Section 160.190 Parole or Probation — When Granted — Certificate — Conditions of Probation — Modification of Conditions.
[CC 1984 §72.010]
There is hereby established in this City a Municipal Court, to be known as the "Camdenton Municipal Court, a Division of the Camden County Circuit Court of the State of Missouri."
[CC 1984 §72.020]
The jurisdiction of the Municipal Court shall extend to all cases involving alleged violations of the ordinances of the City.
[Ord. No. 1434-92 §1, 7-21-1992; Ord. No. 2355-10 §1, 4-6-2010]
The Mayor, with the advice and consent of the Board of Aldermen, shall appoint a suitable person as Municipal Judge who shall hold office at the pleasure of the Board of Aldermen for an initial term of not less than two (2) years and continuing automatically thereafter for an indefinite term. The Municipal Judge may be removed as set forth in Section 79.240, RSMo., for the removal of City Officers.
Editor's Note — Ord. no. 2355-10 §1, adopted April 6, 2010, repealed section 160.040 "term of office" in its entirety. Former section 160.040 derived from CC 1984 §72.040. At the editor's discretion, this section has been reserved for the city's future use.
[CC 1984 §72.050; Ord. No. 2355-10 §1, 4-6-2010]
[CC 1984 §72.060; Ord. No. 2355-10 §1, 4-6-2010]
The Municipal Judge shall possess the following qualifications before he/she shall take office:
Be in good standing with the Missouri Bar and licensed to practice law within the State of Missouri.
A resident of the State of Missouri.
Between the ages of twenty-one (21) and seventy-five (75) years.
Not hold any other office within the City Government.
Comply with all requirements of Missouri laws for Municipal Court Judges.
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 1984 §72.070]
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 1984 §72.080]
The Municipal Judge shall cause to be prepared within the first (1st) 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 case where there was an application for trial de novo, respectively. The same shall be prepared under oath by the Municipal Court Clerk or the Municipal Judge. This report will be filed with the City Clerk, who shall thereafter forward the same to the Board of Aldermen of the City for examination at its first (1st) session thereafter.
[CC 1984 §72.090]
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 Camden 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 successor in office or to the Presiding Judge of the Circuit Court.
[CC 1984 §72.100]
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, and may fine and imprison for contempt committed before him/her while holding Court, in the same manner and to the game 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.
[CC 1984 §72.110; Ord. No. 1676-97 §1, 10-9-1997]
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 Accounting Clerk is hereby designated as the Traffic Violations Clerk for said Bureau, if established.
[CC 1984 §72.120]
All warrants issued by a Municipal Judge shall be directed to the Chief of Police, or any other Police Officer of the City 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.
[CC 1984 §72.130]
The Chief of Police, or other Police Officer of the City shall, 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 1984 §72.140]
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 1984 §72.150]
It shall be the duty of an attorney designated by the City 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 in any case.
[CC 1984 §72.160]
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.
[CC 1984 §72.170]
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.
[CC 1984 §72.180]
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 other prisoners in his/her custody. The same shall be taxed as cost.
Section 160.190 Parole or Probation — When Granted — Certificate — Conditions of Probation — Modification of Conditions.
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 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 of gross negligence. The services performed by the probationer of 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 of termination of the probation term.
In any case tried before a Municipal Judge who is not licensed to practice law in this State, the defendant shall have a right to trial de novo, even from a plea of guilty, before a Circuit Judge or an Associate Circuit Judge.
In any case tried before a Municipal Judge who is licensed to practice law in this State or before an Associate Circuit Judge, except where there has been a plea of guilty or the case has been tried with a jury, the defendant shall have a right of trial de novo before a Circuit Judge or upon assignment before an Associate Circuit Judge. An application for a trial de novo shall be filed within ten (10) days after judgement and shall be filed in such form and perfected in such manner as provided by Supreme Court Rule.
In any case tried with a jury before an Associate Circuit Judge a record shall be made and appeals may be had upon that record to the appropriate Appellate Court.
[CC 1984 §72.210]
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.
[CC 1984 §72.220]
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 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 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 General Revenue Fund of the City.
[CC 1984 §72.230]
A Municipal Judge shall be disqualified to hear any case in which he/she is in anyway 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 of disqualification in the same case.
[CC 1984 §72.240]
If a Municipal Judge be absent, sick or disqualified from acting, the Mayor may designate some competent, eligible person to act as Municipal Judge until such absence or disqualification shall cease. The Board of Aldermen shall provide by ordinance for the compensation of any person designated to act as Municipal Judge under the provisions of this Section.
[Ord. No. 1149-87 §1, 6-16-1987]
The Mayor with approval of the Board of Aldermen, shall appoint a Clerk of the Municipal Court. The duties of said Clerk shall be as follows:
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 pleas of guilty.
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 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.
[CC 1984 §72.260; Ord. No. 1437-92 §1, 7-21-1992; Ord. No. 1512-93 §1, 10-5-1993; Ord. No. 1513-93 §1, 10-5-1993; Ord. No. 1592-95 §1, 9-19-1995; Ord. No. 1643-96 §1, 12-17-1996; Ord. No. 1807-00 §1, 10-1-2000; Ord. No. 1846-01 §1, 9-4-2001; Ord. No. 1911-02 §1, 9-17-2002]
In addition to any fine that may be imposed by the Municipal Judge, there shall be assessed as costs in all cases the following, except in those cases which are dismissed and in which costs are to be paid by the City:
Costs of Court in the amount of twelve dollars ($12.00).
Law Enforcement Training Fund surcharge of two dollars ($2.00) as authorized pursuant to Section 590.140, RSMo., provided that no such surcharge shall be collected in any proceeding when the proceeding or defendant has been dismissed by the Court or when costs are to be paid by the City. This surcharge shall not be assessed in cases which are dismissed.
Peace Officer Standards and Training Fund surcharge in the amount of one dollar ($1.00) as authorized pursuant to Section 590.140, RSMo. This surcharge shall be collected and disbursed as provided in Sections 488.010 to 488.020, RSMo., and payable to the State Treasury to the credit of the Peace Officer Standards and Training Commission Fund. This surcharge shall not be assessed in cases which are dismissed.
Crime Victims' Compensation Fund in the amount authorized by Section 595.045, RSMo. This surcharge shall not be assessed in cases which are dismissed. This surcharge shall be remitted as set forth in said Statute.
Other costs, such as for the issuance of a warrant, a commitment or a summons, as set by the Judge or as may be 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.
Domestic violence surcharge of two ($2.00) dollars as authorized by Section 479.261, RSMo. The costs collected by this Section shall be collected and disbursed for payment to shelters for battered persons pursuant to said Section 479.261, RSMo. Distribution of said funds shall be made to qualifying shelters on a monthly basis. To qualify for receipt of City administered funds, a shelter must meet all statutory requirements and be in good standing as a not for profit corporation or agency. Funds shall be distributed to shelters which are located in the City limits of the City of Camdenton on a pro rata basis utilizing client days as the criteria. This surcharge shall not be assessed in cases which are dismissed.
Mileage as may be set by the Judge or 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.
[CC 1984 §72.270]
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.
[Ord. No. 1458-92 §1, 12-15-1992; Ord. No. 1676-97 §1, 10-9-1997]
Upon a plea of guilty, finding of guilt or conviction for violation of the provisions of the Camdenton City Code relating to alcohol- or drug-related traffic offenses, the Court may, in addition to imposition of any penalties provided by law, order the person to reimburse law enforcement authorities for the costs associated with such arrest.
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.
Law enforcement authorities 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.
These fees 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 general revenue of the City.
These shall be retained fees in a separate account known as the "DWI/Drug Enforcement Account". Monies within the DWI/Drug Enforcement Account shall be appropriated by the Board of Aldermen to law enforcement authorities for such account 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.
[CC 1984 §72.280]
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.
[Ord. No. 1879-02 §1, 4-2-2002; Ord. No. 2279-08 §1, 9-16-2008]
Approval of Destruction of Records. Records of the Court shall be destroyed as set forth in Missouri Supreme Court Rules. Prior to such destruction, a written summary list of records shall be submitted to and approved by the Board of Aldermen.
Dismissal of Pending Cases and Recall of Arrest Warrants. The City Prosecutor may dismiss individual pending cases as he deems fit and any arrest warrant for such charge shall be recalled. In situations wherein the Prosecutor is dismissing cases merely because of the length of time they have been pending, the Prosecutor may take into consideration the length of time the charges have been pending, the evidence against the defendant which would still be available and the nature of the charges. A list of charges which are considered being dismissed by the City Prosecutor because of the length of time they have been pending shall be provided to the Mayor and City Administrator showing the defendant's name, date of filing of charges and nature of the ordinance violation at least thirty (30) days prior to the dismissal of such charges.
Closing of Cases and Recall of Arrest Warrants. The Municipal Court Judge may make an order closing municipal ordinance violation matters as warranted for which the defendant has not completed payment of fines, costs or other matters. For such matters, the Judge shall make an individual entry in such Court record dismissing such matter and for such matter any pending warrant for the defendant's arrest shall be recalled. The Judge may take into consideration the length of time the matter has been pending, the likelihood of collection, the nature of the charges and any other information available in determining which cases to close. A list of matters which are considered being ordered closed by the Judge because of the length of time they have been pending shall be provided to the Mayor and City Administrator showing the defendant's name, date of last activity on such defendant and nature of the ordinance violation at least thirty (30) days prior to the closing of such record.
Cases in Which Defendant Known Deceased. The Prosecutor may dismiss pending charges or the Judge may order files closed for municipal ordinance violation cases in which the defendant is known to be deceased. In such instances, any warrant for the defendant's arrest shall be recalled.
[Ord. No. 2393-11 §1, 1-18-2011]
Search Warrant Defined — Who May Issue, Execute.
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 Camdenton relating to the use, condition or occupancy of property or structures located within the City of Camdenton or to enforce the provisions of other ordinance or Code Sections.
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 Camdenton at the time of the making of the application and either:
The owner or occupant of the property or place to be searched or inspected or the thing to be seized has refused to allow same after official request by the City of Camdenton; or
A request to the owner or occupant for a search of such property or place would be impractical or cause the evidence to potentially be destroyed or removed from the premises.
Any such warrant shall be directed to the Chief of Police or any other Police Officer of the City of Camdenton and shall be executed by the Chief of Police or said Police Officer within the City of Camdenton City limits and not elsewhere.
Who May Apply For Warrant — Contents Of Application.
The City Attorney for the City of Camdenton may make application to the Municipal Judge for the issuance of an administrative search warrant.
The application shall:
Be in writing;
State the time and date of the making of the application;
Identify the property or places to be entered, searched, inspected or seized in sufficient detail and particularity that the officer executing the warrant can readily ascertain it;
State that the owner or occupant of the property or places to be entered, searched, inspected or seized has been requested by the City of Camdenton and the occupant or owner has refused to allow such action or that the request to the owner or occupant would be impractical or potentially cause the evidence to be destroyed or removed from the premises.
State facts sufficient to show probable cause for the issuance of a search warrant, as provided in Subsection (C)(1) hereof, to:
Search or inspect for violations of an ordinance or Code Section specified in the application; or
Show that entry or seizure is authorized and necessary to enforce an ordinance or Code Section specified in the application and that any required due process has been afforded prior to the entry or seizure;
Be verified by the oath or affirmation of the applicant; and
Be signed by the applicant and filed in the Municipal Court.
The application may be supplemented by a written affidavit verified by oath or affirmation. Such affidavit shall be considered in determining whether there is probable cause for the issuance of a search warrant and in filling out any deficiencies in the description of the property or place to be searched or inspected. Oral testimony shall not be considered.
Hearing And Procedure — Contents Of Warrant — Execution And Return.
Hearing and procedure.
The Municipal Judge shall hold a non-adversary hearing to determine whether probable cause exists to inspect or search for violations of any City of Camdenton ordinance or Code Section, or to enforce any such ordinance or Code Section.
In doing so the Municipal Judge shall determine whether the action to be taken by the City of Camdenton 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, any known violation of any relevant City of Camdenton 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 Camdenton ordinance or Code Section.
If it appears from the application and any supporting affidavit that there is probable cause to inspect or search for violations of any City of Camdenton ordinance or Code Section, or to enforce any such ordinance or Code Section, a search warrant shall immediately be issued.
The warrant shall issue in the form of an original and two (2) copies, and the application, any supporting affidavit and copy of the warrant as issued shall be retained in the records of the Municipal Court.
Contents of search warrant. The search warrant shall:
Be in writing and in the name of the City of Camdenton;
Be directed to any Police Officer in the City of Camdenton;
State the time and date the warrant was issued;
Identify the property or places to be searched, inspected or entered upon in sufficient detail and particularly that the officer executing the warrant can readily ascertain it;
Command that the described property or places be searched or entered upon, and that any evidence of any City of Camdenton ordinance violations found therein or thereon, or any property seized pursuant thereto, or a description of such property seized, be returned, within ten (10) days after filing of the application, to the Municipal Judge who issued the warrant, to be dealt with according to law;
Be signed by the Judge, with his title of office indicated.
Execution and return. A search warrant issued under this Section shall be executed only by a City of Camdenton Police Officer, provided however, that one (1) or more designated City of Camdenton officials may accompany the officer, and the warrant shall be executed in the following manner:
The warrant shall be executed by conducting the search, inspection, entry or seizure as commanded and shall be executed as soon as practicable and in a reasonable manner.
The officer shall give the owner or occupant of the property searched, inspected or entered upon a copy of the warrant.
If any property is seized incident to the search, the officer shall give the person from whose possession it was taken, if the person is present, an itemized receipt for the property taken. If no such person is present, the officer shall leave the receipt at the site of the search in a conspicuous place. A copy of the itemized receipt of any property taken shall be filed with the Municipal Court within two (2) working days of the search. The disposition of property seized pursuant to a search warrant under this Section shall be in accordance with an applicable City of Camdenton ordinance or Code Section, but in the absence of same, then with Section 542.301, RSMo.
The officer may summon as many persons as he deems necessary to assist him in executing the warrant, and such persons shall not be held liable as a result of any illegality of the search and seizure.
An officer making a search pursuant to an invalid warrant, the invalidity of which is not apparent on its face, may use such force as he would be justified in using if the warrant were valid.
A search warrant shall expire if it is not executed and the required return made within ten (10) days after the date of the making of the application.
After execution of the search warrant, the warrant, with a return thereon signed by the officer making the search, shall be delivered to the Municipal Court. The return shall show the date and manner of execution and the name of the possessor and of the owner, when not the same person, if known, of the property or places searched or seized. The return shall be accompanied by any photographs, copies, or recordings made, and by any property seized, along with a copy of the itemized receipt of such property required by this Section; provided however, that seized property may be disposed of as provided herein, and in such a case a description of the property seized shall accompany the return.
The Court Clerk, upon request, shall deliver a copy of the return to the possessor and the owner, when not the same person, of the property searched or seized.
Warrant Invalid — When. A search warrant shall be deemed invalid:
If it was not issued by the Municipal Judge;
If it was issued without a written application having been filed and verified;
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;
If it was not issued with respect to property or places in the City of Camdenton, Missouri;
If it does not describe the property or places to be searched, inspected, entered upon or seized with sufficient certainty;
If it is not signed by the Judge who issued it; or
If it was not executed and the required return made within ten (10) days after the date of the making of the application.