[Ord. No. 1365 §1, 11-19-1997; Ord. No. 1373 §1, 8-10-1998; Ord.
No. 1400 §§1 — 2, 1-19-2000]
There shall be a Municipal Court of the City of Plattsburg,
Missouri, which shall have original jurisdiction over violations of
the Municipal Code of the City of Plattsburg. This Court, as so established,
shall be located and convene at Plattsburg City Hall, or such other
location on the first (1st) Thursday of each month. The mailing address
of said Court and all employees hereof shall be: P.O. Box 414, Plattsburg,
Missouri 64477. This Court, as so established, shall be known as "The
Plattsburg Municipal Court, a Division of the Clinton County Circuit
Court".
[Ord. No. 1365 §2, 11-19-1997]
There shall be an administrative department of the City known
as the Municipal Court Department. The Police Board, a committee selected
by the Mayor from members of the Board of Aldermen, in consultation
with the Personnel Manager, shall have the authority to establish
such rules, policies and procedures as may be necessary for the efficient,
economic and orderly administration of the business of the Municipal
Court Department. The Police Board, in consultation with the Mayor,
Clerk of the Court and Personnel Manager, shall have the further authority
to provide for a budget and funding for operations of the Municipal
Court Department. The Police Board, in consultation with the Mayor,
Clerk of the Court and Personnel Manager, shall determine the frequency
of Municipal Court sessions, the regular dates on which the Court
shall convene, and the times at which Court shall be held, and may
revise such dates and times as may serve the needs of the City.
[Ord. No. 1365 §3, 11-19-1997]
There shall be at least one (1) Municipal Judge, who shall have
authority to hear and determine all charges of violations of the Municipal
Code of the City of Plattsburg, Missouri. The Municipal Judge or,
if more than one (1) Judge is employed, the most senior Municipal
Judge, shall be the head of the Municipal Court Department and shall
be the immediate supervisor of all other employees of the Municipal
Court Department. The Municipal Judge shall be supervised and evaluated
by the Personnel Manager, and shall report and account to the Police
Board with respect to all operations of the Department. The position
of Municipal Judge shall be part-time, and the individual holding
same shall be deemed an "hourly" and "occasional employee" of the
City.
[Ord. No. 1570 §1, 2-12-2003]
The Municipal Court of the City shall be subject to the rules
of the Circuit Court of Clinton County, and to the rules of the Missouri
Supreme Court. The Municipal Court shall be subject to the general
administrative authority of the presiding judge of the Clinton County
Circuit Court, and the judge and Court personnel of said Court shall
obey the presiding judge's directives.
[Ord. No. 1365 §4, 11-19-1997; Ord. No. 1570 §2, 2-12-2003]
The Municipal Judge shall be appointed by the Board of Aldermen
and shall hold office for a term of not less than two (2) years, subject
solely to removal for cause by a majority vote of the Board of Aldermen.
[Ord. No. 1365 §5, 11-19-1997]
If the Municipal Judge is absent, unavailable, sick or disqualified
from acting, the Clerk of the Municipal Court may continue any scheduled
session of the Municipal Court for a period of up to forty-five (45)
days. In such event, the Municipal Court Clerk shall provide written
notice of the continuance to all parties scheduled to appear before
the Court and shall reset hearing of their causes for a date certain.
If the Municipal Judge becomes ill, unavailable, or is otherwise disqualified
from acting for a period of more than forty-five (45) days, the Personnel
Manager shall designate an eligible person to act as Municipal Judge
until such absence or disqualification shall cease. However, should
such absence or disqualification continue, or be likely to continue,
for a period of six (6) consecutive months, the office of Municipal
Judge shall be deemed abandoned and the Personnel Manager shall solicit
qualified applicants to fill the vacancy. The Police Board is authorized
to grant leave of absence in excess of six (6) months to an employee
holding the position of Municipal Judge only when such leave would
serve the best interests of the City and the Municipal Court Department.
[Ord. No. 1365 §6, 11-19-1997]
Any person appointed to the position of Municipal Judge shall
be a resident of the State of Missouri for a period of ninety (90)
days prior to appointment and shall continue to reside in the State
of Missouri throughout his/her term of office. The Police Board may,
but is not required to, give preference to qualified applicants residing
within Clinton County and/or within the established limits of the
City.
[Ord. No. 1365 §7, 11-19-1997; Ord. No. 1570 §3, 2-12-2003]
A.
Any
person appointed to the position of Municipal Court Judge shall meet
all of the following requirements and qualifications:
1.
Said person shall hold no other office or employment position with
the City of Plattsburg and shall engage in no other employment or
activity which could create a conflict of interest with respect to
the duties of the office or the fair administration of justice;
2.
Said person shall be at least twenty-one (21) years of age and may
not be appointed or permitted to serve after said person has reached
his or her seventy-fifty (75th) birthday.
3.
Said person shall not have been convicted of or plead guilty to any
felony, or any crime involving theft, dishonesty or moral turpitude;
4.
Said person shall be a graduate of a School of Law accredited by
the American Bar Association; and
5.
Said person shall be licensed by examination to practice law in the
State of Missouri and shall be a member, in good standing, of the
Missouri Bar Association.
[Ord. No. 1365 §8, 11-19-1997; Ord. No. 1570 §4, 2-12-2003]
The Municipal Court Judge shall receive such compensation for
his or her services as the Board of Aldermen may from time to time
determine, payable in equal monthly installments.
[Ord. No. 1365 §9, 11-19-1997]
A.
Every
person appointed to the office of Municipal Court Judge shall be,
and is hereby authorized and directed to:
1.
Administer oaths and enforce due obedience to all orders, rules and
judgments made by him/her; impose fines and/or imprison for contempt
committed before the Court; or for violation of any order of the Court,
in the same manner and to the same extent as a Judge of the Circuit
Court of this State;
2.
Commute the term of any sentence, stay execution of any fine or sentence,
suspend any fine or sentence or imposition thereof, and to make such
other orders as the Municipal Court Judge deems necessary and appropriate
relative to any matter that may be pending in and before the Municipal
Court;
3.
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 or 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 Courts or other Statutes or common law of the
State;
4.
To supervise and direct the day to day work and activities of the
Clerk of the Municipal Court, and such other persons as may be employed
in the Municipal Court Department;
5.
To establish by Standing Order, in connection with charged violations
of any ordinance of the City, a bond schedule and procedures for handling
bonds, and to amend such Standing Order from time to time, as may
be necessary and appropriate to the effective administration of justice;
and
6.
To exercise such other powers, duties and privileges as are or may
hereafter be prescribed by the laws or Constitution of this State,
this Chapter, or by other ordinance of this City.
[Ord. No. 1570 §5, 2-12-2003]
The Municipal Judge shall cause a docket to be kept in which
he or she shall enter every case commenced before him/her and the
proceedings therein and shall keep other records as required. Such
docket and records shall be records of the Circuit Court of Clinton
County, Missouri. The Municipal Judge shall deliver said docket and
records and all books and papers pertaining to his or her office to
his/her successor in office or to the Presiding Judge of the Circuit
Court.
[Ord. No. 1570 §6, 2-12-2003]
If, in the progress of any trial before the 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 of Missouri
and not cognizable before him or 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 an Associate Circuit
Judge within and for Clinton County.
[Ord. No. 1365 §10, 11-19-1997]
A.
The
office of the Clerk of the Municipal Court is hereby established.
The Clerk of the Municipal Court shall be a part-time, hourly, "occasional"
employee of the City. The duties of the Clerk shall be as follows:
1.
To collect and receipt for fines for violations of such offenses
as are prescribed by the City Code, and for such other costs, fees,
monetary penalties, assessments, and surcharges as are within the
jurisdiction and authority of the Municipal Court;
2.
To take oaths and affirmations;
3.
To accept signed complaints, and allow same to be signed and sworn
to or affirmed in his/her presence;
4.
To sign and issue subpoenas requiring the attendance of witnesses
and to sign and issue subpoenas duces tecum;
5.
To accept the appearance, wavier of trial, plea of guilty, and payment
of fine and costs in matters involving violations of traffic and/or
parking ordinances, or as otherwise directed by the Municipal Judge;
6.
To collect, account for and pay to the State of Missouri such costs,
penalties, fines, assessments and surcharges as may be required by
Statute or law;
7.
To comply with all requirements, policies and procedures of the State
of Missouri with respect to the uniform reporting of traffic ordinance
violations;
8.
To perform all other duties as provided for by ordinance, by rules
of Municipal Court Practice and Procedure adopted by the Municipal
Court Judge (or by the Chief Judge, if more than one (1) Judge is
employed by the City), by Department Operating Procedure as adopted
by the Police Board, by the Missouri Rules of Practice and Procedure
in Municipal and Traffic Courts, and otherwise by State Statute or
common law;
9.
To maintain, properly certified by the Clerk, a complete copy of
the Municipal Code of the City, which shall constitute prima facie
evidence of each such ordinance therein before the Court. Further,
to maintain a certified copy of same on file with the Clerk serving
the Circuit Court of Clinton County. Further, to certify the accuracy
of any ordinance of the City in connection with any other judicial
proceeding;
10.
To supervise and direct the day to day work of such other employees
of the Municipal Court Department as may be retained and assigned
to assist the Clerk in the performance of his/her duties;
11.
To prepare the docket for each session of the Court, to grant one
(1) continuance of not more than forty-five (45) days at the request
of any party; and to issue notices of trial, hearings and continuances;
12.
To keep an official file for each charge coming before the Court,
which shall contain, at a minimum: a copy of the charge or notice
of violation; a copy of all motions filed in the cause; a copy of
all notices issued in the cause; a copy of all correspondence received
by the Court in the cause; a copy of all orders of the Court entered
in the cause; a record of all exhibits offered, admitted and/or excluded
from evidence in the trial of any cause; and a record of satisfaction
and/or completion of any fines, costs, penalties, surcharges or sentences
imposed;
13.
To maintain and account for all funds in and expenditures from the
Law Enforcement Training Fund and the Judicial Education Fund;
14.
To maintain a current list of the names and addresses of person placed
under probation by the Municipal Court Judge and to promptly notify
the City Attorney of the filing of charges potentially effecting the
probationary status of any such person;
15.
To maintain a current ledger of persons sentenced to perform community
service as a penalty for the violation of any ordinance, to monitor
the status of completion of such sentence, and to promptly notify
the City Attorney of the failure of any such person to complete such
sentence within the time prescribed by the Court;
16.
To maintain a current ledger of persons granted an extension of time
to pay any costs, fines, monetary penalties or surcharges, including
a record of the time granted for payment and the receipt of all payments
in satisfaction thereof; and to promptly notify the City Attorney
of the failure of any such person to make any payment so required
within ten (10) days of the date on which such payment was due;
17.
To account for and pay into the general Treasury of the City those
monies received by the Municipal Court;
18.
To authorize expenditures, and to expend sums, for the general operation
of the business of the Court, in an amount not to exceed twenty-five
dollars ($25.00), and to account for such expenditures from the operating
funds of the Municipal Court Department;
19.
To make request to the Personnel Manager and/or Police Board for
authority to expend sums for the general operation of the Municipal
Court which exceed the sum of twenty-five dollars ($25.00);
20.
To be present thirty (30) minutes prior to any session of the Court,
to attend all sessions of the Court, call the Court to order, mark
all exhibits offered by any party, record the admission and/or exclusion
of exhibits into evidence by the Judge, to make an audio tape recording
of all hearings and trials at the request of any party or the Judge
and to certify the recording of all hearings and trials at the request
of any party or the Judge and to certify the accuracy of same, to
arrange for attendance of certified court reporter at such proceedings
upon request of the Judge (or of any party advancing the costs of
same), and to otherwise assist the Judge as he/she may request or
require while Court is convened; and
21.
To generally perform all other services as may be necessary for the
proper functioning of the Municipal Court or the Municipal Court Department.
[Ord. No. 1365 §11, 11-19-1997]
The Personnel Manager shall solicit candidates for the position
of Clerk of the Municipal Court, and shall refer qualified applicants
to the Police Board. The Police Board, in consultation with the Personnel
Manager, shall interview candidates so referred and select the best
qualified applicant to fill the position.
[Ord. No. 1365 §12, 11-19-1997]
A.
Candidates
for the position of Municipal Court Clerk shall:
1.
Be at least eighteen (18) years of age;
2.
Be a graduate of a State accredited high school or holder of a certificate
of equivalency;
3.
Be proficient by education and/or experience in accounting and record
keeping;
4.
Said person shall engage in no other employment or activity which
could create a conflict of interest with respect to the duties of
the office or the fair administration of justice;
[Ord. No. 2227 §1, 12-11-2014]
5.
Have not been convicted of or plead guilty to any felony, or any
crime involving theft, dishonesty or moral turpitude, within a period
of ten (10) years prior to the date of application for the position;
and
6.
Have been a resident of the State of Missouri and of Clinton County
for at least ninety (90) days prior to employment, and remain a resident
of said State and County during the entire period of employment. The
Police Board is authorized, but not required, to grant preference
to any qualified candidate for the office who resides within or is
willing to relocate to a residence within the limits of the City.
[Ord. No. 1365 §13, 11-19-1997]
A.
The
Clerk of the Municipal Court shall be compensated at an hourly rate
for his/her services rendered to the nearest 10th of an hour. The
Police Board is authorized and directed to establish an hourly rate
of compensation, and to grant increases or reductions thereof, consistent
with the qualifications, performance, and duties performed by the
Clerk and in furtherance of the needs of the City. The Clerk shall
keep an accurate record of the time spent by him/her in service of
the City, which shall include a specific description of the nature
of the work or duty performed and the time for the performance of
same, which time shall be recorded to the nearest tenth (10th) of
an hour on a daily basis. The Clerk shall submit such time record
to the Personnel Manager for review and approval on or prior to the
twenty-seventh (27th) day of the month during which the service was
rendered. The Personnel Manager is authorized, but not required, to
compensate the Clerk for mileage incurred in the performance of his/her
duties, at a rate not to exceed thirty cents ($.30) per mile. The
Clerk of the Municipal Court shall not be entitled to "employee benefits"
provided regular employees of the City, and shall not be required
to contribute to any pension or retirement fund established for regular
City employees. The Police Board is authorized to revise or modify
the amount or method of compensation provided to the Clerk of the
Municipal Court, or the requirements imposed herein with respect to
same, without further formal action by the Board of Aldermen.
B.
The
Clerk of the Municipal Court shall serve for an indefinite term, at
the pleasure of the Police Board, and may be removed at any time,
with or without cause, as best serves the needs and interests of the
City and the Municipal Court Department, upon unanimous recommendation
of the Police Board and the Personnel Manager, and by approval of
the Mayor. All temporary vacancies and absences of the office of Clerk,
of a duration not to exceed forty-five (45) days, shall be filled
by appointment of the Personnel Manager. All absences and vacancies
of the office of a duration exceeding forty-five (45) days shall be
deemed an abandonment of the office, and shall be filled in accordance
with the procedures set forth above, unless a longer leave of absence
is approved by unanimous consent of the Personnel Manager and the
Police Board, such consent to be granted only when in the best interests
of the City and the Municipal Court Department.
[Ord. No. 1366 §1, 11-19-1997]
A Clerk fee in the amount of twelve dollars ($12.00) shall be
assessed by the Municipal Court Judge as a Court cost in each matter
filed in the Municipal Court which is resolved by a finding of guilt,
a plea of guilty, a plea of nolo contendere, or otherwise upon any
agreement between the City and the party charged with the violation.
A separate fee shall be assessed for each separate charge or violation
of any criminal law of the State or of a City ordinance. Said costs
shall be collected by the Clerk of the Municipal Court and paid into
the Municipal Treasury, as required by Section 479.080, RSMo.
[Ord. No. 1366 §2, 11-19-1997]
The Municipal Judge is hereby authorized, to the extent necessary
and proper and/or the extent authorized or mandated by State law,
to impose a service charge, in addition to the Clerk fee, to recover
special costs or expenses incurred by the City in connection with
the enforcement and/or prosecution of each violation of any criminal
law of the State or of a City ordinance. The amount of said service
charge shall not exceed the actual costs or expenses incurred by the
City in connection with the violation charged, and may be assessed
for each separate charge or violation in any case before the Municipal
Court Judge which is resolved by a finding of guilt, a plea of guilty,
a plea of nolo contendere, or otherwise upon any agreement between
the City and the party charged with the violation. Said charges shall
be collected by the Clerk of the Municipal Court and applied to the
actual debt, cost or expense incurred by the City.
[Ord. No. 1366 §3, 11-19-1997]
For each person committed to imprisonment by the Municipal Court
Judge in punishment for any conviction of a criminal law of the State
or of a City ordinance, the Municipal Court Judge may further impose
the costs of said incarceration, in an amount not to exceed thirty
dollars ($30.00) per day, for each such day of incarceration, plus
the actual amount of any expense incurred by the City for medical
care required by said prisoner during the period of incarceration.
Said costs may be imposed in addition to any other costs, monetary
fine or penalty assessed by the Municipal Court Judge. Said costs
shall be collected by the Clerk of the Municipal Court and applied
to satisfy or reduce the actual costs and expenses incurred by the
City in connection with said period of confinement.
[Ord. No. 1366 §4, 11-19-1997; Ord. No. 1484 §1, 10-10-2001]
Pursuant to Section 595.045, RSMo., a surcharge in the amount
of seven dollars fifty cents ($7.50) shall be assessed by the Municipal
Court Judge against the defendant in connection with every separate
charge of a violation of any criminal law of the State, or of any
City ordinance, except that no such surcharge shall be assessed in
any case or proceeding in which the defendant is voluntarily dismissed
by the City, or when a Clerk fee is not assessed against the defendant.
Said surcharge shall be collected by the Clerk of the Municipal Court.
At least monthly, the Clerk of the Municipal Court shall pay to the
Director of Revenue of the State of Missouri the sum of seven dollars
thirteen cents ($7.13) for each surcharge so assessed and paid and
shall pay the sum of thirty-seven cents ($.37) from each such surcharge
into the City Treasury. The terms and provisions of Section 595.045,
RSMo., and any subsequent amendments or revisions thereto, including
any future increases or reductions in the surcharge set forth therein,
are hereby specifically incorporated herein by reference.
[Ord. No. 1366 §5, 11-19-1997]
Pursuant to Section 590.140, RSMo., a surcharge in the amount
of two dollars ($2.00) shall be assessed by the Municipal Court Judge
against the defendant for every separate charge of a violation of
any general criminal law of the State, or of any City ordinance, except
that no such fee shall be charged in connection with the violation
of any State fish and game regulation, and no such fee shall be collected
in any matter in which the proceeding or defendant has been dismissed
by the Municipal Court Judge. Said surcharge shall be collected by
the Clerk of the Municipal Court and shall be deposited in a separate
fund and thereafter used for the training of the Chief of Police,
Law Enforcement Officers, City Reserve Law Enforcement Officers, and
any Coroner or Deputy Coroner who may be employed by the City. The
Clerk of the Municipal Court shall retain in said fund no more than
one thousand five hundred dollars ($1,500.00) for each such officer,
officer candidate, Coroner or assistant thereof as may be then employed
by the City. All excess funds shall be transferred to and deposited
in the general Treasury of the City on a quarterly basis. The provisions
of this Section shall be effective from and after July 1, 1998.
[Ord. No. 1366 §6, 11-19-1997]
Pursuant to Section 590.140, RSMo., a surcharge in the amount
of one dollar ($1.00) shall be assessed by the Municipal Court Judge
against a defendant for each and every separate charge of a violation
of any general criminal law of the State, or of any City ordinance,
except that no such fee shall be charged in connection with the violation
of any State fish and game regulation, and no such fee shall be collected
in any matter in which the proceeding or defendant has been dismissed
by the Municipal Court Judge. Said surcharge shall be collected by
the Clerk of the Municipal Court and paid to the "Treasurer, State
of Missouri" to the credit of "The Peace Officer Standards and Training
Commission Fund", directed to the "Budget Director, Department of
Public Safety, Post Office Box 749, Jefferson City, Missouri 65102-0749",
said payment to be made on a monthly basis, on or before the fifteenth
(15th) day of each month, to be used for statewide training of Law
Enforcement Officers.
[Ord. No. 1366 §7, 11-19-1997]
A Judicial Education Fund is hereby established to provide for
the continuing education and certification of any Municipal Court
Judge employed by the City, and for the judicial education and training
of the Administrator(s) and Clerk(s) of the Municipal Court. The Clerk
of the Municipal Court is hereby authorized to withhold one dollar
($1.00) from all costs and fees collected in any Municipal Court case,
and to deposit that amount in the Judicial Education Fund. The Clerk
of the Municipal Court shall administer the Fund. The Clerk of the
Municipal Court shall retain in said Fund no more than one thousand
five hundred dollars ($1,500.00) for each person then employed by
the Municipal Court as a Judge, Clerk or Administrator. All excess
funds shall be transferred to and deposited in the general Treasury
of the City on a quarterly basis.
[Ord. No. 1366 §8, 11-19-1997]
Pursuant to Section 577.048, RSMo., the Municipal Court Judge
may, in his/her discretion, assess an amount not to exceed the reasonable
cost of making an arrest and actual cost of any chemical test performed,
against any defendant charged with a violation of any law of the State,
or any City ordinance, involving an alcohol or drug-related traffic
offense, except that no such fee shall be collected in any matter
in which the proceeding or defendant has been dismissed by the Municipal
Court Judge. Said costs shall be collected by the Clerk of the Municipal
Court and applied to satisfy or reduce the actual costs and expenses
incurred by the City in connection with said arrest and/or testing.
[Ord. No. 1366 §9, 11-19-1997]
Pursuant to Section 302.137, RSMo., and in addition to such
other costs, fines, fees or punishments as may be otherwise authorized
by State law or City ordinance, the Municipal Court Judge shall enter
a monetary judgment in the amount of five dollars ($5.00) against
any person who violates a Missouri law or a City ordinance, when the
Municipal Court Judge also finds that the violation occurred when
the defendant was the operator of a motorcycle or motortricycle, or
where the defendant causes an accident involving a motorcycle or motortricycle.
Said judgment shall be entered in favor of the State of Missouri "Motorcycle
Safety Trust Fund". The amounts assessable as judgments pursuant to
this Section shall be doubled if the operator at fault is found by
the Municipal Court Judge to have violated any State law or City ordinance
relating to the consumption of alcohol. Said judgment shall be collected
by the Clerk of the Municipal Court and shall be paid into the State
Treasury to the credit of the Motorcycle Safety Trust Fund. The Clerk
of the Municipal Court shall disburse all amounts collected pursuant
to this Section to the State Treasury within thirty (30) days of receipt
thereof, retaining no more than twenty percent (20%) of such amount
to defer the City's costs and expenses of administration of this Section.
[Ord. No. 1366 §10, 11-19-1997]
All Court costs, fees, surcharges and judgments provided for
herein are due and payable at the time they are entered or ordered
by the Municipal Court Judge; provided that if the amount of such
Court costs cannot be readily determined, then the Clerk of the Municipal
Court shall collect a deposit based upon the likely amount of same,
and the balance thereof shall be payable immediately upon ascertainment
of the proper amount. Failure to collect the Court cost shall not
affect the validity of the Court cost or service. The Municipal Court
Judge may, in his/her discretion and upon good cause shown, extend
the time for payment to a date certain, not to exceed three hundred
sixty-five (365) days from the date of entry. If any amount assessed
under this Section is not paid when due, and upon notification to
the party (or any attorney of record for the party) from whom the
amount is due, and failure to pay the amount after such notice, the
Municipal Court Judge shall hold the party in contempt and may pursue
such other penalties, relief or remedies as are authorized and permitted
by the Statutes or Constitution of the State of Missouri.
[Ord. No. 2427, 8-12-2021]
The Board of Aldermen hereby approves a State Court automation
surcharge of seven dollars ($7.00) is assessed in all cases in which
court costs are taxed. Pursuant to Section 488.012.3(5), RSMo., and
Section 488.027.2, RSMo., said surcharge is collected by this Municipal
Court and transmitted monthly to the Missouri Director of Revenue
and applied to the Missouri Statewide Automation Fund. The terms and
provisions of Sections 488.012(5) and 488.027.2, RSMo., and any subsequent
amendments or revisions thereto, including any future increases or
reductions in the surcharge set forth therein, are hereby specifically
incorporated herein by reference.
[Ord. No. 1479 §1, 9-12-2001]
A.
Assessment Against Persons Committing An Intoxication-Related Offense. Pursuant to Section 304.027, RSMo., and in addition to such other
costs, fines, fees or punishments as may be otherwise authorized by
State law or City ordinance, the Municipal Court Judge shall enter
a monetary judgment in the amount of twenty-five dollars ($25.00)
against any person who is convicted of an intoxication-related offense,
as defined by Section 577.023, RSMo., and any subsequent amendments
thereto. An "intoxication-related traffic offense" is currently defined as "driving while intoxicated, driving with
excessive blood alcohol content, or driving under the influence of
alcohol or drugs in violation of State law or a County or municipal
ordinance, where the Judge in such case was an attorney and the defendant
was represented by or waived the right to an attorney in writing".
B.
Collection And Disbursement Of Judgment. Said judgment shall
be collected by the Clerk of the Municipal Court and shall be paid
into the State Treasury to the credit of the Spinal Cord Injury Fund
within thirty (30) days of receipt thereof, in accordance with the
provisions of Sections 488.010 through 488.020, RSMo.
[Ord. No. 1492 §1, 12-19-2001]
A.
As
used in this Section, the term "construction zone" or "work zone" means any area upon or around any
highway, as defined in Section 302.010, RSMo., or any street, alley
or other public thoroughfare within the limits of the City, which
is visibly marked by the State Department of Transportation or the
Public Works Department of the City or by a contractor performing
work for either of said entities, as an area where construction, maintenance
or other work is temporarily occurring. The term "work zone" or "construction zone" also includes the lanes
of any highway or street leading up to the area upon which an activity
described in this Subsection is being performed, beginning at the
point where appropriate signs directing motor vehicles to merge from
one lane into another lane are posted.
B.
Upon
conviction or a plea of guilty by any person for a moving violation,
herein defined as "that character of traffic violation where at the
time of violation the motor vehicle involved is in motion, except
that the term does not include the driving of a motor vehicle without
a valid motor vehicle registration license, or violations of Sections
304.170 to 304.240, RSMo., inclusive, relating to sizes and weights
of vehicles", the Court shall assess a fine of thirty-five dollars
($35.00), in addition to any other fine authorized to be imposed by
law, if the offense occurred within a construction zone or a work
zone.
C.
Upon conviction or plea of guilty by any person for a speeding violation pursuant to any ordinance of this City, the Court shall assess a fine of two hundred fifty dollars ($250.00), in addition to any other fine authorized by law, if the offense occurred within a construction zone or a work zone and at the time the speeding violation occurred there was any person in such zone who was there to perform duties related to the reason for which the area was designated a construction zone or work zone. However, no person assessed an additional fine pursuant to this Subsection shall also be assessed an additional fine pursuant to Subsection (B) of this Section, and no person shall be assessed an additional fine pursuant to this Subsection if no signs have bean posted pursuant to Subsection (D) of this Section.
D.
The penalty authorized by Subsection (C) of this Section shall only be assessed by the Court if the City, or the Missouri Department of Transportation or any contractor performing work for either such entity, has erected signs upon or around a construction or work zone which are clearly visible from the highway, street, alley or thoroughfare which state substantially the following message: "Warning, $250.00 fine for speeding or passing in this work zone".
E.
During any day in which no person is present in a construction zone or work zone established pursuant to Subsection (C) of this Section to perform duties related to the purpose of the zone, the sign warning of additional penalties shall not be visible to motorists. During any period of two (2) hours or more in which no person is present in such zone on a day in which persons have been or will be present to perform duties related to the reason for which the area was designated as a construction zone or work zone, the sign warning of additional penalties shall not be visible to motorists. The City or State Department of Transportation or contractor performing work for either such entity shall be responsible for compliance with provisions of this Subsection. Nothing in this Subsection shall prohibit warning or traffic control signs necessary for public safety in the construction or work zone being visible to motorists at all times.
[Ord. No. 1520 §1, 6-12-2002]
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 Plattsburg, including those relating to the use, condition
or occupancy of property or structures located within the City, or
relating to the licensing and regulation of any animal or dog, or
to those relating to connections to public utility services, or to
those pertaining generally to the public health, safety or welfare,
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:
a.
The property or place to be searched or inspected or the thing to
be seized is located with the City of Plattsburg at the time of the
making of the application, and
b.
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 a Building Inspector, Codes Administrator, Animal
Control Officer, Police or Public Safety Officer and City Administrator.
3.
Any such warrant shall be directed to the Chief of Police or any
other Police/Public Safety Officer of the City and shall be executed
by the Chief of Police or said Police Officer within the City limits
and not elsewhere.
B.
Who May Apply For Warrant — Contents Of Application.
1.
Any Police Officer or an attorney of the City may make application
to the Municipal Judge for the issuance of an administrative search
warrant.
2.
The application shall:
a.
Be in writing;
b.
State the time and date of the making of the application;
c.
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;
d.
State that the owner or occupant of the property or places to be
entered, searched, inspected or seized has been requested by the officer
or employee, upon presentation of proper credentials, to allow such
action and has refused to allow such action, or that the officer or
employee has made a reasonable effort to locate the owner or other
persons having charge or control of the building or premises and has
been unable to locate any such person;
e.
State facts sufficient to show probable cause for the issuance of a search warrant, as provided in Subsection (C)(1) hereof, to:
(1)
Search or inspect for violations of an ordinance or Code Section
specified in the application, or
(2)
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;
(3)
To search for and seize or photograph, copy or record any property,
article, material or substance that constitutes evidence of the violation
of a municipal ordinance; or property which has been stolen or acquired
in any manner declared an offense under this Code; or property for
which possession is an offense under this Code.
f.
Be verified by the oath or affirmation of the applicant; and
g.
Be signed by the applicant and filed in the Municipal Court.
3.
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 municipal 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 officer or employee 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 a municipal 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
municipal 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 Plattsburg;
b.
Be directed to any Police Officer in the City;
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 municipal 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 title of office indicated.
3.
Execution and return.
a.
A search warrant issued under this Section shall be executed only
by the Chief of Police or a Police/Public Safety Officer, provided
however, that one (1) or more designated City 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
searched, inspected or entered upon a copy of the warrant.
(3)
Seized property — receipt to be given —
disposition.
(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 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 municipal
ordinance or Code Section, but in the absence of same, then with Section
542.301, RSMo.
(4)
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.
(5)
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 would be justified in using if the warrant were valid.
(6)
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.
Return requirements.
(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
searched or seized.
4.
Warrant invalid — when. A search warrant shall
be deemed invalid:
a.
If it was not issued by the Municipal Judge;
b.
If it was issued without a written application having been filed
and verified;
c.
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;
d.
If it was not issued with respect to property or places in the municipal
limits of the City of Plattsburg;
e.
If it does not describe the property or places to be searched, inspected,
entered upon or seized with sufficient certainty;
f.
If it is not signed by the Judge who issued it; or
g.
If it was not executed and the required return made within ten (10)
days after the date of the making of the application.
D.
Warrant Not Required — When. In the event of an emergency
effecting public health or safety, or constituting an immediate risk
of injury to any person or damage to property, entry onto private
property may be made and inspections thereof conducted by any authorized
officer or employee of the City of Plattsburg without the issuance
of an administrative warrant.
[Ord. No. 1570 §7, 2-12-2003]
If, upon trial before the Municipal Judge or any Court to which
a transfer or appeal may be taken, it appears to the satisfaction
of the Court or the jury trying the cause that the complaint or prosecution
was made with actual malice and without probable cause, the Court
shall so state in its findings, or the jury in its verdict, and the
Court shall enter judgment for costs against the person at whose instance
the complaint was made and shall issue execution therefore.
[Ord. No. 1570 §8, 2-12-2003]
A.
When
a fine is assessed for violating an ordinance, it shall be within
the discretion of the Judge to provide for the payment of the fine
on an installment basis under such terms and conditions as the Judge
may deem appropriate.
B.
When
a defendant has failed to pay any fine assessed for violating an ordinance,
it shall be within the discretion of the Judge to order a credit toward
any fine connected with that arrest or order in an amount not to exceed
fifty dollars ($50.00) for each eight (8) hour day of community service
served by the defendant.
[Ord. No. 1570 §9, 2-12-2003]
A.
It
shall be unlawful for any person who has been charged with an offense
of the ordinances of the City of Plattsburg, and the charge having
been set in the Municipal Court of the City, to fail to appear before
such Court as required.
B.
A person
commits the offense of failure to appear in Municipal Court if:
1.
He or she has been issued a summons for a violation of any ordinance
of the City of Plattsburg and fails to appear before the Judge of
the Municipal Court at the time and on the date on which he or she
was so summoned or at the time and on the date to which the case was
continued.
2.
He or she has been released upon recognizance of bond and fails to
appear before the Judge of the Municipal Court at the time and on
the date on which he or she was summoned or at the time and on the
date to which the case was continued.
C.
Proof
of personal service, delivery or mailing, by certified mail, postage
prepaid, of a summons or Court notice to the person shall establish
a presumption of knowledge by that person of his or her Court date.
D.
Nothing
in this Section shall prevent the exercise by the Municipal Court
of its power to punish for contempt.
E.
Failure
to appear in Municipal Court is an offense punishable by a fine not
exceeding five hundred dollars ($500.00) or by imprisonment for a
period not exceeding sixty (60) days, or by both such fine and imprisonment.
[Ord. No. 1570 §10, 2-12-2003]
If a violator of the restrictions on standing or parking under
the traffic laws or ordinances of the City of Plattsburg does not
appear in response to a uniform traffic ticket affixed to such motor
vehicle within the time specified on the ticket, the Municipal Court
Clerk shall send to the owner of the motor vehicle to which the traffic
ticket was affixed a letter informing him/her of the violation and
warning him/her that in the event such letter is disregarded for a
period of seven (7) days, a warrant of arrest will be issued.
[Ord. No. 1570 §11, 2-12-2003]
A.
A person
commits the offense of failure to comply with a subpoena issued by
the Municipal Court if, after being duly served with such a subpoena,
he or she fails to appear at the time and place and in the manner
directed in the subpoena or to do any other act required by the subpoena.
B.
Failure
to comply with a Municipal Court subpoena is an offense punishable
by a fine not exceeding five hundred dollars ($500.00) or by imprisonment
for a period not exceeding sixty (60) days, or by both such fine and
imprisonment.
[Ord. No. 1570 §12, 2-12-2003]
A.
A person
commits the offense of interfering with a Municipal Court witness
if such person entices or persuades or by threats or any other means,
directly or indirectly, induces or causes any other person summoned
as a witness in any case before the Plattsburg Municipal Court to
absent himself from the trial of such case or induces or causes by
persuasion, threats or any other means any other person to absent
or hide himself for the purpose of avoiding service of process of
any kind issued by the Municipal Court Judge.
B.
Interfering
with a Municipal Court witness is an offense punishable by a fine
not exceeding five hundred dollars ($500.00) or by imprisonment for
a period not exceeding sixty (60) days, or by both such fine and imprisonment.
[Ord. No. 1570 §13, 2-12-2003]
A.
A person
commits the offense of tampering with physical evidence if he or she:
1.
Alters, destroys, suppresses or conceals any record, document or
thing with the intent or purpose to impair its verity, legibility
or availability in any City of Plattsburg Municipal Court proceeding
or in any other official City proceeding or investigation; or
2.
Makes, presents or uses any record, document or thing knowing it
to be false with the purpose or intent to mislead the Municipal Court
Judge or any other Police Officer or public servant who is or may
be engaged in any official proceeding or investigation.
B.
Tampering
with physical evidence is an offense punishable by a fine not exceeding
five hundred dollars ($500.00) or by imprisonment for a period not
exceeding sixty (60) days, or by both such fine and imprisonment.
