479.040. Cities may elect where violations of municipal ordinances may be heard.
Cities may elect where violations of municipal ordinances may beheard.
479.040. 1. Any city, town or village with a population of less thanfour hundred thousand may elect to have the violations of its municipalordinances heard and determined by an associate circuit judge of thecircuit in which the city, town or village, or the major geographicalportion thereof, is located; provided, however, if such election is made,all violations of that municipality's ordinances shall be heard anddetermined before an associate circuit judge or judges. If a municipalityhas elected to have the violations of its municipal ordinances heard anddetermined by an associate circuit judge, the municipality may thereafterelect to provide for a municipal judge or judges to hear such cases;provided, however, if such later election is made, all violations of thatmunicipality's ordinances shall be heard and determined before a municipaljudge. Nothing in this subsection shall preclude the transfer orassignment of another judge to hear and determine a case or class of caseswhen otherwise authorized by provisions of the constitution, law, or courtrule. Nothing in this section shall preclude an election made under theprovisions of subsection 4 of this section.
2. If, after January 1, 1980, a municipality elects to have theviolations of its municipal ordinances heard and determined by an associatecircuit judge, the associate circuit judge or judges shall commence hearingand determining such violations six months after the municipality notifiesthe presiding judge of the circuit of its election. With the consent ofthe presiding judge, the associate circuit judge or judges may commencehearing such violations at an earlier date.
3. Associate circuit judges of the circuit in which the municipality,or major geographical portion thereof, is located shall hear and determineviolations of municipal ordinances of any municipality with a population ofunder four hundred thousand for which a municipal judge is not provided.
4. Any city, town or village with a population of less than fourhundred thousand located in a county which has created a county municipalcourt under the provisions of section 66.010, RSMo, may elect to enter intoa contract with the county to have violations of municipal ordinancesprosecuted, heard, and determined in the county municipal court. If acontract is entered into under the provisions of this subsection, allviolations of that municipality's ordinances shall be heard and determinedin the county municipal court. The contract may provide for a transitionperiod after an election is made under the provisions of this subsection.
(L. 1978 H.B. 1634, A.L. 1993 S.B. 177, A.L. 1996 H.B. 1169 & 1271 merged with S.B. 722)*No continuity with § 479.040 as repealed by L. 1978 H.B. 1634.