Loading...
HomeMy Public PortalAboutORD09210 i !!BILL NO. // 3 j` Ii INTRODUCED BY COUNCILMAN � . i ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , PROVIDING FOR A MUNICIPAL JUDGE AS A DIVISION OF THE NINETEENTH JUDICIAL CIRCUIT OF THE STATE OF MISSOURI , AND PROVIDING FOR RELATED MATTERS, AND REPEALING SECTIONS 13-1 THROUGH 13-48, INCLUSIVE OF THE CODE OF THE CITY OF JEFFERSON, 1978, AND ALL OTHER ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI , AS FOLLOWS : Section 1. The following provisions among the ordinances of the City of Jefferson, Missouri , are hereby repealed: ® Section 13-1 through Section 13-48 inclusive of the Code of the City of Jefferson, 1978. Section 2. The Code of the City of Jefferson, Missouri, 1978, is amended by the adoption of new provisions to be known as Chapter 13 of the Jefferson City Code, 1978, as amended, to read as follows Chapter 13 Municipal Judge. Section 13-1 Municipal Judge : Establishmentof Position There is hereby established pursuant to the provisions of Section 479.. 020 RSMo 1978, the office of Municipal Judge for the City of Jefferson, Missouri. Section 13-2 Interim Municipal Judge. Upon the effective date of this section, the person who is the Judge of the Municipal Court of the City of Jefferson, Missouri, on the day prior to such effective date shall become the Municipal Judge for the City of Jefferson, Missouri, and shall serve out the term for which he was elected or appointed as such Municipal Judge. Such a person shall continue to receive the compensati n for the duration of such term the compensation which was in effect for him on the day prior to the effective date of this section. Section 13-3 Jurisdiction. The jurisdiction of the Municipal Division shall extend to all cases involving alledged violations of the ordinances of the City. Section 13-4 Selection of a Judge. The Municipal Judge of the City' s Municipal Division shall be known as a Municipal Judge of the Nineteenth Judicial Circuit Court , and shall be selected as follows : ( 1) He shall be elected to his position by the qualified voters of this City, for a term as specified herein. Section 13-5 Term of Office. The Municipal Judge shall hold his office for a period of two (2) years and shall take office biannually on the third Tuesday in April or as otherwis determined by law. If for any reason a Municipal Judge vacates his office, his successor shall complete that term of office, even if the same be for less than two (2) years. Section 13-6 Vacation of Office. The Municipal Judge shall vacate his office under the following circumstances : (1) Upon removal from office by the State Commission on the Retirement , Removal, and Discipline of Judges, as provided in Missouri Supreme Court Rule 12, or (2) Upon attaining his seventy-fifth (75) birthday, or (3) If he should lose his license to practice law within the state of Missouri. Section 13-7 Qualifications for Office. The Municipal Judge shall possess the following qualifications before he shall take office: (1) He shall be a licensed attorney qualified to practice law within the State of Missouri. (2) He shall reside within the City. (3) He shall be a resident of the State of Missouri. (4) He shall be between the ages of twenty-four (24) and seventy-five (75) years. (5) He may serve as Municipal Judge for any other municipality. (6) He may not hold any other office within the City of Jefferson. (7) The Municipal Judge shall be considered holding a part-time position, and as such may accept (within the Code of Judicial Conduct, Missouri Supreme Court Rule 2) other employment. Section 13-8 Superintending Authority. The Municipal Division of the City shall be subject to the rules of the • i, Circuit Court of which it is a part , and to the rules of the I State Supreme Court. The Municipal Division shall be subject I' to the general administrative authority of the Presiding Judge of the Circuit Court , and the Municipal Judge and court personnel of said Municipal Division shall obey his directives Section 13-9 Report to City Council. If the City Council of the City of Jefferson shall request it, the Municipal Judge shall cause to be prepared a report indicating the following: 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 , t ® the names of the defendants committed and the cases where there was an application for trial de novo, respectively. The same shall be prepared under oath by the Municipal Division Clerk, who shall thereafter forward the same to the City Council of the City for examination at its first session thereafter. The Municipal Division Clerk shall, within the ten days after the first of the month, pay to the Municipal Treasurer the full amount of all fines collected during the preceding months, if they have not previously been paid. Section 13-10 Docket and Court Records. The Municipal Judge shall be a conservator of the peace. He shall keep a docket in which he shall enter every case commenced before him and the proceedings therein and he shall keep such other records of the Circuit Court of Cole County. The Municipal Judge shall deliver the docket and records of the Municipal Division, and all books and papers pertaining to his office, to his successor in office or to the presiding Judge of the Circuit . Section 13-11 Municipal Judge; Powers and Duties Generally. The Municipal Judge, pursuant to Section 479. 050 RSMo 1978, shall be and is hereby authorized to: (1) Establish a Traffic Violations Bureau. (2) Administer oaths and enforce due obedience to all orders, rules and judgments made by him, and may fine and imprison for contempt comitted before him while holding court in the same manner and to the same extent as a Circuit Judge. . i II (3) Commute the term of any sentence, stay execution of �I 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 Division. (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 an procedure as are necessary to hear 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. Section 13-12 Traffic Violations Bureau. The City shall provide all expenses incident to the operation of the Traffic Violations Bureau. The Municipal Division Clerk is hereby designated as the Traffic Violations Clerk for said Bureau. Section 13-13 Issuance and Execution of Warrants. All warrants issued by a Municipal Judge shall be directed to the 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 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 endorse , shall be served in other counties, as provided for in warrant in criminal cases. Section 13-14 Arrests Without Warrants. The Chief of Police, or other police officer of the City may, without a warrant , make arrest of any person who commits an offense in his presence, but such officer shall, before the trial, file a written complaint with the Judge hearing violations of Municipal Ordinances. i Section 13-15 Jury Trials._ 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. Wherever a defendant accused of a violation of a Municipal ordinance demands trial by ,jury, the Municipal Judge shall certify the case to the Presiding Judge of the Circuit Court for reassignment , as provided in Section 2 of Section 517. 520, Revised Statutes of Missouri. Section 13-16 Duties of the City's Prosecuting Attorney. It shall be the duty of the City Attorney to prosecute the violations of the City's ordinances before the Municipal AElk Judge or before any Circuit Judge hearing violations of the City' s ordinances. The salary or fees of the Attorney and his necessary expenses incurred in such prosecutions shall be paid by the City. The compensation of such Attorney shall no be contingent upon the result in any case. section 13-17 Summoning of Witnesses. 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 thesame 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 on the day set for trial to testify in the case, and enter the names of such witnesses on his docket, which oral notice shall be vali as summons. Section 13-18 Transfer of Complaint to Associate Circuit Judge. 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 as Municipal Judge he shall immediately stop all further proceedings before him as Municipal Judge and cause the complaint to be made before • some Associate Circuit Judge within the County. f Defendants. If in the opinion Section 13-19 Jailing o D ndant p 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 a prisoner at the same rate as may not or hereafter be allowed to such Sheriff for the keeping of such prisoner in custody. The same shall be taxed as cost. ® Section 13-20 Parole and Probation. Any Judge hearing violations of Municipal ordinances may, when in his 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 said judge. Section 13-21 Right of Appeal. In all cases tried before the Municipal Judge, except where there has been a plea of guilty or where the case has been tried with a jury, the defendant shall have a right of trial de novo, before a Circuit Judge or on assignment before an Associate Circuit Judge. An application for trial de novo shall be filed within ® ten days after judgment and shall be filed in such form and perfected in such manner as provided by Supreme Court rules. Section 13-22 Appeal From Jury Verdicts. 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 appellant court . Section 13-23 Breach of Recognizance. 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 i Municipal Judge, such shall be on the transcript of the I 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. Section 13-24 Disqualification of Municipal Judge From Hearing Particular Case. A Municipal Judge shall be disqualifi ad to hear any case in which he is in any wise interested, or, if before the trial is commenced, the defendant or the prosecutor files an affidavit that the defendent 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 affidavit or disqualification in the same case. Section 13-25 Temporary Municipal Judge. If a Municipal Judge be absent, sick or disqualified from acting, 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 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 months of a General Municipal Election, the office may be filled by a competent , eligible person designated by the Mayor. The compensation of any person designated to act as Municipal Judge under the provisions of this section shall be the same salary, pro rata, as the regular Municipal Judge. Section 13-26 Clerk of Municipal Division. The office of Clerk of the Municipal Division is hereby created, and the duties of said Clerk shall be as follows: (1) To collect such fines for violations of such offense 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. f (4) Sign and issue subpoenas requiring the attendance of witnesses and sign and issue subpoenas ducal tecum. (5) Accept the appearance, waiver of trial and plea of I 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 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 or the Municipality which shall constitute prima facia 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. Section 13-27 Municipal Division Clerk Term of Office; Vacancy in Office. The Clerk of the Municipal Division shall the Ma or be appointed by/and with the consent and approval of the majority of the elected members of the City Council. The Clerk shall serve for a period of one year from and after his appointment , or until his successor is appointed and shall have qualified. In the event of the death, resignation, removal from office, or disability of the person so appointed, the Mayor, by and with the consent and approval of the majority of the members elected to the City Council, may make an interim appointment , and such appointee shall serve the balance of the term of his predecessor in office. Section 13-28 Municipal Division Clerk Bond. The Clerk of the Municipal Division shall post a bond in the sum of $5, 000. 00, such bond to be conditioned upon the faithful performance of the Clerk' s duties. Such bonds shall be approved by the Mayor and shall meet all other requirements of the provisions of this Code or other City ordinances as to bonds of City employees. Section 13-29 Additional Powers and Duties of the Municipal Division Clerk. In addition to those duties set forth in Section 13-25, the Clerk shall obtain and acquire from all police officers issuing traffic tickets or arrest slips to law violators one copy of the original ticket or arrest slip. Each day the Clerk shall collect all fines and costs that may be adjudged against any law violator, together with the other two copies of the traffic ticket or arrest slip issued by the arresting officer. Each day, the Clerk of the Municipal Division shall list on a suitable form in detail the amount of the fines collected, the date of payment , the name of the payer of the fine and the violation for which such fine was assessed. The money paid over to and collected by the Clerk shall be deposited daily in the City depositary to the credit of the City Treasurer. The Clerk of the Municipal Division shall receive from such depositary a deposit slip, which, together with a copy of the form containing the aforementioned data and the two copies of the traffic ticket or two copies of the arrest slip, shall be turned over to the City Clerk. The Clerk of the Municipal Division shall receive all money paid by the law violators for fines assessed by the Municipal Judge. Such Clerk shall be in the office of the Municipal Division between the hours of 9:00 A.M. and 12:00 noon and between the hours of 1 : 00 P.M. and 4: 30 P.M. , legal holidays excepted. The Clerk of the Municipal Division shall make a report each month to the City Council relating to the traffic tickets or arrest slips issued by police officers, the action upon and disposition of such traffic tickets or arrest slips, the amount of such fines and money collected by the Municipal Division Clerk and the disposition of those monies collected into the various funds of the City Treasury. Section 13-30 Deputy Municipal Divison Clerks. Deputy Municipal Division Clerks shall be appointed as necessary for the operation of the Municipal Division of the Circuit Court y and Municipal Traffic Violation Bureau, by the Mayor, with the consent of a majority of the elected members of the City Council. Such persons shall hold their office at the pleasure of the Mayor or until removed by the City Council in accordance with the provisions of this Code or other ordinances of the City. The Deputy Municipal Division Clerks shall assist the Hunicipal Division Clerk in his duties. He shall be a resident of the City, at least twenty-one years of age , and shall have complete high school. Section 13-31 Court Costs. 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 eight dollars ($8. 00). (2) In all cases except for those of non-moving traffic violations, costs for the training of police officers in the amount of two dollars ($2.00) . ® (3) Actual costs assessed against the City by the County Sheriff for apprehension or confinement in the County Jail. (4) 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. Section 13-32 Installment Payment of Fine. 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 may deem appropriate. Section 13-33 Commencement of Action. All City Code and ordinance violations shall be instituted by information and may be based upon a complaint. All informations shall be filed in the Jefferson City Municipal Division of the Nineteenth Judicial Circuit . Section 13-34 Notice To Person Charged. (a) City Attorney to Issue. The City Attorney may issue a notice to the person charged requesting his appearance before him to determin whether or not an information should be filed or a complaint be prosecuted. (b) Form. The form of such notice to persons charged shall be as follows: it-------------- --------------�� i� �j "You are hereby notified that on the day of 1978, a complaint was filed against you by charging you with violationg section of the Code of the City of Jefferson , Mo. , on the f'. day of 19_, by !i f "I request that you voluntarily appear on the day of , 19 , at the Municipal Division Court , City Hall Building, Jefferson City, Mo. , in order that I may be advised of the facts to determine if said complaint should be prosecuted. " Section 13-35 City Attorney May Require Security For Costs. In any complaint made before the Municipal Judge, the City Attorney may, if in his judgment the interest of the City demands it , require the complainant , or party at whose instant the complaint is made, to give security for costs, to be ® approved by the Municipal Judge, before proceeding further with such cause. Section 13-36. Same--City Not Liable For Costs. In no event shall the City be liable for the payment of any costs, fees for board excepted, which may have been incurred in the Municipal Division by virtue of prosecutions instituted for violating this Code or any ordinances of the City. Section 13-37. Same--Towing Charges. Whenever it shall become necessary, as incident to the making of an arrest within the City, to remove the automobile of the person arrested from the streets of the City, the fee therefore shall be reported by the police to the Municipal Judge, which amount shall be taxed as costs in the case and paid as other costs in the case. Section 13-38. Filing of information. The City Attorney shall be promptly informed of any complaint filed. After an investigation, if the City Attorney is satisfied that there are reasonable grounds to believe that an offense has been committed and that a case against the accused can be made, he shall file an information with the judge or court , founded upon or accompanied by such complaint. Section 13-39 Appeals From Bond Forfeiture Judgments. After the entry of a bond forfeiture judgment , the obligors s thereon may appeal from such bond forfeiture judgment to the Court having jurisdiction of appeals, within the time, in the same manner and with like effect as prescribed by law for i appeals in other cases. �I J Section 13-40 Judicial Notice of Ordinances. In the trial of Municipal ordinance violation cases, a copy of the Municipal ordinance certified by the Clerk of the City of Jefferson, Missouri, shall constitute prima facia evidence of such ordinance. If such certified copy is on file with the Clerk serving the Judge hearing the case and readily available for inspection by the parties, the Judge may take judicial notice of such ordinance without further proof. Section 13-41 Compensation. The Municipal Judge of the City of Jefferson, Missouri, shall be paid a salary of $750. 00 per month from the City Treasury. Section 13-42 The City Clerk is directed to forthwith transmit a certified copy of this ordinance to the Circuit 4 r Clerk of Cole County, as required by Section 479. 030 RSMo 1978. Section 13-43 Effective Date. The provisions of Section 13-1 to 13-4 shall take effect January 2, 1979. The provisions of Section 13-4Ishall take effect upon the passage and approval of this ordinance. Pass 9sr A r ident of;' ouncil ly ttes ity erk ,S