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.
[CC 1996 §135.080; CC 1977 §72.080; Ord. No. 594 §72.080, 10-9-1978]
The Municipal Judge shall cause to be prepared within the first 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 Board of Aldermen of the City for examination at its first (1st) session thereafter. The Municipal Court shall, within the ten (10) days after the first (1st) of the month, pay to the Municipal Treasurer the full amount of all fines collected during the preceding months, if they have not previously been paid.
[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.
[Ord. No. 1461 §§I — IV, 2-28-2005; Ord. No. 1506 §I, 1-23-2006]
There shall be an Associate Municipal Judge to hear and decide cases in the City of Bowling Green Municipal Division of the Circuit Court. An Associate Municipal Judge shall act as Municipal Judge when the Municipal Judge is absent, disabled or disqualified. The Associate Municipal Judges shall also hear and decide cases assigned by the Municipal Judge.
The Associate Municipal Judge shall be licensed to practice law in Missouri for at least three (3) years prior to appointment and shall a be resident of Missouri.
The City Board of Aldermen shall appoint the Associate Municipal Judge, by resolution, to a term of no more than four (4) years. The resolution appointing the Associate Municipal Judge shall specify the length of the Judge's term of office. The City Board of Aldermen, by resolution, may remove any Associate Municipal Judge from office.
Compensation for the Associate Municipal Judge shall be determined by agreement between the City Board of Aldermen and the Associate Municipal Judge.
[CC 1996 §135.110; CC 1977 §72.110; Ord. No. 594 §72.110, 10-9-1978]
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 City Treasurer is hereby designated as the Violations Clerk for said Bureau, if established.
[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 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 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.
If a Municipal Judge be absent, sick or disqualified from acting pursuant to the general administrative authority of the Presiding Judge of the Circuit Court over the Municipal Divisions within the circuit contained in Section 478.240, RSMo., a special Municipal Judge may be designated in accordance with the provisions of Section 479.230, RSMo., until such absence or disqualification shall cease.
[CC 1996 §135.250; Ord. No. 957 §I, 10-10-1995; Ord. No. 1424 §§I — II, 4-20-2004]
Position Of Municipal Court Clerk. There is hereby created and established the position of Municipal Court Clerk of the Bowling Green Municipal Division of the Circuit Court of Pike County, Missouri.
Appointment. A qualified person shall be hired by the City Administrator with the advice and consent of the Board of Aldermen to serve as the Municipal Court Clerk.
Qualifications. The person hired for the position of Municipal Court Clerk shall have graduated from high school (or received an equivalent GED) including two (2) years of general clerical experience.
Compensation. The Municipal Court Clerk's compensation shall be as set by the Board of Aldermen and in no case shall be entitled to receive any commissions, court fees or percentages of any collections.
The Court Clerk shall prepare the processing of all case files within the Municipal Court. The Court Clerk shall receive files forwarded by Police Department with each file duplicated (one (1) for officer and another for the Court), case number assigned to each file, then labeled with each file receiving an individual docket sheet.
Files shall be forwarded back to the Police Department with ticket enclosed for signoff by the Prosecuting Attorney and to be returned to the Court Clerk to begin court docket. Each ticket shall be placed in the appropriate file with the Court docket updated and forwarded back to the Police Department in order for Court to begin.
The Court Clerk shall update the Court docket of all dispositions with copies forwarded to the Police Department and City Hall. All tickets shall be pulled from completed cases and forwarded to the State of Missouri with the following: Court name; case number; filed date; Court date; disposition; fine; and Municipal Judge/Clerk name.
The Court Clerk shall collect all fines and Court costs and into a ledger. The Court Clerk and Municipal Judge shall sign all checks. The Court Clerk shall forward signed checks to the appropriate locations. (Ex. City Treasurer, Post, Department of Revenue, Reimbursement of Bond)
The Court Clerk shall accept signed complaints and allow the same to be signed and sworn to or affirmed before him/her.
The Court Clerk shall sign and issue subpoenas requiring the attendance of witnesses and sign and issue subpoenas duces tecum.
The Court Clerk shall accept the appearance, waiver of trial and pleas of guilty and payment of fine and costs in Violations Bureau cases or as directed by the Municipal Judge; generally act as Clerk of the Violations Bureau.
The Court Clerk shall purchase office equipment and supplies in accordance with City policy and manage and dispose of Court records.
The Court Clerk shall 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.
The Court Clerk shall 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 ordinances before the Court. Further, to maintain a similar certified copy on file with the Clerk serving the Circuit Court of this County.
[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).
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]
[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.
[CC 1996 §135.280; CC 1977 §72.280; Ord. No. 594 §72.280, 10-9-1978]
When a fine is assessed for violating an ordinance, it should 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 1996 §135.290; CC 1977 §72.300; Ord. No. 1022 §§1 — 2, 9-8-1997]
The Municipal Judge shall receive a salary as set by the Board of Aldermen by ordinance from time to time.
[Ord. No. 1458 §I, 1-24-2005; Ord. No. 1504 §I, 1-23-2006]
Any judge hearing violations of municipal ordinances may, when in his/her judgment as may seem advisable, sentence any person who has plead guilty or who shall be convicted after a trial before such judge to perform community service at any public or charitable organization within a specified amount of time as an alternative for sentencing that person to a fine or jail time.
The community service program shall be operated in cooperation between the Bowling Green court and the City prosecutor's office. A list of qualified public and charitable organizations shall be delivered and made available to any person required to perform community service under this Section.
Any County, City, person, organization or agency or employee of a County, City, organization or agency charged with the supervision of such community service or who benefits from its performance shall be immune from any suit by the person performing community service or any person deriving a cause of action from him/her if such cause of action arises from the supervision of performance, except for intentional torts or gross negligence. The services performed by any person pursuant to a sentence of community service shall not be deemed employment within the meaning of the provisions of Chapter 288, RSMo.
As part of the community service program, the Bowling Green court and prosecutor may enter into an agreement with the State of Missouri to participate in the Adopt-A-Highway Program within the City limits of Bowling Green. The City Police shall provide one (1) officer to supervise participants two (2) days per month for up to four (4) hours each day.
All individuals sentenced to perform community service under this Section pursuant to a plea of guilty or who shall be convicted after a trial before the Municipal Judge shall be assessed a ten dollar ($10.00) administrative fee to be used exclusively to offset the costs of the Bowling Green community service program.