City of Eldon, MO
Miller County
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Table of Contents
Table of Contents
[CC 1988 §12.010]
There is hereby established in this City a Municipal Court to be known as the "Eldon Municipal Court, a Division of the 26th Judicial Circuit Court of the State of Missouri". The Court is a continuation of the Police Court of the City as previously established and is termed herein "the Municipal Court". Any references to "City Court" or to "Police Court" or other like terminology in City ordinances are hereby amended to read Eldon Municipal Court. Likewise, any reference to "City Judge" "Police Judge" or "Judge" in remaining City ordinances shall refer to and be synonymous with the term Municipal Judge.
[CC 1988 §12.020]
The jurisdiction of the Municipal Court shall extend to all cases involving alleged violations of the ordinances of the City.
[CC 1988 §12.030]
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:
He/she shall be appointed to his/her position by the Mayor, subject to the confirmation of the Board of Aldermen, for a term as specified herein.
[CC 1988 §12.040]
The Municipal Judge shall hold his/her office for a period of two (2) years and shall take office biannually from the first (1st) 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.
[CC 1988 §12.050]
The Municipal Judge shall vacate his/her office under the following circumstances:
Upon removal from office by the State Commission on the Retirement, Removal and Discipline of Judges as provided in Missouri Supreme Court Rule 12;
Upon attaining his/her seventy-fifth (75th) birthday; or
Should he/she lose his/her license to practice law within the State of Missouri.
[CC 1988 §12.060]
The Municipal Judge shall possess the following qualifications before he/she shall take office:
He/she shall be a licensed attorney, qualified to practice law within the State of Missouri.
He/she need not reside within the City.
He/she must be a resident of the State of Missouri.
He/she must be between the ages of twenty-one (21) and seventy-five (75) years.
He/she may serve as Municipal Judge for any other municipality.
He/she may not hold any other office within the City Government.
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.
[CC 1988 §12.070]
Before entering upon the discharge of his/her duties the Municipal Judge shall take and subscribe an oath or affirmation before the Mayor or City Clerk that he/she possesses all the qualifications prescribed for his/her office by the laws of the State of Missouri, that he/she will support the Constitution of the United States and of the State of Missouri, the provisions of the laws of the State of Missouri, which relate to Cities of the Fourth Class, and the ordinance of the City of Eldon, and that he/she will faithfully demean himself/herself in office, which oath shall be filed in the office of the City Clerk.
[CC 1988 §12.090]
The Municipal Court of the City shall be subjected 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.
[CC 1988 §12.100]
The Municipal Judge shall cause to be prepared within ten (10) days after each Court session 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 defendants committed and in those 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 first (1st) session thereafter. The Municipal Court shall, within the ten (10) days after each Court session, pay to the Municipal Treasurer the full amount of all fines and Court costs collected.
[CC 1988 §12.110]
The Municipal Judge shall be a conservator of the peace. He/she shall keep a docket in which he/she shall enter every case commended 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.
[CC 1988 §12.120]
The Municipal Judge shall be and is hereby authorized to:
Establish a Violations Bureau as provided for in the Missouri Rules of Practice and Procedure in Municipal and Traffic Courts and Section 479.050, RSMo.
Administer oaths and enforce due obedience to all orders, rules and judgments made by him/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.
Commute the term of any sentence, stay execution of any fine or sentence, suspend any fine or sentence, and make such other orders as the Municipal Judge deems necessary relative to any matter that may be pending in the Municipal Court.
Make and adopt such rules of practice and procedure as are necessary to implement and carry out the provisions of this Chapter, and to make and adopt such rules of practice and procedure as are necessary to hear and decide matters pending before the Municipal Court, and to implement and carry out the provisions of the Missouri Rules of Practice and Procedure in Municipal and Traffic Courts. Any and all rules made or adopted hereunder may be annulled or amended by an ordinance limited to such purpose; provided that such ordinance does not violate or conflict with the provisions of the Missouri Rule of Practice and Procedure in Municipal and Traffic Courts or State Statutes.
The Municipal Judge shall have such other powers, duties and privileges as are or may be prescribed by the laws of this State, the Code or other ordinance of this City.
[CC 1988 §12.130]
Should the Municipal Judge determine that there shall be a Violations Bureau, the City shall provide all expenses incident to the operation of the same and the Municipal Court Clerk is designated as the Violations Clerk for said Bureau, if established.
[CC 1988 §12.140]
All warrants issued by a Municipal Judge shall be directed to the City Marshal, 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 Marshal, 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.
[CC 1988 §12.150]
The City Marshal, Chief of Police or any other Police Officer of the City may, 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.
[CC 1988 §12.160]
Any person charged with a violation of a municipal ordinance of the City shall be entitled to a trial by jury as in prosecutions for misdemeanors before an Associate Circuit Judge. Whenever a defendant accused of a violation of a municipal ordinance demands trial by jury, the Municipal Court shall certify the case to the Presiding Judge of the Circuit Court for reassignment.
[CC 1988 §12.170]
It shall be the duty of an attorney designated by the municipality to prosecute the violations of the City's ordinances before the Municipal Judges 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 in any case.
[CC 1988 §12.180]
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 trial 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 name of such witnesses on his/her docket, which oral notice shall be valid as a summons.
[CC 1988 §12.190]
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 law 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.
[CC 1988 §12.200]
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.
Any Judge hearing violations of municipal ordinances may, when in his/her judgment it may seem advisable, grant a parole or probation to any person who shall plead guilty or who shall be convicted after a trial before such Judge. When a person is placed on probation, he/she shall be given a certificate explicitly stating the conditions on which he/she is being released.
In addition to such other authority as exists to order conditions of probation, the Court may order conditions which the Court believes will serve to compensate the victim of the crime, any dependent of the victim, or society in general. Such conditions may include, but need not be limited to:
Restitution to the victim or any dependent of the victim in an amount to be determined by the Judge; and
The performance of a designated amount of free work for a public or charitable purpose or purposes as determined by the Judge.
A person may refuse probation conditioned on the performance of free work. If he/she does so, the Court shall decide the extent or duration of sentence or other disposition to be imposed and render judgment accordingly. Any County, City, person, organization or agency or employee of a County, City, organization or agency charged with the supervision of such free work or who benefits from its performance shall be immune from any suit by the person placed on parole or probation or any person deriving a cause of action from him/her if such cause of action arises from such supervision of performance, except for intentional torts or gross negligence. The services performed by the probationer or parolee shall not be deemed employment within the meaning of the provisions of Chapter 288, RSMo.
The Court may modify or enlarge the conditions of probation at any time prior to the expiration or termination of the probation term.
[CC 1988 §12.220]
In all cases tried before the Municipal Court, except where there has been a plea of guilty or where the case has been tried with a jury, the defendant shall have a right of trial de novo before a Circuit Judge or on 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 rules.
[CC 1988 §12.230]
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 Appellant Court.
[CC 1988 §12.240]
In the case of a breach of any recognizance entered into before a Municipal Judge or an Associate Circuit Judge bearing 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.
[CC 1988 §12.250]
A Municipal Judge shall be disqualified to hear any case in which he/she is in any way interested or, if before the trial is commenced, the defendant or the prosecutor files an affidavit that the defendant or the municipality, as the case may be, cannot have a fair and impartial trial by reason of the interest or prejudice of the Judge. Neither the defendant nor the municipality shall be entitled to file more than one (1) affidavit or disqualification in the same case.
If a Municipal Judge be absent, sick or disqualified from acting, the Mayor of the Board of Aldermen may request the Presiding Judge of the Circuit Court to designate a Special Municipal Judge as provided in Subsection (2) of Section 479.230, RSMo., 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 of the Board of Aldermen or as provided in Subsection (2) of Section 479.230, RSMo.
[CC 1988 §12.270]
The City Administrator shall designate a suitable person to serve as the Clerk of the Municipal Court and such deputies as he/she shall deem advisable and shall require of each of them prior to assuming office that they file at the cost of the City a surety bond in the amount of at least ten thousand dollars ($10,000.00) each. The duties of said Clerk and deputies shall be as follows:
To collect such fines for violations of such offenses as may be described and the court costs thereof.
To take oaths and affirmations.
To accept signed complaints and allow the same to be signed, sworn to or affirmed before him/her.
Sign and issue subpoenas requiring the attendance of witnesses and sign and issue subpoenas duces tecum.
Accept the appearance, waiver of trial and plea of guilty and payment of fine and costs in Violation Bureau cases or as directed by the Municipal Judge; generally act as Violation Clerk of the Violation Bureau.
Perform all other duties as provided for by ordinance, by rules of Practice and Procedure adopted by the Municipal Judge and by the Missouri Rules of Practice and Procedure in Municipal and Traffic Courts and by Statute.
Maintain, properly certified by the City Clerk, a complete copy of the ordinances of the City or the municipality which shall constitute prima facia evidence of such ordinance before the Court. Further, to maintain a similar certified copy on file with the Clerk serving the Circuit Court of this County.
Deputy Clerks shall perform only those acts which may be authorized or delegated by the Clerk.
[Ord. No. 2010-20 §1, 5-11-2010]
In addition to any fine that may be imposed by the Municipal Judge in any case filed in the Eldon Municipal Division of the 26th Judicial Circuit Court, and in addition to all other fees authorized or required by law, there shall be assessed as costs the following:
Costs of Court in the amount of twelve dollars ($12.00).
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.
Crime Victims' Compensation Fund. An additional sum of seven dollars fifty cents ($7.50) shall be assessed and added to the basic costs in Subsection (1) of this Section, provided that no such cost shall be collected in any proceeding when the proceeding or the defendant has been dismissed by the Court. All sums collected pursuant to this Subsection shall be paid at least monthly as follows:
Ninety-five percent (95%) of such fees shall be paid to the Director of Revenue of the State of Missouri for deposit as provided in Section 595.045.5, RSMo.
Five percent (5%) shall be paid to the City Treasury.
There may also be assessed a two dollar ($2.00) cost per case for each criminal case and each County or municipal ordinance violation case for the purpose of providing operating expenses for shelters for battered persons as set out in Section 488.607, RSMo.
Other costs, such as for the issuance of a warrant, a commitment or a summons, as provided before the Associate Circuit Judge in criminal prosecutions.
Actual costs assessed against the City by the County Sheriff for apprehension or confinement in the County Jail or costs assessed against the City by any other detention facility.
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.
Any other reasonable cost as may be otherwise provided by ordinance including, but not limited to, costs of confinement, including any necessary transportation related thereto, medical costs incurred by the City while a defendant is in City custody, and costs related to the arrest and testing of any person for any intoxication-related traffic offense as set out in Subsection (9) hereof.
Reimbursement of certain costs of arrest.
Upon a plea or a finding of guilty of violating the provisions of Sections 342.020 or 342.030 of this Code or any ordinance of the City of Eldon involving alcohol- or drug-related traffic offenses, the Court may, in addition to imposition of any penalties provided by law, order the convicted person to reimburse the Police Department for the costs associated with such arrest.
Such costs hereby authorized shall include the reasonable cost of making the arrest, including the cost of any chemical test made as authorized or required by law or ordinance to determine the alcohol or drug content of the person's blood, and the costs of processing, charging, booking and holding such person in custody.
The Chief of Police may establish a schedule of such costs hereby authorized and shall submit the same to the Municipal Judge. However, the Court may order the costs reduced if it determines that the costs are excessive.
Upon receipt of such additional costs authorized by this Subsection, the City Treasurer shall retain such costs in a separate fund to be known as the "DWI/Drug Offense Cost Reimbursement Fund". Monies with such fund shall be appropriated by the Board of Aldermen to the Police Department in amounts equal to those costs so collected and shall be used by such department specifically to enhance and support the enforcement and prosecution of alcohol- and drug-related traffic laws within the City.
State Court Automation Fund. A Fee of Seven Dollars ($7.00) 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. Such Fee Shall Be Collected and Transmitted Monthly To The Missouri Director of Revenue To The Credit of The Missouri Statewide Court Automation Fund As Provided in Section 488.012.3(5) and Section 488.027.2, RSMo.
Sheriff's Retirement Fund. 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. Such fee shall be collected and transmitted monthly to the Missouri Sheriff's Retirement Fund as provided in Sections 488.010 to 488.020, RSMo.
[Ord. No. 2013-27 §1, 7-23-2013]
[CC 1988 §12.290]
The costs of any action may be assessed against the prosecuting witness and judgment be rendered against him/her that he/she pay the same and stand committed until paid in any case where it appears to the satisfaction of the Municipal Judge that the prosecution was commenced without probable cause and from malicious motives.
[CC 1988 §12.300]
When a fine is assessed for violating an ordinance, it should be within the discretion of the Judge assessing the fine to provide for the payment of a fine on an installment basis under such terms and conditions as he/she may deem appropriate.
[Ord. No. 2016-31 §§ 1 — 2, 8-23-2016]
A City ordinance violation prosecuted that does not involve an accident or injury, that does not involve the operation of a commercial motor vehicle, and for which the Department of Revenue is authorized to assess no more than four (4) points to a person's driving record upon conviction. Minor traffic violation shall exclude a violation for exceeding the speed limit by more than nineteen (19) miles per hour or a violation occurring within a construction zone or school zone.
The Court shall not assess a fine in excess of two hundred dollars ($200.00) and, if combined with the amount of Court costs, shall not total in excess of three hundred dollars ($300.00).
The Court shall not sentence a person to confinement, except the Court may sentence a person to confinement for violations involving alcohol or controlled substances, violations endangering the health or welfare of others, and eluding or giving false information to a Law Enforcement Officer.
A person shall not be placed in confinement for failure to pay a fine unless such non-payment violates terms of probation.
Court costs that apply shall be assessed against the defendant unless the Court finds that the defendant is indigent based on standards set forth in determining such by the presiding judge of the circuit. Such standards shall reflect model rules and requirements to be developed by the Supreme Court.
No Court costs shall be assessed if the case is dismissed.