City of Maryville

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Chapter 115 Municipal Court

SECTION 115.010:   COURT ESTABLISHED

There is hereby established in this City a Municipal Court, to be known as the "Maryville Municipal Court, a Division of the Fourth 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 "Municipal Court".  (R.O. 2008 §115.010; Ord. No. 4882 §1, 5-14-90)

SECTION 115.020:   JURISDICTION

Violations of municipal ordinances shall be heard and determined only before divisions of the Circuit Court.  "Heard and determined", for purposes of this Chapter, shall mean any process under which the court in question retains the final authority to make factual determinations pertaining to allegations of a municipal ordinance violation.

SECTION 115.030:   MISSOURI UNIFORM TRAFFIC TICKET -- ADOPTION

The Missouri Uniform Traffic Ticket, as adopted by the Supreme Court of Missouri for Municipal and Traffic Courts, is hereby adopted for use in the Municipal Court of the City.  (R.O. 2008 §115.030; Ord. No. 4882 §1, 5-14-90)

SECTION 115.040:   SELECTION OF JUDGE

The Judge of the City's Municipal Court shall be known as a Municipal Judge of the 4th Judicial Circuit and shall be appointed to his/her position by the City Council, for a term as specified herein.  (R.O. 2008 §115.040; Ord. No. 4882 §1, 5-14-90)

SECTION 115.050:   TERM OF OFFICE

The Municipal Judge shall hold his/her office for a period of not less than two (2) years and shall take office biannually.  If for any reason a Municipal Judge vacates his/her office, his/her successor shall complete the term of office, even if the same be for less than two (2) years.  (R.O. 2008 §115.050; Ord. No. 4882 §1, 5-14-90)

SECTION 115.060:   VACATION OF OFFICE

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

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

      2.   Upon attaining his/her seventy-fifth (75th) birthday; or

      3.   If he/she is not licensed to practice law in the State of Missouri, and if he/she has served as Municipal Judge of the City for at least three (3) years prior to January 2, 1979, then if he/she should fail, within six (6) months of his/her selection, to satisfactorily complete a course of instruction for Municipal Judge as prescribed by the State Supreme Court; or

      4.   If he/she is licensed to practice law in the State of Missouri, then if he/she should lose his/her license to practice law within the State of Missouri. 

      5.   The Municipal Judge may be removed from office upon appropriate action of the City Council, for causes related to conviction of a felony or maleficence.  (R.O. 2008 §115.060; Ord. No. 4882 §1, 5-14-90)

SECTION 115.070:   QUALIFICATIONS FOR OFFICE

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

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

      2.   He/she must be between the ages of twenty-one (21) and seventy-five (75) years.

      3.   He/she may serve as Municipal Judge for any other municipality.

      4.   He/she must not hold any other office within the City Government.

      5.   He/she must either:

            a.   Be licensed to practice law within the State of Missouri, or

            b.   Have been Municipal Judge of this City for at least three (3) years immediately prior to January 2, 1979, and he/she must, within six (6) months after his/her selection to the position, satisfactorily complete a course of instruction for Municipal Judges as prescribed by the State Supreme Court.

      6.   The Municipal Judge shall be considered holding a part-time position, and as such may accept (within the requirements of the Code of Judicial Conduct, Missouri Supreme Court Rule 2) other employment.  (R.O. 2008 §115.070; Ord. No. 4882 §1, 5-14-90)

SECTION 115.080:   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.  (R.O. 2008 §115.080; Ord. No. 4882 §1, 5-14-90)

SECTION 115.090:   REPORT TO CITY COUNCIL

The Municipal Judge shall cause the Municipal Court Clerk to prepare within the first ten (10) days of every month a list of all cases heard and tried before the Court during the preceding month, giving in each case the name of the defendant, the fine imposed, if any, the amount of cost, the names of the defendants committed and in 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 will be filed with the City Clerk, who shall thereafter forward the same to the City Council for examination at its first (1st) day of the month, pay to the City Treasurer the full amount of all fines collected during the preceding month, if they have not previously been paid.  (R.O. 2008 §115.090; Ord. No. 4882 §1, 5-14-90; Ord. No. 5186 §1, 2-14-94)

SECTION 115.100:   DUTIES AND POWERS OF THE MUNICIPAL JUDGE

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 Nodaway County.  The Municipal Judge shall deliver the docket and the 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 Court.  In addition, the Municipal Judge shall have the following powers and duties:

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

      2.   To administer oaths and enforce due obedience to all orders, rules and judgments made by him, 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.   To commute the term of any sentence, 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.  (R.O. 2008 §115.100; Ord. No. 4882 §1, 5-14-90)

SECTION 115.110:   MISSOURI RULES OF CIVIL PROCEDURE AND PRACTICE -- ADOPTION

The Missouri Rules of Civil Procedure and Practice promulgated by the State Supreme Court for Municipal and Traffic Courts are hereby adopted for the use of the Municipal Court.  (R.O. 2008 §115.110; Ord. No. 4882 §1, 5-14-90)

SECTION 115.120:   VIOLATIONS BUREAU

Should the Municipal Judge determine that there shall be a Violations Bureau, the City shall provide all expenses incident to the operation of the same.  The City Manager shall designate a Traffic Violations Clerk for said Bureau if established.  (R.O. 2008 §115.120; Ord. No. 4882 §1, 5-14-90)

SECTION 115.130:   ISSUANCE AND EXECUTION OF WARRANTS

All warrants issued by a Municipal Judge shall be directed to a member of the Department of Public Safety, or to the Sheriff of the County.  The warrant shall be executed by the member of the Department of Public Safety or Sheriff at 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 warrants in criminal cases.  (R.O. 2008 §115.130; Ord. No. 4882 §1, 5-14-90)

SECTION 115.140:   ARRESTS WITHOUT WARRANTS

A member of the Department of Public Safety shall, 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.  (R.O. 2008 §115.140; Ord. No. 4882 §1, 5-14-90)

SECTION 115.150:   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 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, as provided in Section 546.095, RSMo.  (R.O. 2008 §115.150; Ord. No. 4882 §1, 5-14-90)

SECTION 115.155:   FAILURE TO APPEAR

A.  It shall be unlawful for any person who has been released upon recognizance or bond to willfully fail to appear before any Court or any Judicial Officer as required.

B.  The punishment for violation of this Section shall be in addition to the forfeiture of any security which was given or pledged for the person's release.

C.  Nothing in this Section shall prevent or limit any Court's exercise of its power to punish for contempt.  (R.O. 2008 §115.155; Ord. No. 5564 §1, 7-28-97)

SECTION 115.160:   DUTIES OF THE CITY'S PROSECUTING ATTORNEY

A.  Appointment.  The City's Prosecuting Attorney shall be appointed by the City Manager for an indefinite term, subject to confirmation of the City Council.

B.  Duties.  The duties of the City's Prosecuting Attorney shall be as follows:

      1.   Represent and defend the City on all actions in Municipal Court.

      2.   Prosecute all cases on behalf of the City when Municipal Court cases are transferred from Municipal Court because of jury trial demand, change of Judge or other procedure.

      3.   Represent the City on all appeals taken from an action commenced in Municipal Court.

      4.   Give legal advice to Law Enforcement Officers, Mayor, members of the City Council, City Manager and City Clerk in connection with prosecutions or potential prosecutions for violations of City Code.

      5.   Perform all such other ministerial duties as may be prescribed by ordinance or ordered by the City Council or City Manager.

C.  Compensation.  Compensation of the Prosecuting Attorney for all legal services shall be established at an hourly rate by the City Manager.  (R.O. 2008 §115.160; Ord. No. 4882 §1, 5-14-90; Ord. No. 6603 §§1--2, 11-24-03)

SECTION 115.170:   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 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.  (R.O. 2008 §115.170; Ord. No. 4882 §1, 5-14-90)

SECTION 115.180:   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 Judge within the County.  (R.O. 2008 §115.180; Ord. No. 4882 §1, 5-14-90)

SECTION 115.190:   PAROLE AND PROBATION

Any Judge hearing violations of municipal ordinances may, when in his/her judgment it may seem advisable, grant a parole or probation to any person who shall plead guilty or who shall be convicted after a trial before said Judge.  (R.O. 2008 §115.190; Ord. No. 4882 §1, 5-14-90)

SECTION 115.200:   RIGHT OF APPEAL

A.  When the Municipal Judge is one who is not licensed to practice law within the State of Missouri, the defendant shall have a right to a trial de novo, even from a plea of guilty, before a Circuit Judge or on assignment before an Associate Circuit Judge.  An application for a trial de novo shall be filed within ten (10) days after judgment and shall be filed in such form and perfected in such manner as provided by Supreme Court Rules.

B.  When the Municipal Judge is one who is licensed to practice law within the State of Missouri, then in all cases tried before the Municipal Court, except where there has been a plea of guilty or where the case has been tried with a jury, the defendant shall have a right of trial de novo, before a Circuit Judge or on assignment before an Associate Circuit Judge.  An application for a trial de novo shall be filed within ten (10) days after judgment and shall be filed in such form and perfected in such manner as provided by Supreme Court Rules.  (R.O. 2008 §115.200; Ord. No. 4882 §1, 5-14-90)

SECTION 115.210:   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.  (R.O. 2008 §115.210; Ord. No. 4882 §1, 5-14-90)

SECTION 115.220:   BREACH OF RECOGNIZANCE

In the case of a breach of any recognizance entered into before a Municipal Judge or an Associate Circuit Judge hearing a municipal ordinance violation case, the same shall be deemed forfeited and the Judge shall call the same to be prosecuted against the principal and surety, or either of them, in the name of the municipality as plaintiff.  Such action shall be prosecuted before a Circuit Judge or Associate Circuit Judge and in the event of cases caused to be prosecuted by a Municipal Judge, such shall be on the transcript of the proceedings before the Municipal Judge.  All monies recovered in such action shall be paid over to the City Treasurer to the General Revenue Fund of the City.  (R.O. 2008 §115.220; Ord. No. 4882 §1, 5-14-90; Ord. No. 5186 §1, 2-14-94)

SECTION 115.230:   DUTIES OF DIRECTOR OF PUBLIC SAFETY UPON COMMITMENT OF PRISONERS

Whenever the Director of Public Safety shall commit any person to the County Jail, or other authorized place of confinement, under the authority of any execution or warrant of commitment under which such commitment is made, and he/she shall endorse thereon the amount of money or other property in his/her possession belonging to the prisoner, and turn the said property over to the Sheriff (or other chief officer exercising jurisdiction) upon such official's receipting for the same upon the back of the commitment on behalf of the prisoner; and no such prisoner shall be released from the jail except upon certificate of the Director of Public Safety or by order of the Mayor as hereinafter provided, and in no case, unless the fine and costs assessed against the prisoner are paid or the same have been remitted by the common Council in open session, which facts must be stated in the certificate of the Director of Public Safety, or order of the Mayor releasing the prisoner.  (R.O. 2008 §115.230; Ord. No. 4882 §1, 5-14-90)

SECTION 115.240:   RECORDS REQUIRED

The Director of Public Safety shall, upon committing any person to the jail or other authorized place of confinement as aforesaid, in a book to be kept for that purpose, register the name, age, height, sex, color and nativity of such person, with the date of such committal and the amount of the fine and costs for which such person was committed, and upon the payment to the Director of Public Safety of the amount due on any such execution, or when such prisoner shall be otherwise legally entitled to a discharge, the Director of Public Safety shall certify that fact to the Sheriff of the County or other official charged with custody who shall thereupon discharge the prisoner named therein.  (R.O. 2008 §115.240; Ord. No. 4882 §1, 5-14-90)

SECTION 115.250:   OFFICERS, ATTENDANCE AS WITNESSES

Whenever a Public Safety Officer of the City appears as a witness in Court during his/her off-duty hours, said Officer shall appear in uniform.  Officers shall attend without being summoned, nor shall any subpoena be issued for their appearance, but failure to appear at the time for trial may be punished for contempt.  (R.O. 2008 §115.250; Ord. No. 4882 §1, 5-14-90)

SECTION 115.260:   LIMITATION ON CITY'S CAUSE OF ACTION

No prosecution for violation of any City ordinance shall be commenced after the lapse of twelve (12) months after the date of such violation; provided, that if any person charged with such violation shall conceal or absent himself so that a process cannot be served upon him/her or shall absent himself from the City for the purpose of avoiding such prosecution, the time of such absence or concealment shall not be computed.  (R.O. 2008 §115.260; Ord. No. 4882 §1, 5-14-90)

SECTION 115.270:   DISQUALIFICATION OF MUNICIPAL JUDGE FROM HEARING PARTICULAR CASE

A Municipal Judge shall be disqualified to hear any case in which he/she is in anywise interested, or, if before the trial is commenced, the defendant or the prosecutor files an affidavit that the defendant or 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.  (R.O. 2008 §115.270; Ord. No. 4882 §1, 5-14-90)

SECTION 115.280:   CLERK OF MUNICIPAL COURT

The City Manager shall designate an employee of the City as Clerk of the Municipal Court.  The duties of said Clerk shall be as follows:

      1.   To take oaths and affirmations;

      2.   To accept signed complaints, and allow the same to be signed and sworn to or affirmed before him;

      3.   To sign and issue subpoenas duces tecum;

      4.   To accept the appearance, waiver of trial and plea of guilty and the payment of fine and costs in Violations Bureau cases or as directed by the Municipal Judge; generally to act as Violation Clerk of the Violations Bureau;

      5.   To perform all other duties as provided for by said ordinance, by the Missouri Rules of Practice and Procedure in Municipal and Traffic Courts and by Statute;

      6.   To maintain, properly certified by the City Clerk, a complete copy of the ordinances of the City, which shall constitute prima facie evidence of such ordinance before the Court.  Further, to maintain a similar certified copy on file with the Clerk serving the Circuit Court of this County. 

      7.   To perform any and all duties assigned by the Municipal Judge; and

      8.   The Court Clerk is a City employee and is subject to personnel rules and regulations of the City.  (R.O. 2008 §115.280; Ord. No. 4882 §1, 5-14-90)

SECTION 115.290:   GENERAL COURT COSTS

There shall be assessed as general Court costs, the sum of twelve dollars ($12.00) per case for each municipal ordinance case initially filed before the Municipal Judge.  Said costs shall be in addition to service costs, witness fees, training costs, Crime Victims' Compensation Fund judgment, jail costs or any other costs or assessments which may be otherwise authorized by municipal ordinance or State law.  These general Court costs shall be collected by the Court in the same manner as other costs and fees, and remitted to the City Treasurer for dispersal in accordance with City ordinance and State law.  (R.O. 2008 §115.290; Ord. No. 4882 §1, 5-14-90; Ord. No. 5189 §1, 2-14-94; Ord. No. 5565 §1, 7-28-97)

SECTION 115.291:   COURT COSTS -- TRAINING

In addition to any fine or other costs, there shall be assessed as Court costs the sum of three dollars ($3.00) per case, for each municipal ordinance case filed before the Municipal Judge of the City of Maryville, Missouri, said amount to be collected pursuant to Section 488.5336, RSMo., related to training.  It is, provided however, that no such fee shall be collected for non-moving traffic violations, nor shall the same be collected in any case when the proceedings or defendant has been dismissed by the Court.  These costs shall be calculated as additional costs by the Municipal Court and shall be collected by the Court in the same manner as other costs and fees are collected.  Two dollars ($2.00) of said sum shall be transmitted monthly to the City Treasurer to be used for the training of Peace Officers.  One dollar ($1.00) of said sum shall be deposited with the Treasurer of the State of Missouri in the Peace Officer Standards and Training Commission Fund, to be used Statewide for the training of Peace Officers.  (R.O. 2008 §115.291; Ord. No. 5184 §1, 2-14-94; Ord. No. 5487 §1, 12-16-96)

SECTION 115.292:   CRIME VICTIMS' COMPENSATION FUND JUDGMENT

There shall be assessed as Court costs the sum of seven dollars fifty cents ($7.50) per case for each municipal ordinance case filed before the Municipal Judge, said amount to be collected pursuant to Section 488.5339, RSMo., related to the Crime Victims' Compensation Fund judgment.  These costs shall be calculated as additional costs by the Municipal Court and shall be collected by the Court in the same manner as other costs and fees are collected and remitted to the City Treasurer for disbursal in accordance with City ordinance and State law.  (R.O. 2008 §115.292; Ord. No. 5184 §1, 2-14-94; Ord. No. 6416 §1, 10-22-01)

SECTION 115.293:   REIMBURSEMENT FOR COSTS OF ALCOHOL AND DRUG RELATED OFFENSES

Upon a plea of guilty, finding of guilt or conviction for violation of any provisions of the Municipal Code of the City of Maryville, Missouri, for any alcohol or drug related offenses, including violation of Chapter 342 of the Municipal Code, the Court may, in addition to imposition of any penalties provided by law, order the defendant to reimburse Law Enforcement Authorities for costs associated with such arrest.  Such costs shall include the reasonable costs of making the arrest, including the costs of any chemical test to determine the alcohol or drug content of the persons blood, the cost of processing, charging, booking and holding such person in custody.  Law Enforcement Officials may establish a schedule of such costs for submission to the Court.  However, the Court may order the costs reduced if it determines that the schedule of costs is excessive, given the circumstances of the case or for good cause shown.  These fees shall be calculated as additional costs by the Municipal Court, and shall be collected by the Court in the same manner as other costs and fees are collected, and remitted to the City Treasurer for disbursal in accordance with City ordinance and State law.  (R.O. 2008 §115.293; Ord. No. 5184 §1, 2-14-94)

SECTION 115.294:   JUDICIAL EDUCATION FUND

A.  There is hereby established a Judicial Education Fund to be maintained in an account under the control of the Municipal Court.  Municipal Court is authorized to retain one dollar ($1.00) from the fees collected, pursuant to Section 115.290.

B.  Sums retained in the Judicial Education Fund may be used to pay for either of the following:

      1.   The continuing education and certification required of the Municipal Judge by the law or Supreme Court rule.

      2.   Judicial education for the Court Administrator and Clerks of the Municipal Court.

C.  The Municipal Court may not retain more than one thousand five hundred dollars ($1,500.00) in the fund for each Judge, Administrator or Clerk of the Municipal Court.  All sums in excess of that amount shall be transmitted quarterly to the General Revenue Fund of the City of Maryville, Missouri.  (R.O. 2008 §115.294; Ord. No. 5595 §1, 10-27-97)

SECTION 115.295:   INCARCERATION COSTS

In addition to any fine or other court costs that may be imposed, there shall be assessed as costs against any defendant, an amount equal to the expenses associated with incarceration served by the defendant by order of the Municipal Judge or Circuit Judge on any case involving violation of ordinances of the City of Maryville.  The assessed costs of incarceration shall include the amount charged to the City of Maryville by the incarceration entity for the term of incarceration of said defendant, as well as all other costs associated therewith including any costs of transportation and costs associated with obtaining the defendant's appearance before the Court and/or returning defendant to the incarceration facility.  (R.O. 2008 §115.295; Ord. No. 5181 §1, 1-10-94; Ord. No. 6772 §§1--2, 8-8-05)


SECTION115.296: CHILDREN AND FAMILY CENTER OF NORTHWEST MISSOURI SURCHARGE

In addition to any fine or other costs, there shall be assessed as Court costs the sum of two dollars ($2.00) per case, for each municipal ordinance case filed before the Municipal Judge of the City of Maryville, Missouri, said amount to be collected pursuant to Section 488.607 RSMo., related to the operations of the Children and Family Center of Northwest Missouri, located in Maryville, Nodaway County, Missouri. It is, provided however, that no surcharge shall be collected when the proceeding or defendant has been dismissed by the Court, when costs are waived, or when costs are paid by the City. These costs shall be calculated as additional costs by the Municipal Court and shall be collected by the Court in the same manner as other costs and fees are collected. The surcharge shall be transmitted monthly to the Children and Family Center of Northwest Missouri, Maryville, Nodaway County (Ord. No 7707 § 1-12-15) 

SECTION 115.297:   SURCHARGE FOR INMATE SECURITY FUND

A two dollar ($2.00) surcharge per case for such municipal ordinance violations for the purpose of providing operating expenses for an Inmate Security Fund is established pursuant to Section 488.5026, RSMo.

      1.   The judge in such cases may waive the assessment of this surcharge in those cases where the defendant is found by the judge to be indigent and unable to pay the cost.

      2.   Such surcharge shall be collected by the Clerk of the Municipal Court and dispersed to the City at least monthly.

      3.   Such surcharge shall not be assessed against the defendant when any proceeding or defendant has been dismissed.  (Ord. No. 7117 §1, 5-11-09)

SECTION 115.298: JUSTICE INFORMATION SYSTEM IMPLEMENTATION AUTOMATION FEE

In addition to any fine or other costs, there shall be assessed as Court costs the sum of seven dollars ($7.00) per case, for each municipal ordinance case filed before the Municipal Judge of the City of Maryville, Missouri, said amount to be collected, for services relating to the Justice Information System implementation process.  No surcharge shall be collected when the proceeding or defendant has been dismissed by the Court, when costs are waived, or when costs are paid by the City.  Such surcharge shall be collected by the Municipal Court and transmitted monthly to the Missouri Director of Revenue to the credit of the Missouri Statewide Court Automation Fund, as provided in RSMo. Section 488.012.3(5) and Section 488.027.2.

SECTION 115.299: COURT COSTS - SHERIFF'S RETIREMENT FUND

A fee of Three Dollars ($3.00) shall be assessed for the Sheriff's Retirement Fund  established by the State, except any proceeding when the proceeding of a Defendant has been dismissed by Court. (Ord. No. 7890 § 9-14-2016)

SECTION 115.300:   COSTS, ASSESSMENT AGAINST PROSECUTING WITNESS

The costs of any action may be assessed against the prosecuting witness and judgment be rendered against him/her that he/she pay the same and stand committed until paid in any case where it appears to the satisfaction of the Municipal Judge that the prosecution was commenced without probable cause and from malicious motives.  (R.O. 2008 §115.300; Ord. No. 4882 §1, 5-14-90)

SECTION 115.310:   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 the fine on an installment basis under such terms and conditions as he/she may deem appropriate.  (R.O. 2008 §115.310; Ord. No. 4882 §1, 5-14-90)


SECTION 115.315: COMMUNITY SERVICE


A. The Municipal Judge for the City of Maryville or the person performing the duties of the Municipal Judge may order any person who has been convicted, or has received a suspended imposition of sentence for violating an ordinance of the City of Maryville whether the original punishment be by fine or imprisonment or both, to perform alternative community service, as defined in this Section, as a condition of probation or in lieu of a fine or imprisonment, or both.


B. Alternative community service may consist of:

1.  Service on the public streets, highways and alleys or other public works or buildings or public grounds of the City of Maryville, and /or

2. Such other service for a charitable, religous or educational organization or entity as may be approved and authorized by the Municipal Judge for the City of Maryville or authorized by resolution of the City Council.

3. The service performed pursuant to Subsection A. and/or B. herein above shall be performed without compensation to the defenant for such service.


C. If the alternative community service determined by the Municipal Judge for the City of Maryville is pursuant to Subsection A. herein above, the Chief of Police or other officer of the City of Maryville, as may be authorized by resolution of the City Council, is hereby authorized, empowered and directed to assign work to and supervise all persons ordered to perform alternative community service by the Municipal Judge.


D. The Municipal Judge may determine the number of hours  of alternative community service that a person shall perform under this Section.


E. If alternative community service is ordered by the Municipal Judge for the City of Maryville, the defendant shall not be required to pay additional fees or costs for participation in the alternative community service.


F. The authority granted in this Section shall be subject to the provisions of Secction 559.021 of the Revised Statutes of the State of Missouri. (Ord. No. 7896 § 9-28-2016)

SECTION 115.320:   MISDEMEANOR DEFINED

A.  Whenever the term "misdemeanor" is used in any ordinance of the City, it shall be construed to mean and              standin lieu of "a violation of an ordinance". 

B.  Any person who shall be convicted of a misdemeanor under the provisions of any ordinance of the City in cases where no penalty is otherwise provided or prescribed, may be fined or imprisoned, or both, in the discretion of the Court before whom conviction may be had, but no fine or penalty shall exceed five hundred dollars ($500.00) or imprisonment to exceed three (3) months.

C.  In any ordinance the doing of an act or omission to do any act or duty is declared to be a breach thereof and there shall be no fine or penalty defined or declared for such breach, any person who shall be convicted of any such breach may be fined or imprisoned, or both, in the discretion of the Court before whom conviction may be had, but no fine or penalty shall exceed five hundred dollars ($500.00) nor imprisonment to exceed three (3) months.  (R.O. 2008 §115.320; Ord. No. 4882 §1, 5-14-90)

SECTION 115.330:   ADMINISTRATIVE SEARCH WARRANTS

A.  Administrative Search Warrants.

      1.   An administrative search warrant is a written order of the Municipal Court Judge commanding the search or inspection of any property, place or thing and the seizure, photographing, copying or recording of property or physical conditions found thereon or therein to determine or prove the existence of any ordinance or code violation of the City of Maryville relating to the use, condition or occupancy of property or structures located within the City of Maryville or to enforce the provisions of any such ordinance or code Section.

      2.   The Municipal Judge having original and exclusive jurisdiction to determine violations against the ordinance of the municipality may issue an administrative search warrant when the property or place to be searched or inspection of the thing to be seized is located within the City limits of the City of Maryville at the time of the making of the application and the owner or occupant of the property or place to be searched or inspection of the thing to be seized has refused to allow same after an official request.

      3.   Any such warrant shall be directed to the Director of Maryville Public Safety or any other Law Enforcement Officer of the City of Maryville and shall be executed within the City limits of the City of Maryville.

B.  Application Procedures.

      1.   The City Attorney of the City of Maryville, the City Prosecuting Attorney for the City of Maryville or any law enforcement office of the City of Maryville may make application to the Municipal Court Judge for the issuance of an administrative search warrant.

      2.   The application shall:

            a.   Be in writing;

            b.   State the time and date of the making of the application;

            c.   Identify the property or places to be entered, searched, inspected or seized in sufficient detail and particularly that the officer executing the warrant can readily ascertain it;

            d.   State that the owner or occupant of the property or places to be entered, searched, inspected or seized has been requested by the City of Maryville to allow such action and has refused to allow such action;

            e.   State facts sufficient to show probable cause for the issuance of a search warrant as provided herein to search or inspect for violations of an ordinance or code Section specified in the application or show that entry or seizure is authorized and necessary to enforce an ordinance or code Section specified in the application and that any required due process has been afforded prior to the entry or seizure;

            f.    Be verified by the oath or affirmation of the applicant; and

            g.   Be signed by the applicant and filed with the Maryville Municipal Division of the Circuit Court of Nodaway County, Missouri.

C.  Search Warrant Hearing Procedure.

      1.   The Municipal Judge shall hold a non-adversary hearing to determine whether probable cause exists to inspect or search for violations of any City of Maryville ordinance or code Section or to enforce any such ordinance or code Section.

      2.   In doing so, the Municipal Judge shall determine whether the action to be taken by the City of Maryville is reasonable in light of the facts stated.  The Municipal Judge shall consider the goals of the ordinance or code Section sought to be enforced and such other factors as may be appropriate including, but not limited to, the physical condition of the specified property, the age and nature of the property, the condition of the area in which the property is located, the known violation of any relevant Maryville ordinance or code Section and the passage of time since the property's last inspection.  The standard for issuing a warrant need not be limited to actual knowledge of an existing violation of a Maryville ordinance or code Section.

      3.   If it appears from the application and any supporting affidavit that there is probably cause to inspect or search for violations of any City of Maryville ordinance or code Section or to enforce any such ordinance or code Section, a search warrant shall immediately be issued.

      4.   The application, any supporting affidavit and one (1) copy of the warrant as issued shall be retained in the records of the Municipal Court.

D.  Contents Of Search Warrant.  The search warrant shall:

      1.   Be in writing and in the name of the City of Maryville;

      2.   Be directed to any Law Enforcement Officer of the City of Maryville;

      3.   State the time and date the warrant was issued;

      4.   Identify the property or places to be searched, inspected or entered upon in sufficient detail and particularity that the Law Enforcement Officer executing the warrant can readily ascertain it;

      5.   Command that the described property or places be searched or entered upon and that any evidence of any Maryville ordinance violations found therein or thereon, or any property seized pursuant thereto, or a description of such property seized be returned within ten (10) days after filing of the application to the Municipal Judge who issued the warrant, to be dealt with according to law;

      6.   Be signed by the Judge with his/her title of office indicated.

E.   Search Warrant Execution And Return.

      1.   A search warrant issued under this Section shall be executed only by a Maryville Law Enforcement Officer.  It is provided, however, that one (1) or more designated officials including Code Enforcement Officers, employees of the Maryville Department of Public Works or other appropriate individuals may accompany the Law Enforcement Officer, and the warrant shall be executed in the following manner:

            a.   The warrant shall be executed by conducting the search, inspection, entry or seizure as commanded and shall be executed as soon as practicable and in a reasonable manner.

            b.   The officer shall give the owner or occupant of the property searched, inspected or entered upon a copy of the warrant.

            c.   If any property is seized incident to the search, the officer shall give the person from whose possession it was taken, if the person is present, an itemized receipt for the property taken.  If no such person is present, the officer shall leave the receipt at the site of the search in a conspicuous place.

            d.   A copy of the itemized receipt of any property taken shall be delivered to the City Attorney or City Prosecuting Attorney within two (2) working days of the search.

            e.   The disposition of property seized pursuant to a search warrant under this Section shall be in accordance with an applicable Maryville ordinance or code Section, but in the absence of same, then with Section 542.301, RSMo.

      2.   The officer may summon as many persons as he/she deems necessary to assist him/her in executing the warrant, and such persons shall not be held liable as a result of any illegality of the search and seizure.

      3.   An officer making a search pursuant to an invalid warrant, the invalidity of which is not apparent on its face, may use such force as he/she would be justified in using if the warrant were valid.

      4.   A search warrant shall expire if it is not executed and the required return made within ten (10) days after the date of the making of the application.

      5.   After execution of the search warrant, the warrant, with a return thereon signed by the officer making the search, shall be delivered to the Municipal Court.  The return shall show the date and manner of execution and, if known, the name of the possessor and of the owner, when not the same person of the property or places searched or seized.

      6.   Upon request, the Court Clerk, shall deliver a copy of the return, to the possessor and the owner, when not the same person of the property searched or seized.

F.   Invalidity Of Search Warrant.  A search warrant executed under this Section shall be held to be invalid in the following circumstances:

      1.   If it was not issued by the Municipal Judge;

      2.   If it was issued without a written application having been filed and verified;

      3.   If it was issued without sufficient probable cause in light of the goals of the ordinance to be enforced and such other factors as provided herein;

      4.   If it was not issued with respect to property or places in the City of Maryville.  (R.O. 2008 §115.330; Ord. No. 6380 §1, 6-13-01; Ord. No. 6417 §1, 10-22-01)