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HomeMy Public PortalAboutORD06922 •f ORDINANCE NO. Gq-22 AN ORDINANCE REPEATING SECTIONS 1059-1106 OF THE REVISED ORDINANCES OF THE CITY OF JEFFERSON, MISSOURI, 1956 RELATING TO TRIAL OF DEFEND- ANTS IN POLICE COURT, AND ENACTING A NEW ORDINANCE PERTAINING TO THE SAME SUBJECT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, iVIISSOURI, AS FOLLOWS: Section 1. Repeal. Sections 1059-1106 of the Revised Ordinances of the City of Jefferson, Missouri, 1956,•relating to trial of defendants in police court be, and the same is hereby, repealed. Section 2. Police Court, Jurisdiction. The police court of the City of Jefferson shall have exclusive original jurisdiction to hear and determine all complaints of offenses against the ordinance of said city, and is hereby vested with power and authority to inflict upon any person violating said ordinances such fines and imprisonment as may be provided for by ordinance as may be just for any offense, recoverable with cost of suit, together with judgment of im- prisonment until the fine and costs are paid or satisfied. Section 3. Prosecution, Complaint And Information. All city ordinance violations shall be commenced by complaint or information. The city attorney may file an information or a complainant or person authorized by law may make a complaint charging the commission of an offense as hereinafter provided. All .informations and complaints shall be filed in the police court of the city. Section 4. Notice to Person Charged. The city attorney may issue a notice to the person or persons charged requesting their appearance before him to determine whether or not an information should be filed or a complaint be prosecuted. Section 5. Fcrm of Notice to Person Charged. You are hereby notified that on the day of 1 , a complaint was filed against you by charging you with violating Section Revised Ordinances, City of Jefferson, Mo. 1956 on the day of 1 , by I request that you voluntarily appear on the day of , 1 , at the Police 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 6. Complaint,,, Form,, Execution, Filing: A written complaint of the commission of an offense, verified by oath or affirmation, shall be substantially in the following form: COMPLAINT (Reverse Side of Complaint) In the Police Court of Case Court Jefferson City, Missouri No. Date Court Action and Orders City of Jefferson, Plaintiff Bail Fixed at Bondsman _ vs. Attorney Defendant For Defendant Defendant's Addres s 'Warrant Warrant Warrant Ordered Issued Served STATE OF MISSOURI ) ) s s. PLEA: Guilty Finding:E�Puilty CITY OF JEFFERSON Not Guilty Not Guilty NOW COMES Fine: $ Sentence of Probation and being duly sworn, on oath, One maybe satisfied by complains that on or about the Day attending traffic school day of 19__,_•,_, at License Suspended Days. or near within Bond Forfeiture Date: the corporate limits of Jefferson City, No. Amount Expires Deposited Missouri, the above named defendant Remarks: did then and there unlawfully -2- in violation of Section of the Witnesses: revised ordinances of of said City. _ Signature of Judge Subscribed and sworn to before me Continuance this day of ,ig Continued to Transferredto Reason A.M. PO me Filed: A. M. P. M. A. M. Police Judge P. M. Section 7. Information, filing. The city attorney shall be promptly in- formed 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 com- plaint. The information shall be in substantially the following form: INFORMATION (Reverse Side of Information) In the Police Court of Case Court Jefferson City, Missouri No. Date Court Action and Orders City of Jefferson, Plaintiff Bail Fixed at Bondsman vs. Attorney Defendant For Defendant Deffendant's Warrant tllarrant Warrant Address Ordered Issued Served -�Guilty !Guilty STATE OF MISSOURI ) Plea: — :Finding ) s s. �i Not Guilty Crot Guilty CITY OF JEFFERSON ) J Fine: $ Sentence On Information, the undersigned Probation city attorney within and for Jefferson City, Missouri, complains and -3- Informs the Court that on or about the One + 7 may be satisfied by Day attending traffic school day of , 19_0 License Suspended,_ Days. within the corporate limits of Jefferson Bond ForfeitureoDate: . City at or near the No. Amount Expires Deposited above named defendant did then and Remarks: there unlawfully Witnesses: Signature of Judge in violation of Section of the Continuance revised ordinances of of said Continued to rransferred to Reason A. M City. P. M. A. M. (Title of Legal Officer) P. M. & M. Date Filed: ip. 1A. Section 8. Summons - jVaM0nt. When a complaint, verified by oath or affirmation, charging the commission of an offense, of an information executed by the city attorney is filed with the police judge, he shall immediately issue a warrant for the arrest of the accused to any officer authorized by law to execute It if such accused has not been taken into custody on summary arrest. A summons instead of a warrant may issue on the filing of a complaint or information charging the commission of an offense if the judge or city attorney has good reason to believe that the accused will appear in response thereto. In any case in which it is lawful for an officer to arrest a person without a warrant, he may serve such person with a summons instead of arresting the accused. The summons shall describe the offense charged and shall command the accused to appear at a stated time and place in answer thereto. The summons may be served in the same manner as a summons in a civil action. If the accused fails -4- to appear as commanded by the summons, a warrant of arrest shall be issued. Section 9, Summons, Form. In the Police Court of Jefferson City, Missouri City of Jefferson, Missouri, Plaintiff vs Defendant Defendant's Address STATE OF MISSOURI ) ss. CITY OF JEFFERSON ) The City of Jefferson City, Missouri, To The Above Named Defendant: You are hereby summoned to appear personally before this Court at the City Hall Building in Jefferson City, Missouri on the day of 19 at o'clock . M. to Answer a (Complaint - Information) Charging you with If you fail to appear a 'Warrant Will Be Issued For Yoiz Arrest. Given under my hand this day of 19 _ of the Police Court Title of Officer of Jefferson City, Missouri -5- Section 10. jNarrant, Issuance, Form. Any warrant issued upon a com- plaint or information charging the commission of an offense shall be issued under the hand of the judge of the court issuing same. It shall contain the name of the accused or, if his or her name is unknown, any name or description by which the accused can be identified with reasonable certainty. It shall de- scribe the offense charged in the complaint or information. Such warrant need not be sealed. The warrant shall follow substantially the following form: WARRANT WARRANT City of Jefferson, Plaintiff STATE OF MISSOURI ) vs. ) ss. CITY OF JEFFERSON ) Name The City of Jefferson City to the Defendant Defendant's Address Race Sex Marshall of Jefferson City, Missouri, or any duly authorized peace officer of Where Employed the State of Missouri: Business Address Whereas, complaint has been made State Vehicle License Registration No. in the Police Court of Jefferson City, Notify these witnesses Missouri, and/or on sworn information of city attorney of said city that on or about the day of , 19,, at , State of Missouri, STATE OF MISSOURI ) and within the corporate limits of said ss CITY OF JEFFERSON ) city, the within-named defendant did un- I hereby certify that I have lawfully: executed within warrant by arresting the within-named defendant and taking bond in sum of Dollars as security for appearance -6- before a Judge of the Police Court of In violation of Section ____ of the re- Jefferson City. vised ordinances of of said city; This is to certify that I have made You are therefore commanded to forth- diligent search within the corporate with arrest above-named defendant and limits of Jefferson City for the within- named defendant but have been unable bring said defendant before this court to to find same. be dealt with according to law. Done at Jefferson City This Date: Given under my hand this day of 19 Chief of Police Witness notified: Police Judge of the Police Court of Jefferson City, Missouri Peace Officer By Peace Officer Section 11. 'Warrants, Execution by Peace Officer. Any warrant, other than oneissued under the provisions of Section 46 of this ordinance, may be directed to any peace officer of the municipality, the county or any adjoining county in this state and may be executed in any county or municipality therein by a peace officer thereof. The warrant shall be e::ecuted by the arrest of the accused. The officer need not have the warrant in his possession at the time of the arrest but upon request he shall show the warrant to the accused as soon as possible. If the officer does not have the warrant in his possession at the time of the arrest, he shall then inform the accused of the offense charged and of the fact that a warrant has been issued. Section 12. Corporations - Summons. If a corporation is charged with the commission of an offense in any complaint or information, a summons shall be issued thereon which shall recite the substance of the offense charged and shall command the corporation to appear at a time and place stated therein. Such summons shall be served in the manner provided for service on a corporation in a civil action. Section 13. Warrant - Arrested Person Brought Before Judge. Persons arrested under a warrant for any offense shall, as soon as practicable, be brought before the judge out of the court issuing the warrant or, if such judge be absent or his office vacant, then before the person authorized by law to pre- side in said court. The warrant upon which the arrest was made, with a proper return thereon signed by the officer making the arrest, shall be delivered to said court. -7- Section 14. Arrest, Bail, Commitment. Any person arrested upon an information or complaint charging the commission of an offense shall be ad-• mitted to bail by executing a bond to the city, with one or more good and sufficient securities, to be approved by the police judge or city marshall, in an amount not to exceed twice the amount of the highest penalty provided by ordinance for the alleged offense, conditioned that the person will appear on the day named therein before the police court to answer the charge against him, and all bonds taken, as above provided, shall be filed with the police judge by the officer approving or taking same. If the accused fails to furnish satisfactory bail in the required amount, he or she shall be committed to the common jail of the county or of the city where such warrant is issued or other safe place, to be held until discharged by due course of law. 10-then an accused is so committed because of failure to furnish satisfactory bail, the amount of bail required shall be endorsed on the warrant of commitment. Section 15. Bail - Arrest in Another County. If the arrest occurs in a county other than that in which the alleged offense was committed and the warrant issued, the officer making the arrest shall, when requested by the person arrested, take him before a judge of a court in such county or a municipal judge having original jurisdiction to try such offense if it had been committed in said county or municipality, who shall admit the accused to bail in such sum as may seem to be sufficient and proper with sufficient security for his appear- ance before the court issuing the warrant at a time to be stated in the bond. Such bond shall be transmitted to and filed with the court to which the same is returnable. Section 16. Arrest Without Vlarrant - 20 Hour Limit Bail. All persons arrested and held in custody by any peace officer without warrant for the alleged commission of an offense, or on suspicion thereof, shall be discharged from such custody within twenty hours from the time of arrest, unless they be held upon a warrant issued subsequent to such arrest. VAiile so held in custody, every such person shall be permitted to consult with counsel or other persons in his behalf. At any time while so held, if such person so requests, he shall be admitted to bail in an amount deemed sufficient by the police judge. Such admission to bail shall be governed by all applicable provisions of this ordinance. The condition of the bail bond shall be that the person so admitted to bail will appear at a time and place stipulated therein before the police court and from time to time, as required by the police court, to which such bond is returnable, to answer to a complaint or information charging such offense as may be preferred against him. -8- INFORMATIONS AND COMPLAINTS Section 17. Information or Complaint- Form and Sicinature. The in- formation or complaint shall be a plain, concise and definite written statement of the essential facts constituting the offense charged. In Traffic Cases such Information or complaint shall be substantially in the form hereinafter pro- vided in this ordinance as to such cases. An information shall be signed by the city attorney and a complaint by the complainant. Neither need contain a formal commencement, a formal conclusion or any other matter not necessary to such statement of essential facts. Allegations of one count may be in- corporated by reference in another count. Section I B. Information or Complaint - Amendment. The court may per- mit an information or complaint to be amended at any time befc;re verdict or finding if no additional or different offense Is charged and if the substantial rights of the accused are not prejudiced. Section 19. Information or Complaint - Bill of Particulars - Motion - Amendment. When an information or complaint alleges the essential facts constituting the offense charged but fails to inform the defendant of the particulars of the offense sufficiently to enable him to prepare his defense, the court may direct or permit the filing of a bill of particulars. A request for a bill of particulars may be made only before the trial commences. A bill of particulars may be amended at any time upon such conditions as justice requires. Section 20. Information or Complaint - Counts - ",Then Permitted. Counts may be joined in the same information or complaint for offenses arising out of the same general state of facts and circumstances. Section 21. _Information or Complaint - Joint Defendants. All persons charged with the joint commission of an offense may be charged separately or charged in one information or complaint. Section 22. Information or Complaint - Property Jointly Owned. When any offense shall be charged to have been committed upon or in relation to any property belonging to several partners or owners, the information or complaint shall be deemed sufficient if it alleges that such property belonged to any one or more of such partners or owners without naming all of them. Section 23. Information or Complaint - Venue - Statement. It shall not be necessary to state any venue in the body of any information or complaint, but the city named in the margin thereof shall be taken to be the venue for all the facts stated in the body of the same. Section 24. Information or Complaint - Descriptions. In any information or complaint charging an offense against or involving any instrument or property, -9- it shall be sufficient to describe the instrument or property by the name or designation by which it is usually known, without copying or otherwise de- scribing the same, and the value thereof need not be alleged unless such allegation is necessary to charge the offense. Section 25. Information or Complaint - N roncr Name of Defendant: If the information or complaint shall contain the wrong name of the defendant, he shall be proceeded against by such name unless he declare his true name before pleading. If such true name is given, it shall be entered in the minutes of the court, and the trial and all other proceedings shall be had against the defendant under that name, as if he had been informed or com- plained against by his true name. Section 26. Information or Complaint - Omissions - 114isstatements or Other Defects. No information or complaint shall be deemed invalid, nor shall the trial, judgment or other proceedings thereon be stayed, arrested or in any manner affected: First, by reason of the omission or misstatement of the defendant's title, occupation, estate or degree, or of the county or town of his residence; or, second, by omitting to charge any offense to have been contrary to an ordinance, notwithstanding such offense may have been created or the punishment declared by an ordinance; or, third, for the omission of the words "as appears by the record, "; or, fourth, for omitting to state the time at which the offense was committed, in any case where time is not of the essence of the offense; or, fifth, for stating the time imperfectly, or for stating the offense to have been committed on a day subsequent to the filing of the information or complaint, or an impossible day, or on a day that never happened; or, sixth, for want of a statement of the value or price of any matter of thing, or the amount of damages, injury or spoil in any case where the value or price or the amount of damages, injury or spoil is not of the essence of the offense; or, seventh, for the want of an allegation of the time or place of any material fact, when the time and place have once been stated in the information of complaint; or, eighth, that dates and numbers are represented by figures; or, ninth, for any surplusage or repugnant allegation when there is sufficient matter alleged to indicate the offense and person charged or for want of the averment of any matter not necessary to be proved; or, tenth, for any other defect or imperfection which does not tend to the prejudice of the substantial rights of the defendant upon the merits: Provided, that nothing herein shall be so construed as to render valid any information or complaint which does not fully inform the defendant of the offense of which he stands charged. Section 27. Two Informations or Complaints for Same Offense. If there be at any time pending against the same defendant two informations or two complaints for the same offense, the information or complaint first filed shall be deemed to be suspended by the second information or complaint. -10- Section 28. Information or ComQlaint - Amendment - Continuance. No amendment of the information or complaint provided for by this ordinance shall cause a delay of the trial unless the defendant shall satisfy the court that such amendment has made it necessary that he have additional time in which to prepare his defense. Section 29. Information or Complaint - Filing - Signature - Verificat on., Informations or complaints may be filed by the city attorney or by the com- plainant with the court having jurisdiction of the offense charged or with the clerk thereof. An information shall be signed by the city attorney and it shall be sufficient if he aver that the same is filed upon his official oath. A com- plaint shall be signed and verified by the oath of any person competent to testify as a witness in the case before any judge or other officer authorized to administer an oath. Section 30. Information or Complaint - Loss or Destruction - Copy. When an information or complaint has been lost or destroyed a copy thereof certified by the clerk of the court or the city attorney may be substituted and the case shall proceed without delay from that cause. Section 31. Information or Complaint - Two Informations or Complaints. Where two or more informations or complaints are filed against the same per- sons, one warrant shall be issued which shall enumerate the several offenses charged. The warrant may be reissued from time to time by order of the court or the city attorney. ARRAIGNMENT AND MATTERS BEFORE TRIAL Section 32. Informations and Complaints - "When Tried. Defendants charged by informations or complaints shall be tried on the first court day as soon as reasonably possible unless the trial be continued for good cause. Section 33. Information or Complaint - Copy to Defendant. Whenever an information or complaint is filed, it shall be the duty of the court or clerk, upon the request of the defendant or his counsel, to permit an inspection and the making of copy thereof. Section 34. Information or Complaint - Time for Defendant to Obtain Counsel and Plead. The defendant in an information or complaint shall not be required to plead thereto until he shall have had a reasonable time in which to examine the same, to obtain counsel and to determine his plea. Section 35. Arraignment - Plea - Duty of Court. Arraignment shall be conducted in open court and shall consist of reading the information or com- plaint to the defendant or stating to him the substance of the charge and -11- calling upon him to plead thereto. A defendant may plead not guilty or guilty. The court may refuse to accept a plea of guilty and shall not accept such plea without first determining that the plea is made voluntarily with an understanding of the nature of the charge. If a defendant refuses to plead or pleads equivo- cally, or if the court refuses to accept a plea of guilty, or if a defendant cor- poration fails to appear, the court shall enter a plea of not guilty. If a defen- dant is tried as if he had been arraigned and entered a plea of not guilty, the failure of the record to show arraignment and the entry of such plea shall not invalidate any judgment entered. The defendant shall be entitled to change a plea of not guilty to guilty at any time before verdict or sentence. He shall be permitted to change a plea of guilty to one of not guilty only by permission of the court. Section 36. Pleadings and Motions. Pleadings and motions before trial shall be in accordance with the practice and procedure provided for in civil rases insofar as applicable. Such motions may be oral and informal and the court shall rule on all motions prior to judgment. Section 37. Continuances. Continuances may be granted to either party for good cause shown, and the court, on its own motion, may postpone the trial for good and sufficient reasons. Section 38. Depositions. Depositions may be taken and used by any defendant in the same manner and to the same extent as in civil cases. Section 39. Witnesses - Process. The prosecution and the defendant shall be entitled to process for witnesses to be issued by the judge or the clerk of the court and directed to the sheriff of any county cr any peace officer of any municipality in the state in which such witness may be as in civil cases. Section 40. Subpoena - Service - Disobedience. Service and return of service of subpoenas shall be made in the same manner as provided for in civil suits. Disobedience to any such subpoena shall be punished in the same manner and upon like proceedings as provided by law in civil cases; and every delinquent witness shall be liable to the party at whose instance he was sub- poenaed in the same manner and to the same extent as in cases of witnesses subpoenaed in a civil suit. Section 41. Witnesses - Continued Obligation to Attend. Whenever a witness has been once subpoenaed he shall attend under the same as such witness, from time to time, until the case be disposed of in such court or any other court to which such case is duly transferred or he be finally discharged by the court; and he shall be liable to attachment for any default or failure to appear as such witness. -12- Section 42. Subpoena Duces Tecum - Motion to Quash - Production and Inspection,, A subpoena duces tecum may be issued by the court or the clerk thereof, upon application of either party, commanding the person to whom it Is directed to produce the books, papers, documents or other objects designated therein. The court, on motion made promptly, may quash or modify the subpoena if compliance would be illegal, unreasonable or oppressive. The court may direct that books, papers, documents or objects designated in the subpoena be produced before the court at a time prior to the trial or prior to the time when they are to be offered in evidence and may, upon their production, permit the books, papers, documents or objects or portions thereof to be inspected by the parties and their attorneys. Section 43. I itnesses - Tender of Fees Not Required. It shall not be necessary at or prior to the trial to pay or tender any fees to any witness sub- poenaed on the part of either the prosecution or the defendant unless compelled to attend at a greater distance than forty miles from his place of residence; but every such witness to whom such tender has been made shall be bound to attend and be liable for his nonattendance in the same manner as if the fees allowed to him as a witness in civil cases had been duly paid. TRAFFIC CASES Section 44. Complaint - Information - Summons - Form - Use - Records and Reports. (a) Form. In Traffic Cases, the complaint or information and sum- mons shall be in the form, known as the "Uniform Traffic Ticket" substantially the same as set out in Section of this ordinance. The Uniform Traffic Ticket shall consist of four parts: (1) the complaint or information printed on white paper; (2) the abstract of court record for state licensing authority which shall be a copy of the complaint or information printed on yellow paper; (3) the police record, which shall be a copy of the complaint or information printed on pink paper; and (4) the summons printed on white stock. Their reverse sides shall be as set out in saidform. The notice and appearance, plea of guilty and waiver shall be printed on the summons. (b) When Used. The complaint or information form shall be used in Traffic Cases, whether the complaint is made by a peace officer or by any other person or the information is made by the city attorney. (c) Records and Reports. The police judge and clerk of the police court shall be responsible for all Uniform Traffic Tickets issued to law en- forcement officers or others in his jurisdiction and for their proper disposition. Nothing herein shall be construed to prevent a judge from delegating the above duties to a governmental agency. -13- Section 44 A. Uniform Traffic Ticket F2rm. The Uniform Traffic Ticket to be used in Traffic Cases shall be in substantially the following form: MISSOURI UNIFORM TRAFFIC TICKET STATE OF MISSOURI ) COMPLAINT & INFORMATION COUNTY OF COLE ) ss. NO. CITY OF JEFFERSON ) IN THE MUNICIPAL POLICE COURT OF JEFFERSON CITY, MISSOURI THE UNDERSIGNED PEACE OFFICER COMPLAINS AND STATES THAT ON OR ABOUT AT OR NEAR (LOCATION) AT (TIME) A.M. P. lain _ WITHIN T-RE CITY, COUNTY AND STATE AFORESALD NAME HEIGHT WEIGHT ADDRESS RACE SEX CITY STATE BIRTH DATE DRIVER'S LICENSE NO. EMPLOYER DID OPERATE PARK VEHICLE NMI BODY STYLE UNLAWFULLY ,;7'ATE LICENSE NO. I YEAR CITY LICENSE NO. YEAR AidD THEN AND THERE DID COMMIT FOLLOWING OFFENSE; TO WIT: SfX PRINCIPAL CAUSES OF ACCIDENTS: SP.LEDING PACE AUTO RADAR WATCH DRIVING MPH IN MPH ZONE L/ /j Q jf/ DISOBEYED SIGNAL Past Middle of Middle of _ Not Reached (when light turned red) Q Intersection Q Intersection L/ Intersection DISOBEYED Stopped Walk Speed Faster STOP SIGN Q Wrong Place 0 0 IMPROPER TURN into Cut From Q Q Q Q No Signal Q Wrong QCorner QWrong Prohi_ LEFT RIGHT "U" Lane Lane bited !MPROPER IMPROPER At Intersection Q Cut In Q On Hill PASSING LANE USE Between Traffic . Q On Right Q Wrong Side of Q Q Lane Straddling Q Wrong Lane Pavement On Curve OTHER VIOLATIONS (Describe): _ PARKING Parked Meter Parked in Other VIOLATIONS: 0 Over- No. 0 Prohibited a (Describe time Place below ): (Describe below: -13a- MISSOURI UNIFORM TRAFFIC TICKET (Continued) Describe Violation: CONDITIONS ( SLIPPERY PAVEMENT CAUSED PERSON TO DODGE JUST MISSED WHICH ( Rain Snow Ice Pedestrian Operator ACCIDENT INCREASED ( Q Q � Q SERIOUSNESS ( Visibility Rain Area: Residen- In Accident OF THE ( Night Fog Snow Business School tial Pedestrian VIOLATION: ( Q Q Q Q Q Q Vehicle ( Othsr Traffic Present Rural Other Intersection ( Cross Same Directtcn Q Q Q ( U Q Road Type: Right Angle ( Oncoming Pedestrian Q ian 2-Lane 3-Lane 4-Lane Q o Head On In Violation of Ordinance or Sec. 4-Lane 6-Lane Sideswipe of the Ordinances as Revised or Divided Divided Rear End Q Amended. Q Q Ran off Road Q Hit Fixed Object Q Above Complaint is True as I Verily Believe. OFFICER NO. SUBSCRIBED AND SWORN TO BEFORE ME 'PHIS DATE NAME & TITLE DATE ON INFORMATION UNDERSIGNED PROSECUTOR COMPLAINS AND INFORMS COURT THAT ABOVE FACTS ARE TRUE AS HE VERILY BELIEVES NAME & TITLE I PROMISE TO APPEAR AT (TIME) COURT DATE COURT A.M. ADDRESS DEFENDANT'S SIGNATURE P. IN% -13b- Section 45. Improper sposition of Traffic. Ticket - Contempt of Court. Any person who solicits or aids in the disposition of a traffic ticket or summons in any manner other than that authorized by the court shall be proceeded against for criminal contempt in the manner provided by law. Section 46. Procedure on Failure to Appear - Warrant - Notice. (a) The court may direct the issuance of a warrant for the arrest of any resident of this state, or any nonresident upon whom process may be served in this state, who fails to appear and answer a traffic ticket or summons lawfully served upon him and against whom a complaint or information has been filed. Such warrant may be directed to any peace officer of the state and may be executed in any county in this state. If the warrant is not executed within 30 days after issue, the court shall then place the case in an inactive file or docket, subject to being re- opened if thereafter the defendant appears or such warrant is executed. (b) If a defendant is not a resident of this state or is not a resident of the county in which the alleged offense was committed or of any adjoining county in this state and fails to appear or answer a traffic ticket or summons lawfully served upon him and upon which a complaint or information has been filed within 30 days after the return date of the ticket or summons, the court shall mail a notice to the defendant at the address stated in the complaint or information. The mailing of the notice in parking cases shall be discretionary with the court. If the defendant fails to appear or otherwise answer within 30 days after the mailing of the notice, or in parking cases if no notice is mailed within 60 days after the return date of the ticket or summons, the court shall place such case in an inactive file or docket, subject to being reopened if thereafter the defendant appears or the warrant provided for in Par. (a) of this section is issued and executed. Section 47. Traffic Cases Tried Separately - Calendar. Insofar as practicable, traffic cases shall be tried separate and apart from other cases. Where a court has designated a particular session as a traffic session, traffic cases shall be tried only in such session, except for good cause shown. TRIAL Section 48. Practice same as in Circuit Court. All proceedings upon the trial of offenses in police court shall be governed by the practice in crim- inal cases in circuit courts, so far as the same may be applicable, and in respect to which no provision is made by law or this ordinance; provided, no instructions or declarations of law shall be required in jury cases if trial by jury is authorized by law. -14- Section 49. Procedure jl2on Plea of Guilty. If the defendant pleads guilty, the judge shall assess the punishment and enter the proper judgment and for this purpose may hear evidence touching on the nature of the case, or otherwise ascertain the facts thereof, and after such hearing may, in his dis- cretion, refuse to accept the plea. Section 50. Issues of Fact. (a) All issues of fact shall be tried by the judge except where trial by jury is authorized by law and the defendant or his attorney requests a trial by jury. (b) 'Where trial by jury is requested by the defendant or his attorney, such trial shall be had before a jury of twelve persons, unless a less number shall be agreed upon, but not less than six. If a jury be demanded, the police judge shall cause sufficient persons to be summoned, whose qualifications shall be as hereinafter specified, to total six persons in addition to the necessary number of jurors required for the case. The city and the defendant shall each have three peremptory challenges. The city shall make its challenges first. The remaining members of the panel shall compose the jury and be sworn to try the case. If the parties fail to use all of their challenges, the names of the number of jurors required to try the case shall be called in the order originally called before voir dire. (c) In cases tried by a jury the judge shall not comment on the facts. The judge may, with the consent of all parties, answer questions asked by Jurors pertaining to the law applicable to the case. Section 51. Qualifications of Jurors. Every juror shall be a citizen of the state, a resident of the city, sober and intelligent, of a good reputation, over twenty-one years of age and otherwise qualified. Section 52. Venire to Issue. Upon a jury being demanded the police judge shall issue his venire, returnable forthwith, or at the time which may be set for trial. Section 53. Marshall to Serve Venire. The venire so issued shall be served by the city marshal, assistant marshal or any regular policeman. Section 54. Duty of Jurors. The jury shall sit together during the trial of the case and shall determine the facts and render a verdict. They may decide the case in the jury box or retire to some convenient room or place to deliberate upon their verdict, during which time they shall not communicate with anyone upon any matter pertaining to the case. -15- Section 55. Order of Trial. (a) 'Where trial by jury is authorized by law and the defendant or his attorney requests, a qualified jury, selected as provided by law, shall be sworn well and truly to try the case. (b) Unless both parties waive opening statements, the prosecutor shall make the opening statement outlining the evidence which will be offered by the prosecution, and the counsel for the defendant may immediately there- after make the opening statement for the defendant or he may reserve such opening statement until after the conclusion of the prosecution's case-in-chief. (c) The prosecutor shall submit evidence in support of the prosecution. (d) If the defendant's counsel shall have reserved his opening state- ment until the close of the prosecution's case-in-chief, he may then state the case for the defense; if such statement has already been made, he may then offer evidence in support thereof or he may, by proper motion, challenge the sufficiency of the prosecution's case-in-chief to sustain a conviction. (e) The parties may thereafter respectively offer testimony in re- buttal only unless the court, for good cause shown or believing that the in- terests of justice will be best served thereby, permits the parties to offer evidence upon their original cases. (f) Unless both parties waive arg-ument and agree that the cause be decided by the court or submitted to the jury without argument, the prosecutor shall make the opening argument and the counsel for the defendant may follow and the prosecutor may conclude the argument. The length of time of all arguments shall be fixed by the court in its discretion and announced before AM the arguments are commenced; provided equal time shall be allowed each party. Section 56. Civil Procedure Applicable - iitnesses - Oaths - Contempt. The procedure prescribed by law in civil cases in respect to compelling the attendance and testimony of witnesses, the administration of oaths and affirmations and proceedings as for contempt to enforce the remedies and pro- tect the rights of the parties, shall apply to and govern police court cases so far as they are applicable thereto and except as may be provided otherwise by this ordinance or by law. Section 57. Conduct of Trial. All trials shall be held in open court and shall be conducted in an orderly manner according to law. Questions pertaining to the conduct of the trial, not covered by law or this ordinance shall be determined by the sound discretion of the trial judge. -16- Section 58. Amendment of Record During Trial or .Upon Appeal. No pro- ceedings shall be dismissed nor the defendant discharged by reason of any informality or irregularity in the process, information or complaint; but such process, information or complaint may be amended by leave of court, without prejudice to the proceedings, at any time before the final submission of the cause in the court of first instance or on appeal when tried de novo. The judge may, upon request of either counsel or on his own motion, make such amendments to the process, information or the complaint by correcting the original process, information or complaint by adding, striking out or changing certain words therein, or by requesting the municipality to submit an amended process, information or complaint. Section 59. Joint Trial of Defendants and Informations and Complaints. When two or more defendants are separately or jointly charged by information or complaint of an offense arising out of the same general state of facts and circumstances, such defendants may be tried separately or jointly, except that where a defendant requests a severance he shall be tried separately. Where one defendant is charged on several counts in the same information or complaint, or by separate informations or complaints, or by separate informations or complaints of several offenses, arising out of the same general state of facts and circumstances, such counts or informations and complaints may be tried separately or jointly in the discretion of the court. Section 60. Failure of Defendant or 'Wife to Testify. If the accused shall not avail himself or herself of his or her right to testify, or of the testimony of the wife or husband, on the trial in the case, it shall not be con- strued to affect the innocence or guilt of the accused, nor shall the same raise any presumption of guilt, nor be referred to by any party or attorney in the case, nor be considered by the court or jury before whom the trial takes place. Section 61. Motion far Judgment of Acquittal. Motions for directed verdict are abolished and motions for judgment of acquittal are substituted in their place. The court either on motion of a defendant, or its own motion, shall order entry of judgment of acquittal of one or more offenses charged by complaint or information if, after the evidence on either side is closed, the court concludes as a matter of law that such evidence is not sufficient to sustain a judgment of conviction of such offense or offenses. If a defendant's motion for judgment of acquittal at the close of the prosecution's case-in- chief is not granted, the defendant may offer evidence without having reserved the right. -17- VERDICT, 7UDCMEN,T.,SENTENCE AND NEW TRIAL Section 62. Verdict of Jury, (a) When all the members of the jury have agreed upon a verdict of guilty or not guilty, it must be signed by the foreman and returned by the jury to the judge in open court, (b) when a verdict is returned and before it is recorded, the jury shall be polled at the request of any party or upon the court's own motion. If at the conclusion of the poll all of the Jurors do not concur, the jury may be directed to retire for further deliberations or may be discharged by the court. Section 63. Verdict -- Assessment of Punishment. In all cases of a ver- dict of conviction for any offense where by law there is any alternative or discretion as to the kind or extent of punishment to be inflicted, the jury may assess and declare the punishment in its verdict, and the court shall render a judgment according to such verdict, except as is otherwise provided in this ordinance. When several defendants are jointly tried, the punishment of each, In case of conviction, must be assessed separately. Section 64. Form of Verdict. The verdict shall be substantially in one of the following forms: (a) "We, the jury, find the defendant guilty as charged in the Information and do assess against a fine of dollars. _/s/ Foreman " (b) "Vie, the jury, find the defendant guilty as charged in the in- formation and do assess against days imprisonment In jail. /s/ Foreman" (c) "We, the jury, find the defendant guilty as charged in the information and do assess against a fine of dollars and days imprisonment in jail. Foreman" (d) "We, the jury, find the defendant not guilty as charged in the information. /s/ Foreman" -18- Section 65. Punishment - Court May Assess, tiVhen. Where the jury agrees upon a verdict of guilty but fails to agree upon the punishment to be Inflicted or does not declare such punishment by its verdict, the court shall assess and declare the punishment and render judgment accordingly. Where the jury finds a verdict of guilty and assesses a punishment not authorized by law, and in all cases of judgment by confession or upon a plea of guilty or in which trial by jury is waived, the court shall assess and declare the punishment and render judgment acccrdingly. Section 66. Punishment - Reduction by Court. The court shall have power, in all cases of conviction, to reduce the extent or duration of the punishment assessed by the jury if, in the court's opinion, the conviction was proper but the punishment assessed was greater than, under the circumstances of the case, ought to be inflicted. Section 67. Punishment Below Legal Limit. If the jury assesses a punishment, whether of imprisonment or fine, below the limit prescribed by law for the offense of which the defendant is convicted, the court shall assess and declare the punishment and render judgment according to the lowest limit pre- scribed by law in such cases. Section 68. Punishment Exceeding Legal Limit. If the jury assesses a punishment, whether of imprisonment or fine, greater than the highest limit prescribed by law for the offense of which it convicts the defendant, the court shall disregard the excess and declare the punishment and render judgment according to the highest limit prescribed by law in such cases. Section 69. Judgment - Sentence - Commitment - Bail - Recommendation for Probation. (a) If the defendant is acquitted, judgment shall be rendered im- mediately. If the defendant is convicted, sentence shall be imposed and judgment rendered without unreasonable delay. Pending sentence the court shall commit the defendant unless he applies for bail, in which case the defendant shall be admitted to bail or the court shall continue or alter his bail. (b) The police judge may recommend to the mayor the granting of a pardon, probation or parole for any defendant convicted and sentenced in such court. Section 70. Judgment and Sentence - Presence of Defendant - Warrant for Arrest. The defendant must be personally present when sentence and judgment are pronounced unless the court, upon request, consents to the absence of the defendant. If the defendant is in custody, he must be brought before the court for judgment and sentence; if he is not present when his per- sonal attendance is necessary, the court may order the issuance of a warrant for his arrest. -19- Section 71. judgment and Sentence - How Rendered and Pronounced. If the punishment is assessed by a jury, when the defendant appears for judg- ment and sentence he should be informed by the court of the verdict of the jury and asked whether he has any legal cause to show why judgment and sentence should not be pronounced against him; and if no such sufficient cause be shown, the court must render the proper judgment and pronounce sentence thereon. The requirements of this section shall be deemed directory and the omission to comply with it shall not invalidate the judgment of the court. Section 72. Judgment and Sentence- Duty of Judge and Clerk. When- ever a judgment upon a conviction shall be rendered in any court, the judge or clerk of such court shall enter such judgment on the court record, stating briefly the offense for which such conviction shall have been had; but the omission of this duty, either by the judge or clerk, shall in no wise affect or impair the validity of the judgment. Section 73. Sentence - Transcript to Chief of Police - Execution, a judgment of fine or imprisonment shall be pronounced, the clerk of the court shall, as soon as may be, make out and deliver to the chief of police a transcript of the entry of the judgment, duly certified by such clerk, except in cases in which only a fine was imposed which has been paid, which shall be sufficient authority to such chief of police or sheriff to execute the sentence and he shall execute the same accordingly. A judgment against a corporation shall be enforced in the same manner as a judgment against a corporation in a civil action. Section 74. Judgment - Commutation. After commitment of a defendant to serve a sentence of imprisonment the Mayor may commute the term of the sentence to the time then served by the defendant to permit the release and delivery of the defendant to other authorities to stand trial on other charges or for parole violation. Section 75. Motion for New Trial - Not Required but Permitted. No motion for a new trial shall be required as a condition for review on appeal. An appeal shall be granted as a matter of course on compliance with the pro- visions of this ordinance. !\Lotions for a new trial may be filed within the time permitted for appeal and shall be considered and ruling made thereon by the court before the time for appeal expires in accordance with the findings of the court as to the commission of any substantial errors in the trial of the case and the judgment and sentence. Section 76. judgment Set Aside. The court may, for cause of its own initiative or on motion of the defendant or city attorney, set aside the judgment of conviction before the time for appeal expires and before an appeal is taken. -20- Section 77. Judgment Set Aside - Disposition of Defendant,_ When a judgment of conviction is set aside and there is reasonable ground to believe that the defendant can be convicted of the offense charged, the court shall set the case for retrial and may order the defendant to be recommitted or ad- mitted to bail anew to answer the charge; otherwise the court shall discharge the defendant. Section 78. Sentence. Stay of - Six Months Limit - Bond. The court in which any judgment, whether of imprisonment or fine, was rendered may, for good cause shown, by an order entered of record and signed by the judge, grant a stay of execution upon such judgment or portion thereof for a specified period or periods of time, not to exceed six months, upon the defendant entering into a bond conditioned upon his surrendering himself in execution upon such judgment on a day to be specified in such order. Section 79. Plea of Guilty - Motion to 'Withdraw. A motion to withdraw a plea of guilty may be made only before judgment is entered thereon or, in the event of stay of execution under Section 78 of this ordinance, during the period or periods of such stay; but in either event, to correct manifest injustice, the court may, within ten days, set aside the judgment and permit the defendant to withdraw the plea. APPEALS Section 80. Appeal -_Right - Time - Appellate Court. The defendant and the City of Jefferson shall be entitled to appeal from a judgment to the circuit court of Cole County, N-lissouri. Such appeals shall be taken in the time and manner provided by statutes relating to appeals from judgments of magistrates in cases of misdemeanors. Section 81. Appeal - Bail. Pending appeal, a defendant shall be entitled to be admitted to bail as provided elsewhere in this ordinance and by law. If application therefor is made to the judge or clerk of the court after the appeal is perfected and before the transcript and papers in the case are filed in the office of the clerk of the circuit court, but in any event not later than the time provided by law for filing such transcript and papers after an appeal is taken, the judge shall admit the defendant to bail in such amount as the court shall deem proper or as provided by law. The condition of the bond shall be that the defendant will appear in the court having jurisdiction of the appeal, from time to time as required by such court, to answer the charge; that he will sub- mit himself to the orders, judgment, sentence and process of said court originally or other court upon change of venue; and that he will not depart without leave. After the transcript and papers have been filed in the office of the clerk of the circuit court, or after the expiration of the time provided for the filing of such transcript and papers, the defendant shall be admitted to -21- bail in such court in accordance with the provisions of this ordinance in the same manner and to the same extent as if the prosecution had originated in such court. No bond shall be required of the city upon an appeal by the municipality. Section 82. Appeal - Record - Bond - Docketing. Within the time pro- vided by law after an appeal is taken, the clerk of the court shall file in the office of the clerk of the circuit court a transcript of the record duly certified by the judge or the clerk as provided by law, together with all of the original papers filed, including the bail bonds of witnesses and the appeal bond of the defendant and any cash or bonds given as security upon any such bail or appeal bond as provided for by law or this ordinance„ The failure of the clerk to file such transcript and papers within the time prescribed shall not affect the appeal. The clerk of the circuit court shall file such transcript and papers and enter the case on the court docket; and thereafter the case shall be tried as soon as practicable. Section 83. Appeal - Stay of Execution - Bail. Execution of the judgment rendered in the police court shall be stayed if an appeal is taken and if the defendant is admitted to bail pending the appeal. Section 84. Appeal - Custody. If the defendant is not so admitted to bail pending appeal, he shall remain in custody or be committed to abide the determination of the case in the circuit court. Section 85. Appeal - Witnesses. When an appeal is taken, the judge may require any material witness to give bail in an amount not exceeding $50, conditioned upon the witness' appearance to testify in the circuit court from time to time as may be required by such circuit court. Section 86. Appeal - Trial. After an appeal from a judgment rendered in police court has been entered upon the docket of the circuit court, the case shall be heard, tried and determined de novo in such circuit court as though the prosecution had originated in circuit court. If the defendant shall be con- victed in such court, the judgment entered upon the finding or verdict shall assess the costs in both the police and circuit court in the manner provided by law. PRESENCE OF DEFENDANT AND RIGHT TO COUNSEL Section 87. Right to Counsel. In every prosecution in police court, the defendant shall have the right to appear and defend in person and by counsel Section 88. Presence of Defendant - When Required. No person shall either be tried or permitted to enter a plea of guilty unless he be personally -22- Present or he court consent to such trial or plea in the defendant's absence. The defendant's presence in court shall not be required in the event of a re- duction of sentence. Section 89. Verdict - Absence of Defendant. The verdict of the jury may be received by the court and entered upon the record in the absence of the defendant in any case where such absence is willful or voluntary on the part of defendant, and when so received and entered shall have the same force and effect as if received and entered in defendant's presence. Section 90. Presence of Defendant - Presum tion. Whenever the trans- cript on appeal shows that the defendant was present at the commencement of or at any.other stage of the trial, it shall be presumed, in the absence of evidence in the record to the contrary, that he was present during the entire trial. Section 91. Counsel - Right to Consult. Every person arrested and held in custody by any peace officer in any jail, police station or any other place, upon or without a warrant or other process for the alleged commission of an offense or upon suspicion thereof, shall be permitted to consult with counsel or other persons in his behalf at all times and, for such purposes, to use a telephone if one be available. DISQUALIFICATION OF JUDGE Section 92. Judge, Disqualification. In any case pending in the police court, the judge thereof shall be deemed incompetent and disqualified to hear and try the case when he is in anywise interested or prejudiced. The judge, of his own initiative, may enter an order disqualifying himself; and he may also disqualify himself under the provisions of this rule if, before the jury is sworn or the trial is commenced, the defendant or the city attorney files an affidavit that the defendant or the city, as the case may be, cannot have a fair and impartial trial by reason of the interest or prejudice of the judge or for other grounds provided by law. Only one such affidavit shall be filed by the same party in the case. Section 93. Judge, Disqualification - Another Judge. Whenever a judge is disqualified, said judge shall forthwith make an order transferring and re- moving the case to the magistrate judge or circuit judgo of Cole County, Missouri to hear such case. -23- TIME - COMPUTATION AND ENLARGEMENT - SERVICE AND FILING OF PAPERS Section 94. Time - Rules Applicable. (a) In computing any period of time prescribed or allowed by this ordinance, by order of court or by any applicable law, the day of the act, event or default after which the designated period of time begins to run is not to be counted or included, and the last day of the prescribed or allowed period so computed is to be counted and included, unless such last day be a Sunday or a legal holiday, in which event the period runs until the end of the next day which is neither a Sunday nor a legal holiday. "N-hen the allowed period is less than seven days, intermediate Sundays and legal holidays, if any, shall be excluded in the computation. (b) Whenever by this ordinance or by a notice given thereunder or by order of court an act is required or allowed to be done at or within a specified time, the court, for good cause shown, may at any time in its discretion: (1) with or without motion or notice order the period enlarged if application there- for is made before the expiration of the period originally prescribed or as ex- tended by a previous order; or (2) upon motion and notice permit the act to be done after the expiration of the specified period where the failure to act was the result of excusable neglect; but the court may not enlarge the period for filing a motion for new trial or for taking an appeal as provided for in this ordinance. Section 95. Motions and Applications - Notice - Service. Reasonable notice shall be given to the opposing party or attorney of record of all motions and applications other than those ex parte. Vdhere a motion or application is supported by an affidavit, a copy of such affidavit shall be served with the motion or application. Section 96. Courts Always Open. The courts shall be deemed always open for the purposes of filing proper papers, the issuance and return of process, and of making motions, applications and orders. BAIL AND SURETIES Section 97. Bail - Right and Authority to Admit to Bail. Subject to the provisions of Section 14E of this ordinance a .defendant, upon arrest, shall be entitled and admitted to bail by sufficient surety or sureties or cash bond in a reasonable amount. (a) judge or Clerk - By the judge 'of the court in which the complaint or information is pending or by the clerk thereof if the judge is absent or the -24- court is not In cession or when so authorized or directed by the judge. (b) Peace Officer - By any peace officer having custody of the defendant when the amount of bail is endorsed by the judge or the clerk on the warrant of arrest or commitment in the amount so specified. 'YVben no amount of bail is fixed or specified by the court and when otherwise authorized by law, the peace officer shall admit the defendant to bail by sufficient surety or sureties or by a cash bond in a reasonable amount not In excess of $200. 00 and subject to modification by the court having jurisdiction of the charge. Section 98. Bail - Bond - Sureties - Security. A person required or per- mitted to give bail shall execute a bond for his appearance. One or more sureties may be required; cash or negotiable bonds of the United States, the State cf Missouri, or any political subdivision of the State of Missouri may be accepted and, in proper cases, no security may be required of a defendant or a witness who has been required to give bail for his appearance. Section 99. Bail - Conditions of (a) If a person is admitted to bail after arrest, the condition of the bond shall be that the defendant will appear at a stipulated time and from time to time as required by the court to answer the charge, will submit to the orders, judgment, sentence and process of the court and will not depart without leave. (b) If a person is admitted to bail on appeal, the condition of the bond shall be that the defendant will appear in the court having jurisdiction of the appeal at a stipulated time and from time to time as required by said court to answer the charge, will submit to the orders, judgment, sentence and pro- cess of the court having jurisdiction of the appeal, either originally or upon change of venue, and will not depart without leave. Section 100. Bail - Rearrest of Defendant. The police judge may, by an order entered of record, direct the arrest of the defendant who is at large on bail for commitment in the following cases: 1. When there has been a breach of the condition of the bond; 2. When it appears that the sureties or any of them are dead or cannot be found or are insufficient or have ceased to be residents of the state; 3. When the court is satisfied that bail should be provided or increased or new or additional security required. Section 101. Bail - Rearrest of Defendant - Warrant - Fixing Amount. Upon the entry of the order of arrest provided for in Section 100 of this ordinance a warrant shall be issued by the clerk of the court which shall be directed to -25- any peace officer of this state and executed in any municipality or county in this state. The court shall fix the amount of bail and shall admit the defendant to bail upon defendant furnishing satisfactory security. Section 102. Ball uction - Notice. Upon application of the defend- ant and after reasonable notice to the city attorney, the court may, in a proper case, reduce the amount of bail previously required of the defendant. In such case, if the defendant is at large on bail, the court shall release the bail previously furnished upon defendant furnishing new bail in the reduced amount with satisfactory security. Section 103. Bonds - Where Filed - Certification by Peace Officer - Cash Bonds. All bonds taken in court by the judge or the clerk thereof shall be filed by the clerk of the court in which the defendant is required to appear under the condition thereof. All bonds taken by any peace officer shall be certified by such officer and transmitted forthwith to the clerk of the court in which the defendant is required to appear under the condition thereof. When cash or negotiable bonds are taken as security for any bond, such security shall be delivered forthwith to the clerk of the court and deposited by him for safe keeping in the registry of the court. Any bond taken under the provisions of Section 16 of this ordinance shall be enforceable in the court in which defendant is required to appear under the condition thereof to the same extent as if a charge, upon complaint or information, had been pending therein at the time such bond was executed. Section 104. Bonds - How Dept - Record. (a) When a bail bond is taken, the clerk of the police court shall cause the original bond, together with any security of cash or negotiable bonds, to be kept in a safe place which is not accessible to the public, and shall keep such permanent record thereof, properly indexed, from which a true copy can be established in the event the original bond is lost, stolen or misplaced. (b) When a bail bond is taken on appeal, the bond, together with any security of cash or negotiable bonds, shall be immediately transmitted by the clerk of the court in which filed to the clerk of the circuit court having jurisdiction of the appeal, except where the clerk of the court in which filed is authorized by law to hold such bond and any such security pending the appeal. Section 105. Bonds - Surrender of Defendant By Surety. Whenever the surety upon any bail bond taken under this ordinance shall desire to surrender his principal thereon, he may procure from the clerk a certified copy of the bond and, by virtue thereof, such surety or any person authorized by him may take the defendant into custody in any county within the state. At any time before the application for and deposit of a cash bail bond or of any other bond -26- deposited with the court or clerk, or before execution issues on a judgment rendered against a surety, a surety may surrender the defendant in open court to the court in which the charge against the defendant is pending, or to the chief of police or other peace officer within the jurisdiction of said court; and, upon such surrender subjecting the defendant to the exclusive jurisdiction of the court and the payment of all costs occasioned by the forfeiture and by the defendant's failure to appear, if any, the surety shall thereupon be exonerated from further liability upon the bond. In surrendering the defendant to the chief of police or other peace officer, the surety must deliver to the officer a certi- fied copy of the bond with the defendant taken thereon, and such officer must accept the surrender of the defendant and acknowledge such acceptance in writing. Any defendant so surrendered may give other bail or shall remain in custody until dischai ged by due course of law. Section 106. Bonds - Forfeiture - Setting aside Forfeiture - Procedure Notice - Judgment - Further Proceedings and Process. If there is a breach of the condition of the bond, the police judge shall enter a judgment of default and declare a forfeiture of the bond. If it appears to the court that justice does not require the enforcement of the forfeiture, the court may set aside the for- feiture upon such conditions as the court may impose within ten days thereafter or within such other time as may be provided by law but not exceeding thirty days. Where the forfeiture of a bond secured by cash, as provided for in Section 98 of this ordinance, has not been set aside within such time, such cash shall forthwith be applied and deposited by the clerk according to the law applicable to fines. Where the forfeiture of a bond with sureties or of a bond secured by negotiable bonds, as provided for in Section 98 of this ordinance, has not been set aside within such time, the court shall, on motion, order and direct the issuance of an execution or the sale of such negotiable bonds and the application and deposit of the proceeds of such sale by the clerk according to the law applicable to fines. By entering into a bond, the obligors submit to the Jurisdiction of the court in which the defendant is required to appear under the condition thereof and in which a prosecution is or may be pending against the defendant and irrevocably appoint the clerk of such court as their agent upon whom any papers affecting their liability may be served. Their liability may be enforced on motion without the necessity of an independent action. The motion, and such notice of the motion as the court prescribes, may be served on the clerk who shall forthwith mail copies to the obligors at their last known addresses. Further proceedings and process may be had to enforce defendant's appearance to answer the charge against him after a judgment of default and forfeiture of the bond. Section 107. Bond Forfeitures - Judgment - Appeal. After the entry of a bond forfeiture judgment, the obligors thereon may appeal from such bond for- feiture judgment to the court having jurisdiction of appeals within the time, in the same manner and with like effect as prescribed by law for appeals in other cases. -27- Section 108. Bonds - Release of Sureties., When the condition of the bond has been satisfied or the forfeiture thereof has been set aside and there is a deposit of cash in the amount of the bond or a timely surrender of the defendant into custody, the court shall exonerate the obligors and release any bail. A surety may be exonerated before forfeiture of the bond by a deposit of cash in the amount of the bond or by the timely surrender of the defendant into custody. Section 109. Bonds - Surety - Individual - Qualifications. No person shall be accepted as a surety on any bail bond taken under this ordinance un- less he possesses the following qualifications: 1. He shall be a reputable person, at least twenty-one years of age and a bona fide resident of the State of Missouri. 2. He shall not have been convicted of a felony under the laws of any state or of the United States. 3. He shall not be an attorney-at-law, a peace officer, a constable or a deputy constable. 4. He shall not be an elected or appointed official or employee of the State of Missouri or of any county or of any other political subdivision or any municipality of this state. 5. He shall have no outstanding final forfeiture or unsatisfied final judgment thereon entered upon any bail bond in any court in this state or of the United States. Section 110. Bonds - Surety, Individual - Additional Qualifications. In addition to the qualifications specified in the preceding section, no person shall be taken as a surety on any bail bond unless he shall be the owner of real estate or personal property having a reasonable market value in excess of all encumbrances, exemptions and all other liabilities, at least equal to the amount specified in the bond which he proposes to execute. In order to qualify upon the basis of real estate owned, a person must be the sole, legal and equitable record owner in fee simple. Where there are several sureties, the aggregate reasonable market value of real estate or personal property owned by them in excess of all encumbrances, exemptions and all other liabilities, shall be at least equal to the amount specified in the bond. Section 111. Bonds - Surety, Individual - Affidavit of Justification - Additional Investigation - Approval. Each surety who shall charge or receive compensation for sigl.:ng a bond shall justify by affidavit that he possesses the qualifications specified in Sections 109 and 110 of this ordinance. A -28- separate affidavit shall be executed by such surety to establish his qualifica- tions for each bond he proposes to execute, except that if such surety shall have on file an affidavit relating to-all bonds in farce on the first day of the then current calendar month, the separate affidavit as to other bonds executed during such calendar month may be limited to the requirements of part (5) of this section and appropriate reference shall be made therein to the separate affidavit of qualification currently relied upon to establish the surety's qualifi- cations under the provisions of this ordinance. The affidavit shall be on a suitable form which shall be provided. In addition to the matters specified in Sections 109 and 110 of this ordinance, such affidavit shall contain the follow- ing: (1) an accurate legal description of the real estate which the surety pro- poses to justify as to his sufficiency, together with a description of the im- provements located thereon, and the location of the property by street address If it is located in a city or town; (2) the latest assessed value of such property; (3) an accurate description of the personal property which the surety proposes to justify as to his sufficiency, together with a statement as to the reasonable market value thereof; (4) a list of all bail bonds upon which he is surety and upon which his obligation remains undischarged, specifying the amount of each bond, the name of the principal or defendant, the offense charged, and the court in which such bond is pending; and (5) a statement whether or not he or anyone for his use has been promised or has received any consideration or security for his suretyship, and if so, the nature and amount thereof, and the name of the person by whom such promise was made or from whom such security or consideration was received. The oath to such affidavit shall be administered by the judge, clerk or officer -who is authorized to take and approve the bond. The fudge, clerk or officer to whom such affidavit of justification is submitted may make such additional investigation concerning the qualifications of the surety as he shall deem necessary and for this purpose shall have authority to administer all necessary oaths. No bond shall be approved unless the surety thereon appears to be qualified under the requirements of this Section. AM Section 112. _Bonds - Affidavit of,justification - Record. When a surety is accepted upon a bond as provided in the preceding section, his affidavit of justification shall be attached to the bond and filed therewith by the clerk of the court in accordance with the provisions of Section 103 of this ordinance. Such file shall be open to the inspection of any interested person. Section 113. _Bonds - Surety Company. Any corporation licensed by the State of Missouri to transact the business of suretyship in this state shall be qualified to act as a surety upon any bail bond taken under the provisions of this ordinance. Any such bond shall be executed by a surety company in the manner provided by law. -29- MISCELLANEOUS Section 114. Conduct of the Court. It shall be the obligation of the police judge to conduct his court and his professional and personal relation- ships in accordance with the same high standards of judicial ethics required of judges in state courts. Section 115. Offenses against State Law, Proceedings If in the pro- gress of any trial before the police judge, it shall appear that the accused ought to be put upon his trial for an offense against the criminal laws of the state and not cognizable before him as police judge, he shall immediately stop all further proceedings before him as police judge, and shall cause the com- plaint to be made before some magistrate in the county, and the accused shall thereupon be proceeded against in the manner provided by general law. Section 116. City Attorney, May Demand Security for Costs. In any complaint made before the police judge, the city attorney may, if in his judg- ment the interest of the city demands it, require the complainant, or party at whose instance the complaint is made, to give security for costs to be approved by the police judge, before proceeding further with such cause: Section 117. Prisoner May be Put to Work. Any person who has been convicted in the police court, and sentenced by the police judge, for violation of any ordinance of the city, whether the punishment be by fine or imprison- ment, or by both, may be put to wort: and required to perform labor on the public streets, highways, and alleys, or other public works or buildings of the city, and the marshal, street commissioner or other proper officer of the city shall have power to and be authorized and required to have or cause all such prisoners to work out the full number of clays for which they have been sen- tenced and if the punishment is by fine, and the fine be not paid, then for every dollar of such judgment and fine, the person shall work one day, and it shall be deemed a part of the judgment and sentence of the court that such prisoners shall be worked as herein provided. Section 118. Prisoners May be Searched_ The police judge who shall commit any person to jail for the violation of any ordinance of the city, may cause such person to be searched for the purpose of discovering any money or property he may have, and if any be found, it shall be taken possession of by the marshal, and by order of the police judge may be applied to the support of such person while in confinement, and to the satisfaction of any judgment for non-payment of fine and costs which may be against him, and on account of which he is imprisoned. Section 1.19. Disposition of Stolen Property. When property alleged to have been stolen, purloined, embezzled or obtained by false pretenses shall come into the custody of the marshal, he shall hold the same subject to the order of the police judge or other court authorized to direct the disposition thereof. -30- r Section 124. Stolen Property, Return of Upon satisfactory proof of the title of any owner of such property the police judge may order the same to be delivered to such owner, on his paying the reasonable and necessary expenses incurred in the safekeeping and preservation of such property, to be certiriad to by the police judge, which order shall entitle the owner to demand and re- ceive such property. Section 121. Fees of Witnesses. Each witness attending a trial, before the police judge, shall be allowed the sum of One Dollar for each day's attend- ance, to be taxed as other costs in the case. Section 122. Fees of Jurors. Hereafter every person who sits as a juror in the trial of a case in the police court of the City of Jefferson City, Missouri, shall be allowed the sum of two dollars ascompensation--payable out of the general revenue fund: Provided, however, that in each case in which a jury serves, the police judge shall charge up a jury fee of twelve dollars to be collected as other costs and turned into the city treasury, the same as fines; thus providing a source of revenue for the payment of jurors. Section 123. Payment of Costs. Whenever any person shall be convicted of a violation of any ordinance of this city, he shall be adjudged to pay the costs accrued in his prosecution. Section 124. City Not Diable For Costs. In no event shall the City of Jefferson be liable for the payment of any costs, fees for board excepted, which may have been incurred in the police court by virtue of prosecutions instituted for violating city ordinances. Section 125. Cost of Towing Automobiles - Payment. The exponse cr charge for the'towin4 away of any motor vehicle parked in violation of any traffic or parking ordinance of this city shall be borne and paid for by the owner and/or operator of the said motor vehicle. Section 126. Towing Charge - Taxing as Cost. Whenever it shall be- come necessary, as incident to the making of an arrest within the City of Jefferson, Missouri, to remove the automobile of the person arrested from the streets of the City of Jefferson, the fee therefor shall be reported by the police to the Police Judge, which said amount shall be taxed as costs in the case, and paid as other costs in the case. -31- f t *z Section 127. ,Effective L ate. This ordinance shall be in farce and effect from and after its passage and approval. Passed: S,ZOIG g Approved: F President of the Council Mayor s s zx —32—