CHAPTER 135:  MUNICIPAL COURT

Art. I. General Provisions

§     135.010: Court Established

§     135.020: Jurisdiction

§     135.030: Selection Of Municipal Judge

§     135.040: Municipal Judge─Term Of Office

§     135.050: Municipal Judge─Vacation Of Office

§     135.060: Municipal Judge─Qualification For Office

§     135.070: Superintending Authority

§     135.080: Report To Board Of Aldermen

§     135.090: Docket And Court Records

§     135.100: Municipal Judge─Powers And Duties Generally

§     135.110: Compensation

§     135.120: Traffic Violations Bureau

§     135.130: Issuance And Execution Of Warrants

§     135.140: Arrests Without Warrants

§     135.150: Jury Trials

§     135.160: Duties Of The City's Prosecuting Attorney

§     135.170: Summoning Of Witnesses

§     135.180: Transfer Of Complaint To Associate Circuit Judge

§     135.190: Jailing Of Defendants

§     135.200: Parole And Probation

§     135.210: Right Of Appeal

§     135.220: Appeal From Jury Verdicts

§     135.230: Breach Of Recognizance

§     135.240: Disqualification Of Municipal Judge From Hearing A Particular Case

§     135.250: Provisional Municipal Judge

Art. II.  Court Clerk

§     135.260: Office Established

§     135.270: Selection And Term Of Court Clerk

§     135.280: Hours And Authorization Of Compensation

§     135.290: Duties

§     135.300: Bond

Art. III.  Fines and Court Costs

§     135.310: Installment Payment Of Fine

§     135.320: Court Costs

§     135.330: Additional Court Costs

ARTICLE I.  GENERAL PROVISIONS

SECTION 135.010: COURT ESTABLISHED

There is hereby established in the City of Pasadena Hills a Municipal Court, to be known as the "Pasadena Hills Municipal Court, a Division of the 21st Judicial Circuit Court of the State of

Missouri".  This Court is a continuation of the Municipal Court of the City as previously established, and is termed herein "The Municipal Court".   (Ord. No. 461 §1, 1-10-95)

SECTION 135.020: JURISDICTION

The jurisdiction of the Municipal Court shall extend to all cases involving alleged violations of the ordinances of the City.  (Ord. No. 461 §2, 1-10-95)

SECTION 135.030: SELECTION OF MUNICIPAL JUDGE

The Judge of the City's Municipal Court shall be known as a Municipal Judge of the 21st Judicial Circuit Court, and shall be selected by appointment to the position by the Mayor with approval of a majority of the members of the Board of Aldermen, for a term as specified herein. 

(Ord. No. 461 §3, 1-10-95)

SECTION 135.040: MUNICIPAL JUDGE─TERM OF OFFICE

The Municipal Judge shall hold his/her office for a period of two (2) years and shall take office bi-annually from July first (1st).  If for any reason a Municipal Judge vacates his/her office, his/her successor shall complete that term of office, even if the same be for less than two (2) years. 

(Ord. No. 461 §4, 1-10-95)

SECTION 135.050: MUNICIPAL JUDGE─VACATION OF OFFICE

The Municipal Judge shall vacate his/her office under the following conditions:

1.     Upon removal from office by the State Commission on the Retirement, Removal and Discipline of Judges, as provided in Missouri Supreme Court Rule 12; or

2.     Upon attaining his/her seventieth (70th) birthday; or

3.     If he/she should lose his/her license to practice law within the State of Missouri. 

(Ord. No. 461 §5, 1-10-95)

SECTION 135.060: MUNICIPAL JUDGE─QUALIFICATION FOR OFFICE

The Municipal Judge shall possess the following qualifications before he/she shall take office:

1.          He/she must be a licensed attorney, qualified to practice law within the State of Missouri.

2.          He/she need not reside within the City.

3.          He/she must be a resident of the State of Missouri.

4.          He/she must be between the ages of twenty-one (21) and seventy (70) years.

5.          He/she may serve as a Municipal Judge for any other Municipality.

6.          He/she may not hold any other office within the City Government.

7.     The Municipal Judge shall be considered holding a part-time position, and as such may accept other employment.  (Ord. No. 461 §6, 1-10-95)

SECTION 135.070: SUPERINTENDING AUTHORITY

The Municipal Court of the City shall be subject to the rules of the Circuit Court of which it is a part, and to the rules of the State Supreme Court.  The Municipal Court shall be subject to the general administrative authority of the presiding Judge of the Circuit Court, and the Judge and Court personnel of said Court shall obey his/her directives.  (Ord. No. 461 §7, 1-10-95)

SECTION 135.080: REPORT TO BOARD OF ALDERMEN

The Municipal Judge shall cause to be prepared within the first ten (10) days of every month a report indicating the following:

A list of all cases heard and tried before the Court during the preceding month, giving in each case the name of the defendant, the fine imposed if any, the amount of costs, the names of the defendant committed and the cases where there was an application for trial de novo, respectively.  The same shall be prepared under oath by the Municipal Court Clerk or the Municipal Judge.  This report shall be filed with the City Clerk, who shall thereafter forward the same to the Board of Aldermen of the City for examination at its first session thereafter.  The Municipal Court shall, within the ten (10) days after the first (1st) of the month, pay the Municipal Treasurer the full amount of all fines collected during the preceding month, if they have not previously been paid. 

(Ord. No. 461 §8, 1-10-95)

SECTION 135.090: DOCKET AND COURT RECORDS

The Municipal Judge shall be a conservator of the peace.  He/she shall keep a docket in which he/she shall enter every case commenced before him/her and the proceedings therein and he/she shall keep such other records as may be required.  Such docket and records shall be records of the Circuit Court of St. Louis County.  The Municipal Judge shall deliver the docket and records of the Municipal Court, and all books and papers pertaining to his/her office, to his/her successor in office or to the Presiding Judge of the Circuit.  (Ord. No. 461 §9, 1-10-95)

SECTION 135.100: MUNICIPAL JUDGE─POWERS AND DUTIES GENERALLY

The Municipal Judge shall be and is hereby authorized to:

1.          Establish a Traffic Violations Bureau as provided for in the Missouri Rules of Practice and Procedure in Municipal and Traffic Courts and Section 479.050, RSMo.

2.          Administer oaths and enforce due obedience to all orders, rules and judgments made by him/her, and may fine and imprison for contempt committed before him/her while holding Court, in the same manner and to the same extent as a Circuit Judge.

3.     Stay execution of any fine or sentence, suspend any fine or sentence, and make such other orders as the Municipal Judge deems necessary relative to any matter that may be pending in the Municipal Court.

4.     Make and adopt such rules of practice and procedure as are necessary to implement and carry out the provisions of this Chapter, and to make and adopt such rules of practice and procedure as are necessary to hear and decide matters pending before the Municipal Court and to implement and carry out the provisions of the Missouri Rules of Practice and Procedure in Municipal and Traffic Courts.

5.     The Municipal Judge shall have such other powers, duties and privileges as are or may be prescribed by the laws of this State, this Code or other ordinances of this City. 

(Ord. No. 461 §10, 1-10-95)

SECTION 135.110: COMPENSATION

The Municipal Judge for the City of Pasadena Hills shall be paid a sum as fixed by ordinance from time to time.  (Ord. No. 137 §1, 1969)

SECTION 135.120: TRAFFIC VIOLATIONS BUREAU

Should the Municipal Judge determine that there shall be a Traffic Violations Bureau, the City shall provide all expenses incident to the operation of the same.  The City Clerk is hereby designated as the Traffic Violations Clerk for said Bureau, if established, and may appoint or designate such persons as are necessary to conduct said office.  (Ord. No. 461 §11, 1-10-95)

SECTION 135.130: ISSUANCE AND EXECUTION OF WARRANTS

All warrants issued by a Municipal Judge shall be directed to the City Marshal, Chief of Police, or any other Police Officer of the Municipality or to the Sheriff of the County.  The warrants shall be executed by the Marshal, Chief of Police, Police Officer, or Sheriff any place within the limits of the County and not elsewhere, unless the warrants are endorsed in the manner provided for warrants in criminal cases, and, when so endorsed shall be served in other Counties, as provided for in warrants in criminal cases.  (Ord. No. 461 §12, 1-10-95)

SECTION 135.140: ARRESTS WITHOUT WARRANTS

The City Marshal, Chief of Police, or other Police Officer of the City may, without a warrant, make arrest of any person who commits an offense in his/her presence, but such Officer shall, before the trial, file a written complaint with the Judge hearing violations of municipal ordinances. 

(Ord. No. 461 §13, 1-10-95)

SECTION 135.150: JURY TRIALS

Any person charged with a violation of a municipal ordinance of this City shall be entitled to a trial by jury, as in prosecutions for misdemeanors before an associate Circuit Court Judge.  Whenever a defendant accused of a violation of a municipal ordinance demands trial by jury, the Municipal

Court shall certify the case to the presiding Judge of the Circuit Court for reassignment. 

(Ord. No. 461 §14, 1-10-95)

SECTION 135.160: DUTIES OF THE CITY'S PROSECUTING ATTORNEY

It shall be the duty of an attorney designated by the Municipality to prosecute the violations of the City's ordinances before the Municipal Judge or before any Circuit Judge hearing violations of the City's ordinances.  The salary or fees of the attorney and his/her necessary expenses incurred in such prosecutions shall be paid by the City.  The compensation of such attorney shall not be contingent upon the result in any case.  (Ord. No. 461 §15, 1-10-95)

SECTION 135.170: SUMMONING OF WITNESSES

It shall be the duty of the Municipal Judge to summon all persons whose testimony may be deemed essential as witnesses at the trial, and to enforce their attendance by attachment, if necessary.  The fees of witnesses shall be the same as those fixed for witnesses in trials before Associate Circuit Court Judges and shall be taxed as other costs in the case.  When a trial shall be continued by a Municipal Judge it shall not be necessary to summon any witnesses who may be present at the continuance, but the Municipal Judge shall orally notify such witnesses as either party may require to attend before him/her on the day set for trial to testify in the case, and enter the names of such witnesses on his/her docket, which oral notice shall be valid as a summons. 

(Ord. No. 461 §16, 1-10-95)

SECTION 135.180: TRANSFER OF COMPLAINT TO ASSOCIATE CIRCUIT JUDGE

If, in the progress of any trial before a Municipal Judge, it shall appear to the Judge that the accused ought to be put upon trial for an offense against the criminal laws of the state and not cognizable before him/her as Municipal Judge, he/she shall immediately stop all further proceedings before him/her as Municipal Judge and cause the complaint to be made before some Associate Circuit Court Judge within the County.  (Ord. No. 461 §17, 1-10-95)

SECTION 135.190: JAILING OF DEFENDANTS

If in the opinion of the Municipal Judge, the City has no suitable and safe place of confinement, the Municipal Judge may commit the defendant to the County Jail, and it shall be the duty of the Sheriff, if space for the prisoner is available in the County Jail, upon receipt of a warrant of commitment from the Judge to receive and safely keep such prisoner until discharged by due process of law.  The Municipality shall pay the board of such prisoner at the same rate as may now or hereafter be allowed to such Sheriff for the keeping of such prisoner in his/her custody.  The same shall be taxed as cost.  (Ord. No. 461 §18, 1-10-95)

SECTION 135.200: PAROLE AND PROBATION

Any Judge hearing violations of Municipal ordinances may, when in his/her judgement it may seem advisable, grant a parole or probation to any person who shall plead guilty or who shall be convicted after a trial before said Judge.  (Ord. No. 461 §19, 1-10-95)

SECTION 135.210: RIGHT OF APPEAL

In all cases tried before the Municipal Judge, except where there has been a plea of guilty or where the case has been tried with a jury, the defendant shall have a right of trial de novo, before a Circuit Court Judge or on assignment before an Associate Circuit Court Judge.  An application for a trial de novo shall be filed within ten (10) days after judgement and shall be filed in such form and perfected in such manner as provided by Supreme Court rules.  (Ord. No. 461 §20, 1-10-95)

SECTION 135.220: APPEAL FROM JURY VERDICTS

In all cases in which a jury trial has been demanded, a record of the proceedings shall be made, and appeals may be had upon that record to the appropriate Appellate Court. 

(Ord. No. 461 §21, 1-10-95)

SECTION 135.230: BREACH OF RECOGNIZANCE

In the case of a breach of any recognizance entered into before a Municipal Judge or an associate Circuit Court Judge hearing a municipal ordinance violation case, the same shall be deemed forfeited and the Judge shall cause the same to be prosecuted against the principal and surety, or either of them, in the name of the Municipality as plaintiff.  Such action shall be prosecuted before a Circuit Court Judge or associate Circuit Court Judge, and in the event of cases caused to be prosecuted by a Municipal Judge, such shall be on the transcript of the proceedings before the Municipal Judge.  All monies recovered in such actions shall be paid over to the General Revenue Fund of the Municipality.  (Ord. No. 461 §22, 1-10-95)

SECTION 135.240: DISQUALIFICATION OF MUNICIPAL JUDGE FROM HEARING A

PARTICULAR CASE

A Municipal Judge shall be disqualified to hear any case in which he/she is in any way interested, or, if before the trial is commenced, the defendant or the prosecutor files an affidavit that the defendant or the Municipality, as the case may be, cannot have a fair and impartial trial by reason of the interest or prejudice of the Judge.  Neither the defendant nor the Municipality shall be entitled to file more than one (1) affidavit or disqualification in the same case.  (Ord. No. 461 §23, 1-10-95)

SECTION 135.250: PROVISIONAL MUNICIPAL JUDGE

There is hereby created the office of Provisional Municipal Judge of the Pasadena Hills Municipal Division of the St. Louis County Circuit Court.  The position of Provisional Municipal Judge shall have the same qualifications as those required of the Municipal Judge.  The duties of the Provisional Municipal Judge shall be to serve as Municipal Judge in all cases in which the Pasadena Hills Municipal Judge shall be disqualified or unable to serve, and to preside over sessions of the Pasadena Hills Municipal Division for which the Municipal Judge is unavailable.  In the event the Provisional Municipal Judge shall perform the duties of the Municipal Judge the Municipal Judge shall receive no compensation for performing such duties, rather the Provisional Municipal Judge shall receive that compensation which would otherwise have been paid to the Municipal Judge for those duties.  (Ord. No. 461 §24, 1-10-95)

ARTICLE II. COURT CLERK

SECTION 135.260: OFFICE ESTABLISHED

There is hereby established the office of Court Clerk for the City of Pasadena Hills and the Pasadena Hills Municipal Division of the St. Louis County Circuit Court.  (Ord. No. 466 §1, 6-27-95)

SECTION 135.270: SELECTION AND TERM OF COURT CLERK

The Court Clerk shall be appointed by the Mayor with the consent of a majority of the members of the Board of Aldermen to serve for an unspecified term at the will of the Mayor and Board of Aldermen.  (Ord. No. 466 §2, 6-27-95)

SECTION 135.280: HOURS AND AUTHORIZATION OF COMPENSATION

The position of Court Clerk shall be a part-time position.  The Court Clerk shall attend all sessions of the Pasadena Hills Municipal Division Court and may be required to be present at the Pasadena Hills City Hall to perform the duties of the office at such additional times as the Mayor or Board of Aldermen may specify.  Compensation for the Court Clerk shall be established by ordinance from time to time.  (Ord. No. 466 §3, 6-27-95)

SECTION 135.290: DUTIES

The Court Clerk's duties shall include the following:

1.     To prepare and maintain the Municipal Court Docket;

2.     To log and file all tickets, information, complaints, summons, bonds, bond receipts and reports;

3.     To prepare all warrants, REGIS sheets, summonses, bonds, bond forfeitures and notices pertaining to same;

4.     To receipt and account for all bonds, fines, costs or other monies paid to the Municipal Court;

5.     To deliver monies collected in Court to City Clerk for deposit into appropriate City Accounts;

6.     To maintain and respond to all correspondence directed to the Municipal Court;

7.     To prepare and forward to the Director of Revenue all records of moving violations as required by law;

8.     To report to City Treasurer each month on the amount of Crime Victims Compensation (CVC) Funds and any other funds collected for distribution to parties or entities other than the City in association with court proceedings; and

9.     To serve as the Traffic Violations Clerk for the Pasadena Hills Municipal Division and receive entries of appearance, waivers of appearance, pleas of guilty and payments of fines and costs in accord with the Laws of the State of Missouri and the Rules of the Circuit Court for St. Louis County; and

10.   To perform such other duties as may be directed by the Judge of the Municipal Division. 

(Ord. No. 466 §4, 6-27-95)

SECTION 135.300: BOND

Within fifteen (15) days after election, and before entering upon the discharge of the above described duties of office, the Court Clerk shall give bond to the City in the sum of ten thousand dollars ($10,000.00) conditioned upon the faithful performance of said duties and the said Court Clerk will pay over all monies belonging to the City, as provided by law, that may come into the Court Clerk's hands.  (Ord. No. 466 §5, 6-27-95)

ARTICLE III. FINES AND COURT COSTS

SECTION 135.310: INSTALLMENT PAYMENT OF FINE

When a fine is assessed for violating an ordinance, it shall be within the discretion of the Judge assessing the fine to provide for the payment of a fine on an installment basis under such terms and conditions as he/she may deem appropriate.  (Ord. No. 461 §26, 1-10-95)

SECTION 135.320: COURT COSTS

A.    The following words and phrases, as used in this Chapter, shall have the following respective meanings:

COURT COSTS:  The total of fees, miscellaneous charges and surcharges imposed in a particular case.

FEES:  The amount charged for services to be performed by the Municipal Court.

MISCELLANEOUS CHARGES:  The amount allowed by law for services provided by individuals or entities other than the Municipal Court.

SURCHARGES:  Additional charges allowed by law which are allowed for specific purposes designated by law.

B.    In addition to any fine that may be imposed by the Municipal Judge in any case filed in the Pasadena Hills Municipal Division, and in addition to all other fees authorized or required by law, there shall be assessed as Court costs the following:

1.     Basic Court fees in the amount of twelve dollars ($12.00).

2.     Other miscellaneous charges, such as for the issuance of a warrant, a commitment, or a summons, as provided before the Associate Circuit Judge in criminal prosecutions.

3.          Actual miscellaneous charges assessed against the City by the County Sheriff for apprehension or confinement in the County Jail.

4.          Mileage, in the same amount as provided to the Sheriff in criminal violations, for each mile and fraction thereof the officer must travel (both directions) in order to serve any warrant or commitment or order of this Court.

5.     An additional surcharge in the sum of five dollars ($5.00) shall be assessed and added to the basic Court fees in Subsection (B)(1) of this Section, provided that no such surcharge shall be collected in any proceeding when the proceeding or the defendant has been dismissed by the Court.  All sums collected pursuant to this Subsection shall be distributed as follows:

a.   Ninety-five percent (95%) of such surcharge shall be paid to the Director of Revenue of the State of Missouri for deposit to the Crime Victims' Compensation Fund as provided in Section 595.045, RSMo.

b.   Five percent (5%) of such surcharge shall be paid to the City Treasury.

6.     An additional surcharge in the sum of one dollar ($1.00) shall be assessed and added to the basic Court fees in Subsection (B)(1) of this Section, provided that no such surcharge shall be collected in any proceeding when the proceeding or the defendant has been dismissed by the Court.  All sums collected pursuant to this Subsection shall be sent to the Missouri State Treasury to the credit of the Peace Officer Standards and Training Commission Fund created in Section 590.178, RSMo.

7.     An additional surcharge in the sum of one dollar ($1.00) shall be assessed and added to the basic Court fees in Subsection (B)(1) of this Section, provided that no such surcharge shall be collected in any proceeding when the proceeding or the defendant has been dismissed by the Court.  All sums collected pursuant to this Subsection shall be transmitted monthly to the St. Louis County Treasury to be used only for the purpose of providing operating expenses for shelters for battered persons as provided in Section 479.261.1, RSMo.

8.     Each defendant who violates an ordinance of this City, when the Municipal Court finds that the violation occurred when the defendant was the operator of a motorcycle or motortricycle, shall have a judgment entered against said defendant in favor of the State of Missouri─Motorcycle Safety Trust Fund, in the sum of five dollars ($5.00).  Said sum shall be assessed and added to the basic Court fees in Subsection (B)(1) of this Section.

Each defendant who violates an ordinance of this City, when operating a motor vehicle, and where the violation involves a motorcycle or motortricycle or where the operator causes an accident involving a motorcycle or motortricycle, shall have a judgment entered against said defendant in favor of the State of Missouri─Motorcycle Safety Trust Fund, in the sum of five dollars ($5.00).  Said sum shall be assessed and added to the basic Court fees in Subsection (B)(1) of this Section.

The amounts assessable as judgment pursuant to this Subsection shall be doubled if the operator at fault is found by the Municipal Court to have violated any State law or City ordinance relating to the consumption of alcohol.

All sums collected pursuant to this Subsection shall be transmitted to the Missouri State Treasury to the credit of the Motorcycle Safety Trust Fund.

9.     Any other reasonable charge as may be otherwise provided by ordinance including but not limited to charges of confinement, including any necessary transportation related thereto, medical charges incurred by the City while a defendant is in City custody and charges related to the arrest and testing of any person for any intoxication-related traffic offense. 

(Ord. No. 460 §2, 11-1-94; Ord. No. 497 §1, 12-10-96)

SECTION 135.330: ADDITIONAL COURT COSTS

The Municipal Judge for the Associate Circuit Court of the County of St. Louis, Municipal Division for the City of Pasadena Hills, is hereby empowered to assess as additional Court costs the amount of twenty-five dollars ($25.00) against any person charged with a municipal ordinance violation who fails to appear, thus resulting in the issuance of a letter ordering said defendant to appear at a subsequent Court date.  (Ord. No. 430 §1, 12-1-92)