[CC 1961 §6.1; Ord. No. 2306 §1(6.1), 12-4-1978]
There is hereby established in this City a Municipal Court, to be known as the "Berkeley Municipal Court, a Division of the 21st Judicial Circuit Court of the State of Missouri". This Court is a continuation of the Municipal Court of the City as previously established, and is termed herein "the Municipal Court".
Violations of municipal ordinances shall be heard and determined only before divisions of the Circuit Court as hereinafter provided in this Chapter. "Heard and determined", for purposes of this Chapter, shall mean any process under which the court in question retains the final authority to make factual determinations pertaining to allegations of a municipal ordinance violation.
[CC 1961 §6.3; Ord. No. 2306 §1(6.3), 12-4-1978]
The Judge of the City's Municipal Court shall be known as a Municipal Judge of the 21st Judicial Circuit Court, and shall be selected as follows:
He/she shall be appointed to office on the first (1st) day of June following the election of the Mayor to his/her position by a majority vote of the entire City Council for a term of four (4) years. If a vacancy exists in such office his/her successor shall be appointed to fill the unexpired term.
[CC 1961 §6.4; Ord. No. 2306 §1(6.4), 12-4-1978]
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,
If he/she should lose his/her license to practice law within the State of Missouri, or
For cause and provided with a hearing before the City Council.
[CC 1961 §6.5; Ord. No. 2306 §1(6.5), 12-4-1978]
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 and be in active legal practice for at least five (5) years prior to his/her appointment.
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 1961 §6.6; Ord. No. 2306 §1(6.6), 12-4-1978]
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.
[CC 1961 §6.8; Ord. No. 2306 §1(6.8), 12-4-1978]
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 St. Louis 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 1961 §6.9; Ord No. 2306 §1(6.9), 12-4-1978]
The Municipal Judge shall be and is hereby authorized to:
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 of the Revised Statutes of Missouri.
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 Rules 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, this Code or other ordinances of this City or Charter.
[CC 1961 §6.10; Ord. No. 2306 §1(6.10), 12-4-1978]
Should the Municipal Judge determine that there shall be a Traffic Violations Bureau, the City shall provide all expenses incident to the operation of the same. The Director of Finance is hereby designated as the Traffic Violations Clerk for said Bureau, if established. Failure to obey summons or warrants shall be a violation.
[CC 1961 §6.11; Ord. No. 2306 §1(6.11), 12-4-1978]
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 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 1961 §6.12; Ord. No. 2306 §1(6.12), 12-4-1978]
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.
[CC 1961 §6.13; Ord. No. 2306 §1(6.13), 12-4-1978]
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.
[CC 1961 §6.14; Ord. No. 2306 §1(6.14), 12-4-1978]
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 the 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 1961 §6.15; Ord. No. 2306 §1(6.15), 12-4-1978]
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 the 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.
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 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 Court Judge of the County.
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.
[CC 1961 §6.17; Ord. No. 2306 §1(6.17), 12-4-1978]
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 City 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:
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 1961 §6.19; Ord. No. 2306 §1(6.19), 12-4-1978]
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 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 1961 §6.21; Ord. No. 2306 §1(6.21), 12-4-1978]
In the case of a breach of any recognizance entered into before the 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 City 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 the 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 General Revenue Fund of the municipality.
[CC 1961 §6.22; Ord. No. 2306 §1(6.22), 12-4-1978]
The Municipal Judge shall be disqualified to hear any case in which he/she is anywise interested, or, if before the trial is commenced, the defendant or the Prosecutor files an affidavit that the defendant or the City, 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 City shall be entitled to file more than one (1) affidavit or disqualification in the same case.
[CC 1961 §6.23; Ord. No. 2306 §1(6.23), 12-4-1978]
If a Municipal Judge be absent, sick or disqualified from acting, the Council may designate some competent, eligible person to act as Municipal Judge until such absence or disqualification shall cease. The Council shall provide by ordinance for the compensation of any person designated to act as Municipal Judge.
[CC 1961 §6.24; Ord. No. 2306 §1(6.24), 12-4-1978]
The duties of the Municipal Clerk 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 and 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 Traffic Violations Bureau cases or as directed by the Municipal Judge; generally act as Violations Clerk of the Traffic Violations 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 of the municipality which shall 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.
[Ord. No. 3536 §1, 9-17-2001]
In addition to any fine that may be imposed by the Municipal Judge in any case filed in the Berkeley Municipal Division of the 21st 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:
There may also be assessed a two dollar ($2.00) cost 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.
Editor's Note: Ordinance No. 4187, adopted 1-5-2015, provided for the collection of the cost of incarceration, the deposit of all moneys collected in the general fund of the City, and set the average per-day cost of incarceration in Berkeley jail facilities. Said current per-day cost is on file in the City offices.
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 (10) hereof.
Reimbursement of certain costs of arrest.
Upon a plea or a finding of guilty for a first (1st) offense of violating the provisions of an ordinance of the City of Berkeley, 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 shall 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 City Council 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.
Issuance of a warrant: $5.00.
Issuance of a commitment: $5.00.
Letter or notice of failure to appear in Court: $3.00.
Issuance of a summons: $1.00.
Appeal costs from Municipal Court to the Circuit Court of St. Louis County as required.
In addition to the above costs, there shall be added twenty cents ($.20) per mile for each mile or fraction thereof that the Police must travel to serve any warrant or commitment or order of the Court.
Expert witness fees required by the City shall be taxed as costs by the Court. Expert witnesses are witnesses who testify relative to matters outside of the scope of general knowledge and possess special skills and knowledge.
Certification of any and all documents of the Municipal Court shall cost two dollars fifty cents ($2.50).
Judicial Education Fund and Appointed Counsel Fund.
[Ord. No. 4108 §§1 — 3, 9-9-2013]
A fee of one dollar ($1.00) shall be assessed as Court costs on all municipal violations that result in a plea or finding of guilty in the Municipal Court of Berkeley, Missouri.
This fee shall be collected and allocated between the Judicial Education Fund and the Appointed Counsel Fund, as determined by the Court.
The funds shall be administered and utilized consistent with the requirements of State Law, specifically, Section 479.260, RSMo.
[Ord. No. 4163 §1, 10-6-2014]
There is hereby approved and authorized a transaction fee of four dollars ($4.00) to be charged in connection with each credit card payment made to the City of Berkeley, Missouri Municipal Court to be used to offset the transaction fees charged to the City of Berkeley in connection with credit card payments.
[Ord. No. 4107 §§1 — 2, 9-9-2013]
[CC 1961 §6.26; Ord. No. 2306 §1(6.26), 12-4-1978]
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 1961 §6.27; Ord. No. 2306 §1(6.27), 12-4-1978]
When a fine is assessed for violating an ordinance, it shall be within the discretion of the Judge assessing the fine to provide for the payment of a fine on an installment basis under such terms and conditions as he/she may deem appropriate.
[CC 1961 §6.29; Ord. No. 2377 §§1 — 2, 12-17-1979]
No person shall refuse to obey a summons, warrant or fail to appear in Court after any cause is continued to a subsequent date and any such violation in failing to appear in Court shall constitute a violation of this Section.
[Ord. No. 3353 §§1 — 5, 10-16-1995]
If a resident of the State of Missouri shall be charged with a moving traffic violation by the City of Berkeley and fails to dispose of charges of which he/she stands accused through authorized prepayment of fine and Court costs or fails to appear on the return date or at any subsequent date to which the case has been continued, or without good cause fails to pay any fine or Court costs against him/her for any such violation within the period of time specified or in such installments as approved by the Court or as otherwise provided by law, the Municipal Court of the City of Berkeley shall within ten (10) days of failure to comply, inform the defendant by ordinary mail to the last address shown on the Court records that the Municipal Court shall order the Missouri Director of Revenue to suspend the defendant's driving privileges if the charges are not disposed of and fully paid within thirty (30) days from the date of mailing.
If the defendant shall fail within the thirty (30) days allowed to dispose of the charges and fully pay any applicable fines and Court costs. The Municipal Court shall notify the defendant in the Municipal Court of Berkeley.
Upon receipt of the notifications set forth in Subsection (B), the Director of the Missouri Department of Revenue shall forthwith suspend the driving privileges of the defendant, and provide notice of the suspension to the driver at the last address for the driver shown on the records of the Department of Revenue.
If the defendant shall thereafter dispose of the charges and fully pay any applicable fines and Court costs, the Municipal Court of the City of Berkeley shall furnish to the defendant satisfactory evidence of disposition of the pending charges and payment of fines and Court costs.