City of Excelsior Springs, MO
Clay County
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Table of Contents
Table of Contents

Section 125.030 Selection of Judge.

[R.O. 2012 §135.030; Ord. No. 6718 §2, 10-23-1978; Ord. No. 2000-11-1, 11-6-2000]
The Judge of the City's Municipal Court shall be known as a Municipal Judge of the 7th Judicial Circuit Court and shall be selected as follows:
He shall be appointed to his/her position by the City Manager for a term of not less than two (2) years. The Judge shall be subject to the rules of the 7th Judicial Circuit Court which are not inconsistent with the rules of the Supreme Court. The Presiding Judge of the Circuit shall have general administrative authority over the judges and court personnel of the Municipal Court.

Section 125.040 Vacation of Office.

[R.O. 2012 §135.050; Ord. No. 6718 §2, 10-23-1978]
A. 
The Municipal Judge shall vacate his/her 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, or;
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.

Section 125.050 Qualifications for Office.

[R.O. 2012 §135.060]
A. 
The Municipal Judge shall possess the following qualifications before he/she shall take office.
1. 
He must be a licensed attorney, qualified to practice law within the State of Missouri.
2. 
He must be a resident of the State of Missouri.
3. 
He must be between the ages of twenty-one (21) and seventy-five (75) years.
4. 
He may serve as Municipal Judge for any other municipality.
5. 
He may not hold any other office within the City Government.
6. 
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.

Section 125.060 Superintending Authority.

[R.O. 2012 §135.070; Ord. No. 6718 §2, 10-23-1978]
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.

Section 125.070 Report to City Council.

[R.O. 2012 §135.080; Ord. No. 6718 §2, 10-23-1978]
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 Court Judge. This report will be filed with the City Clerk, who shall thereafter forward the same to the City Council 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.

Section 125.080 Docket and Court Records.

[R.O. 2012 §135.090; Ord. No. 6718 §2, 10-23-1978]
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 shall keep such other records as may be required. Such docket and records shall be records of the Circuit Court of Clay County. The Municipal Judge shall leave 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.

Section 125.090 Municipal Judge — Powers and Duties Generally.

[R.O. 2012 §135.100; Ord. No. 6718 §2, 10-23-1978; Ord. No. 2000-1-4 §1, 1-24-2000]
A. 
The Municipal Judge 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 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, or State Statutes.
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.

Section 125.100 Violations Bureau.

[R.O. 2012 §135.110; Ord. No. 6718 §2, 10-23-1978; Ord. No. 2000-1-4 §1, 1-24-2000]
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 Municipal Court Clerk is hereby designated as the Violations Clerk for said Bureau.

Section 125.110 Issuance and Execution of Warrants.

[R.O. 2012 §135.120; Ord. No. 6718 §2, 10-23-1978]
All warrants issued by a Municipal Judge shall be directed to the 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 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.

Section 125.120 Arrest Without Warrants.

[R.O. 2012 §135.130; Ord. No. 6718 §2, 10-23-1978]
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.

Section 125.130 Jury Trials.

[R.O. 2012 §135.140; Ord. No. 6718 §2, 10-23-1978]
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.

Section 125.140 Duties of the City's Prosecuting Attorney.

[R.O. 2012 §135.150; Ord. No. 6718 §2, 10-23-1978]
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 his/her necessary expenses incurred in such prosecution shall be paid by the City. The compensation of such attorney shall not be contingent upon the result in any case.

Section 125.150 Summoning of Witnesses.

[R.O. 2012 §135.160; Ord. No. 6718 §2, 10-23-1978]
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.

Section 125.160 Transfer of Complaint to Associate Circuit Judge.

[R.O. 2012 §135.170; Ord. No. 6718 §2, 10-23-1978]
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 as Municipal Judge and cause the complaint to be made before some Associate Circuit Judge within the County.

Section 125.170 Jailing of Defendants.

[R.O. 2012 §135.180; Ord. No. 6718 §2, 10-23-1978]
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 Clay or Ray County Jail, or to any other public or private correctional facility with which the City maintains a contractual arrangement for the jailing of prisoners, 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 facility for the keeping of municipal prisoners in their custody. The same shall be taxed as costs.

Section 125.180 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 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:
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 125.190 Right of Trial de Novo.

[R.O. 2012 §135.200; Ord. No. 6718 §2, 10-23-1978]
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, the defendant shall have a right of trial de novo, 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 judgement and shall be filed in such form and perfected in such manner as provided by Supreme Court rules.

Section 125.200 Appeal From Jury Verdicts.

[R.O. 2012 §135.210; Ord. No. 6718 §2, 10-23-1978]
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 Appellant Court.

Section 125.210 Breach of Recognizance.

[R.O. 2012 §135.220; Ord. No. 6718 §2, 10-23-1978]
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.

Section 125.220 Disqualification of Municipal Judge From Hearing Particular Case.

[R.O. 2012 §135.230; Ord. No. 6718 §2, 10-23-1978]
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 affidavit or disqualification in the same case.

Section 125.230 Temporary Municipal Judge.

[R.O. 2012 §135.240]
If a Municipal Judge be absent, sick or disqualified from acting, the City Manager may request that the Presiding Judge of the Circuit designate some competent, eligible person to act as Municipal Judge until such absence or disqualification shall cease. Should such absence or disqualification become permanent, the office may be filled by a competent, eligible person designated by the City Manager.

Section 125.240 Clerk of Municipal Court.

[R.O. 2012 §135.250; Ord. No. 6718 §2, 10-23-1978; Ord. No. 2000-1-4 §1, 1-24-2000]
A. 
The City Manager shall designate a suitable person as the Clerk of the Municipal Court. The duties of said clerk shall be as follows:
1. 
To act for the Chief of Police in the collection of fines and Court costs.
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 act 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 125.250 Court Costs.

[R.O. 2012 §135.260; Ord. No. 6718 §2, 10-23-1978; Ord. No. 93-12-4 §135.260, 12-6-1993; Ord. No. 95-1-13 §135.260, 1-17-1995; Ord. No. 99-12-8, 12-20-1999; Ord. No. 02-2-6, 2-19-2002; Ord. No. 06-4-5, 4-17-2006; Ord. No. 12-02-01, 2-6-2012; Ord. No. 13-08-03, 8-5-2013; Ord. No. 15-03-05, 3-16-2015]
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 for the Court shall be twelve dollars ($12.00) per case plus two dollars ($2.00) shall be assessed for the training of Peace Officers, as an additional Court cost for violations of any and all ordinances of the City, including non-moving traffic violations, provided that no such fee shall be collected when the proceeding has been dismissed or when costs are paid by the municipality. This fee shall be transmitted monthly to the Finance Director of the City. An additional one dollar ($1.00) shall be assessed for training of Peace Officers, as an additional Court Cost for violations of any and all ordinances of the City, including non-moving traffic violations, provided that no such fee shall be collected when the proceeding has been dismissed or when costs are paid by the municipality. This fee shall be deposited with the Treasurer of the State in the Peace Officer Standards and Training Commission Fund, to be used statewide for the training of Peace Officers.
2. 
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.
3. 
Actual costs assessed against the City by the County Sheriff in criminal prosecutions.
4. 
Actual costs assessed against the City for the defendant's apprehension or confinement in any jail facility.
5. 
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 or commitment or order of this Court.
6. 
There is established in the State Treasury the Crime Victims' Compensation Fund. A Court cost in the amount of seven dollars fifty cents ($7.50) shall be assessed as costs in all municipal ordinance violations as outlined in Section 595.045, RSMo.
7. 
An additional Court cost in the amount of two dollars ($2.00) per case for each case filed in Municipal Court. This cost shall be collected according to Section 479.261, RSMo., by the Court Clerk and distributed to the City Treasurer at least monthly. Monies collected from such additional Court cost will be used for the purpose of providing operating expenses for the below-named shelter for battered persons as defined in Sections 455.200 to 455.230, RSMo. to wit Safe Haven. The City Treasurer shall at least quarterly distribute the proceeds to the shelter.
8. 
A surcharge of two dollars ($2.00) shall be assessed as costs in each case filed in Municipal Court. This cost shall be collected according to Section 488.5026, RSMo., by the Court Clerk and distributed to the City Treasurer at least monthly and deposited in the Inmate Security Fund account. Monies collected from such additional Court costs will be used for the purpose of maintaining the City's biometric verification system and any other expenses related to the custody and housing of prisoners.
9. 
A surcharge of three dollars ($3.00) for the Missouri Sheriffs' Retirement Fund shall be assessed as costs in each case filed in Municipal Court, provided that no such fee shall be collected when the proceeding has been dismissed or when the costs are paid by the municipality. This cost shall be collected according to Sections 488.010 to 488.020, RSMo., by the Court Clerk and distributed to the City Treasurer at least monthly. Such funds shall be payable to the Sheriffs' Retirement Fund.
10. 
A surcharge of one dollar ($1.00) for the Judicial Education Fund shall be assessed as costs in each case filed in Municipal Court, provided that no such fee shall be collected when the proceeding has been dismissed or when the costs are paid by the municipality. This cost shall be collected according to Sections 488.010 to 488.020, RSMo., by the Court Clerk and distributed to the City Treasurer at least monthly and deposited in the Judicial Education Fund account. Such funds shall be used to pay for continuing education and certification required of Municipal Judges and judicial education and training for the Court Administrator and Clerks of the Municipal Court.

Section 125.260 Reimbursement of Costs for Alcohol and Drug-Related Offenses.

[R.O. 2012 §135.265; Ord. No. 93-12-4 §135.265, 12-6-1993]
A. 
Upon a plea of guilty, finding of guilty, plea bargain agreement, or conviction for violation of any municipal ordinance regarding alcohol- or drug-related offenses, the court may in addition to imposition of any penalties provided by law, order the person to reimburse the law enforcement authorities for the cost 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 Treasurer.
E. 
The City Treasurer 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 125.270 Costs — Assessed Against Prosecuting Witness.

[R.O. 2012 §135.270; Ord. No. 6718 §2, 10-23-1978]
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.

Section 125.280 Installment Payment of Fine.

[R.O. 2012 §135.280; Ord. No. 6718 §2, 10-23-1978]
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.

Section 125.290 Bonds for Release of Prisoners Shall Be Cash or Check as Herein Provided.

[R.O. 2012 §135.290; Ord. No. 6718 §2, 10-23-1978]
All bonds to be accepted for the release of prisoners shall be cash bonds, or checks, subject to the rules and regulations of the Chief of Police among which cash substitution for the same shall be made on the next ensuing business day, posted with the Municipal Court Judge shall determine and set.

Section 125.300 Failure to Appear in Court.

[R.O. 2012 §135.300; Ord. No. 87-3-2 §1, 3-2-1987]
Any person who wilfully violates his/her promise to appear in Municipal Court, given at the time of the service of a summons or warrant notifying him/her of his/her court appearance date or who shall willfully fail to appear in Municipal Court in response to a summons or warrant that has been served upon him/her, shall be guilty of an ordinance violation regardless of the disposition of the charge upon which he/she was originally arrested.