City of Richmond, MO
Ray County
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Table of Contents
Table of Contents

Section 130.010 Court Established.

[Ord. No. 1662 §§1 — 2, 4-28-1999]
There is hereby established in this City a Municipal Court to be known as the "Richmond Municipal Court, a division of the Eighth Judicial Circuit Court of the State of Missouri". This Court is a reinstatement of the Municipal Court of the City as previously established and is termed herein "the Municipal Court".

Section 130.020 Jurisdiction.

[Ord. No. 1662 §§1 — 2, 4-28-1999]
The jurisdiction of the Municipal Court shall extend to all cases involving alleged violations of the ordinances of the City.

Section 130.030 Selection of Judge.

[Ord. No. 1662 §§1 — 2, 4-28-1999]
A. 
The Judge of the City's Municipal Court shall be known as the Richmond Municipal Judge of the Eighth Judicial Circuit Court, and shall be selected as follows:
1. 
The Municipal Judge shall be appointed to this position by the Mayor with consent of at least two-thirds (⅔) of the elected Council.

Section 130.035 Municipal Judge — Qualifications for Office.

A. 
The Municipal Judge shall possess the following qualifications before he/she shall take office:
1. 
He/she must be a licensed attorney, qualified to practice law within the State of Missouri.
2. 
He/she need not reside within the City.
3. 
He/she must be a resident of the State of Missouri.
4. 
He/she must be between the ages of twenty-one (21) and seventy-five (75) years.
5. 
He/she may serve as a Municipal Judge for any other municipality.
6. 
He/she may not hold any other office within the City Government.
7. 
The Municipal Judge shall be considered holding a part-time position and as such may accept other employment.

Section 130.040 Term of Office.

[Ord. No. 1662 §§1 — 2, 4-28-1999]
The Municipal Judge shall hold this office for a period of two (2) years and shall take office bi-annually from August 1, 1999. If for any reason a Municipal Judge vacates this office, a successor shall complete that term of office, even if the same be for less than two (2) years.

Section 130.050 Vacation of Office.

[Ord. No. 1662 §§1 — 2, 4-28-1999; Ord. No. 2073, 2-13-2008]
A. 
The Municipal Judge shall vacate the office under the following circumstances:
1. 
Upon removal from office by the State Commission on the Retirement, Removal and Discipline of Judges, as provided in Missouri Supreme Court Rule 12,
2. 
Upon attaining his/her seventy-fifth (75th) birthday, or
3. 
If he/she should lose his/her license to practice law within the State of Missouri.
4. 
Mayor and/or Council choose not to reappoint.

Section 130.060 Superintending Authority.

[Ord. No. 1662 §§1 — 2, 4-28-1999]
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.

Section 130.070 Reports.

[Ord. No. 1662 §§1 — 2, 4-28-1999]
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 cases where there was an application for trial de novo, respectively. The same shall be prepared under oath by the Municipal Court Clerk or the Municipal Judge. This report will be filed with the City Clerk, who shall thereafter forward the same to the City Administrator for examination. The Municipal Court shall, within the ten (10) days after the first (1st) of the month, pay to the Municipal Treasury the full amount of all fines collected during the preceding months, if such amounts have not previously been paid.

Section 130.080 Docket and Court Records.

[Ord. No. 1662 §§1 — 2, 4-28-1999]
The Municipal Judge shall be a conservator of the peace. The Judge, with the assistance of a Court Clerk, an employee of the City, shall keep a docket in which is entered every case commenced before him/her and the proceedings therein and shall keep such other records as may be required. Such docket and records shall be records of the Circuit Court of Ray County. The Municipal Judge shall deliver the docket and records of the Municipal Court, and all books and papers pertaining to this office, to any successor in office or to the Presiding Judge of the Circuit.

Section 130.090 Municipal Judge — Powers and Duties Generally.

[Ord. No. 1662 §§1 — 2, 4-28-1999]
A. 
The Municipal Judge shall be and is hereby authorized to:
1. 
Establish a Violations Bureau as provided for in the Missouri Rules of Practice and Procedure in Municipal and Traffic Courts and Section 479.050, RSMo.
2. 
Administer oaths and enforce due obedience to all orders, rules and judgments made by him/her and may fine and imprison for contempt committed before him/her while holding Court in the same manner and to the same extent as a Circuit Judge.
3. 
Commute the term of any sentence, stay execution of any fine or sentence, suspend any fine or sentence, and make such other orders as the Municipal Judge deems necessary relative to any matter that may be pending in the Municipal Court.
4. 
Make and adopt such rules of practice and procedure as are necessary to implement and carry out the provisions of this Chapter, and to make and adopt such rules of practice and procedure as are necessary to hear and decide matters pending before the Municipal Court, and to implement and carry out the provisions of the Missouri Rules of Practice and Procedure in Municipal and Traffic Courts. Any and all rules made or adopted hereunder may be annulled or amended by an ordinance limited to such purpose; provided that such ordinance does not violate, or conflict with, the provisions of the Missouri Rules of Practice and Procedure in Municipal and Traffic Courts, State Statutes, or the local rules of the Eighth Judicial Circuit Court.
5. 
The Municipal Judge shall have such other powers, duties and privileges as are or may be prescribed by the laws of this State, the rules of the Supreme Court, this Code or other ordinances of this City.

Section 130.100 Violations Bureau.

[Ord. No. 1662 §§1 — 2, 4-28-1999]
Should the Municipal Judge determine that there shall be a Violations Bureau, the City shall provide all expenses incident to the operation of the same. The Clerk of the Municipal Court is hereby designated as the Violations Clerk for said Bureau, if established.

Section 130.110 Issuance and Execution of Warrants.

[Ord. No. 1662 §§1 — 2, 4-28-1999]
All warrants issued by a Municipal Judge shall be directed to the Chief of Police or any other Police Officer of the City. The warrant shall be executed by the Chief of Police or Police Officer within the City 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.

Section 130.120 Arrests Without Warrants.

[Ord. No. 1662 §§1 — 2, 4-28-1999]
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 the officer's presence, but such officer shall, before the trial, file a written complaint with the Judge hearing violations of municipal ordinances.

Section 130.130 Jury Trials.

[Ord. No. 1662 §§1 — 2, 4-28-1999]
Any person charged with a violation of a municipal ordinance of this City shall be entitled to a trial by a 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.

Section 130.140 City Municipal Court Prosecutor Established.

[Ord. No. 1662 §§1 — 2, 4-28-1999; Ord. No. 2073, 2-13-2008]
It shall be the duty of an attorney designated by the municipality to prosecute the violations of the City's ordinances before the Municipal Judge or before any Circuit Judge hearing violations of the City's ordinances. The salary or fees of the attorney and 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.

Section 130.145 City Municipal Court Prosecutor.

[Ord. No. 2073, 2-13-2008]
A. 
Selection Of Prosecutor. The prosecutor of the City's Municipal Court shall be known as the Richmond Municipal Prosecutor of the Eighth Judicial Circuit Court and shall be selected as follows:
The Municipal Prosecutor shall be appointed to this position by the Mayor with consent of at least two-thirds (⅔) of the elected Council.
B. 
Qualifications. The Municipal Prosecutor shall possess the following qualifications before he/she shall take office:
1. 
He/she must be a licensed attorney, qualified to practice law within the State of Missouri.
2. 
He/she need not reside within the City.
3. 
He/she must be a resident of the State of Missouri.
4. 
He/she must be between the ages of twenty-one (21) and seventy-five (75) years.
5. 
He/she may serve as a Municipal Prosecutor for any other municipality.
6. 
He/she may not hold any other office within the City Government.
7. 
The Municipal Prosecutor shall be considered holding a part-time position and as such may accept other employment.
C. 
Term Of Office. The Municipal Prosecutor shall hold this office for a period of two (2) years and shall take office biannually from August 1, 2008. If for any reason a Municipal Prosecutor vacates this office, a successor shall complete that term of office, even if the same be for less than two (2) years.
D. 
Vacation Of Office. The Municipal Prosecutor shall vacate the office under the following circumstances:
1. 
Mayor and/or Council choose not to reappoint,
2. 
Upon removal from office by the Missouri Supreme Court or its agencies,
3. 
Upon attaining his/her seventy-fifth (75th) birthday, or
4. 
If he/she should lose his/her license to practice law within the State of Missouri.

Section 130.150 Summoning of Witnesses.

[Ord. No. 1662 §§1 — 2, 4-28-1999]
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 the Court on the day set the trial to testify in the case and enter the names of such witnesses on the docket, which oral notice shall be valid as a summons.

Section 130.160 Transfer of Complaint to Associate Circuit Judge.

[Ord. No. 1662 §§1 — 2, 4-28-1999]
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 as Municipal Judge and cause the complaint to be made before some Associate Circuit Judge within the County.

Section 130.170 Jailing of Defendants.

[Ord. No. 1662 §§1 — 2, 4-28-1999; Ord. No. 2398 §II, 9-13-2016]
A. 
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 or other appropriate detention facility, and it shall be the duty of the Sheriff, if space for the prisoner is available in the County Jail or other appropriate detention facility, upon receipt of a warrant of commitment from the Judge, to receive and safely keep such prisoner until discharged by due process of law. The municipality shall pay the board of such prisoner at the same rate as may now or hereafter be allowed to such Sheriff for the keeping of such prisoner in his/her custody. The same shall be taxed to the defendant as costs.
B. 
The Municipal Judge may not sentence a defendant to confinement for failure to pay a fine for a minor traffic violation or municipal ordinance violation, as defined in Sections 100.100(D)(1) and 100.100(E)(1) of this Code and Section 479.350, RSMo., unless such non-payment violates terms or probation or unless the due process procedures mandated by Missouri Supreme Court Rule 37.65 or its successor rule are strictly followed by the Municipal Judge.

Section 130.180 Parole and Probation.

A. 
Any Judge hearing violations of municipal ordinances may, when in his/her judgment it may seem advisable, grant a parole or probation to any person who shall plead guilty or who shall be convicted after a trial before such Judge. When a person is placed on probation he/she shall be given an order explicitly stating the conditions on which he/she is being released.
B. 
In addition to such other authority as exists to order conditions of probation, the Court may order conditions which the Court believes will serve to compensate the victim of the crime, any dependent of the victim, or society in general. Such conditions may include, but need not be limited to:
1. 
Restitution to the victim or any dependent of the victim, in an amount to be determined by the Judge; and
2. 
The performance of a designated amount of free work for a public or charitable purpose, or purposes, as determined by the Judge.
C. 
A person may refuse probation conditioned on the performance of free work. If he/she does so, the Court shall decide the extent or duration of sentence or other disposition to be imposed and render judgment accordingly. Any County, City, person, organization, or agency, or employee of a County, City, organization or agency charged with the supervision of such free work or who benefits from its performance shall be immune from any suit by the person placed on parole or probation or any person deriving a cause of action from him/her if such cause of action arises from such supervision of performance, except for intentional torts or gross negligence. The services performed by the probationer or parolee shall not be deemed employment within the meaning of the provisions of Chapter 288, RSMo.
D. 
The Court may modify or enlarge the conditions of probation at any time prior to the expiration or termination of the probation term.

Section 130.190 Right to Trial de Novo.

[Ord. No. 1662 §§1 — 2, 4-28-1999]
The defendant shall have a right to trial de novo 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. Trial de novo shall be 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.

Section 130.200 Trial by Jury.

[Ord. No. 1662 §§1 — 2, 4-28-1999]
In all cases in which a jury trial has been demanded, the Municipal Judge shall certify the case to the Presiding Judge of the Circuit for assignment.

Section 130.210 Breach of Recognizance.

[Ord. No. 1662 §§1 — 2, 4-28-1999]
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 Judge shall cause the same to be prosecuted against the principal and surety, or either of them, in the name of the municipality as plaintiff. All monies recovered in such actions shall be paid over to the municipal Treasury to the General Revenue Fund of the municipality.

Section 130.220 Disqualification of Municipal Judge From Hearing Particular Case.

[Ord. No. 1662 §§1 — 2, 4-28-1999]
A Municipal Judge shall be disqualified to hear any case in which he/she is in anywise interested or, if before the trial is commenced, the defendant or the municipality, as the case may be, cannot have a fair and impartial trial by reason of the interest or prejudice of the Judge. Neither the defendant nor the municipality shall be entitled to file more than one (1) affidavit of disqualification in the same case except for cause.

Section 130.230 Temporary Municipal Judge.

[Ord. No. 1662 §§1 — 2, 4-28-1999]
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, or the Mayor may request the Presiding Judge of the Circuit to appoint a special Municipal Judge, as provided by State law.

Section 130.240 Clerk of Municipal Court.

[Ord. No. 1662 §§1 — 2, 4-28-1999]
A. 
The City Administrator shall designate a person as the Clerk of the Municipal Court. The duties of said Clerk shall be as follows:
1. 
To collect such fines for violations of such offenses as may be described and the Court costs thereof.
2. 
To take oaths and affirmations.
3. 
To accept signed complaints and allow the same to be signed and sworn to or affirmed before him/her.
4. 
Sign and issue subpoenas requiring the attendance of witnesses and sign and issue subpoenas duces tecum.
5. 
Accept the appearance, waiver of trial and plea of guilty and payment of fine and costs in Violations Bureau cases or as directed by the Municipal Judge; generally acting as Violations Clerk of the Violations Bureau.
6. 
Perform all other duties as provided for by ordinance, by rules of Practice and Procedure adopted by the Municipal Judge and by the Missouri Rules of Practice and Procedure in Municipal and Traffic Courts and by Statute.
7. 
Maintain, properly certified by the City Clerk, a complete copy of the ordinances of the City 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.

Section 130.250 Court Costs.

[Ord. No. 1662 §§1 — 2, 4-28-1999; Ord. No. 1680 §1, 10-13-1999; Ord. No. 1802 §I, 9-26-2001]
A. 
In addition to any fine that may be imposed by the Municipal Judge, there shall be assessed as costs in all cases the following:
1. 
Costs of Court in the amount of twelve dollars ($12.00).
2. 
In all cases except those for non-moving designated violations, costs for training of Police Officers in the amount of three dollars ($3.00).
3. 
Domestic violence shelter fund surcharge in the amount of two dollars ($2.00).
4. 
Crime victims' compensation surcharge in the amount of seven dollars fifty cents ($7.50).
5. 
Recoupment of arrest costs for violations of municipal ordinances involving drug or alcohol offenses, pursuant to Section 577.048, RSMo.
6. 
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.
7. 
Actual costs assessed against the City by the detention facility for apprehension or confinement in the County Jail.
8. 
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 to commitment or order of this Court.
9. 
Any person convicted of an intoxication-related offense, as defined by Section 577.023, RSMo., shall have a judgement entered against the defendant in favor of the Spinal Cord Injury Fund in the amount of twenty-five dollars ($25.00) which shall be paid to the State Treasury in accordance with Sections 488.010 to 488.020, RSMo.

Section 130.260 Reimbursement of Cost for Alcohol and Drug-Related Offenses.

[CC 1974 §15-9.1; Ord. No. 1474 §2, 8-26-1992]
A. 
Upon a plea of guilty, finding of guilt or conviction for violation of the provisions of Sections 342.020 and 342.030 (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.
B. 
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.
C. 
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.
D. 
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 City Collector.
E. 
The City Collector shall retain these fees in a separate fund known as the "DWI/Drug Enforcement Fund". Monies within the DWI/Drug Enforcement Fund shall be appropriated by the City Council to law enforcement authorities from such fund in amounts equal to those costs so incurred and shall be specifically used to enhance and support the enforcement and prosecution of alcohol- and drug-related traffic laws within the City.

Section 130.270 Installment Payment of Fine.

[Ord. No. 1662 §§1 — 2, 4-28-1999]
When a fine is assessed for violating an ordinance, it shall be within the discretion of the Municipal Judge assessing the fine to provide for the payment of a fine on an installment basis under such terms and conditions as the Municipal Judge may deem appropriate.

Section 130.280 Conflict Between Ordinance and Statutes or Rules.

[Ord. No. 1662 §§1 — 2, 4-28-1999]
In the event of a conflict between this Chapter and the laws of this State or the rules of the Supreme Court of Missouri, as now existing or hereinafter amended, then the laws of this State or the rules of the Supreme Court shall control, and the remainder of this Chapter shall remain in full force and effect.