Section 135.170 Parole or Probation, When Granted — Certificate — Conditions of Probation — Modification of Conditions.
[CC 1996 §135.010; CC 1977 §72.010; Ord. No. 594 §72.010, 10-9-1978]
There is hereby established in this City a Municipal Court to be known as the "Bowling Green Court, a Division of the 11th Judicial Circuit Court for the State of Missouri". This Court is a continuation of the Police Court of the City as previously established and is termed herein "the Municipal Court".
[CC 1996 §135.020; CC 1977 §72.020; Ord. No. 594 §72.020, 10-9-1978]
The jurisdiction of the Municipal Court shall extend to all cases involving alleged violations of the ordinances of the City.
[CC 1996 §135.030; CC 1977 §72.030; Ord. No. 594 §72.030, 10-9-1978; Ord. No. 1100 §I, 5-10-1999; Ord. No. 1355 §I(2), 6-16-2003]
The City of Bowling Green, Missouri, hereby elects to have all violations of its municipal ordinances heard and determined by the Associate Circuit Judge of Pike County, Missouri, pursuant to Section 479.040, RSMo. The City shall request the Presiding Judge to enter an order allowing the Associate Circuit Judge of Pike County to commence hearing such violations immediately upon passage of this ordinance, dated June 16, 2003.
[CC 1996 §135.070; CC 1977 §72.070; Ord. No. 594 §72.070, 10-9-1978]
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.
Editor’s Note: Former Section 135.050, Report to Board of Aldermen, was superseded at the direction of the City with the passage of Ord. No. 1839, 4-17-2017.
[CC 1996 §135.090; CC 1977 §72.090; Ord. No. 594 §72.090, 10-9-1978]
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 Pike 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 1996 §135.100; CC 1977 §72.100; Ord. No. 594 §72.100, 10-9-1978; Ord. No. 854 §1, 6-8-1992]
The Municipal Judge shall be and is hereby authorized to:
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.
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, suspend the imposition of 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.
Editor’s Note: Former Section 135.080, Associate Municipal Judge, and Section 135.090, Violations Bureau, were superseded at the direction of the City with the passage of Ord. No. 1839, 4-17-2017.
[CC 1996 §135.120; CC 1977 §72.120; Ord. No. 594 §72.120, 10-9-1978]
All warrants issued by a Municipal Judge shall be directed to the City Marshal, 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 1996 §135.130; CC 1977 §72.130; Ord. No. 594 §72.130, 10-9-1978]
The City Marshal, 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 1996 §135.140; CC 1977 §72.140; Ord. No. 594 §72.140, 10-9-1978]
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 1996 §135.150; CC 1977 §72.150; Ord. No. 594 §72.150, 10-9-1978]
It shall be the duty of the City Attorney 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 for such attorney shall not be contingent upon the result in any case.
[CC 1996 §135.160; CC 1977 §72.160; Ord. No. 594 §72.160, 10-9-1978]
It shall be the duty of the Municipal Judge to summon all persons whose testimony may be deemed essential as witnesses at the trial and to enforce their attendance by attachment, if necessary. The fees of witnesses shall be the same as those fixed for witnesses in trials before Associate Circuit Judges and shall be taxed as other costs in the case. When a trial shall be continued by a Municipal Judge, it shall not be necessary to summon any witnesses who may be present at the continuance; but the Municipal Judge shall orally notify such witnesses as either party may require to attend before him/her on the day set for trial to testify in the case and enter the names of such witnesses on his/her docket, which oral notice shall be valid as a summons.
[CC 1996 §135.170; CC 1977 §72.170; Ord. No. 594 §72.170, 10-9-1978]
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 a Municipal Judge and cause the complaint to be made before some Associate Circuit Judge within the County.
[CC 1996 §135.180; CC 1977 §72.180; Ord. No. 594 §72.180, 10-9-1978]
If, in the opinion of the Municipal Judge, the City has no suitable and safe place of confinement, the Municipal Judge may commit the defendant to the County Jail and it shall be the duty of the Sheriff, if space for the prisoner is available in the County Jail, upon receipt of a warrant of commitment from the Judge to receive and safely keep such prisoner until discharged by due process of law. The municipality shall pay the board of such prisoner at the same rate as may now or hereafter be allowed to such Sheriff for the keeping of such prisoner in his/her custody. The same shall be taxed as cost.
Section 135.170 Parole or Probation, When Granted — Certificate — Conditions of Probation — Modification of Conditions.
[CC 1996 §135.190]
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:
Restitution to the victim or any dependent of the victim in an amount to be determined by the Judge; and
The performance of a designated amount of free work for a public or charitable purpose or purposes as determined by the Judge.
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 1996 §135.200]
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 judgment 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.
The Supreme Court may provide by rule what record shall be kept and may provide that it be a stenographic record or one made by the utilization of electronic, magnetic or mechanical sound or video recording devices.
[CC 1996 §135.210; CC 1977 §72.210; Ord. No. 594 §72.210, 10-9-1978]
In all cases in which a jury trial has been demanded, a record of the proceedings shall be made and appeals may be had upon that record to the appropriate Appellate Court.
[CC 1996 §135.220; CC 1977 §72.220; Ord. No. 594 §72.220, 10-9-1978]
In the case of a breach of any recognizance entered into before a Municipal Judge or an Associate Circuit Judge hearing a municipal ordinance violation case, the same shall be deemed forfeited and the Judge shall cause the same to be prosecuted against the principal and surety, or either of them, in the name of the municipality as plaintiff. Such action shall be prosecuted before a Circuit Judge or Associate Circuit Judge and in the event of cases caused to be prosecuted by a Municipal Judge, such shall be on the transcript of the proceedings before the Municipal Judge. All monies recovered in such actions shall be paid over to the Municipal Treasury to the General Revenue Fund of the municipality.
[CC 1996 §135.230; CC 1977 §72.230; Ord. No. 594 §72.230, 10-9-1978]
A Municipal Judge shall be disqualified to hear any case in which he/she is in anywise interested or, if before the trial is commenced, the defendant or the prosecutor files an affidavit that the defendant or the municipality, as the case may be, cannot have a fair and impartial trial by reason of the interest or prejudice of the Judge. Neither the defendant nor the municipality shall be entitled to file more than one (1) affidavit or disqualification in the same case.
Editor’s Note: Former Section 135.220, Absence of Judge -- Procedure, and Section 135.230, Clerk of the Municipal Court, were superseded at the direction of the City with the passage of Ord. No. 1839, 4-17-2017.
[CC 1996 §135.260; CC 1977 §72.260; Ord. No. 762 §I(72.260), 8-8-1988; Ord. No. 887 §I, 11-8-1993; Ord. No. 974 §I, 4-8-1996; Ord. No. 1142 §I, 4-10-2000; Ord. No. 1275 §I, 3-18-2002; Ord. No. 1276 §I, 3-18-2002; Ord. No. 1326 §I, 10-21-2002; Ord. No. 1443 §I, 9-20-2004]
In addition to any fine or sentence that may be imposed by the Municipal Judge, there shall be assessed as costs in all cases the following:
Costs of Court in the amount of fifteen dollars ($15.00). However, when there is an application for a trial de novo, there shall be an additional fee of thirty dollars ($30.00).
[Ord. No. 1839 § II, 4-17-2017]
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 Subparagraph (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 Subparagraph shall be paid at least monthly as follows:
Alcohol- and drug-related traffic offenses. In addition to any other penalties and costs provided by law or ordinance, the Court may order any person convicted of an alcohol- or drug-related traffic offense or amended alcohol- or drug-related traffic offense to reimburse the City for the costs associated with the arrest of such person. Such costs shall include the reasonable cost of making the arrest, including the cost of any chemical test made 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. A schedule of such costs shall be established by the Bowling Green Police Department and filed with the Clerk of the Municipal Court and the Court may impose costs in accordance with the schedule; provided, the Court may order the costs reduced in a case if the Court determines the costs are excessive.
Other costs, such as service costs, witness fees, jail costs, fees for the issuance of a warrant, commitment or summons, in addition to the foregoing cost of Court.
Actual costs assessed against the City by any County Sheriff or State Peace Officer for apprehension or confinement in the County Jail.
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, summons or commitment or order of this Court.
In addition to any other Court costs provided for herein, the Bowling Green Municipal Division of the Pike County Circuit Court may impose an additional cost of four dollars ($4.00) in every case of a Municipal ordinance violation, which sum shall be collected and disbursed by the City for the purpose of providing for the operating expenses of a shelter for victims of domestic violence established pursuant to Sections 455.200 through 455.230, RSMo. Such costs shall be disbursed by the City monthly to an appropriate and qualified shelter.
[Ord. No. 1775 §§I — II, 12-15-2014]
In addition to any fine or sentence imposed or court costs assessed pursuant to ordinance, an additional three dollars ($3.00) in court costs shall be assessed pursuant to Section 57.955, RSMo., 2000, for the Sheriff's Retirement Fund.
[Ord. No. 1735 §I, 8-19-2013]
The City authorizes and approves the court automation fee of seven dollars ($7.00) effective June 1, 2017.
[Ord. No. 1839 § III, 4-17-2017]
[CC 1996 § 135.270; CC 1977 § 72.270; Ord. No. 594 § 72.270, 10-9-1978]
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.
Editor’s Note: Former Section 135.260, Installment Payment of Fines, Section 135.270, Municipal Judge – Compensation, and Section 135.280, Community Service Program, were superseded at the direction of the City with the passage of Ord. No. 1839, 4-17-2017.