[Adopted 12-8-2015 by Ord. No. 2015-2900[2]]
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.
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.
No person shall serve as Municipal Judge after that person has
reached that person's 75th birthday.
5.
He/she may serve as Municipal Judge for any other municipality.
6.
He/she may not hold any other office within the City government.
7.
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.
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, 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.
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.
6.
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:
a.
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.
b.
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:
(1)
Be in writing;
(2)
State the time and date of the making of the application;
(3)
Identify the property which is to be searched in
sufficient detail and particularity that the Police Officer executing
the warrant can readily ascertain it;
(4)
Identify the City Code violation in sufficient
detail and particularity that the Police Officer executing the warrant
can readily ascertain it;
(5)
State facts sufficient to show reasonable suspicion
for the issuance of the administrative search warrant;
(6)
Be verified by the signed oath or affirmation of
the applicant;
(7)
Be filed in the Municipal Court.
c.
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.
d.
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.
e.
The application and any written supplementation and a copy of
the warrant shall be retained in the records of the Municipal Court.
f.
The administrative search warrant shall:
(1)
Be in writing;
(2)
Be directed to a Police Officer of the City of
Greenwood;
(3)
State the time and date the warrant is issued;
(4)
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;
(5)
Identify the Code violation in sufficient detail
and particularity such that the Police Officer executing the warrant
can readily ascertain it;
(6)
Be signed by the Municipal Judge or Acting Municipal
Judge;
(7)
Be executed by a Police Officer of the City of
Greenwood by conducting the search commanded and/or abating the nuisance
or Code violation;
(8)
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;
(9)
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
(10)
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.
g.
An administrative search warrant shall be deemed invalid:
(1)
If it was not issued and signed by the Municipal
Judge or Acting Municipal Judge; or
(2)
If it was issued without a written application
in compliance with this Code Section having been filed and verified;
or
(3)
If it was issued without reasonable suspicion;
or
(4)
If it does not describe the property to be searched
and/or the nuisance or Code violation with sufficient certainty; or
(5)
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.
A.
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.
A.
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:
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 subpoenas duces tecum.
5.
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.
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 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.
A.
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.
B.
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.
A.
There is need for a Corrective Driving School program for violators
in the Municipal Court of the City of Greenwood, Missouri.
B.
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).
C.
The City of Greenwood shall be authorized to use any duly authorized
agent.
D.
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.
E.
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.
[Ord. No. 2021-3027, 8-24-2021]
A.
In all Municipal Court cases, except where nullified by the Municipal
Court Judge, Court costs of thirty-three dollars and fifty cents ($33.50)
shall be assessed as follows:
1.
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;
2.
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.;
3.
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 590.178, RSMo.;
4.
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 590.00 to 590.180, RSMo.;
5.
Four dollars ($4.00) per case assessed and specified for a Domestic
Shelter Violence Fund pursuant to Section 488.607, RSMo.; and
6.
Seven dollars ($7.00) per case assessed and specified shall
be collected by the Municipal Court and transmitted monthly to the
Missouri Director of Revenue to the credit of the Missouri Statewide
Automation Fund pursuant to Section 488.012.3(5), RSMo., and Section
488.027.2, RSMo.
|
Surcharge Category
|
Ordinance Violations, Moving and Non-Moving Traffic Fees
|
|---|---|
|
Clerk Fee, including $1.00 for Judicial Education and Training
Fund (JEF)
|
$12.00
|
|
Crime Victims' Compensation Fund (CVC)
|
$7.50
|
|
Police Officers Standards and Training Fund (POST)
|
$1.00
|
|
Law Enforcement Training Fund (LET)
|
$2.00
|
|
Domestic Shelter Violence Fund
|
$4.00
|
|
Missouri Statewide Automation Fund (SMC)
|
$7.00
|
|
TOTAL
|
$33.50
|
A.
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.
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 costs reduced
if it determines that the schedule of costs is excessive given the
circumstances for the case of 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 Collector.
E.
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.
A.
There is a need for a Juvenile Youth Court program for juvenile offenders
in the City of Greenwood, Missouri.
B.
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.
C.
The City of Greenwood shall be authorized to use the Eastern Jackson
County Youth Court as the Youth Court for the City of Greenwood.
D.
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.
E.
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.
F.
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.
