[Code 1969, § 15.1-1; Ord. No.
492, § 1, 2-4-1992]
There is hereby established in this City a municipal court,
to be known as the "Butler Municipal Court, a Division of the Twenty-Seventh
Judicial Circuit Court of the State of Missouri." This court is a
continuation of the police court of the City as previously established,
and is termed herein "the Municipal Court."
[Code 1969, § 15.1-4; Ord. No.
492, § 1, 2-4-1992]
The associate circuit judge of the county is hereby designated
as the judge of the City's municipal court.
[Code 1969, § 15.1-5; Ord. No.
492, § 1, 2-4-1992]
(a)
The municipal judge shall vacate his office under the following circumstances:
[Code 1969, § 15.1-6; Ord. No.
492, § 1, 2-4-1992]
(a)
The municipal judge shall possess the following qualifications before
he shall take office:
(1)
He must be a licensed attorney, qualified to practice law within
the state.
(2)
He need not reside within the City.
(3)
He must be a resident of the state.
(4)
He must be between the ages of 21 and 75 years.
(5)
He may serve as municipal judge for any other municipality.
(6)
He may not hold any other office within the City government.
(7)
The municipal judge shall be considered holding a part-time position,
and as such he may accept other employment except as provided by the
code of judicial conduct and the applicable state supreme court rules.
[Code 1969, § 15.1-7; Ord. No.
492, § 1, 2-4-1992]
(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
RSMo 479.050.
(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 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 may, when in his judgement it may seem advisable,
grant a parole or probation to any person who shall plead guilty or
shall be convicted after trial before such judge. When a person is
placed on parole or probation the judge may order conditions which
he believes will serve to compensate the victim of the crime, any
dependant of the victim or society in general. Such conditions may
include, but are not limited to:
a.
Restitution to the victim or a dependent of the victim.
b.
Performance of a designated amount of free work for a charitable
or public purpose. Any county, City, person, organization or agency,
or employee of any such entity 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 if such cause or action arises
from the supervision of performance, except for intentional torts
or gross negligence. The services provided herein shall not be deemed
to be employment on behalf of any such entity.
(6)
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
any other ordinance of the City.
[Code 1969, § 15.1-25; Ord. No.
492, § 1, 2-4-1992; Ord. No. 519, § 8, 11-17-1992]
(a)
The clerk of the municipal court shall be appointed by the Mayor.
The duties of the 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;
(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 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 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.
[1]
Editor's Note: Ord. No. 1083, adopted 10-16-2018, repealed
§ 15-7, which pertained to the traffic violations bureau
and derived from Code 1969, § 15.1-11, as amended.
[Code 1969, §§ 15.1-18, 15.1-26; Ord. No. 492, § 1, 2-4-1992; Ord. No. 588, § 1, 4-4-1995; Ord. No. 1080, § 1, 10-2-2018; Ord. No. 1083, § 2, 10-16-2018]
(a)
In addition to any fine that may be imposed by the municipal judge,
provided that no such fee or surcharge shall be collected when the
proceeding giving rise to the fee or surcharge has been dismissed
or when costs are waived or paid by the City, county, or state, there
shall be assessed as costs in all cases, the following:
(1)
Clerk fee pursuant to COR 21.01(a)(5): $12;
(2)
Crime victims' compensation fund surcharge pursuant to RSMo;
§ 488.5339(1) and RSMo § 595.045(6): $7.50;
(3)
Peace officer standards and training (POST) ommission surcharge pursuant
to RSMo § 5336(1): $1;
(4)
Sheriffs' retirement fund surcharge pursuant to RSMo § 488.024:
$3;
(5)
Inmate prisoner detainee security fund surcharge pursuant to RSMo
§ 488.5026: $2;
(6)
Law enforcement training fund surcharge pursuant to RSMo § 488.5336(1):
$2; and
(7)
Missouri Court Automation Fund surcharge pursuant to RSMo § 476.056
and Supreme Court Operating Rule 21.01(a)(4): $7. Such costs shall
be collected by the court administrator of the municipal court and
dispersed at least monthly to the Missouri Court Automation Fund.
[Code 1969, § 15.1-27; Ord. No.
492, § 1, 2-4-1992]
The costs of any action may be assessed against the prosecuting
witness and judgment be rendered against him that he 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.
[Code 1969, § 15.1-28; Ord. No.
492, § 1, 2-4-1992; Ord. No. 588, § 2, 4-4-1995]
(a)
The officials of the municipal court responsible for collecting court costs and fines shall transmit monthly to the City Treasurer, $2 in each court proceeding as provided in § 15-8(a)(2) to be used for the local training of police officers.
(b)
The official of the municipal court responsible for collecting court costs and fine shall transmit monthly to the state treasury, $1 in each court proceeding as provided in § 15-8(a)(2) to be credited to the peace officer standards and training commission fund pursuant to provisions of RSMo § 590.140 and 590.178.
(c)
The City shall use all funds received pursuant to § 15-8(a)(2) only to pay for police officer training as required by RSMo §§ 590.100 to 590.180 inclusive. The City shall not retain more than $1,500 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 general revenue fund of the City.
[Ord. No. 780, § 1, 9-2-2003]
Upon a plea of guilty or a finding of guilty for any violation
of a municipal ordinance involving alcohol or drug-related traffic
offenses, the court may, in addition to imposition of any penalties
provided by ordinance, order the convicted person to reimburse the
police department which made the arrest for the costs associated with
such arrest, including the cost of any chemical test to determine
the alcohol or drug content of the persons's blood and the costs
of processing, charging, booking and holding such person in custody.
(a)
Every person who is committed to the common jail within any county
or municipality in this state, by lawful authority, for any municipal
ordinance violation, if he is convicted thereof, shall bear the expense
of carrying him to the jail and also his support while in jail; and
the property of such person shall be subjected to the payment of such
expenses, and shall be bound therefore, from the time of his commitment
and may be levied on and sold, from time to time, under the order
of the court having jurisdiction in the county to satisfy such expenses.
(b)
On and after April 30, 2018, the City of Butler, Missouri may charge
a fee to each prisoner for each day he serves in a county facility
or another municipal facility if that county or municipality shall
bill the City for that prisoner's confinement. The initial schedule
of charges for prisoner confinement shall be $2 per hour of custody,
with a minimum charge of $10 per day, not to exceed $48 a day, but
such charges may be modified and increased from time to time by agreement
with the Bates County Sheriff's Department. The charge for imprisonment
shall be levied against each prisoner so charged as an additional
court cost. The cost of imprisonment shall include imprisonment upon
a plea of guilty or a finding of guilty, as well as incarceration
because the prisoner's probation has been revoked or because
the prisoner has or allegedly has violated any condition of the prisoner's
probation or if the prisoner is incarcerated upon a warrant from the
police department in regard to any pending action before the municipal
court.
(c)
The City of Butler, Missouri shall contribute the court costs assessed pursuant to § 15-8(a)(5) to help contribute to the inmate security fund of Bates County. The City shall have an agreement with Bates County to collect those funds and direct them to the inmate security fund.
[1]
Editor's Note: This ordinance also repealed former § 15-12,
which pertained to the same subject matter and derived from Ord. No.
780, adopted 9-2-2003, as amended.
