City of Weldon Spring, MO
St. Charles County
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Table of Contents
Table of Contents
[Ord. No. 01-23 §§1 — 2, 8-23-2001; Ord. No. 02-24 §1, 7-9-2002]
A. 
There is hereby established a Municipal Court of the City of Weldon Spring which shall consist of a Municipal Judge, Court Clerk and such other non-judicial personnel as may be required for the proper functioning of the Municipal Court and the City shall provide a suitable courtroom in which to hold Court.
B. 
The Municipal Court shall be responsible for the regular hearing and determination of municipal ordinance violation cases of the City of Weldon Spring and shall be operated in accordance with the rules of the Supreme Court and the rules of the Circuit Court of the 11th Judicial Circuit. All prosecutions for violations of the City's ordinances shall be instituted by information and may be based upon a complaint. Proceedings shall be in accordance with the Missouri Supreme Court rules governing practice and procedure in Municipal Courts.
[Ord. No. 01-23 §4, 8-23-2001]
The Municipal Court shall be convened at such times as the municipal Prosecutor may direct.
[Ord. No. 01-23 §3, 8-23-2001]
The Mayor, with the consent of the Board of Aldermen, shall appoint a Municipal Judge. The term of the Municipal Judge shall continue from the date of appointment for a term of two (2) years or until his/her employment is terminated by the Board of Aldermen. The Municipal Judge shall be a conservator of the peace. The Judge 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 required. Such docket and records shall be records of the Circuit Court of the 11th Judicial Court.
[Ord. No. 01-21 §2, 8-23-2001; Ord. No. 02-24 §§2 — 4, 7-9-2002]
A. 
The Municipal Judge for the City shall be:
1. 
A part-time position and the person so selected may serve as a Municipal Judge for another municipality, but not any other office within the City.
2. 
Compensation of the Municipal Judge and Court personnel shall be set by ordinance from time to time.
3. 
A licensed attorney, qualified to practice law within the State of Missouri and a resident of this State at the time of his/her selection by the Board of Aldermen. The Municipal Judge need not reside within the City limits.
4. 
A conservator of the peace. The Municipal Judge 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. Each docket and record shall be part of the records of the Circuit Court. The Municipal Judge shall deliver the docket and records of the Municipal Court and all books and papers pertaining to the office to his/her successor in office or to the Presiding Judge of the Circuit Court.
5. 
Administer oaths; enforce due obedience to all orders, rules and judgments by him/her and 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.
6. 
Commute the term of any sentence, stay execution of any fine or sentence, suspend any fine or sentence and make such other orders as necessary or relative to any matter that may be pending in the Municipal Court.
7. 
Make and adopt such rules of practice and procedure as are necessary to implement and carry out the provisions of this Chapter, make and adopt such rules of practice and procedure as are necessary to hear and decide matters pending before the Municipal Court, and implement and carry out the provisions of the rules of practice and procedure for Municipal Courts; any and all rules made or adopted pursuant to this Chapter may be amended by any ordinance limited to such purpose, provided that such ordinance does not violate or conflict with the provisions of the State rules of practice and procedure for Municipal Courts or State Statutes.
8. 
Have such other powers, duties and privileges as are or may be prescribed by State law or ordinances of the City.
9. 
Cause to be prepared within the first (1st) ten (10) days of every month there is a Court session 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 the defendants committed, and the cases in which there was an application for trial de novo, respectively. The same shall be prepared under oath by the Clerk of the Municipal Court or the Municipal Judge. This report will be filed with the City Clerk who shall thereafter forward the same to the Board of Aldermen for examination at its first (1st) session thereafter. The Municipal Court shall, within ten (10) days after the first (1st) of the month, pay to the City Treasurer the full amount of all fines collected during the preceding month.
10. 
Have the authority to find an individual in criminal contempt for failure to appear after summons has been served or for failure to satisfy a Court judgment. The range of punishment for failure to appear or for failure to satisfy judgment shall be a fine of up to five hundred dollars ($500.00) and/or up to ninety (90) days in the St. Charles County Jail.
11. 
If, in the progress of any trial before a Municipal Judge, it shall appear to the Judge that the accused ought to be put on trial for an offense against the criminal laws of the State and not cognizable before a Municipal Judge, the Judge shall immediately stop all further proceedings as Municipal Judge and cause the complaint to be made before an Associate Circuit Judge of St. Charles County.
12. 
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 St. Charles County Jail, and it shall be the duty of the Sheriff of the County, if space for the prisoner is available in the County Jail, upon receipt of a warrant of commitment from the Municipal Judge, to receive and safely keep such prisoner until discharged by due process of law. The City shall pay the board of the prisoner at the same rate as may now or hereafter be allowed to the Sheriff for the keeping of such prisoner in his/her custody. These expenses shall be taxed as costs.
13. 
All warrants issued by the Municipal Judge shall be directed to the Sheriff of St. Charles County. The warrant shall be executed by the Sheriff or his/her deputies any place within the limits of St. Charles County.
14. 
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 the right of trial de novo before a Circuit Judge or an assignment before an Associate Circuit Judge. An application for 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 State Supreme Court rules.
[Ord. No. 01-23 §5, 8-23-2001]
The Mayor, with the consent of the Board of Aldermen, shall appoint a Municipal Court Clerk. The term of the Municipal Court Clerk shall continue from a date of the appointment for an indefinite period of time or until his/her employment is terminated by the Board of Aldermen.
[Ord. No. 01-21 §1, 8-23-2001]
A. 
The duties of Municipal Court Clerk are as follows:
1. 
Collection of such fines for violations of such offenses as may be prescribed and the Court costs therefor;
2. 
Taking of oaths and affirmations;
3. 
Acceptance of signed complaints and allowing the same be signed and sworn to or affirmed before him/her;
4. 
Signing and issuing subpoenas requiring the attendance of witnesses and signing and issuing subpoenas duces tecum;
5. 
Acceptance of the appearance, waiver of trial, plea of guilty and payment of fine and costs.
6. 
Performing all other duties as provided for by ordinance, by rules of practice and procedure adopted by the Municipal Judge and by the State rules of practice and procedure in Municipal Courts and by Statute; and
7. 
Maintaining, properly certified by the City Clerk, a complete copy of the ordinances of the City which shall constitute prima facie evidence of the ordinance before the Court; maintaining a similar certified copy on file with the Clerk serving the Circuit Court of the County.
[Ord. No. 01-21 §3, 8-23-2001; Ord. No. 09-08 §2, 2-26-2009; Ord. No. 09-19 §1, 5-12-2009]
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) which are to be remitted to the City Treasurer.
2. 
Actual costs assessed against the City by the County Sheriff for apprehension or confinement in the County Jail.
3. 
Court costs to be assessed in accordance with Section 479.260, RSMo., including those related to service costs, witness fees and jail costs. The Municipal Judge may assess as costs the following charges against defendants in the Municipal Court:
a. 
Warrant charge — twenty-five dollars ($25.00);
b. 
Failure to appear letter — fifteen dollars ($15.00);
c. 
Boarding in County Jail costs of seventy-five dollars ($75.00) per day or portion thereof;
d. 
Show cause letter — fifteen dollars ($15.00);
e. 
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. Subsection (e) is hereby updated to current costs per mile.
f. 
Crime Victims' Compensation Fund. An additional sum of seven dollars fifty cents ($7.50) shall be assessed and added to the basic costs in Subsection (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 Subsection shall be paid at least monthly as follows:
(1) 
Ninety-five percent (95%) of such fees shall be paid to the Director of Revenue of the State of Missouri for deposit as provided in Section 595.045.5, RSMo.
(2) 
Five percent (5%) shall be paid to the City Treasury.
g. 
Court costs — alcohol and drug-related traffic offenses — reimbursement to City. Upon a plea of guilty or a finding of guilty for a first (1st) offense of violating the provisions of Sections 577.010 or 577.012, RSMo., or violations of City ordinances involving alcohol- or drug-related traffic offenses, the Court may, in addition to imposition of any penalties provided by law, order the convicted person to reimburse the City's law enforcement agency which made the arrest for the costs associated with such arrest. Such costs shall include the reasonable cost of making the arrest, including the cost of any chemical test made under Chapter 577, RSMo., 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. The City's law enforcement agency may establish a schedule of such costs, however, the Court may order the costs reduced if it determines the costs are excessive.
h. 
Peace Officer's Standards and Training Commission Fund. State at one dollar ($1.00) per violation and City at two dollars ($2.00) per violation.
[Ord. No. 09-16 §§1 — 2, 5-12-2009]
Upon the first (1st) conviction or plea of guilty by any person for a moving violation, the Court may assess a fine of one hundred dollars ($100.00) in addition to any other fine authorized to be imposed by ordinance, if the offense occurred within a construction zone or work zone. Upon a second (2nd) or subsequent such conviction or plea of guilty, the Court may assess a fine of one hundred fifty dollars ($150.00) in addition to any other fine authorized to be imposed by ordinance. Upon the first (1st) conviction or plea of guilty by any person for a speeding or passing violation, the Court may assess a fine of two hundred fifty dollars ($250.00) in addition to any other fine authorized by ordinance if the offense occurred within a construction zone or work zone and at the time the speeding or passing violation occurred there was any roadway worker in such zone. Upon a second (2nd) or subsequent such conviction or plea of guilty, the Court may assess a fine of three hundred dollars ($300.00) in addition to any other fine authorized by ordinance.
[Ord. No. 09-08 §4, 2-26-2009]
All warrants issued by a Municipal Judge shall be directed 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. The Sheriff's deputies 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.
[Ord. No. 09-08 §4, 2-26-2009]
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. When a jury trial is demanded, a record of the proceedings shall be made and appeals may be had upon that record to the appropriate Appellate Court.
[Ord. No. 09-08 §4, 2-26-2009]
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 prosecutions shall be paid by the City. The compensation of such attorney shall not be contingent upon the result in any case.
[Ord. No. 09-08 §4, 2-26-2009]
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.
[Ord. No. 09-08 §4, 2-26-2009]
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.
[Ord. No. 09-08 §4, 2-26-2009]
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 any approved detention facility and it shall be the duty of the Sheriff, if space for the prisoner is available in the said 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 costs.
[Ord. No. 09-08 §4, 2-26-2009]
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 Court may modify or enlarge the conditions of probation at any time prior to the expiration or termination of the probation term.
[Ord. No. 09-08 §4, 2-26-2009]
A. 
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.
B. 
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.
[Ord. No. 09-08 §4, 2-26-2009]
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.
[Ord. No. 09-08 §4, 2-26-2009]
A Municipal Judge shall be disqualified to hear any case in which he/she is 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.
[Ord. No. 09-08 §4, 2-26-2009]
A. 
If a Municipal Judge be absent, sick or disqualified from acting, the Mayor 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 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 Court 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 for a Special Municipal Judge.
C. 
The Board of Aldermen shall provide by ordinance for the compensation of any person designated to act as Municipal Judge under the provisions of this Section.
[Ord. No. 09-08 §4, 2-26-2009]
A. 
Any person appearing before the Municipal Court of the City of Weldon Spring, which is a Division of the Circuit Court of St. Charles County, shall be subject to punishment for contempt of Court for any of the following acts constituting contempt:
1. 
Disorderly or insolent behavior committed during its session in its immediate view and presence and directly tending to interrupt its proceeding or to impair the respect due its authority.
2. 
Any breach of peace, noise or other disturbance directly tending to interrupt its proceedings.
3. 
Willful disobedience or resistance of any process or order lawfully issued or made by it.
4. 
Failure to appear or failure to satisfy Court judgment. Contempt committed in the immediate view and presence of the Court may be punished summarily; in other cases the party charged shall be notified of the accusation and have a reasonable time to make his/her defense.
[Ord. No. 09-08 §4, 2-26-2009]
Punishment for contempt of Court shall be by a fine of up to five hundred dollars ($500.00) or to imprisonment for up to ninety (90) days, or to both such fine and imprisonment.
[Ord. No. 09-08 §4, 2-26-2009]
Any person who willfully fails or refuses to pay the Municipal Court costs or warrant charges shall upon conviction be subject to a fine of up to five hundred dollars ($500.00) or to imprisonment for up to ninety (90) days, or to both such fine or imprisonment.
[Ord. No. 09-08 §4, 2-26-2009]
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. 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.
[Ord. No. 09-08 §4, 2-26-2009]
A. 
In order to prevent recidivism in matters of drug and alcohol abuse, it is recognized that the education of offenders appearing in the Municipal Court of Weldon Spring, Missouri, could bring positive results in some instances.
B. 
The Weldon Spring Municipal Court Judge is hereby authorized to suspend all or a portion of the sentence imposed on drug or alcohol offenders upon certain conditions which include incentive and verification of the education procedures.
[Ord. No. 09-08 §4, 2-26-2009]
A. 
A person commits the offense of "tampering with a witness" if, with purpose to induce a witness or a prospective witness in an official proceeding to disobey a subpoena or other legal process or to absent himself/herself or avoid subpoena or other legal process or to withhold evidence, information or documents or to testify falsely, he/she:
1. 
Threatens or causes harm to any person or property; or
2. 
Uses force, threats or deception; or
3. 
Offers, confers or agrees to confer any benefit, direct or indirect, upon such witness; or
4. 
Conveys any of the foregoing to another in furtherance of a conspiracy.
B. 
A person commits the offense of "victim tampering" if, with purpose to do so, he/she prevents or dissuades or attempts to prevent or dissuade any person who has been a victim of any offense or a person who is acting on behalf of any such victim from:
1. 
Making any report of such victimization to any Peace Officer or State, local or Federal Law Enforcement Officer or prosecuting agency or to any Judge;
2. 
Causing a complaint, indictment or information to be sought and prosecuted or assisting in the prosecution thereof;
3. 
Arresting or causing or seeking the arrest of any person in connection with such victimization.
C. 
Tampering with a witness in a prosecution, tampering with a witness with purpose to induce the witness to testify falsely or victim tampering as set forth above shall subject the violator, upon plea or finding of guilt, to a fine of up to five hundred dollars ($500.00) to imprisonment for up to ninety (90) days, or to both such fine and imprisonment.
[Ord. No. 09-08 §4, 2-26-2009]
A. 
Municipalities by ordinance may provide for fees in an amount per case to be set pursuant to Sections 488.010 or 488.020, RSMo., for each municipal ordinance violation case filed before a Municipal Judge and in the event a defendant pleads guilty or is found guilty, the Judge may assess costs against the defendant except in those cases where the defendant is found by the Judge to be indigent and unable to pay the costs. The fees authorized in this Subsection are in addition to service charges, witness fees and jail costs that may otherwise be authorized to be assessed, but are in lieu of other Court costs. The Municipal Court may establish a Judicial Education Fund in an account under the control of the Municipal Court to retain one dollar ($1.00) of the fees collected on each case and to use the fund only to pay for:
1. 
The continuing education and certification required of the Municipal Judges by law or Supreme Court rules; and
2. 
Judicial education and training for the Court Administrator and Clerks of the Municipal Court.
B. 
In municipal ordinance violation cases, when there is an application for a trial de novo, there shall be an additional fee in an amount to be set pursuant to Sections 488.010 to 488.020, RSMo.
[Ord. No. 09-08 §4, 2-26-2009]
In case of a breach of any recognizance or bond entered into before a Municipal 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. All monies recovered in such actions shall be paid over to the Municipal Treasury to the General Revenue Fund of the municipality.
[Ord. No. 09-08 §4, 2-26-2009]
A Municipal Judge shall be disqualified to hear any case in which the Judge is in any wise 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.
[Ord. No. 09-08 §4, 2-26-2009]
When a fine is assessed for violation of an ordinance, it shall be within the discretion of the Judge assessing the fine to provide for the payment of the fine on an installment basis under such terms and conditions as the Judge may deem appropriate.
[Ord. No. 09-08 §4, 2-26-2009]
In the trial of municipal ordinance violation cases, a copy of a municipal ordinance or code which is certified by the Clerk of the municipality shall constitute prima facie evidence of such ordinance. If such certified copy is on file with the Clerk serving the Judge hearing a case and is readily available for inspection by the parties, the Judge may take judicial notice of such ordinance without further proof.
[Ord. No. 09-08 §4, 2-26-2009]
In the prosecution of violations of municipal ordinances before a Municipal Judge, all fines and costs shall be paid to and deposited not less frequently than monthly into the Municipal Treasury.
[Ord. No. 09-08 §4, 2-26-2009]
In any case tried before a Municipal 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 as provided by Missouri Supreme Court rule.
[Ord. No. 09-03 §3, 2-26-2009]
In addition to the policies and procedures set forth herein, the Municipal Court personnel shall be guided by the current rules of the Office of State Courts Administrator of the Supreme Court of Missouri as published in the Missouri Annual Report — Supplement and the Missouri Municipal Clerk Manual.