Chapter 6

COURTS

CONTENTS

ARTICLE I.  PROSECUTION

§ 6-1. Prosecutions.

§ 6-2. Complaints.

§ 6-3. Warrants; how served.

§ 6-4. City may sue on breach of recognizance.

§ 6-5. Defendant may be discharged; when.

§§ 6-6 to 6-10.  Reserved.

ARTICLE II.  TRIAL

§ 6-11. Compel attendance of witnesses; fees.

§ 6-12. Complaint transferred; when.

§ 6-13. Appeals; how taken.

§§ 6-14 to 6-18.  Reserved.

ARTICLE III.  JUDGMENT

§ 6-19. Punishment assessed to be prescribed by ordinance.

§ 6-20. Judgment.

§ 6-21. Execution to issue (scire facias).

§ 6-22. Collection of court costs to be used in the training

of peace officers.

§§ 6-23 to 6-26.  Reserved.

Chapter 6

COURTS

ARTICLE I

PROSECUTION

Sec. 6-1.  Prosecutions.

All prosecutions for the violations of city ordinances shall be entitled “The City of Vienna against …………………………..” (naming the city and the person or persons charged) and the judge shall state in his docket the name of the complainant, the nature and character of the offense, the date of the trial, the names of all witnesses sworn and examined, the findings of the court or jury, the judgment of fine and costs, the date of the payment, the date of issuing commitment, if any, and every other fact necessary to show the full proceedings in each case.  (§143.321, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 6-2.  Complaints.

(a) The complaint, when made by the chief of police or any policeman, against any person arrested without process and in custody, shall be reduced in writing and sworn to by such office before such person shall be put upon his trial.

(b) Complaints filed before the judge may include any number of persons charged with the same offense, and no proceedings shall be dismissed or defendant discharged by reason of any informality or irregularity in any complaint; but such complaint may, by leave of court, at any time before or during the trial prior to the retirement of the jury or the finding of the judge, be amended without prejudice to the proceedings.  (§143.323, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 6-3.  Warrants; how served.

All warrants issued shall be directed to the police chief, the sheriff or any constable of the county, at any place within the limits of the said county, and not elsewhere, unless said 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.  (§143.325, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 6-4.  City may sue on breach of recognizance.

In case of a breach of any recognizance entered into as aforesaid, the same shall be deemed forfeited, and the police judge or mayor when acting as such police judge shall cause the same to be prosecuted against the principal and surety, or against either of them alone.  Such action shall be in the name of the city as plaintiff, and may be prosecuted before the judge, and all the moneys recovered in any such action shall be paid over the city treasury to the credit of the general fund of the city.  Judgments rendered under this Chapter may be appealed to the circuit court in like manner and within the same time as appeals from magistrates are allowed in civil actions.  (§143.331, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 6-5.  Defendant may be discharged; when.

Any defendant committed under the provisions of this Chapter may be discharged upon the payment of fine and costs, or upon perfecting an appeal as provided for in Section 6-11.  (§143.339, 1978 Code)

Secs. 6-6 to 6-10.  Reserved.

ARTICLE II

TRIAL

Sec. 6-11.  Compel attendance of witnesses; fees.

It shall be the duty of the judge to summons 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 and jurors shall be the same as provided for the circuit courts.  When a trial shall be continued by the judge, it shall not be necessary to summons any witness who may be present at the continuance, but the judge shall verbally notify such witnesses present as either party may desire to attend on the day set for trial, and enter the names of such witnesses on hid docket, which verbal notice shall be valid as a summons.  (§143.521, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 6-12.  Complaint transferred; when.

If in the progress of any trial before the judge it shall appear that the accused ought to be put upon his trial for an offense against the criminal laws of the state, and not cognizable before the judge, he shall immediately stop all further proceedings before him as judge and cause complaint to be made at once before a judge of the circuit court, having jurisdiction, who shall thereupon proceed as in other cases.  (§143.523, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 6-13.  Appeals; how taken.

In all cases before the judge arising under the ordinances of the city, an appeal may be taken from the judgment of the judge to the court having criminal jurisdiction, except from judgments on a plea of guilty.  Such appeals may be taken by either the city or the defendant.  Such appeals shall be taken in the time and in the manner provided by the statutes in relation to appeals from judgments of a court of competent jurisdiction.  (§143.525, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Secs. 6-14 to 6-18.  Reserved.

ARTICLE III

JUDGMENT

Sec. 6-19.  Punishment assessed to be prescribed by ordinance.

If the defendant plead or be found guilty, the judge shall declare and assess the punishment prescribed by ordinance according to his finding or the verdict of the jury, and render judgment accordingly and for costs of suit.  (§143.703, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 6-20.  Judgment.

In no case shall a judgment of conviction be rendered except when sufficient legal testimony is given on a public trial, or upon a plea of guilty made in open court.  (§143.705, 1978 Code)

Sec. 6-21.  Execution to issue (scire facias).

Upon the conviction of any person before the judge for a violation of any of the city ordinances, the judge shall issue an execution against the defendant for all fines and costs due the city or any of its officers, which execution shall be a lien against the property of defendant and may be levied as executions issued by other courts of competent jurisdiction are levied, and no property shall be exempt from such execution, except as required by state law.  (§143.711, 1978 Code; As amended by adopting ordinance dated July 7, 1992)

Sec. 6-22.  Collection of court costs to be used in the training of peace officers.

(a) The clerk of the Circuit Court of Maries County, Missouri, Municipal Division shall assess as court costs three dollars ($3.00) for each violation of the ordinances of the City of Vienna, provided that no such fee shall be collected for non-moving traffic violations or when the proceeding or the defendant has been dismissed by the Court.

(b) Two dollars ($2.00) of such fees collected shall be transmitted monthly to the treasurer of the city of Vienna to be used locally for training law enforcement officers.  One dollar ($1.00) of such fees collected shall be deposited into the Peace Officer Standards and Training Commission Fund, to be used statewide for training law enforcement officers.  (Ord. 70, §1)

Secs. 6-23 to 6-26.  Reserved.