.
The warrant shall issue in the form of an original and two (2) copies. The application, any supporting affidavit and one (1) copy of the warrant as issued shall be retained in the records of the Municipal Court.
Contents of search warrant. The search warrant shall:
Be in writing and in the name of the City of Trenton;
Be directed to the Chief of Police, any Police Officer, any Code Enforcement Officer or Sheriff in the City of Trenton;
State the time and date the warrant was issued;
Identify the property or places to be searched, inspected or entered upon in sufficient detail and particularity that the officer executing the warrant can readily ascertain it;
Command that the described property or places be searched or entered upon and that any evidence of any ordinance violations found therein or thereon or any property seized pursuant thereto or a description of such property seized be returned, within ten (10) days after filing of the application, to the Municipal Judge who issued the warrant, to be dealt with according to law;
Be signed by the Judge, with his/her title of office indicated.
Execution and return. A search warrant issued under this Section shall be executed by the Chief of Police, any Police Officer, any Code Enforcement Officer or Sheriff, provided however, that one (1) or more designated City of Trenton officials may accompany the officer and the warrant shall be executed in the following manner:
The warrant shall be executed by conducting the search, inspection, entry or seizure as commanded and shall be executed as soon as practicable and in a reasonable manner.
The officer shall give the owner or occupant of the property searched, inspected or entered upon a copy of the warrant.
Seizure of any property:
If any property is seized incident to the search, the officer shall give the person from whose possession it was taken, if the person is present, an itemized receipt for the property taken. If no such person is present, the officer shall leave the receipt at the site of the search in a conspicuous place.
A copy of the itemized receipt of any property taken shall be delivered to owner or occupant within two (2) working days of the search, if such owner or occupant can be located after a good faith attempt.
The disposition of property seized pursuant to a search warrant under this Section shall be in accordance with an applicable ordinance or Code Section, but in the absence of same, then with Section 542.301, RSMo.
The officer may summon as many persons as he/she deems necessary to assist him/her in executing the warrant and such persons shall not be held liable as a result of any illegality of the search and seizure.
An officer making a search pursuant to an invalid warrant, the invalidity of which is not apparent on its face, may use such force as he or she would be justified in using if the warrant were valid.
A search warrant shall expire if it is not executed and the required return made within ten (10) days after the date of the making of the application.
After execution of the search warrant, the warrant, with a return thereon signed by the officer making the search, shall be delivered to the Municipal Court.
The return shall show the date and manner of execution and the name of the possessor and of the owner, when not the same person, if known, of the property or places searched or seized.
The return shall be accompanied by any photographs, copies or recordings made and by any property seized, along with a copy of the itemized receipt of such property required by this Section; provided however, that seized property may be disposed of as provided herein and in such a case a description of the property seized shall accompany the return.
The Court Clerk, upon request, shall deliver a copy of the return to the possessor and the owner, when not the same person, of the property searched or seized.
[R.O. 2011 §135.120; Ord. No. 2841 §12, 11-8-1978]
The Chief of Police or other Police Officer of the City shall, 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 Associate Circuit Judge hearing violations of City ordinances.
[R.O. 2011 §135.130; Ord. No. 2841 §13, 11-8-1978]
The City Attorney or City Counselor is hereby designated by the City to prosecute the violations of the ordinances of the City before the Associate Circuit Judge hearing the violations of the ordinances of the City. The salary or fees of the attorney or counselor and his/her necessary expenses incurred in such prosecutions shall be paid by the City.
[R.O. 2011 §135.140; Ord. No. 2841 §14, 11-8-1978]
Any person charged with the violation of an ordinance of the City shall be entitled to a trial by jury, as in prosecutions for misdemeanors before an Associate Circuit Judge.
[R.O. 2011 §135.150; Ord. No. 2841 §15, 11-8-1978]
In any trial for the violation of an ordinance of the City, all issues of fact shall be tried by the Judge except where trial by jury is authorized by law and the defendant or his/her attorney requests a jury trial.
[R.O. 2011 §135.160]
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:
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. 2011 §135.170; Ord. No. 2841 §17, 11-8-1978]
In any case tried 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. 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. The record shall be kept in a manner provided by State law or Supreme Court rule.
[R.O. 2011 §135.180; Ord. No. 2841 §18, 11-8-1978]
In case of a breach of any recognizance entered into before an Associate Circuit Judge hearing violations of the ordinances of the City, the same shall be deemed forfeited and the Judge shall cause the same to be prosecuted against the principal and surety, or either of them, in the name of the City of Trenton as plaintiff. Such action shall be prosecuted before a Circuit Judge or Associate Circuit Judge. All monies recovered in such action shall be paid over to the City Treasury to the General Revenue Fund of the City.
[R.O. 2011 §135.190; Ord. No. 2841 §19, 11-8-1978; Ord. No. 2017-5 §1, 1-23-2017]
When a fine is assessed for violation of an ordinance, it shall be within the discretion of the Associate Circuit Judge to provide for the payment of the fine on an installment basis under such terms and conditions as he/she may deem appropriate.
Editor’s Note: Ord. No. 2017-5 also changed the title of this Section from “Fine – Installments Allowed – Commuted To Imprisonment” to ““Fine – Installments Allowed.”
[R.O. 2011 §135.200; Ord. No. 2841 §20, 11-8-1978]
In the trial of violations of the ordinances of the City, a copy of a City ordinance which is certified by the Clerk of the City shall constitute prima facie evidence of such ordinance. If such certified copy is on file with the Clerk of the Municipal Division and readily available for inspection by the parties, the Judge may take judicial notice of such ordinance without further proof.