[Adopted 12-8-2015 by Ord. No. 2015-2900]
There is hereby established in this City a Municipal Court, to be known as the "Greenwood Municipal Court, a Division of the 16th Judicial Circuit Court of the State of Missouri."
Violations of municipal ordinances shall be heard and determined only before divisions of the Circuit Court as hereinafter provided in this Chapter. "Heard and determined," for purposes of this Chapter, shall mean any process under which the Court in question retains the final authority to make factual determinations pertaining to allegations of a municipal ordinance violation.
The Judge of the City's Municipal Court shall be known as a Municipal Judge of the 16th Judicial Circuit Court, and shall be appointed to his/her position by the Mayor, subject to confirmation by a majority of the Board of Aldermen. He/she shall be compensated in such amount as shall be determined by the Board of Aldermen in its adoption of the annual budget.
The Municipal Judge shall possess the following qualifications before he/she shall take office:
He/she must be a licensed attorney, qualified to practice law within the State of Missouri.
He/she need not reside within the City.
He/she must be a resident of the State of Missouri.
No person shall serve as Municipal Judge after that person has reached that person's 75th birthday.
He/she may serve as Municipal Judge for any other municipality.
He/she may not hold any other office within the City government.
The office of Municipal Judge shall be considered a part-time position, and as such the Municipal Judge may accept (within the requirements of the Code of Judicial Conduct, Missouri Supreme Court Rule 2) other employment.
The Municipal judge shall be and is hereby authorized to:
Establish a Violations Bureau as provided for in the Missouri Rules of Practice and Procedure in Municipal and Traffic Courts and Section 479.050, RSMo.
Administer oaths and enforce due obedience to all orders, rules and judgments made by him, and may fine and imprison for contempt committed before him/her while holding Court, in the same manner and to the same extent as a Circuit Judge.
Commute the term of any sentence, stay execution of any fine or sentence, suspend any fine or sentence, and make such other orders as the Municipal Judge deems necessary relative to any matter that may be pending in the Municipal Court.
Make and adopt such rules of practice and procedure as are necessary to implement and carry out the provisions of this Chapter, and to make and adopt such rules of practice and procedure as are necessary to hear and decide matters pending before the Municipal Court and to implement and carry out the provisions of the Missouri Rules of Practice and Procedure in Municipal and Traffic Courts. Any and all rules made or adopted hereunder may be annulled or amended by an ordinance limited to such purpose; provided that such ordinance does not violate or conflict with the provisions of the Missouri Rules of Practice and Procedure in Municipal and Traffic Courts, or State Statutes.
The Municipal Judge shall have such other powers, duties and privileges as are or may be prescribed by the laws of this State, this Code or other ordinances of this City.
The issuance of administrative search warrants relating to violations of Greenwood City Code ("Code") and relating to enforcement thereof shall conform to and be governed by the following provisions:
An "administrative search warrant" is a written order of the Municipal Court of the City of Greenwood commanding the search of property to determine the existence of violations of specific provisions contained within the Code and to permit abatement of nuisances and enforcement of violations of said Code provisions.
Any public official, Police Officer, Code Enforcement Officer, special counsel or the prosecuting attorney may make an application for the issuance of an administrative search warrant. The application may be made on a form prepared by the Court Clerk and shall:
Be in writing;
State the time and date of the making of the application;
Identify the property which is to be searched in sufficient detail and particularity that the Police Officer executing the warrant can readily ascertain it;
Identify the City Code violation in sufficient detail and particularity that the Police Officer executing the warrant can readily ascertain it;
State facts sufficient to show reasonable suspicion for the issuance of the administrative search warrant;
Be verified by the signed oath or affirmation of the applicant;
Be filed in the Municipal Court.
The application may be supplemented in writing as necessary to assist the Municipal Judge in determining whether there is reasonable suspicion for the issuance of an administrative search warrant and to fill out any deficiencies in the description of the property to be searched or in the Code violation(s) on the property. Oral testimony shall not be considered.
The Municipal Judge or acting Municipal Judge shall review the application and any written supplementation to determine whether sufficient facts have been stated to justify the issuance of an administrative search warrant. If it appears that there is reasonable suspicion to believe that a violation of the Code provision exists on the property described, an original and two (2) copies of the administrative search warrant shall be issued.
The application and any written supplementation and a copy of the warrant shall be retained in the records of the Municipal Court.
The administrative search warrant shall:
Be in writing;
Be directed to a Police Officer of the City of Greenwood;
State the time and date the warrant is issued;
Identify the property which is to be searched in sufficient detail and particularity such that the Police Officer executing the warrant can readily ascertain it;
Identify the Code violation in sufficient detail and particularity such that the Police Officer executing the warrant can readily ascertain it;
Be signed by the Municipal Judge or Acting Municipal Judge;
Be executed by a Police Officer of the City of Greenwood by conducting the search commanded and/or abating the nuisance or Code violation;
Be executed between the hours of 8:00 A.M. and 5:00 P.M. except in the case of an emergency threatening immediate damage or harm to life or property;
Be executed as soon as practicable and shall expire if it is not executed and returned within ten (10) days after the date of the making of the application; and
After execution of the administrative search warrant, the warrant with a return thereon, signed by the Police Officer executing the warrant, shall be filed in Municipal Court. The return shall show the date and manner of execution, the name of the possessor and the name of the owner of the property, when they are not the same person, if known.
An administrative search warrant shall be deemed invalid:
If it was not issued and signed by the Municipal Judge or Acting Municipal Judge; or
If it was issued without a written application in compliance with this Code Section having been filed and verified; or
If it was issued without reasonable suspicion; or
If it does not describe the property to be searched and/or the nuisance or Code violation with sufficient certainty; or
If it is not executed and returned within the time prescribed.
The appointment to the position of Municipal Judge shall be for a period of two (2) years and shall begin on July 1 of each even-numbered year or until a successor is appointed by the Mayor and approved by confirmation of a majority of the full authorized membership of the Board of Aldermen. If for any reason the office of Municipal Judge becomes vacant, the successor Judge shall complete the unexpired term of that office, even if it is for less than two (2) years.
The Municipal Judge shall vacate his/her office under the following circumstances:
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 Missouri Supreme Court as adopted from time to time.
The Municipal Judge shall establish a Violations Bureau, and the City shall provide all expenses incident to the operation of the same. The Court Administrator is hereby designated as the Violations Clerk for said Bureau, if established.
If the Municipal Judge be absent, sick or disqualified from acting, the Court Administrator may request the Presiding Judge of the Circuit Court to designate a special Municipal Judge as provided for by law, or in cases of circumstances making it impossible to reach the Presiding Judge of the Circuit Court in a timely manner, the Mayor may designate some competent, eligible person to act as Municipal Judge until the Presiding Judge of the Circuit Court can designate a special Municipal Judge as provided for by law.
The Mayor, with the approval of the Board of Aldermen, shall appoint and discharge a Clerk for the Municipal Court and such other non-judicial personnel as may be required. The duties of said Clerk shall be as follows:
To collect such fines for violations of such offenses as may be described and the Court costs thereof.
To take oaths and affirmations.
To accept signed complaints and allow the same to be signed and sworn to or affirmed before him/her.
Sign and issue subpoenas requiring the attendance of witnesses and sign and issue subpoenas duces tecum.
Accept the appearance, waiver or trial and plea of guilty and payment of fine and costs in Violation Bureau cases or as directed by the Municipal Judge; generally sit as Violation Clerk of the Violation Bureau.
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.
Maintain, properly certified by the City Clerk, a complete copy of the ordinances of the City 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.
The Municipal Court shall meet on the first Tuesday of each month at 6:00 P.M. at the Greenwood City Hall, 709 West Main Street, Greenwood, Missouri, or such other suitable meeting place or alternate date or time as designated by the Municipal Judge. If the first Tuesday of any month should fall on a legal holiday, an alternate date shall be set at the discretion of the Municipal Judge.
The Board of Aldermen of the City of Greenwood, Missouri, having previously accepted a resolution by the General Assembly of the State of Missouri, does hereby prohibit smoking in the City Hall during sessions of the Municipal Court of the City of Greenwood, Missouri.
There is need for a Corrective Driving School program for violators in the Municipal Court of the City of Greenwood, Missouri.
The Municipal Judge of the City of Greenwood can sentence an individual to Corrective Driving School as a portion of that individual's sentencing, as stated within the provisions of Section 302.302, RSMo. (Supp. 1984).
The City of Greenwood shall be authorized to use any duly authorized agent.
All fees charged by the Corrective Driving School shall be paid by the defendant, and such fees paid by the defendant will be paid directly to the Corrective Driving School, or other duly authorized agent.
The duly authorized agent will handle all paperwork, and return a copy of the completed and signed documentation to the Greenwood Municipal Court upon completion of the Corrective Driving School course.
In all Municipal Court cases, offenders, except where nullified by the Municipal Court Judge, are expected to pay Court costs of twenty-four dollars and fifty cents ($26.50) for moving and non-moving traffic violations or other cases where deemed necessary:
The Board of Aldermen wishes to follow Missouri State Statutes and establish the following division of Municipal Court costs:
Seven dollars and fifty cents ($7.50) per case assessed and specified for funding for Crime Victims' Compensation Fund pursuant to Section 595.045, RSMo., except in cases regulated by Section 595.045, RSMo., with seven dollars and thirteen cents ($7.13) being returned to the State Department of Revenue and thirty-seven cents ($0.37) to the City Treasurer;
An additional twelve dollars ($12.00) per case assessed and specified for placement in the Clerk Court Fee Fund pursuant to Section 488.012, RSMo., of which one dollar ($1.00) per case shall be specified for Municipal Judge and Clerks of the Municipal Court's Judicial Education and Training (JEF) Fund pursuant to Section 479.260, RSMo.;
An additional one dollar ($1.00) per case assessed and specified for use in the Police Officers Standards and Training Fund Surcharge (POST) to be forwarded to the Missouri Department of Public Safety for non-moving and moving traffic violations pursuant to Section 590.140, RSMo.;
An additional two dollars ($2.00) per case assessed and specified for placement in the Law Enforcement Training (LET) Fund for non-moving and moving traffic violations pursuant to Section 590.140, RSMo.; and
An additional four dollars ($4.00) per case assessed and specified for a Domestic Shelter Violence Fund pursuant to Section 488.607, RSMo.
Upon a plea of guilty, finding of guilty or conviction for violation of the provisions of any alcohol- or drug-related traffic offenses, the Court may, in addition to imposition of any penalties provided by law, order the person to reimburse Law Enforcement Authorities for the costs associated with such arrest.
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.
Law Enforcement Authorities may establish a schedule of such costs for submission to the Court; however, the Court may order costs reduced if it determines that the schedule of costs is excessive given the circumstances for the case of for good cause shown.
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 Collector.
The City Collector 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 incurred and shall be specifically used to enhance and support the enforcement and prosecution of alcohol- and drug-related traffic laws within the City.
There is a need for a Juvenile Youth Court program for juvenile offenders in the City of Greenwood, Missouri.
Juvenile offenders up to the age of seventeen (17) can be referred to the Eastern Jackson County Youth Court, with the permission of their parents, or legal guardian.
The City of Greenwood shall be authorized to use the Eastern Jackson County Youth Court as the Youth Court for the City of Greenwood.
The City of Greenwood shall have two (2) representatives on the Board of Directors, of the Eastern Jackson County Youth Court, and these representatives shall be, one (1) Alderman of the Greenwood Board of Aldermen, and one (1) member of the Greenwood Police Department.
The Eastern Jackson County Youth Court, or duly authorized agent will handle all paperwork, and return a copy of the completed and signed documentation to the Chief of Police of the Greenwood Police Department, or his/her duly authorized agent.
The Greenwood Board of Aldermen shall set up a budget to assist the Eastern Jackson County Youth Court operations but, not to exceed one thousand five hundred dollars ($1,500.00) per year.