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court be, and the same is hereby, repealed.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
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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
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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
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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
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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
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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.
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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.
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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,
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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.
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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
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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.
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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.
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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:
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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%
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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.
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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.
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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.
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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.
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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"
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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.
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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.
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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
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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
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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.
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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
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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
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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
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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.
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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
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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.
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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.
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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.
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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
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