There is hereby established in the City of Oak Grove a Municipal
Court to be known as the "Oak Grove Municipal Court, a Division of
the 16th Judicial Circuit Court of the State of Missouri". In the
event a Police Court existed prior to the establishment of a Municipal
Court, this Court is a continuation of the Police Court of the City
as previously established and is termed herein "the Municipal Court".
The jurisdiction of the Municipal Court shall extend to all
cases involving alleged violations of the ordinances of the City.
The Judge of the City's Municipal Court shall be known as a
Municipal Judge of the 16th Judicial Circuit Court and shall be selected
by appointment to the position by the Mayor with approval of a majority
of the members of the Board of Aldermen for a term as specified herein.
At the second (2nd) meeting in April of 2004 and every two (2)
years thereafter, the Mayor, with the consent of the Board of Aldermen,
shall appoint some suitable person as Municipal Judge. If for any
reason a Municipal Judge vacates his/her office, his/her successor
shall complete that term of office, even if the same be for less than
two (2) years.
A.
The
Municipal Judge shall vacate his/her office under the following conditions:
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.
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.
The Municipal Judge shall cause the Court Clerk to prepare,
within the first (1st) ten (10) days of every month, a report indicating
the following:
A list of all cases heard or tried before the Judge during the
preceding month, giving in each case the name of the defendant, the
fine imposed if any, the amount of costs, the names of defendants
committed, and the cases in which there was an application for trial
de novo, respectively. The Court Clerk or the Judge shall verify such
lists and statements by affidavit and shall file the same with the
City Clerk, who shall lay the same before 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 month, if not previously paid
to the Municipal Treasurer.
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 Jackson County. The Municipal Judge
shall deliver said docket, records and all books and papers pertaining
to his/her office to his/her successor in office or to the Presiding
Judge of the Circuit.
[Ord. No. 1712 §1, 7-5-2011]
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.
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.
5.
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.
6.
The Municipal Judge shall have the power to issue search warrants
and administrative search warrants in accordance with this Code, and
perform other necessary functions related thereto.
The Municipal Judge for the City of Oak Grove shall be paid
a sum as fixed by ordinance from time to time.
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 Court Clerk is hereby designated as the Violations
Clerk for said Bureau, if established, and may appoint or designate
such persons as are necessary to conduct said office.
[Ord. No. 1712 §2, 7-5-2011]
A.
The Municipal Judge shall issue administrative warrants in accordance with following Section 130.135 of this Code.
B.
The
Municipal Judge shall issue all other warrants by directing such warrants
to the Chief of Police or any other Police Officer of the municipality
or to the Sheriff of the County. Such warrants shall be executed by
the Marshal, Chief of Police, Police Officer, or Sheriff at 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.
[Ord. No. 1712 §3, 7-5-2011]
A.
Scope And Application Of Administrative Warrant. Upon application
to the Municipal Court and a showing of probable cause, the Court
may approve the issuance of an administrative warrant allowing entry
onto private property in order to inspect and/or enforce the City's
housing, zoning, building, health, safety, nuisance, dangerous building,
and fire codes in order to abate unlawful conditions.
B.
Application For Administrative Warrant. Any individual responsible
for enforcement of the Code may, with the consent of the City Administrator,
apply to the Court for permission to enter said property in order
to inspect and/or enforce the City's housing, zoning, health, safety,
nuisance, dangerous building, and fire codes, and to abate conditions
that are in violation of such codes. Such person is referred to herein
as "the applicant".
C.
The
administrative warrant application shall:
1.
Be in writing and filed with the Municipal Court.
2.
State the time and date of making the application.
3.
Identify the property or place to be entered, searched, inspected,
or seized so that it is of sufficient detail and particularity that
the Court and any officer executing the administrative warrant could
readily ascertain it. The request shall include that said property
is within the City limits.
4.
State specifically what Sections of the City's housing, zoning, building,
health, safety, nuisance, dangerous building, and fire codes are believed
to be violated by the property in question and are sought to be enforced.
5.
Include copies of the ordinance(s) in question.
6.
Include a statement of facts sufficient to show probable cause to
justify issuance of the requested administrative warrant. Such statement
may include any actual or suspected property conditions that justify
entry, the passage of time since the property was last inspected (or
if such fact is unknown, the same will be stated), the nature of the
structure to be inspected, and/or the general conditions of the surrounding
area.
7.
Include the date and time that entry into said property was refused.
8.
State specifically the time and date requested for entry; which shall
be during daylight hours.
9.
Be verified by oath or affirmation of the applicant, and be signed
by the applicant and the City Administrator. Such application may
be submitted by facsimile or other electronic means.
10.
Such application may be supplemented by written affidavit.
D.
Issuance Of Administrative Warrant — Hearing And Procedure.
1.
The Municipal Judge shall hold a non-adversary hearing to determine whether the administrative warrant application requirements of Subsection (C) have been satisfied and whether probable cause exists to enter onto the subject property to inspect, search for, and/or abate violations of any housing, zoning, building, health, safety, nuisance, dangerous building, and fire codes, or to enforce any such ordinance or code.
2.
In doing so, the Municipal Judge shall determine whether the action
to be taken by the officer 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, the known violation of any
relevant ordinances or Code Sections, and the passage of time since
the property's last inspection. The standard for issuing an administrative
warrant need not be limited to actual knowledge of an existing violation
of an ordinance or Code Section.
3.
If it appears from the application and any supporting affidavit that
there is probable cause to inspect, search for, and/or abate violations
of any relevant ordinance or Code Section, or to enforce any such
ordinance or Code Section, an administrative warrant shall immediately
be issued.
4.
The administrative warrant shall issue in the form of an original
and two (2) copies. The application, any supporting affidavit, and
one (1) copy of the administrative search warrant (as issued) shall
be retained in the Municipal Court records.
E.
Contents Of The Administrative Warrant. The administrative
warrant shall:
1.
Be in writing and in the name of the City.
2.
Be directed to the applicant.
3.
State the time and date that the administrative warrant was issued.
4.
Identify the location or property in sufficient detail and particularity
that the person executing the administrative warrant can readily ascertain
it.
5.
Command that the described property or places be searched, entered
upon, and/or abated.
6.
Reference the code Section sought to be enforced. The administrative
warrant shall include a return for the applicant to return to the
Court after the completion of the entry.
7.
Specify the service conditions of the administrative warrant, including
that service to take place during daylight hours and within ten (10)
days of application.
8.
Be signed by the Municipal Judge, with his/her office title indicated.
F.
Execution And Return.
1.
The administrative warrant shall be executed by the applicant, who
may be accompanied by City Police Officer(s), upon the property in
question as soon as practicable and in the most reasonable and practicable
manner possible.
2.
A copy of the administrative warrant shall be provided to the owner
or occupant of the property entered, and, if no owner or occupant
can be reached, the warrant shall be conspicuously placed upon the
property in lieu of personal service.
3.
The City may summon such persons as it deems necessary to assist
in executing the administrative warrant.
4.
The administrative warrant shall expire if not acted upon within
ten (10) days of its application.
G.
After
execution, a return signed by the applicant shall be delivered to
the Municipal Court and shall include the following:
1.
The time and place of execution, including upon whom service was
made.
2.
A report of the search and any seizure accompanying the administrative
warrant.
3.
The return shall be made soon after the administrative warrant execution.
4.
The Court shall provide, upon written request made in person, a copy
of the return to the owner of the property entered or seized.
H.
Conflicts. The provisions of this Section shall prevail
over any conflicts between it and any International Code Council regulations
adopted by the City.
The Chief of Police or other Police Officer of the City may,
without a warrant, make arrest of any person who commits an offense
in his/her presence, but such officer shall, before the trial, file
a written complaint with the Judge hearing violations of municipal
ordinances.
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 Court Judge. Whenever
a defendant accused of a violation of a municipal ordinance has a
right to and demands such trial by jury, the Municipal Court shall
certify the case to the Presiding Judge of the Circuit Court for reassignment.
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
number of cases tried, the number of guilty verdicts reached, or the
amount of fines imposed or collected.
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 Court 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.
If, in the progress of any trial before the Municipal Judge,
it shall appear to the Judge that the accused ought to be put upon
trial for an offense against the criminal laws of the State and not
cognizable before him/her as Municipal Judge, he/she shall immediately
stop all further proceedings before him/her as Municipal Judge and
cause the complaint to be made before some Associate Circuit Court
Judge of the County.
[Ord. No. 1855, 9-6-2016]
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, 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 by law to such Sheriff for the keeping of other
prisoners in his/her custody. The same shall be taxed as cost.
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 violations, as defined in Section 100.220(D)(1) and 100.220(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.
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 a certificate 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:
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.
In any case tried before the Municipal Judge, except where there
has been a plea of guilty or where the case has been tried with a
jury, the defendant shall have a right of trial de novo before a Circuit
Court Judge or upon assignment before an Associate Circuit Court 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 of the proceedings shall be made, and appeals may be had
upon that record to the appropriate Appellate Court.
In the case of a breach of any recognizance entered into before
a Municipal Judge or an Associate Circuit Court 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 Court
Judge or Associate Circuit Court 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 municipal Treasury
to the General Revenue Fund of the municipality.
A Municipal Judge shall be disqualified to hear any case in
which he/she is in any way 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.
A.
If a Municipal Judge be absent, sick or disqualified from acting, the Mayor of the Board of Aldermen may request the Presiding Judge of the Circuit Court to designate a special Municipal Judge as provided in Subsection (B) of this Section or the Mayor may designate some competent, eligible person to act as Municipal Judge until such absence or disqualification shall cease; provided however, that should a vacancy occur in the office of an elected Municipal Judge more than six (6) months before a general municipal election, then a special election shall be held to fill such vacancy; and in case of vacancy in the office of an elected Municipal Judge within less than six (6) months of a general municipal election, the office may be filled by a competent, eligible person designated by the Mayor of the Board of Aldermen or as provided in Subsection (B) of this Section.
B.
The
Presiding Judge of the Circuit Court may appoint any other Municipal
Judge within the Circuit to act as a special Municipal Judge for a
Municipal Judge of the Circuit who is absent, sick or disqualified
from acting. The Presiding Judge shall act only upon request of the
Mayor of the Board of Aldermen for a special Municipal Judge.
C.
The
Governing Body of the municipality shall provide by ordinance for
the compensation of any person designated to act as Municipal Judge
under the provisions of this Section.
A.
A person
commits the offense of failure to appear in Municipal Court if:
1.
He/she has been issued a summons for a violation of any ordinance
of the City of Oak Grove and fails to appear before the Judge of the
Municipal Court at the time and on the date on which he/she was summoned,
or at the time or on the date to which the case was continued;
2.
He/she has been released upon recognition of bond and fails to appear
before the Judge of the Municipal Court at the time and on the date
on which he/she was summoned, or at the time or on the date to which
the case was continued;
3.
He/she has been placed on Court supervised probation and fails to
appear before the Judge of the Municipal Court at the time specified
by said Judge as a condition of the probation.
B.
Nothing
in this Section shall prevent the exercise of the Municipal Court
of its power to punish for contempt.
