[Ord. No. 448 §1, 12-28-1978; Ord.
No. 21-13, 12-6-2021]
A.
As
soon as practicable after December 6, 2021, the next regularly scheduled
City of Tipton Municipal Court Docket, but no later than six (6) months
from the effective date of this Section, the City of Tipton Municipal
Court shall be transferred to the Moniteau County 26th Circuit Court
Associate Division.
B.
The
Mayor is authorized to take all actions necessary to transfer the
City of Tipton Municipal Court to the Moniteau County 26th Circuit
Court and effectuate the transfer of City of Tipton Municipal Division
cases to be heard in the Moniteau County 26th Associate Circuit Court.
[Ord. No. 448 §2, 12-28-1978]
The jurisdiction of the Municipal Court shall extend to all
cases involving alleged violations of the ordinances of the City.
[Ord. No. 448 §3, 12-28-1978; Ord. No. 98-11 §§1 — 2, 12-7-1998]
A.
The
office of Municipal Judge of the Municipal Court of the City of Tipton,
Missouri, to be also known as a Municipal Judge of the 26th Judicial
Circuit Court from and after the effective date of this Section (December
7, 1998) shall be an appointive office.
B.
The
Municipal Judge shall be appointed by the Mayor with the advice and
consent of the Board of Aldermen.
[Ord. No. 448 §4, 12-28-1978; Ord. No. 98-11 §3, 12-7-1998]
The appointed Municipal Judge shall hold office for a period
of two (2) years and shall take office biannually commencing from
the second (2nd) Tuesday in April, 1999. If for any reason the appointed
Municipal Judge shall vacate his or her office, then his or her successor
shall be appointed only to complete the unexpired term of Municipal
Judge.
[Ord. No. 448 §5, 12-28-1978]
[Ord. No. 448 §6, 12-28-1978; Ord. No. 98-11 §4, 12-7-1998]
A.
In
order to take office an appointed Municipal Judge must possess the
following qualifications:
1.
He or she shall be a licensed attorney, qualified to practice law
within the State of Missouri.
2.
He or she shall be a resident of the State of Missouri at the time
of the appointment.
3.
He or she shall be at least twenty-one (21) years of age.
4.
No person shall serve as Municipal Judge after that person has reached
the age of seventy-five (75) years.
5.
No Municipal Judge shall hold any other office in the municipality
in which he or she serves as Judge.
6.
The Municipal Judge is not required to be a City resident.
[Ord. No. 448 §7, 12-28-1978]
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.
[Ord. No. 448 §8, 12-28-1978]
A.
The
Municipal Judge shall cause to be prepared within the first ten (10)
days of every month a report indicating the following:
1.
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.
2.
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 Alderpersons
of the City for examination at its first (1st) session thereafter.
3.
The Municipal Court shall, within the ten (10) days after the first
(1st) of the month, pay to the Municipal Treasury the full amount
of all fines collected during the preceding months, if they have not
previously been paid.
[Ord. No. 448 §9, 12-28-1978]
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 Moniteau 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.
[Ord. No. 448 §10, 12-28-1978]
A.
The
Municipal Judge shall be and is hereby authorized to:
1.
Establish a Traffic Violations Bureau as provided for in the Missouri
Rules of Practice and Procedure in Municipal and Traffic Courts and
Section 479.050 of the Revised Statutes of Missouri.
2.
Administer oaths and enforce due obedience to all orders, rules and
judgments made by him/her, and may fine or imprison for contempt committed
before him/her while holding Court, in the same manner and 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.
[Ord. No. 448 §11, 12-28-1978]
Should the Municipal Judge determine that there shall be a Traffic
Violations Bureau, the City shall provide all expenses incident to
the operation of the same. The City Collector is hereby designated
as the Traffic Violations Clerk for said Bureau, if established.
[Ord. No. 448 §12, 12-28-1978]
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.
[Ord. No. 448 §13, 12-28-1978]
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.
[Ord. No. 448 §14, 12-28-1978]
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.
[Ord. No. 448 §15, 12-28-1978]
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 prosecutions shall be paid by the City.
The compensation of such Attorney shall not be contingent upon the
result in any case.
[Ord. No. 448 §16, 12-28-1978]
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.
[Ord. No. 448 §17, 12-28-1978]
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 a 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. 448 §18, 12-18-1978]
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 other such
prisoners in his/her custody. The same shall be taxed as cost.
[RSMo. §479.190]
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.
[RSMo. §479.200.2]
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. 448 §21, 12-28-1978]
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.
[Ord. No. 448 §22, 12-28-1978]
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.
[Ord. No. 448 §23, 12-28-1978]
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. 448 §24, 12-28-1978; Ord. No. 98-11 §5, 12-7-1998]
The compensation of the Municipal Judge shall be a salary set
by the Board of Aldermen and will not be dependent in any way upon
the number of cases tried, the number of guilty verdicts or the amount
of fines imposed or collected.
[Ord. No. 448 §26, 12-28-1978]
A.
The
City Collector is hereby designated as the Clerk of the Municipal
Court. The duties of said Clerk shall be as follows:
1.
To collect such fines for violations of such offenses as may be described,
and the Court costs thereof.
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 a subpoena duces tecum.
5.
Accept the appearance, waiver of trial and plea of guilty and payment
of fine and costs in Traffic Violation Bureau cases or as directed
by the Municipal Judge; generally act as Violation Clerk of the Traffic
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.
[Ord. No. 448 §27, 12-28-1978; Ord. No. 97-06 §1, 8-4-1997; Ord.
No. 03-03 §1, 4-9-2003; Ord. No. 16-12 §1, 9-8-2016; Ord. No. 19-02, 3-4-2019; Ord. No. 20-03, 5-4-2020; Ord. No. 21-13, 12-6-2021]
A.
So
long as City Court cases are heard by the Moniteau County Associate
Circuit Judge, in addition to any fine that may be imposed by the
Judge in any case filed in the Tipton Municipal Division of the 26th
Judicial Circuit Court, and in addition to all other fees authorized
or required by law there shall be assessed as costs on each case the
following:
1.
Fifteen dollars ($15.00) for Court costs pursuant to Court Operating
Rule 21.01(a)(5), and Section 479.260 and 488.012, RSMo.
2.
Three dollars ($3.00) for Police Officer Standards and Training (POST)/Law
Enforcement Training Fund pursuant to Section 488.5336, RSMo. Pursuant
to said Statute, two dollars ($2.00) of each such Court cost shall
be used to pay for Police Officer training. 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) shall be sent to the State Treasury to the credit of
the Police Officers Standards and Training Commission Fund created
by Section 590.178, RSMo.
3.
Seven dollars and fifty cents ($7.50) for Crime Victims’ Compensation
(CVC) Fund surcharge pursuant to Sections 488.5339 and 595.045.6,
RSMo. Pursuant to said Statutes, five percent (5%) of such moneys
shall be payable to the City Treasury of the City from which such
funds were collected. The remaining ninety-five percent (95%) of such
moneys shall be payable to the Missouri Director of Revenue.
4.
Seven dollars ($7.00) pursuant to Sections 488.027 and 488.012, RSMo.,
for the Statewide Court Automation Fee.
5.
No Court costs shall be charged in any case that has been dismissed
by the Court or when Court costs are waived by the Court.
[Ord. No. 448 §28, 12-28-1978]
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.
[Ord. No. 448 §29, 12-28-1978]
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.
[Ord. No. 98-03 §§1 —
2, 1-5-1998]
A.
Any
person who willfully violates his/her written promise to appear in
Municipal Court in response to any violation of the municipal ordinances
of the City of Tipton, Missouri, shall be guilty of a misdemeanor,
regardless of the disposition of the charges on which he/she was originally
arrested.
B.
Upon
conviction for failure to appear the penalty shall be a fine of not
less than five dollars ($5.00) nor more than five hundred dollars
($500.00).
