Notwithstanding the terms of this Chapter 110, the City has elected to have all violations of municipal ordinances of the City heard and determined by an Associate Circuit Judge or Judges of the Circuit Court of Clay County, Missouri. All provisions of this Chapter 110 inconsistent therewith are hereby deemed superseded. All authorities granted by this Chapter remain in effect in addition to all inherent authority in the Associate Circuit or Circuit Judge handling Municipal cases on behalf of the City.
[R.O. 1991 § 110.010; Ord. No. 755 § 1, 12-16-1978]
There is hereby established in this
City a Municipal Court, to be known as the "Smithville Municipal Court,"
a Division of the Seventh 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."
[R.O. 1991 § 110.020; Ord. No. 755 § 2, 12-16-1978]
The jurisdiction of the Municipal
Court shall extend to all cases involving alleged violations of the
ordinances of the City in accordance with Section 479.010, RSMo.
[R.O. 1991 § 110.030; Ord. No. 755 § 3, 12-16-1978; Ord. No. 2911-14 § 1, 12-2-2014]
The Judge of the City's Municipal
Court shall be known as a "Municipal Judge of the Seventh Judicial
Circuit Court," and shall be selected by appointment to the position
by the Mayor with approval of a majority of the members of the Board
of Aldermen for a term as specified herein.
[Ord. No.
3024-18, 10-16-2018]
A.
Through the term ending December 31, 2018, the Municipal Judge shall hold his/her office for a period of two (2) years and shall take office biannually from January 1, 1979. If for any reason a Municipal Judge vacates his/her office, his/her successor as chosen pursuant to Section 110.030 shall complete that term of office, even if the same be for less than two (2) years.
B.
Beginning
January 1, 2019, any Circuit or Associate Circuit Judge assigned by
the Presiding or Supervising Judge of the appropriate Circuit Court
shall serve as the Municipal Judge for the City of Smithville, Missouri.
[R.O. 1991 § 110.060; Ord. No. 755 § 6, 12-16-1978]
A.
The Municipal Judge shall possess the following
qualifications before he/she shall take office:
1.
He/she must be a licensed attorney,
qualified to practice law within the State of Missouri.
2.
He/she must be a resident of the
State of Missouri.
3.
He/she must be between the ages of
twenty-one (21) and seventy-five (75) years.
4.
He/she may serve as Municipal Judge
for any other municipality.
5.
He/she may not hold any other office
within the City Government.
6.
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.
[R.O. 1991 § 110.070; Ord. No. 755 § 7, 12-16-1978]
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.
[R.O. 1991 § 110.080; Ord. No. 755 § 8, 12-16-1978]
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 first session thereafter. The Municipal Court shall, within
the ten (10) days after the first 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.
[R.O. 1991 § 110.090; Ord. No. 755 § 9, 12-16-1978]
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 Clay 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 preceding Judge of the circuit.
[R.O. 1991 § 110.100; Ord. No. 755 § 10, 12-16-1978]
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, 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 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
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 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, this Code or other ordinances of this City.
[R.O. 1991 § 110.110; Ord. No. 755 § 11, 12-16-1978; Ord. No. 1914-00 § 1, 1-25-2000]
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. The Municipal Court
Clerk is hereby designated as the Violations Clerk for said Bureau,
if established.
[R.O. 1991 § 110.120; Ord. No. 755 § 12, 12-16-1978]
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 in criminal cases.
[R.O. 1991 § 110.125; Ord. No. 1991-01 § 1, 3-27-2000]
A.
Search Warrant Defined — Who May
Issue — Execute.
1.
An administrative 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 City of Smithville, Missouri, relating
to the use, condition or occupancy of property or structures located
within the City of Smithville, Missouri, or to enforce the provisions
of any such ordinance or Code Section.
2.
The Municipal Judge having original
and exclusive jurisdiction to determine violations against the ordinances
of the municipality may issue an administrative search warrant when
the property or place to be searched or inspected or the thing to
be seized is located within the City of Smithville, Missouri, at the
time of the making of the application and the owner or occupant of
the property or place to be search or inspected or the thing to be
seized has refused to allow same after official request by the City
of Smithville, Missouri.
3.
Any such warrant shall be directed
to the Chief of Police or any other Police Officer of the City of
Smithville, Missouri, and shall be executed by the Chief of Police
or said Police Officer within the Smithville, Missouri, City limits
and not elsewhere.
B.
Who May Apply For Warrant — Contents
Of Application.
1.
Any Police Officer or an attorney
of the City of Smithville, Missouri, may make application to the Municipal
Judge for the issuance of an administrative search warrant.
a.
The application shall:
b.
State the time and date of the making
of the application;
c.
Identify the property or places to
be entered, search, inspected or seized in sufficient detail and particularity
that the officer executing the warrant can readily ascertain it;
d.
State that the owner or occupant
of the property or places to be entered, searched, inspected or seized
has been requested by the City of Smithville, Missouri, to allow such
action and has refused to allow such action;
e.
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;
f.
Be verified by the oath or affirmation
of the applicant; and
g.
Be signed by the applicant and filed
in the Municipal Court.
2.
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.
Oral testimony shall not be considered.
C.
Hearing And Procedure — Contents
Of Warrant — Execution And Return.
1.
Hearing And Procedure.
a.
The Municipal Judge shall hold a
non-adversary hearing to determine whether probable cause exists to
inspect or search for violations of any City of Smithville, Missouri,
ordinance or Code Section or to enforce any such ordinance or Code
Section.
b.
In doing so, the Municipal Judge
shall determine whether the action to be taken by the City of Smithville,
Missouri, 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 City
of Smithville, Missouri, 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 a City of Smithville, Missouri, ordinance or Code Section.
c.
If it appears from the application
and any supporting affidavit that there is probable cause to inspect
or search for violations of any City of Smithville, Missouri, ordinance
or Code Section, or to enforce any such ordinance or Code Section,
a search warrant shall immediately be issued.
d.
The warrant shall issue in the form
of an original and two (2) copies, and the application, any supporting
affidavit and one (1) copy of the warrant as issued shall be retained
in the records of the Municipal Court.
2.
Contents Of Search Warrant.
The search warrant shall:
a.
Be in writing and in the name of
the City of Smithville, Missouri;
b.
Be directed to any Police Officer
in the City of Smithville, Missouri;
c.
State the time and date the warrant
was issued;
d.
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;
e.
Command that the described property
or places be searched or entered upon, and that any evidence of any
City of Smithville, Missouri, 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;
f.
Be signed by the Judge, with his/her
title or office indicated.
3.
Execution And Return.
a.
A search warrant issued under this
Section shall be executed only by a City of Smithville, Missouri,
Police Officer, provided however, that one (1) or more designated
City of Smithville, Missouri, officials may accompany the officer,
and the warrant shall be executed in the following manner:
(1)
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.
(2)
The officer shall give
the owner or occupant of the property search, inspected or entered
upon a copy of the warrant.
(a)
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.
(b)
A copy of the itemized
receipt of any property taken shall be delivered to an attorney for
the City of Smithville, Missouri, within two (2) working days of the
search.
(c)
The disposition of property
seized pursuant to a search warrant under this Section shall be in
accordance with an applicable City of Smithville, Missouri, ordinance
or Code Section, but in the absence of same, then with Section 542.301
of the Revised Statutes of Missouri.
(3)
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.
(4)
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/she would be justified
in using if the warrant were valid.
(5)
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.
b.
After Execution — Return.
(1)
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.
(2)
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.
(3)
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.
(4)
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 search or seized.
c.
Warrant Invalid — When. A search
warrant shall be deemed invalid:
(1)
If it was not issued
by the Municipal Judge;
(2)
If it was issued without
a written application having been filed and verified;
(3)
If it was issued without sufficient probable cause in light of the goals of the ordinance to be enforced and such other factors as provided in Subsection (C)(1)(b) hereof;
(4)
If it was not issued
with respect to property or places in the City of Smithville, Missouri;
(5)
If it does not describe
the property or places to be searched, inspected, entered upon or
seized with sufficient certainty;
(6)
If it is not signed
by the Judge who issued it; or
(7)
If it was not executed
and the required return made within ten (10) days after the date of
the making of the application.
[R.O. 1991 § 110.130; Ord. No. 755 § 13, 12-16-1978]
The Chief of Police or 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.
[R.O. 1991 § 110.140; Ord. No. 755 § 14, 12-16-1978]
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 municipal
ordinance demands trial by jury, the Municipal Court shall certify
the case to the presiding Judge of the Circuit Court for reassignment.
[R.O. 1991 § 110.150; Ord. No. 755 § 15, 12-16-1978]
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.
[R.O. 1991 § 110.160; Ord. No. 755 § 16, 12-16-1978]
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.
[R.O. 1991 § 110.170; Ord. No. 755 § 17, 12-16-1978]
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, 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.
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. 1991 § 110.180; Ord. No. 755 § 18, 12-16-1978]
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.
[R.O. 1991 § 110.190; Ord. No. 755 § 19, 12-16-1978]
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:
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. 1991 § 110.200; Ord. No. 755 § 20, 12-16-1978]
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 Municipal Court on assignment before
an Associate Circuit Judge. An application for a trial de novo shall
be filed with 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. 1991 § 110.210; Ord. No. 755 § 21, 12-16-1978]
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.
[R.O. 1991 § 110.220; Ord. No. 755 § 22, 12-16-1978]
In the 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 City.
[R.O. 1991 § 110.230; Ord. No. 755 § 23, 12-16-1978]
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 affidavit or disqualification
in the same case.
[R.O. 1991 § 110.240; Ord. No. 755 § 24, 12-16-1978; Ord. No. 2665-08 § 1, 10-21-2008; Ord. No. 2911-14 § 2, 12-2-2014]
If a Municipal Judge be absent or
sick, the Mayor with approval of a majority of the members of the
Board of Aldermen may designate an eligible person to act as Municipal
Judge until such absence or disqualification shall cease.
[R.O. 1991 § 110.250; Ord. No. 755 § 25, 12-16-1978; Ord. No. 2911-14 § 3, 12-2-2014]
A.
The City Administrator, with the consent
of the Municipal Judge, shall designate a suitable person as the Clerk
of the Municipal Court.
1.
To act for the Chief of Police in
the collection of fines and Court costs;
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, waiver of
trial and plea of guilty and payment of fine and costs in Traffic
Violations Bureau cases or as directed by the Municipal Judge; generally
act as Violation 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 ordinances of the City which constitute
prima facie 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.
[R.O. 1991 § 110.260; Ord. No. 1114 § 1, 8-9-1988; Ord.
No. 1713 § 1, 12-17-1996; Ord. No. 2029-01 § 1, 9-18-2001; Ord.
No. 2875-13 § 1, 8-20-2013; Ord. No. 3112-21, 8-3-2021]
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.
Pursuant to Sections 479.260 and
488.012.3.6, RSMo., Court costs shall include a Municipal Court fee
of twelve dollars ($12.00) per case or fifteen dollars ($15.00) for
municipal ordinance violations filed before an Associate Circuit Judge.
2.
Pursuant to Section 488.5336, RSMo.,
Court costs shall include three dollars ($3.00) for the Peace Officers'
Training Fund, except in those cases where the defendant is found
by the Judge to be indigent and unable to pay the costs; provided,
further, that one dollar ($1.00) of the three dollars ($3.00) collected
for the Peace Officers' Training Fund shall be sent to the State Treasury
to the credit of the Peace Officer Standards and Training Commission
Fund, and the remaining two dollars ($2.00) shall be paid into the
City of Smithville Law Enforcement Training Fund.
3.
Pursuant to Section 479.261, RSMo.,
Court costs shall include two dollars ($2.00) for Synergy House, a
shelter for victims of domestic violence, except in those cases where
the defendant is found by the Judge to be indigent anal unable to
pay the costs.
4.
Pursuant to Section 488.012, RSMo.,
Court costs shall include seven dollars ($7.00) for the Statewide
Court Automation Fund.
5.
Pursuant to Section 595.045, RSMo.,
a surcharge of seven dollars and fifty cents ($7.50) for the Crime
Victims' Compensation Fund shall be assessed as Court costs against
any municipal ordinance violation, traffic law, non-moving traffic
law and infraction, except that no such surcharge shall be collected
in any case when the proceeding or the defendant has been dismissed
by the Court or in cases where the defendant is found by the Judge
to be indigent and unable to pay the costs; provided, further, that
seven dollars and thirteen cents ($7.13) shall be remitted to the
State Department of Revenue and thirty-seven cents ($0.37) shall be
remitted to the City Treasurer.
6.
Pursuant to Section 304.027, RSMo.,
any person convicted of an intoxication-related offense, as provided
in Section 577.023, RSMo., shall have a judgment of twenty-five dollars
($25.00) assessed; further provided, that collection by the Court
shall be paid to the State Department of Revenue to the credit of
the Spinal Cord Injury Fund.
8.
Upon a plea of guilty, finding of
guilt or conviction for violation of the provisions of Title III (alcohol-
or drug-related traffic offenses), the Court shall, in addition to
imposition of any penalties provided by law, order the person to reimburse
the City of Smithville for the costs associated with such arrest.
a.
Such costs shall include the reasonable
cost of making the arrest, including the cost of any chemical tests
to determine the alcohol or drug content of the person's blood, and
the cost of processing, charging, booking and holding such person
in custody.
b.
The Chief of Police may establish
a schedule of such costs for submission to the Court; however, the
Court may order the costs reduced if it determines that the schedule
of costs is excessive given the circumstances of the case or for good
cause shown.
c.
This fund shall be calculated as
additional costs by the Municipal Court and shall be collected by
the Court in the same manner as other costs and fees are collected
and remitted to the City Treasurer.
d.
The City Treasurer shall retain fees
in a separate fund known as the "DWI/Drug Enforcement Fund." Monies
within the DWI/Drug Enforcement Fund shall be appropriated by the
Board of Aldermen from such fund in amounts equal to those costs so
incurred and shall be specifically used to enhance and support the
enforcement and prosecution of alcohol- and drug-related traffic laws
within the City of Smithville.
[R.O. 1991 § 110.270; Ord. No. 1025 § 1, 9-8-1986; Ord.
No. 1445 § 1, 6-9-1992]
A.
Any person who has been convicted in a
Municipal Court and sentenced by the Municipal Judge for violation
of any ordinance of the City, whether the punishment be by fine or
by imprisonment or both, may be put to work to perform labor on the
public streets, highways, alleys, or other public works or buildings
of the City. It shall be deemed a part of the judgment and sentence
of the Court that such prisoner may be worked as herein provided.
The Chief of Police shall have power and be authorized to have or
cause all such prisoners to work out the full number of days for which
they have been sentenced.
B.
If the punishment is by fine and the fine
be not paid, then for every thirty dollars ($30.00) of such judgment,
the prisoner shall work one (1) day.
C.
The defendant 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.
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. 1991 § 110.280; Ord. No. 1025 § 1, 9-8-1986]
In all cases where the defendant
is required to work out the whole or any part of the fine and costs
imposed on him/her, the Chief of Police shall designate the kind of
work required of the prisoner, and it shall be such labor as his/her
health and strength shall permit, not exceeding eight (8) hours per
day. On performance of the required amount of labor, the prisoner
shall be discharged from custody by the Chief of Police, who shall
make return on the execution of such facts, specifying therein the
kind of employment and number of days of work done. Such labor shall
be done at the direction and under the supervision of the Chief of
Police, or such other person as he/she may appoint.
[R.O. 1991 § 110.290; Ord. No. 755 § 27, 12-16-1978]
The costs of any action may be assessed
against the prosecuting witness and judgments 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.
[R.O. 1991 § 110.300; Ord. No. 755 § 28, 12-16-1978]
When a fine is assessed for violating
an ordinance, it should be within the discretion of the Judge assessing
the fine to provide for the payment of a fine on an installment basis
under such terms and conditions as he/she may deem appropriate.
[R.O. 1991 § 110.310; Ord. No. 755 § 29, 12-16-1978]
The City Clerk is directed to file
a certified copy of Ordinance No. 755 with the Circuit Clerk of this
County, the same to serve as official notification of the City's intention
to retain its Municipal Court.
[R.O. 1991 § 110.320; Ord. No. 942 § 1, 7-10-1984]
It shall be unlawful for any person,
to fail to appear, in the Smithville Municipal Court, for any violation
of City ordinance, which said person has been charged; and, Court
appearance date set, by the Municipal Court Clerk of the City.
[R.O. 1991 § 110.330; Ord. No. 942 § 2, 7-10-1984]
It shall be unlawful for any person
to fail to appear in the Smithville Municipal Court who has been personally
served with summons or subpoena requesting their appearance in said
Court as witness or defendant of any violation of City ordinance.
[R.O. 1991 § 110.340; Ord. No. 942 § 3, 7-10-1984]
The Municipal Judge of the Smithville
Municipal Court may upon his/her finding of any person in violation
of this Chapter, issue a bench warrant for said person, for the separate
violation of failure to appear for the Court appearance of the original
violation of the Municipal ordinance for which said person was charged.
[R.O. 1991 § 110.350; Ord. No. 942 § 4, 7-10-1984; Ord.
No. 1907-99 § 2, 12-21-1999]
Any person convicted of violating
any provision of this Chapter shall be punished by a fine of not more
than five hundred dollars ($500.00), or by imprisonment for a period
not to exceed ninety (90) days, or by both such fine and imprisonment.
[R.O. 1991 § 110.360; Ord. No. 995 §§ 1
— 2, 11-12-1985; Ord. No. 1907-99 § 3, 12-21-1999]
A.
It shall be unlawful to neglect or refuse
to comply with any sentence imposed by the Municipal Court of the
City of Smithville.
B.
Any person neglecting or refusing to comply
with a sentence imposed by the Municipal Court of the City shall upon
conviction thereof be punished by a fine of not less than one hundred
dollars ($100.00) nor more than five hundred dollars ($500.00), or
by imprisonment for a period not to exceed ninety (90) days, or by
both such fine and imprisonment.
[R.O. 1991 § 110.370; Ord. No. 1908-99 §§ 1
— 2, 12-21-1999]
A.
If entry onto the private property of a
citizen of Smithville, Missouri, in an area thereof wherein there
may be a constitutionally recognized expectation of privacy is required,
or allowed by any ordinance of the City, the City Officials so required
or allowed shall, before said entry, secure consent of the owner or
a search warrant from the Municipal Court, upon a showing of probable
cause and substantially in accordance with the Missouri Rules of Criminal
Procedure for similar warrants.
B.
The Municipal Court upon good cause shown
is also authorized to issue other appropriate orders to aid in the
enforcement of the City's ordinances as may be allowed by law.
