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!!BILL NO. // 3
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Ii INTRODUCED BY COUNCILMAN � .
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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the City of Jefferson, Missouri , are hereby repealed: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
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Circuit Court of which it is a part , and to the rules of the
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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 ,
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® 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.
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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.
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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
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Municipal Judge, such shall be on the transcript of the
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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.
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(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
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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
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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:
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"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
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"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
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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.
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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
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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.
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