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[Ord. No. 1365 §1, 11-19-1997; Ord. No. 1373 §1, 8-10-1998; Ord. No. 1400 §§1 — 2, 1-19-2000]
There shall be a Municipal Court of the City of Plattsburg, Missouri, which shall have original jurisdiction over violations of the Municipal Code of the City of Plattsburg. This Court, as so established, shall be located and convene at Plattsburg City Hall, or such other location on the first (1st) Thursday of each month. The mailing address of said Court and all employees hereof shall be: P.O. Box 414, Plattsburg, Missouri 64477. This Court, as so established, shall be known as "The Plattsburg Municipal Court, a Division of the Clinton County Circuit Court".
[Ord. No. 1365 §2, 11-19-1997]
There shall be an administrative department of the City known as the Municipal Court Department. The Police Board, a committee selected by the Mayor from members of the Board of Aldermen, in consultation with the Personnel Manager, shall have the authority to establish such rules, policies and procedures as may be necessary for the efficient, economic and orderly administration of the business of the Municipal Court Department. The Police Board, in consultation with the Mayor, Clerk of the Court and Personnel Manager, shall have the further authority to provide for a budget and funding for operations of the Municipal Court Department. The Police Board, in consultation with the Mayor, Clerk of the Court and Personnel Manager, shall determine the frequency of Municipal Court sessions, the regular dates on which the Court shall convene, and the times at which Court shall be held, and may revise such dates and times as may serve the needs of the City.
[Ord. No. 1365 §3, 11-19-1997]
There shall be at least one (1) Municipal Judge, who shall have authority to hear and determine all charges of violations of the Municipal Code of the City of Plattsburg, Missouri. The Municipal Judge or, if more than one (1) Judge is employed, the most senior Municipal Judge, shall be the head of the Municipal Court Department and shall be the immediate supervisor of all other employees of the Municipal Court Department. The Municipal Judge shall be supervised and evaluated by the Personnel Manager, and shall report and account to the Police Board with respect to all operations of the Department. The position of Municipal Judge shall be part-time, and the individual holding same shall be deemed an "hourly" and "occasional employee" of the City.
[Ord. No. 1570 §1, 2-12-2003]
The Municipal Court of the City shall be subject to the rules of the Circuit Court of Clinton County, and to the rules of the Missouri Supreme Court. The Municipal Court shall be subject to the general administrative authority of the presiding judge of the Clinton County Circuit Court, and the judge and Court personnel of said Court shall obey the presiding judge's directives.
[Ord. No. 1365 §4, 11-19-1997; Ord. No. 1570 §2, 2-12-2003]
The Municipal Judge shall be appointed by the Board of Aldermen and shall hold office for a term of not less than two (2) years, subject solely to removal for cause by a majority vote of the Board of Aldermen.
[Ord. No. 1365 §5, 11-19-1997]
If the Municipal Judge is absent, unavailable, sick or disqualified from acting, the Clerk of the Municipal Court may continue any scheduled session of the Municipal Court for a period of up to forty-five (45) days. In such event, the Municipal Court Clerk shall provide written notice of the continuance to all parties scheduled to appear before the Court and shall reset hearing of their causes for a date certain. If the Municipal Judge becomes ill, unavailable, or is otherwise disqualified from acting for a period of more than forty-five (45) days, the Personnel Manager shall designate an eligible person to act as Municipal Judge until such absence or disqualification shall cease. However, should such absence or disqualification continue, or be likely to continue, for a period of six (6) consecutive months, the office of Municipal Judge shall be deemed abandoned and the Personnel Manager shall solicit qualified applicants to fill the vacancy. The Police Board is authorized to grant leave of absence in excess of six (6) months to an employee holding the position of Municipal Judge only when such leave would serve the best interests of the City and the Municipal Court Department.
[Ord. No. 1365 §6, 11-19-1997]
Any person appointed to the position of Municipal Judge shall be a resident of the State of Missouri for a period of ninety (90) days prior to appointment and shall continue to reside in the State of Missouri throughout his/her term of office. The Police Board may, but is not required to, give preference to qualified applicants residing within Clinton County and/or within the established limits of the City.
[Ord. No. 1365 §7, 11-19-1997; Ord. No. 1570 §3, 2-12-2003]
A. 
Any person appointed to the position of Municipal Court Judge shall meet all of the following requirements and qualifications:
1. 
Said person shall hold no other office or employment position with the City of Plattsburg and shall engage in no other employment or activity which could create a conflict of interest with respect to the duties of the office or the fair administration of justice;
2. 
Said person shall be at least twenty-one (21) years of age and may not be appointed or permitted to serve after said person has reached his or her seventy-fifty (75th) birthday.
3. 
Said person shall not have been convicted of or plead guilty to any felony, or any crime involving theft, dishonesty or moral turpitude;
4. 
Said person shall be a graduate of a School of Law accredited by the American Bar Association; and
5. 
Said person shall be licensed by examination to practice law in the State of Missouri and shall be a member, in good standing, of the Missouri Bar Association.
[Ord. No. 1365 §8, 11-19-1997; Ord. No. 1570 §4, 2-12-2003]
The Municipal Court Judge shall receive such compensation for his or her services as the Board of Aldermen may from time to time determine, payable in equal monthly installments.
[Ord. No. 1365 §9, 11-19-1997]
A. 
Every person appointed to the office of Municipal Court Judge shall be, and is hereby authorized and directed to:
1. 
Administer oaths and enforce due obedience to all orders, rules and judgments made by him/her; impose fines and/or imprison for contempt committed before the Court; or for violation of any order of the Court, in the same manner and to the same extent as a Judge of the Circuit Court of this State;
2. 
Commute the term of any sentence, stay execution of any fine or sentence, suspend any fine or sentence or imposition thereof, and to make such other orders as the Municipal Court Judge deems necessary and appropriate relative to any matter that may be pending in and before the Municipal Court;
3. 
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 or to implement and carry out the provisions of the Missouri Rules of Practice and Procedure in Municipal and Traffic Courts. Any and all rules made or adopted hereunder may be annulled or amended by an ordinance limited to such purpose, provided that such ordinance does not violate or conflict with the provisions of the Missouri Rules of Practice and Procedure in Municipal Courts or other Statutes or common law of the State;
4. 
To supervise and direct the day to day work and activities of the Clerk of the Municipal Court, and such other persons as may be employed in the Municipal Court Department;
5. 
To establish by Standing Order, in connection with charged violations of any ordinance of the City, a bond schedule and procedures for handling bonds, and to amend such Standing Order from time to time, as may be necessary and appropriate to the effective administration of justice; and
6. 
To exercise such other powers, duties and privileges as are or may hereafter be prescribed by the laws or Constitution of this State, this Chapter, or by other ordinance of this City.
[Ord. No. 1570 §5, 2-12-2003]
The Municipal Judge shall cause a docket to be kept in which he or she shall enter every case commenced before him/her and the proceedings therein and shall keep other records as required. Such docket and records shall be records of the Circuit Court of Clinton County, Missouri. The Municipal Judge shall deliver said docket and records and all books and papers pertaining to his or her office to his/her successor in office or to the Presiding Judge of the Circuit Court.
[Ord. No. 1570 §6, 2-12-2003]
If, in the progress of any trial before the 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 of Missouri and not cognizable before him or 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 an Associate Circuit Judge within and for Clinton County.
[Ord. No. 1365 §10, 11-19-1997]
A. 
The office of the Clerk of the Municipal Court is hereby established. The Clerk of the Municipal Court shall be a part-time, hourly, "occasional" employee of the City. The duties of the Clerk shall be as follows:
1. 
To collect and receipt for fines for violations of such offenses as are prescribed by the City Code, and for such other costs, fees, monetary penalties, assessments, and surcharges as are within the jurisdiction and authority of the Municipal Court;
2. 
To take oaths and affirmations;
3. 
To accept signed complaints, and allow same to be signed and sworn to or affirmed in his/her presence;
4. 
To sign and issue subpoenas requiring the attendance of witnesses and to sign and issue subpoenas duces tecum;
5. 
To accept the appearance, wavier of trial, plea of guilty, and payment of fine and costs in matters involving violations of traffic and/or parking ordinances, or as otherwise directed by the Municipal Judge;
6. 
To collect, account for and pay to the State of Missouri such costs, penalties, fines, assessments and surcharges as may be required by Statute or law;
7. 
To comply with all requirements, policies and procedures of the State of Missouri with respect to the uniform reporting of traffic ordinance violations;
8. 
To perform all other duties as provided for by ordinance, by rules of Municipal Court Practice and Procedure adopted by the Municipal Court Judge (or by the Chief Judge, if more than one (1) Judge is employed by the City), by Department Operating Procedure as adopted by the Police Board, by the Missouri Rules of Practice and Procedure in Municipal and Traffic Courts, and otherwise by State Statute or common law;
9. 
To maintain, properly certified by the Clerk, a complete copy of the Municipal Code of the City, which shall constitute prima facie evidence of each such ordinance therein before the Court. Further, to maintain a certified copy of same on file with the Clerk serving the Circuit Court of Clinton County. Further, to certify the accuracy of any ordinance of the City in connection with any other judicial proceeding;
10. 
To supervise and direct the day to day work of such other employees of the Municipal Court Department as may be retained and assigned to assist the Clerk in the performance of his/her duties;
11. 
To prepare the docket for each session of the Court, to grant one (1) continuance of not more than forty-five (45) days at the request of any party; and to issue notices of trial, hearings and continuances;
12. 
To keep an official file for each charge coming before the Court, which shall contain, at a minimum: a copy of the charge or notice of violation; a copy of all motions filed in the cause; a copy of all notices issued in the cause; a copy of all correspondence received by the Court in the cause; a copy of all orders of the Court entered in the cause; a record of all exhibits offered, admitted and/or excluded from evidence in the trial of any cause; and a record of satisfaction and/or completion of any fines, costs, penalties, surcharges or sentences imposed;
13. 
To maintain and account for all funds in and expenditures from the Law Enforcement Training Fund and the Judicial Education Fund;
14. 
To maintain a current list of the names and addresses of person placed under probation by the Municipal Court Judge and to promptly notify the City Attorney of the filing of charges potentially effecting the probationary status of any such person;
15. 
To maintain a current ledger of persons sentenced to perform community service as a penalty for the violation of any ordinance, to monitor the status of completion of such sentence, and to promptly notify the City Attorney of the failure of any such person to complete such sentence within the time prescribed by the Court;
16. 
To maintain a current ledger of persons granted an extension of time to pay any costs, fines, monetary penalties or surcharges, including a record of the time granted for payment and the receipt of all payments in satisfaction thereof; and to promptly notify the City Attorney of the failure of any such person to make any payment so required within ten (10) days of the date on which such payment was due;
17. 
To account for and pay into the general Treasury of the City those monies received by the Municipal Court;
18. 
To authorize expenditures, and to expend sums, for the general operation of the business of the Court, in an amount not to exceed twenty-five dollars ($25.00), and to account for such expenditures from the operating funds of the Municipal Court Department;
19. 
To make request to the Personnel Manager and/or Police Board for authority to expend sums for the general operation of the Municipal Court which exceed the sum of twenty-five dollars ($25.00);
20. 
To be present thirty (30) minutes prior to any session of the Court, to attend all sessions of the Court, call the Court to order, mark all exhibits offered by any party, record the admission and/or exclusion of exhibits into evidence by the Judge, to make an audio tape recording of all hearings and trials at the request of any party or the Judge and to certify the recording of all hearings and trials at the request of any party or the Judge and to certify the accuracy of same, to arrange for attendance of certified court reporter at such proceedings upon request of the Judge (or of any party advancing the costs of same), and to otherwise assist the Judge as he/she may request or require while Court is convened; and
21. 
To generally perform all other services as may be necessary for the proper functioning of the Municipal Court or the Municipal Court Department.
[Ord. No. 1365 §11, 11-19-1997]
The Personnel Manager shall solicit candidates for the position of Clerk of the Municipal Court, and shall refer qualified applicants to the Police Board. The Police Board, in consultation with the Personnel Manager, shall interview candidates so referred and select the best qualified applicant to fill the position.
[Ord. No. 1365 §12, 11-19-1997]
A. 
Candidates for the position of Municipal Court Clerk shall:
1. 
Be at least eighteen (18) years of age;
2. 
Be a graduate of a State accredited high school or holder of a certificate of equivalency;
3. 
Be proficient by education and/or experience in accounting and record keeping;
4. 
Said person shall engage in no other employment or activity which could create a conflict of interest with respect to the duties of the office or the fair administration of justice;
[Ord. No. 2227 §1, 12-11-2014]
5. 
Have not been convicted of or plead guilty to any felony, or any crime involving theft, dishonesty or moral turpitude, within a period of ten (10) years prior to the date of application for the position; and
6. 
Have been a resident of the State of Missouri and of Clinton County for at least ninety (90) days prior to employment, and remain a resident of said State and County during the entire period of employment. The Police Board is authorized, but not required, to grant preference to any qualified candidate for the office who resides within or is willing to relocate to a residence within the limits of the City.
[Ord. No. 1365 §13, 11-19-1997]
A. 
The Clerk of the Municipal Court shall be compensated at an hourly rate for his/her services rendered to the nearest 10th of an hour. The Police Board is authorized and directed to establish an hourly rate of compensation, and to grant increases or reductions thereof, consistent with the qualifications, performance, and duties performed by the Clerk and in furtherance of the needs of the City. The Clerk shall keep an accurate record of the time spent by him/her in service of the City, which shall include a specific description of the nature of the work or duty performed and the time for the performance of same, which time shall be recorded to the nearest tenth (10th) of an hour on a daily basis. The Clerk shall submit such time record to the Personnel Manager for review and approval on or prior to the twenty-seventh (27th) day of the month during which the service was rendered. The Personnel Manager is authorized, but not required, to compensate the Clerk for mileage incurred in the performance of his/her duties, at a rate not to exceed thirty cents ($.30) per mile. The Clerk of the Municipal Court shall not be entitled to "employee benefits" provided regular employees of the City, and shall not be required to contribute to any pension or retirement fund established for regular City employees. The Police Board is authorized to revise or modify the amount or method of compensation provided to the Clerk of the Municipal Court, or the requirements imposed herein with respect to same, without further formal action by the Board of Aldermen.
B. 
The Clerk of the Municipal Court shall serve for an indefinite term, at the pleasure of the Police Board, and may be removed at any time, with or without cause, as best serves the needs and interests of the City and the Municipal Court Department, upon unanimous recommendation of the Police Board and the Personnel Manager, and by approval of the Mayor. All temporary vacancies and absences of the office of Clerk, of a duration not to exceed forty-five (45) days, shall be filled by appointment of the Personnel Manager. All absences and vacancies of the office of a duration exceeding forty-five (45) days shall be deemed an abandonment of the office, and shall be filled in accordance with the procedures set forth above, unless a longer leave of absence is approved by unanimous consent of the Personnel Manager and the Police Board, such consent to be granted only when in the best interests of the City and the Municipal Court Department.
[Ord. No. 1366 §1, 11-19-1997]
A Clerk fee in the amount of twelve dollars ($12.00) shall be assessed by the Municipal Court Judge as a Court cost in each matter filed in the Municipal Court which is resolved by a finding of guilt, a plea of guilty, a plea of nolo contendere, or otherwise upon any agreement between the City and the party charged with the violation. A separate fee shall be assessed for each separate charge or violation of any criminal law of the State or of a City ordinance. Said costs shall be collected by the Clerk of the Municipal Court and paid into the Municipal Treasury, as required by Section 479.080, RSMo.
[Ord. No. 1366 §2, 11-19-1997]
The Municipal Judge is hereby authorized, to the extent necessary and proper and/or the extent authorized or mandated by State law, to impose a service charge, in addition to the Clerk fee, to recover special costs or expenses incurred by the City in connection with the enforcement and/or prosecution of each violation of any criminal law of the State or of a City ordinance. The amount of said service charge shall not exceed the actual costs or expenses incurred by the City in connection with the violation charged, and may be assessed for each separate charge or violation in any case before the Municipal Court Judge which is resolved by a finding of guilt, a plea of guilty, a plea of nolo contendere, or otherwise upon any agreement between the City and the party charged with the violation. Said charges shall be collected by the Clerk of the Municipal Court and applied to the actual debt, cost or expense incurred by the City.
[Ord. No. 1366 §3, 11-19-1997]
For each person committed to imprisonment by the Municipal Court Judge in punishment for any conviction of a criminal law of the State or of a City ordinance, the Municipal Court Judge may further impose the costs of said incarceration, in an amount not to exceed thirty dollars ($30.00) per day, for each such day of incarceration, plus the actual amount of any expense incurred by the City for medical care required by said prisoner during the period of incarceration. Said costs may be imposed in addition to any other costs, monetary fine or penalty assessed by the Municipal Court Judge. Said costs shall be collected by the Clerk of the Municipal Court and applied to satisfy or reduce the actual costs and expenses incurred by the City in connection with said period of confinement.
[Ord. No. 1366 §4, 11-19-1997; Ord. No. 1484 §1, 10-10-2001]
Pursuant to Section 595.045, RSMo., a surcharge in the amount of seven dollars fifty cents ($7.50) shall be assessed by the Municipal Court Judge against the defendant in connection with every separate charge of a violation of any criminal law of the State, or of any City ordinance, except that no such surcharge shall be assessed in any case or proceeding in which the defendant is voluntarily dismissed by the City, or when a Clerk fee is not assessed against the defendant. Said surcharge shall be collected by the Clerk of the Municipal Court. At least monthly, the Clerk of the Municipal Court shall pay to the Director of Revenue of the State of Missouri the sum of seven dollars thirteen cents ($7.13) for each surcharge so assessed and paid and shall pay the sum of thirty-seven cents ($.37) from each such surcharge into the City Treasury. The terms and provisions of Section 595.045, RSMo., and any subsequent amendments or revisions thereto, including any future increases or reductions in the surcharge set forth therein, are hereby specifically incorporated herein by reference.
[Ord. No. 1366 §5, 11-19-1997]
Pursuant to Section 590.140, RSMo., a surcharge in the amount of two dollars ($2.00) shall be assessed by the Municipal Court Judge against the defendant for every separate charge of a violation of any general criminal law of the State, or of any City ordinance, except that no such fee shall be charged in connection with the violation of any State fish and game regulation, and no such fee shall be collected in any matter in which the proceeding or defendant has been dismissed by the Municipal Court Judge. Said surcharge shall be collected by the Clerk of the Municipal Court and shall be deposited in a separate fund and thereafter used for the training of the Chief of Police, Law Enforcement Officers, City Reserve Law Enforcement Officers, and any Coroner or Deputy Coroner who may be employed by the City. The Clerk of the Municipal Court shall retain in said fund no more than one thousand five hundred dollars ($1,500.00) for each such officer, officer candidate, Coroner or assistant thereof as may be then employed by the City. All excess funds shall be transferred to and deposited in the general Treasury of the City on a quarterly basis. The provisions of this Section shall be effective from and after July 1, 1998.
[Ord. No. 1366 §6, 11-19-1997]
Pursuant to Section 590.140, RSMo., a surcharge in the amount of one dollar ($1.00) shall be assessed by the Municipal Court Judge against a defendant for each and every separate charge of a violation of any general criminal law of the State, or of any City ordinance, except that no such fee shall be charged in connection with the violation of any State fish and game regulation, and no such fee shall be collected in any matter in which the proceeding or defendant has been dismissed by the Municipal Court Judge. Said surcharge shall be collected by the Clerk of the Municipal Court and paid to the "Treasurer, State of Missouri" to the credit of "The Peace Officer Standards and Training Commission Fund", directed to the "Budget Director, Department of Public Safety, Post Office Box 749, Jefferson City, Missouri 65102-0749", said payment to be made on a monthly basis, on or before the fifteenth (15th) day of each month, to be used for statewide training of Law Enforcement Officers.
[Ord. No. 1366 §7, 11-19-1997]
A Judicial Education Fund is hereby established to provide for the continuing education and certification of any Municipal Court Judge employed by the City, and for the judicial education and training of the Administrator(s) and Clerk(s) of the Municipal Court. The Clerk of the Municipal Court is hereby authorized to withhold one dollar ($1.00) from all costs and fees collected in any Municipal Court case, and to deposit that amount in the Judicial Education Fund. The Clerk of the Municipal Court shall administer the Fund. The Clerk of the Municipal Court shall retain in said Fund no more than one thousand five hundred dollars ($1,500.00) for each person then employed by the Municipal Court as a Judge, Clerk or Administrator. All excess funds shall be transferred to and deposited in the general Treasury of the City on a quarterly basis.
[Ord. No. 1366 §8, 11-19-1997]
Pursuant to Section 577.048, RSMo., the Municipal Court Judge may, in his/her discretion, assess an amount not to exceed the reasonable cost of making an arrest and actual cost of any chemical test performed, against any defendant charged with a violation of any law of the State, or any City ordinance, involving an alcohol or drug-related traffic offense, except that no such fee shall be collected in any matter in which the proceeding or defendant has been dismissed by the Municipal Court Judge. Said costs shall be collected by the Clerk of the Municipal Court and applied to satisfy or reduce the actual costs and expenses incurred by the City in connection with said arrest and/or testing.
[Ord. No. 1366 §9, 11-19-1997]
Pursuant to Section 302.137, RSMo., and in addition to such other costs, fines, fees or punishments as may be otherwise authorized by State law or City ordinance, the Municipal Court Judge shall enter a monetary judgment in the amount of five dollars ($5.00) against any person who violates a Missouri law or a City ordinance, when the Municipal Court Judge also finds that the violation occurred when the defendant was the operator of a motorcycle or motortricycle, or where the defendant causes an accident involving a motorcycle or motortricycle. Said judgment shall be entered in favor of the State of Missouri "Motorcycle Safety Trust Fund". The amounts assessable as judgments pursuant to this Section shall be doubled if the operator at fault is found by the Municipal Court Judge to have violated any State law or City ordinance relating to the consumption of alcohol. Said judgment shall be collected by the Clerk of the Municipal Court and shall be paid into the State Treasury to the credit of the Motorcycle Safety Trust Fund. The Clerk of the Municipal Court shall disburse all amounts collected pursuant to this Section to the State Treasury within thirty (30) days of receipt thereof, retaining no more than twenty percent (20%) of such amount to defer the City's costs and expenses of administration of this Section.
[Ord. No. 1366 §10, 11-19-1997]
All Court costs, fees, surcharges and judgments provided for herein are due and payable at the time they are entered or ordered by the Municipal Court Judge; provided that if the amount of such Court costs cannot be readily determined, then the Clerk of the Municipal Court shall collect a deposit based upon the likely amount of same, and the balance thereof shall be payable immediately upon ascertainment of the proper amount. Failure to collect the Court cost shall not affect the validity of the Court cost or service. The Municipal Court Judge may, in his/her discretion and upon good cause shown, extend the time for payment to a date certain, not to exceed three hundred sixty-five (365) days from the date of entry. If any amount assessed under this Section is not paid when due, and upon notification to the party (or any attorney of record for the party) from whom the amount is due, and failure to pay the amount after such notice, the Municipal Court Judge shall hold the party in contempt and may pursue such other penalties, relief or remedies as are authorized and permitted by the Statutes or Constitution of the State of Missouri.
[Ord. No. 2427, 8-12-2021]
The Board of Aldermen hereby approves a State Court automation surcharge of seven dollars ($7.00) is assessed in all cases in which court costs are taxed. Pursuant to Section 488.012.3(5), RSMo., and Section 488.027.2, RSMo., said surcharge is collected by this Municipal Court and transmitted monthly to the Missouri Director of Revenue and applied to the Missouri Statewide Automation Fund. The terms and provisions of Sections 488.012(5) and 488.027.2, RSMo., and any subsequent amendments or revisions thereto, including any future increases or reductions in the surcharge set forth therein, are hereby specifically incorporated herein by reference.
[Ord. No. 1479 §1, 9-12-2001]
A. 
Assessment Against Persons Committing An Intoxication-Related Offense. Pursuant to Section 304.027, RSMo., and in addition to such other costs, fines, fees or punishments as may be otherwise authorized by State law or City ordinance, the Municipal Court Judge shall enter a monetary judgment in the amount of twenty-five dollars ($25.00) against any person who is convicted of an intoxication-related offense, as defined by Section 577.023, RSMo., and any subsequent amendments thereto. An "intoxication-related traffic offense" is currently defined as "driving while intoxicated, driving with excessive blood alcohol content, or driving under the influence of alcohol or drugs in violation of State law or a County or municipal ordinance, where the Judge in such case was an attorney and the defendant was represented by or waived the right to an attorney in writing".
B. 
Collection And Disbursement Of Judgment. Said judgment shall be collected by the Clerk of the Municipal Court and shall be paid into the State Treasury to the credit of the Spinal Cord Injury Fund within thirty (30) days of receipt thereof, in accordance with the provisions of Sections 488.010 through 488.020, RSMo.
[Ord. No. 1492 §1, 12-19-2001]
A. 
As used in this Section, the term "construction zone" or "work zone" means any area upon or around any highway, as defined in Section 302.010, RSMo., or any street, alley or other public thoroughfare within the limits of the City, which is visibly marked by the State Department of Transportation or the Public Works Department of the City or by a contractor performing work for either of said entities, as an area where construction, maintenance or other work is temporarily occurring. The term "work zone" or "construction zone" also includes the lanes of any highway or street leading up to the area upon which an activity described in this Subsection is being performed, beginning at the point where appropriate signs directing motor vehicles to merge from one lane into another lane are posted.
B. 
Upon conviction or a plea of guilty by any person for a moving violation, herein defined as "that character of traffic violation where at the time of violation the motor vehicle involved is in motion, except that the term does not include the driving of a motor vehicle without a valid motor vehicle registration license, or violations of Sections 304.170 to 304.240, RSMo., inclusive, relating to sizes and weights of vehicles", the Court shall assess a fine of thirty-five dollars ($35.00), in addition to any other fine authorized to be imposed by law, if the offense occurred within a construction zone or a work zone.
C. 
Upon conviction or plea of guilty by any person for a speeding violation pursuant to any ordinance of this City, the Court shall assess a fine of two hundred fifty dollars ($250.00), in addition to any other fine authorized by law, if the offense occurred within a construction zone or a work zone and at the time the speeding violation occurred there was any person in such zone who was there to perform duties related to the reason for which the area was designated a construction zone or work zone. However, no person assessed an additional fine pursuant to this Subsection shall also be assessed an additional fine pursuant to Subsection (B) of this Section, and no person shall be assessed an additional fine pursuant to this Subsection if no signs have bean posted pursuant to Subsection (D) of this Section.
D. 
The penalty authorized by Subsection (C) of this Section shall only be assessed by the Court if the City, or the Missouri Department of Transportation or any contractor performing work for either such entity, has erected signs upon or around a construction or work zone which are clearly visible from the highway, street, alley or thoroughfare which state substantially the following message: "Warning, $250.00 fine for speeding or passing in this work zone".
E. 
During any day in which no person is present in a construction zone or work zone established pursuant to Subsection (C) of this Section to perform duties related to the purpose of the zone, the sign warning of additional penalties shall not be visible to motorists. During any period of two (2) hours or more in which no person is present in such zone on a day in which persons have been or will be present to perform duties related to the reason for which the area was designated as a construction zone or work zone, the sign warning of additional penalties shall not be visible to motorists. The City or State Department of Transportation or contractor performing work for either such entity shall be responsible for compliance with provisions of this Subsection. Nothing in this Subsection shall prohibit warning or traffic control signs necessary for public safety in the construction or work zone being visible to motorists at all times.
[Ord. No. 1520 §1, 6-12-2002]
A. 
Search Warrant Defined — Who May Issue, Execute.
1. 
An administrative search warrant is a written order of the Municipal 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 violations of any ordinance or Code Section of the City of Plattsburg, including those relating to the use, condition or occupancy of property or structures located within the City, or relating to the licensing and regulation of any animal or dog, or to those relating to connections to public utility services, or to those pertaining generally to the public health, safety or welfare, 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 ordinances of the municipality may issue an administrative search warrant when:
a. 
The property or place to be searched or inspected or the thing to be seized is located with the City of Plattsburg at the time of the making of the application, and
b. 
The owner or occupant of the property or place to be searched or inspected or the thing to be seized has refused to allow same after official request by a Building Inspector, Codes Administrator, Animal Control Officer, Police or Public Safety Officer and City Administrator.
3. 
Any such warrant shall be directed to the Chief of Police or any other Police/Public Safety Officer of the City and shall be executed by the Chief of Police or said Police Officer within the City limits and not elsewhere.
B. 
Who May Apply For Warrant — Contents Of Application.
1. 
Any Police Officer or an attorney of the City may make application to the Municipal 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 particularity 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 officer or employee, upon presentation of proper credentials, to allow such action and has refused to allow such action, or that the officer or employee has made a reasonable effort to locate the owner or other persons having charge or control of the building or premises and has been unable to locate any such person;
e. 
State facts sufficient to show probable cause for the issuance of a search warrant, as provided in Subsection (C)(1) hereof, to:
(1) 
Search or inspect for violations of an ordinance or Code Section specified in the application, or
(2) 
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;
(3) 
To search for and seize or photograph, copy or record any property, article, material or substance that constitutes evidence of the violation of a municipal ordinance; or property which has been stolen or acquired in any manner declared an offense under this Code; or property for which possession is an offense under this Code.
f. 
Be verified by the oath or affirmation of the applicant; and
g. 
Be signed by the applicant and filed in the Municipal Court.
3. 
The application may be supplemented by a written affidavit verified by oath or affirmation. Such affidavit shall be considered in determining whether there is probable cause for the issuance of a search warrant and in filling out any deficiencies in the description of the property or place to be searched or inspected. Oral testimony shall not be considered.
C. 
Hearing And Procedure — Contents Of Warrant — Execution And Return.
1. 
Hearing and procedure.
a. 
The Municipal Judge shall hold a non-adversary hearing to determine whether probable cause exists to inspect or search for violations of any municipal ordinance or Code Section or to enforce any such ordinance or Code Section.
b. 
In doing so, the Municipal Judge shall determine whether the action to be taken by the officer or employee 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 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 municipal ordinance or Code Section.
c. 
If it appears from the application and any supporting affidavit that there is probable cause to inspect or search for violations of any municipal ordinance or Code Section or to enforce any such ordinance or Code Section, a search warrant shall immediately be issued.
d. 
The warrant shall issue in the form of an original and two (2) copies, and the application, any supporting affidavit and one (1) copy of the warrant as issued shall be retained in the records of the Municipal Court.
2. 
Contents of search warrant. The search warrant shall:
a. 
Be in writing and in the name of the City of Plattsburg;
b. 
Be directed to any Police Officer in the City;
c. 
State the time and date the warrant was issued;
d. 
Identify the property or places to be searched, inspected or entered upon in sufficient detail and particularity that the officer executing the warrant can readily ascertain it;
e. 
Command that the described property or places be searched or entered upon, and that any evidence of any municipal 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;
f. 
Be signed by the Judge with his title of office indicated.
3. 
Execution and return.
a. 
A search warrant issued under this Section shall be executed only by the Chief of Police or a Police/Public Safety Officer, provided however, that one (1) or more designated City Officials may accompany the officer, and the warrant shall be executed in the following manner:
(1) 
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.
(2) 
The officer shall give the owner or occupant of the property searched, inspected or entered upon a copy of the warrant.
(3) 
Seized property — receipt to be given — disposition.
(a) 
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.
(b) 
A copy of the itemized receipt of any property taken shall be delivered to an attorney for the City within two (2) working days of the search.
(c) 
The disposition of property seized pursuant to a search warrant under this Section shall be in accordance with an applicable municipal ordinance or Code Section, but in the absence of same, then with Section 542.301, RSMo.
(4) 
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.
(5) 
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 would be justified in using if the warrant were valid.
(6) 
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.
b. 
Return requirements.
(1) 
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.
(2) 
The return shall show the date and manner of execution and the name of the possessor and of the owner, when not the same person, if known, of the property or places searched or seized.
(3) 
The return shall be accompanied by any photographs, copies or recordings made, and by any property seized, along with a copy of the itemized receipt of such property required by this Section; provided however, that seized property may be disposed of as provided herein, and in such a case a description of the property seized shall accompany the return.
(4) 
The Court Clerk, upon request, shall deliver a copy of the return to the possessor and the owner, when not the same person, of the property searched or seized.
4. 
Warrant invalid — when. A search warrant shall be deemed invalid:
a. 
If it was not issued by the Municipal Judge;
b. 
If it was issued without a written application having been filed and verified;
c. 
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 in Subsection (C)(1)(b) hereof;
d. 
If it was not issued with respect to property or places in the municipal limits of the City of Plattsburg;
e. 
If it does not describe the property or places to be searched, inspected, entered upon or seized with sufficient certainty;
f. 
If it is not signed by the Judge who issued it; or
g. 
If it was not executed and the required return made within ten (10) days after the date of the making of the application.
D. 
Warrant Not Required — When. In the event of an emergency effecting public health or safety, or constituting an immediate risk of injury to any person or damage to property, entry onto private property may be made and inspections thereof conducted by any authorized officer or employee of the City of Plattsburg without the issuance of an administrative warrant.
[Ord. No. 1570 §7, 2-12-2003]
If, upon trial before the Municipal Judge or any Court to which a transfer or appeal may be taken, it appears to the satisfaction of the Court or the jury trying the cause that the complaint or prosecution was made with actual malice and without probable cause, the Court shall so state in its findings, or the jury in its verdict, and the Court shall enter judgment for costs against the person at whose instance the complaint was made and shall issue execution therefore.
[Ord. No. 1570 §8, 2-12-2003]
A. 
When a fine is assessed for violating an ordinance, it shall be within the discretion of the Judge to provide for the payment of the fine on an installment basis under such terms and conditions as the Judge may deem appropriate.
B. 
When a defendant has failed to pay any fine assessed for violating an ordinance, it shall be within the discretion of the Judge to order a credit toward any fine connected with that arrest or order in an amount not to exceed fifty dollars ($50.00) for each eight (8) hour day of community service served by the defendant.
[Ord. No. 1570 §9, 2-12-2003]
A. 
It shall be unlawful for any person who has been charged with an offense of the ordinances of the City of Plattsburg, and the charge having been set in the Municipal Court of the City, to fail to appear before such Court as required.
B. 
A person commits the offense of failure to appear in Municipal Court if:
1. 
He or she has been issued a summons for a violation of any ordinance of the City of Plattsburg and fails to appear before the Judge of the Municipal Court at the time and on the date on which he or she was so summoned or at the time and on the date to which the case was continued.
2. 
He or she has been released upon recognizance of bond and fails to appear before the Judge of the Municipal Court at the time and on the date on which he or she was summoned or at the time and on the date to which the case was continued.
C. 
Proof of personal service, delivery or mailing, by certified mail, postage prepaid, of a summons or Court notice to the person shall establish a presumption of knowledge by that person of his or her Court date.
D. 
Nothing in this Section shall prevent the exercise by the Municipal Court of its power to punish for contempt.
E. 
Failure to appear in Municipal Court is an offense punishable by a fine not exceeding five hundred dollars ($500.00) or by imprisonment for a period not exceeding sixty (60) days, or by both such fine and imprisonment.
[Ord. No. 1570 §10, 2-12-2003]
If a violator of the restrictions on standing or parking under the traffic laws or ordinances of the City of Plattsburg does not appear in response to a uniform traffic ticket affixed to such motor vehicle within the time specified on the ticket, the Municipal Court Clerk shall send to the owner of the motor vehicle to which the traffic ticket was affixed a letter informing him/her of the violation and warning him/her that in the event such letter is disregarded for a period of seven (7) days, a warrant of arrest will be issued.
[Ord. No. 1570 §11, 2-12-2003]
A. 
A person commits the offense of failure to comply with a subpoena issued by the Municipal Court if, after being duly served with such a subpoena, he or she fails to appear at the time and place and in the manner directed in the subpoena or to do any other act required by the subpoena.
B. 
Failure to comply with a Municipal Court subpoena is an offense punishable by a fine not exceeding five hundred dollars ($500.00) or by imprisonment for a period not exceeding sixty (60) days, or by both such fine and imprisonment.
[Ord. No. 1570 §12, 2-12-2003]
A. 
A person commits the offense of interfering with a Municipal Court witness if such person entices or persuades or by threats or any other means, directly or indirectly, induces or causes any other person summoned as a witness in any case before the Plattsburg Municipal Court to absent himself from the trial of such case or induces or causes by persuasion, threats or any other means any other person to absent or hide himself for the purpose of avoiding service of process of any kind issued by the Municipal Court Judge.
B. 
Interfering with a Municipal Court witness is an offense punishable by a fine not exceeding five hundred dollars ($500.00) or by imprisonment for a period not exceeding sixty (60) days, or by both such fine and imprisonment.
[Ord. No. 1570 §13, 2-12-2003]
A. 
A person commits the offense of tampering with physical evidence if he or she:
1. 
Alters, destroys, suppresses or conceals any record, document or thing with the intent or purpose to impair its verity, legibility or availability in any City of Plattsburg Municipal Court proceeding or in any other official City proceeding or investigation; or
2. 
Makes, presents or uses any record, document or thing knowing it to be false with the purpose or intent to mislead the Municipal Court Judge or any other Police Officer or public servant who is or may be engaged in any official proceeding or investigation.
B. 
Tampering with physical evidence is an offense punishable by a fine not exceeding five hundred dollars ($500.00) or by imprisonment for a period not exceeding sixty (60) days, or by both such fine and imprisonment.