BILL NO. 407 ORDINANCE NO. 233
ORDINANCE
AN ORDINANCE RELATING TO AND PROVIDING FOR COURT PROCEDURE, MISDEMEANORS, AND INFRACTIONS.

BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF
BROWNING, MISSOURI, AS FOLLOWS:


Section 1: Municipal Cases to be Heard By Associate Circuit Judges

Section 1.1: Cases to Be Filed Before Associate Circuit Judges.
Browning municipal ordinance violation cases shall be heard and determined by associate circuit judges as provided by Section 479.040, RSMo, 1993.

Section 1.2: Traffic Violations Bureau
The city of Browning hereby requests the establishment of a Traffic Violations Bureau as provided in Section 479.050, RSMo 1978.

Section 1.3: Traffic Violations Bureau and Staff
The City of Browning hereby requests the establishment of a Traffic Violations Bureau as provided in 479.050 RSMo, and further requests that the bureau be operated by the staff available to the Associate Circuit Judge as in said statute provided with the fines and costs to be paid over and distributed as provided in subsection 2 of 479.080 RSMo.


Section 2: Search Warrants

Section 2.1: Authority and Applications for Warrants
The Municipal Judge of Sullivan County, Missouri, Circuit Court shall have authority to issue search warrants for searches or inspections to determine the existence of violations of any of the chapters of this ordinance.
Warrants and searches or inspections made pursuant thereto shall conform to and be governed by the following provisions:
1. Any police officer, deputy, or prosecuting attorney of the City may make application for the issuance of a 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 searched in sufficient detail and particularity that the officer executing the warrant can readily ascertain it;
d. State facts sufficient to show probable cause for the issuance of a search warrant to search for violations of any section of the City's Ordinances, specified in the application;
e. Be verified by oath or affirmation of the applicant;
f. Be filed in the Browning Municipal Division of the Sullivan County, Missouri, Circuit Court.

Section 2.2: Written Affidavits
The application shall be supplemented by written affidavits verified by oath or affirmation. Such affidavits 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 places to be searched. Oral testimony shall not be considered.

Section 2.3: Non-adversary Hearing
The judge shall hold a Non-adversary hearing to determine whether sufficient facts have been stated to justify the issuance of a search warrant. If it appears from the application and any supporting affidavits that there is probable cause to inspect or search for violations of any specified chapter of this Ordinance, a search warrant shall immediately be issued to search for such violations. The warrant shall be issued in the form of an original and two copies.

Section 2.4: Application. Where Kept
The application and any supporting affidavits and a copy of the warrant shall be retained in the records of the Municipal Judge.

Section 2.5: Search Warrant. Form of
The search warrant shall:
1. Be in writing and in the name of the issuing authority;
2. Be directed to any police officer or deputy in the City;
3. State the time and date the warrant is issued;
4. Identify the property or places to be searched in sufficient detail and particularity that the officer executing the warrant can readily ascertain it;
5. Command that the described property or places be searched and that any photographs of violations found thereon or therein be brought, within ten days after filing of the application, before the judge who issued the warrant, to be dealt with according to law; and
6. Be signed by the Municipal Judge, with his title of office indicated.

Section 2.6: Execution of Search Warrant
A search warrant issued under this section may be executed only by a police officer or deputy of the City. The warrant shall be executed by conducting the search commanded.

Section 2.7: Expiration
A search warrant shall be executed as soon as practicable and shall expire if it is not executed and the return made within ten days after the date of the making of the application.

Section 2.8: Return of Search Warrant
After execution of the search warrant, the warrant with a return thereon, signed by the officer making the search, shall be delivered to the judge who issued the warrant. The return shall show the date and manner of execution and the name of the possessor and of the owner of the property or places searched, when he is not the same person, if known.

Section 2.9: Invalid Search Warrant
A search warrant shall be deemed invalid:
1. If it was not issued by a judge of the Municipal Division of the Sullivan County, Missouri, Circuit Court; or
2. If it was issued without a written application having been filed and verified; or
3. If it was issued without probable cause; or
4. If it was not issued with respect to property or places within the City; or
5. If it does not describe the property or places to be searched with sufficient certainty; or
6. If it was not signed by the judge who issued it; or
7. If it was not executed within the time prescribed by section 2.7.

Section 3: Rules Governing Procedure and Practice in the Municipal Court
The rules governing the procedure and practice in the Municipal Court shall be those established and promulgated by the Supreme Court of Missouri July 1, 1959, and such subsequent rules as the Supreme Court shall from time to time
establish and promulgate; and any provision in these ordinances which shall be in conflict with such rules is hereby repealed.

Section 4: Trial by Jury
Any person charged with the violation of a Municipal Ordinance 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 has the right to a trial by jury and demands such trial by jury, the Municipal Judge shall certify the case to the presiding judge of the Circuit Court serving the City for Assignment in the manner provided by State Law. Proceedings in the case shall be had as if the case was originally commenced under the practice and procedure applicable before circuit judges with their being no right of trial de novo; but the sufficiency of plaintiffs petition shall be adjudged according to the procedure under Chapter 517, RSMo.

Section 5: 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 to whether that party is required to attend before him on the day set for trial to testify in the case, and enter the names of such witnesses on his docket; which oral notice shall be valid as a summons.

Section 6: Policeman or Other Officer as Witness

Section 6.1: Witness Competency and Fees
If prosecutions before the Municipal Judge for misdemeanors arising under ordinances of the City, any policeman or other executive officer shall be a competent witness in the case; but no such policemen or executive officer shall be entitled to any witness fee in such case.

Section 6.2: Arresting Officers To Attend As Witnesses Without Summons
Officers shall attend upon notice as witnesses against persons whom they have caused to be arrested, without being summoned to do so; and, upon their failure to appear at the time of the trial, may be attached and punished for contempt as witnesses summoned.

Section 7: Service on City
Notices and process arising in the Municipal Court which are necessary to be served on the City shall be served on the City Prosecutor.

Section 8: Affidavit by City
Whenever any Affidavit shall become necessary to be made on the part of the City, the City Prosecutor shall cause the same to be made by some person to whom the facts are known.

Section 9: Ordinances as Evidence
In the trial of municipal ordinance violation cases, a copy of a municipal ordinance which is certified by the Clerk of the municipality shall constitute prima facie evidence of such ordinance. If such certified copy is on file with the clerk serving the Judge hearing a case and readily available for inspection by the parties, the Judge may take judicial notice of
such ordinance without further proof.

Section 10: Complaints to be transferred to Prosecuting Attorney
If, in the progress of any trial before the Municipal Judge, it shall appear that the accused ought to be put on trial for an offense against the criminal law of the state, and not cognizable before him as Municipal Judge, he shall immediately stop all further proceedings before him and shall cause the complaint to be made to the Prosecuting Attorney within the County, and the accused shall thereupon be proceeded against in the manner provided by law.

Section 11: Forfeiture of Bonds
In case of a breach of any recognizance entered into before a Municipal Judge, the same shall be deemed forfeited and the Judge shall cause the same to be prosecuted against the principal and surety, or either of them in the name of the municipality as plaintiff. Such action shall be on the transcript of the proceedings before the Municipal Judge. All monies recovered in such actions shall be paid over to the municipal treasury to the general revenue fund of the municipality.

Section 12: Trial De Novo
In any case tried before the Municipal Judge, except where there has been a plea of guilty or the case has been tried with a jury, the defendant shall have a right to trial de novo before a circuit judge or upon assignment before an associate circuit judge. An application for a trial de novo shall be filed within ten days after judgment and shall be filed in such form and perfected in such manner as provided by Supreme Court rule.

Section 13: Parole or Probation
Any judge hearing violations of municipal ordinances may, when in hisjudgement it may seem advisable, grant parole or probation to any person who shall plead guilty or who shall be convicted after a trial before said judge.

Section 14: Fines
When a fine is assessed for violation of 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 may deem appropriate.

Section 15: Failure or Refusal to Pay Fines
Upon failure or refusal by any person, who has been convicted in the Municipal Court and fined by the Municipal Judge for violation of any ordinance of the City, to pay said fine, the Court may order, except in cases of indigence, that the defendant be imprisoned until all the fine and costs are fully paid, or if the fine is not paid, then for every ten dollars of suchjudgment the prisoner shall serve one day in jail or other place of confinement.

Section 16: Disposition of Fines
All fines and costs paid into the Municipal Court shall be paid to and deposited not less frequently than monthly into the municipal. treasury. All fines, penalties and forfeitures arising out of violation of ordinances of the City shall be deposited in the general fund of the City.

Section 17: Place of Imprisonment
In all cases where any person is in the charge of or in the custody of the Chief of Police or members of the Police Department, either before or after trial, such person shall be kept and held at the Sullivan County Jail or at such other place as the Chief of Police may designate, except as otherwise provided by law or ordinance.

Section 18: Working Prisoners
Any person who has been convicted in the Municipal Court and sentenced by the
Municipal Judge for violation of any ordinance of the City, whether the punishment be by fine or imprisonment or by both, may be put to work to perform labor on the public streets, highways, alleys, or other public works or building of the City. It shall be deemed a part of the judgment and sentence of the court that such prisoner may be worked as herein provided. The Chief of Police shall have power and be authorized to have or cause all
such prisoners to work out the full number of days for which they have been sentenced. If the punishment is by fine and the fine not paid, then for every ten dollars of such judgment the prisoner shall work one day.

Section 19: Chief of Police to Designate Work and Discharge
In all cases where the defendant is required to work out the whole or any part of the fine and costs imposed on him, the Chief of Police shall designate the kind of work required of the prisoner, and it shall be such labor as his health and strength will permit, not exceeding eight hours per day. On performance of the required amount of labor, the prisoner shall be discharged from custody by the Chief of Police, who shall make return on the execution
of such facts, specifying therein the kind of employment and number of days' work done. Such labor shall be done at the direction, and under the supervision, of the Chief of Police, or such other person as he may appoint.

Section 20: Powers of Police to Serve Process
The Chief of Police and officers of police shall be of authority and power to serve and execute all warrants, subpoenas, writs, notices or other process issued by Municipal Judge, City Council, or other officers having authority to issue the same, at any place within the limits of Sullivan County and Linn County, Missouri, and made return thereof according to law or ordinance. Their authority beyond the limits of these Counties shall be such as is provided by state law.

Section 21: Reporting Violations of Ordinances
It shall be the duty of the Chief of Police and his subordinates to report for prosecution all persons who shall violate any ordinances of the City, and all information and facts coming to his knowledge having reference thereto.

Section 22: Right of Entry of the Police
To make an arrest in criminal actions, the officer may break open any outer or inner door or window of a dwelling house or other building, or any other enclosure, if, after notice of his office and purpose, he be refused admittance.

Section 23: Arrest With and Without Warrant
The Chief of Police and all members of the Police Department shall have the following powers to make or order arrests within the City of Browning, Missouri:
A. Upon a warrant issued by any judge or magistrate for violation of ordinances of the City or laws of the state.
B. Upon probable cause to believe that a person is committing or have
committed a felony.
C. Upon probable cause to believe that a person is committing, or has
committed a misdemeanor in his presence.
The power to arrest authorized by this section shall be in addition to all other powers conferred upon police officers and shall not be construed so as to limit or restrict any other powers of a police officer.

Section 24: Procedure Upon Arrest
Any person arrested for violation of the ordinances of this city shall be immediately conveyed to the Sullivan County Jail or such other place of confinement as the Chief of Police may direct, and the Chief of Police and members of the police department shall have the authority and power to keep such person in the County Jail or other such place of confinement and prevent his escape until a trial can be held before the proper court, except as otherwise provided by ordinance.

Section 25: Person Arrested To Be Taken Immediately Before Municipal Judge:
Whenever any person shall have been arrested under the provisions of this ordinance or any other law or ordinance, it shall be the duty of the Chief of Police forthwith to take or cause him to be taken before the Municipal Judge or other proper officer, after information duly made and filed as provided by law, to be dealt with according to law or ordinance; provided, that when an arrest shall be made in the nighttime or on Sunday, or any legal holiday, or the person arrested shall be in a state of intoxication, then it shall be the duty of the Chief of Police and members of the department to convey such person to the County Jail or other such place of confinement as the Chief of Police may direct, there to remain until the following day, or until he shall have fully sobered, when he shall be brought before the Municipal Judge or other proper official as aforesaid.

Section 26: Discharge of Persons Arrested
A person arrested by the Chief of Police or a member of the Police Department shall be held in accordance with Section 24, except that such persons may be released by order of the City Counselor, Municipal Judge, or other proper official, or upon bail or bond in such sum as may seem sufficient and proper with sufficient security for his appearance at a time and place stated in the bond.

Section 27: Control and Management of City Prison: Register of Persons Confined
The Chief of Police shall exercise supervision over all City prisoners; keeping a register of all person imprisoned for offenses against the ordinances, by whose order the person is imprisoned, for what offense the person is imprisoned, where such person is imprisoned and when such person was committed and when he shall be discharged. The Chief of Police shall ascertain that all persons imprisoned by the City are provided with necessary food and kept without danger from the cold; and that they are in all respects humanely
treated.

Section 28: Police Duties Relating to Municipal Court
The Chief of Police and members of the police department shall have the power to serve as a marshal or bailiff of the Municipal Court and enforce its orders, judgments and decrees.

Section 29: Chief to Have Supervision Over City Property
The Chief of Police shall have general supervision over all city property and he and his subordinates shall have the authority to arrest any trespasser thereon and to remove or abate nuisances or incumbrance put thereon without the authority of the city.

Section 30: Classification of Offenses

Section 30.1: Misdemeanor
An offense defined by any of the City's ordinances for which a sentence of imprisonment is authorized, shall constitute a "misdemeanor".

Section 30.2: Infraction
An offense defined by any of the City's ordinances constitutes an "infraction" if it is so designated or if no other sentence than a fine or fine and forfeiture or other civil penalty is authorized upon conviction. An infraction does not constitute a crime and a conviction of an infraction shall not give rise to any disability or legal disadvantage based on conviction of a crime.

Section 30.3: Class A Misdemeanor
Any offense defined in any of the City's ordinances which is declared to be a misdemeanor without specification of the penalty therefore is a Class A misdemeanor.

Section 31: Offenses Must Be Defined by Ordinance
No conduct constitutes an offense unless made so by this ordinance or other applicable ordinance.

Section 32: Definitions
Unless otherwise designated, or unless the context requires a different definition or application, the definition or application of legal terms or phrases shall be as defined or applied by state statute or rules of court.

Section 33: Defenses - Same As State Statute
Unless otherwise designated, the offenses defined by the City's ordinances are patterned upon state statutes and any defenses, either affirmative or that would negate an element of the crime charged if charged under state statute, shall be applicable to this, the offenses designated in this ordinance.

Section 34: Application to Offenses Committed Before and After Enactment
The provisions of this ordinance shall govern the construction and punishment for any offense defined in the City's ordinances and committed after the adoption thereof, as well as the construction and application of any defense to a prosecution for such an offense. The provisions of this ordinance do not apply to or govern the construction of and punishment for any offense committed prior to the adoption hereof, or the construction and application of any defense to a prosecution for such offense. Such an offense must be construed and punished according to the provisions of law existing at the time of the commission thereof in the same manner as if this article had not been enacted.

Section 35: Time Limitations

Section 35.1: General Provisions
Except as otherwise provided in this section, prosecutions for offenses must be commenced within the following periods of limitation:
A. For any misdemeanor, one year;
B. For any infraction, six months.
If the period prescribed in this section has expired, a prosecution may nevertheless be commenced for:
A. Any offense a material element of which is either fraud or breach of fiduciary obligation within one year after discovery of the offense by the aggrieved party or by a person who has a legal duty to represent an aggrieved party and who is himself not a party to the offense, but in no case shall this provision extend the period of limitation by more than three
years and;
B. Any offense based upon misconduct in office by a public officer or employee at any time when the defendant is in public office or employment or within two years thereafter, but in no case shall this provision extend the period of limitation by more than three years.

Section 35.2: Offense. When Committed
An offense is committed either when every element occurs or, if a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time when the course of conduct or the defendant's complicity therein is terminated. Time starts to run on the day after the offense is committed.

Section 35.3: Prosecution. When Commenced
A prosecution is commenced when an information is filed.

Section 35.4: Period of Limitation. When it Does Not Run
The period of limitation does not run:
A. During any time when the accused is absent from the state, but in no case shall this provision extend the period of limitation otherwise applicable by more than three years; or
B. During any time when the accused is concealing himself from justice either within or without this state; or
C. During any time when a prosecution against the accused for the offense is pending in this state.

Section 36: Limitation on Conviction for Multiple Offenses
When the same conduct of a person may establish the commission of more than one offense he may be prosecuted for each such offense. He may not, however, be convicted of more than one offense if:
A. One offense is included in the other as defined in Section 37; or
B. Inconsistent findings of fact are required to establish the commission of the offenses; or
C. The offenses differ only in that one is defined to prohibit a designated kind of conduct generally and the other to prohibit a specific instance of such conduct; or
D. The offense is defined as a continuing course of conduct and the person's course of conduct was interrupted, unless the law provides that specific periods of such conduct constitute separate offenses.

Section 37: Conviction of Included Offenses
A defendant may be convicted of an offense included in an offense charged in the indictment or information. An offense is so included when:
A. It is established by proof of the same or less than all the facts required to establish the commission of the offense charged; or
B. It is specifically denominated by ordinance as a lesser degree of offense charged; or
C. It consisted of an attempt to commit the offense charges or to commit an
offense otherwise included therein. The court shall not be obligated to charge the jury with respect to an included offense unless there is a basis for a verdict acquitting the defendant of the offense charged and convicting him of the included offense.

Section 38: Burden of Injecting the Issue
When the phrase, "The defendant shall have the burden of injecting the issue" is used in the City's ordinances, it means:
The issue referred to is not submitted to the trier of fact unless supported by evidence; and If the issue is submitted to a trier of fact any reasonable doubt on the issue requires a finding for the defendant on that issue.

Section 39: Affirmative Defense
When the phrase "affirmative defense" is used in the City's ordinances; it means:
The defense referred to is not submitted to the trier of fact unless supported by evidence; and
If the defense is submitted to the trier of fact the defendant has the burden of persuasion that the defense is more probably true than not.

Section 40: Authorized Dispositions

Section 40.1: General Provisions
Every person found guilty of an offense defined by the ordinance shall be dealt with by the Court in accordance with the provisions of this ordinance.

Section 40.2: Misdemeanor
Whenever any person has been found guilty of a misdemeanor the court shall make one or more of the following dispositions of the offender in any appropriate combination. The court may:
1. Sentence the person to a term of imprisonment as authorized by Sections 43 and 44.
2. Sentence the person to pay a fine as authorized by Sections 52 and 55.
3. Suspend the imposition of sentence, with or without placing the person on probation.
4. Pronounce sentence and suspend its execution, placing the person on probation.
5. Impose a period of detention as a condition of probation, as authorized by Section 49.

Section 40.3: Infraction
Whenever any person has been found guilty of an infraction, the court shall make one or more of the following dispositions of the offender in any appropriate combination. The court may:
1. Sentence the person to pay a fine as authorized by Sections 52 through 55.
2. Suspend the imposition of sentence, with or without placing the person on probation.
3. Pronounce sentence and suspend its execution, placing the person on
probation.

Section 40.4:
Whenever any organization has been found guilty of an offense, the court shall make one or more of the following dispositions of the organization in any appropriate combination.
The court may:
1. Sentence the organization to pay a fine as authorized by sections 52 through 55.
2. Suspend the imposition of sentence, with or without placing the organization on probation;
3. Pronounce sentence and suspend its execution, placing the organization on probation;
4. Impose any special sentence or sanction authorized by law.

Section 40.5: Authority
This article shall not be construed to deprive the court of any other authority which it has, or may be, conferred by law to decree a forfeiture of property, suspend or cancel a license, remove a person from office, or impose any other civil penalty. An appropriate order exercising such authority may be included as part of any sentence.

Section 41: Classification of Offenses

Section 41.1:
Misdemeanors are classified for the purpose of sentencing into the following three categories:
1. Class A misdemeanors;
2. Class B misdemeanors;
3. Class C misdemeanors.

Section 41.2: Infractions
Infractions are not further classified.

Section 42: Presentence Investigation and Report
When a probation officer is available to the court, the officer shall, if directed by the court, make a presentence investigation and report to the court before any authorized disposition under Section 40. The report shall not be submitted to the court or its contents disclosed to anyone until the defendant has pleaded guilty or been found guilty. This section shall not be construed as to require the appointment of a probation officer. The presentence investigation report shall be prepared, presented and utilized as provided by rule of court except that no court shall prevent the defendant or the attorney for the defendant from having access to complete presentence investigation report and recommendations before authorized disposition under Section 40. The defendant shall not be obligated to make any statement to a probation officer in connection with any presentence investigation hereunder.

Section 43: Sentence of Imprisonment - Incidents
The authorized terms of imprisonment, including jail and conditional release terms are:
1. For a class A misdemeanor, a term not to exceed one year;
2. For a class B misdemeanor, a term not to exceed six months;
3. For a class C misdemeanor, a term not to exceed fifteen days.
The sentence of imprisonment for a misdemeanor shall be for a definite term and the court shall commit the defendant to the County Jail or other authorized penal institution for the term of his sentence or until released under procedures established elsewhere by law.

Section 44: Concurrent and Consecutive Terms of Imprisonment
Multiple sentences of imprisonment shall run concurrently unless the court specifies that they shall run consecutively. A person who is on probation, parole or conditional release is sentenced to a term of imprisonment for an offense committed after the granting of probation or parole or after the start of his conditional release term, the court shall direct the manner in which the sentence or sentences imposed by the court shall run with respect to any
resulting probation, parole or conditional release revocation term or terms.

Section 45: Calculation of Terms of Imprisonment - Credit for Jail Time Awaiting Trial

Section 45.1: Credit for Time Served
A person convicted of a crime in this city shall receive as credit toward service of a sentence of imprisonment all time spent by him in jail because awaiting trial for such crime. Time required by law to be credited upon some other sentence shall be applied to that sentence alone, except that
A. Time spent in jail awaiting trial for an offense because of a detainer for such offense shall be credited toward service of a sentence of imprisonment for that offense even though the person was confined awaiting trial for some unrelated bailable offense; and
B. Credit for jail time shall be applied to each sentence if they are concurrent.

Section 45.2: Endorsement of Papers
The officer required by law to deliver a convicted person to jail shall endorse upon the commitment papers the period of time to be credited as provided in subsection 45.1 of this section.

Section 45.3: Vacated Sentence. New Sentence
If a sentence of imprisonment is vacated and a new sentence is imposed on the defendant for the same offense, the new sentence is calculated as it had commenced at the time the vacated sentence was imposed, and all time served under the vacated sentence shall be credited against the new sentence.

Section 45.4:
If a person serving a sentence of imprisonment escapes from custody, the escape interrupts the sentence. The interruption continues until the person is returned to the institution in which the sentence was being served.

Section 46: Eligible for Probation. When
The court may place a person on probation for a specific period upon conviction of any offense or upon suspending imposition of sentence if, having considered information regarding the nature and circumstances of the offense and of the history and character of the defendant, the court is of the opinion that:
Institutional confinement of the defendant is not necessary for the protection of the public; and
The defendant is in need of guidance, training or other assistance which, in his case, can be effectively administered through probation supervision.

Section 47: Terms of Probation
Unless terminated as provided in Section 51, the terms during which probation shall remain conditional and be subject the revocation are:
A. A term not less than six months and not to exceed two years for a misdemeanor.
B. A term not less than six months and not to exceed one year for an infraction.
The court shall designate a specific term of probation at the time of sentencing or at the time of suspension of imposition of sentence.

Section 48: Conditions of Probation
The conditions of probation shall be such as the court in its discretion deems reasonably necessary to insure that the defendant will not again violate the law. When a defendant is placed on probation, he shall be given a certificate explicitly stating the conditions on which he is being released. The court may modify or enlarge the conditions of probation at any time prior to the expiration or termination of the probation term.

Section 49: Detention Condition of Probation

Section 49.1: When Detention May be Required
Except in infraction cases, when probation is granted, the court, in addition to conditions imposed under Section 48, may require as a condition of probation that the defendant submit to a period of detention in an appropriate institution at whatever time or intervals within the period of probation, consecutive or nonconsecutive, the court shall designate.

Section 49.2: Misdemeanor Cases
In misdemeanor cases, the period of detention under this section shall not exceed the shorter of fifteen days or the maximum term of imprisonment authorized for the misdemeanor by Sections 43 and 44.

Section 49.3: Revoked Probation
If probation is revoked and a term of imprisonment is served by reason thereof, the time spent in a jail as a detention condition of probation shall be credited against the jail term served for the offense in connection with which the detention condition was imposed.

Section 50: Transfer to Another Court
Jurisdiction over a probationer may be transferred from the court which imposed probation to a court having equal jurisdiction over offenders in any other part of the state, if any, with the concurrence of both courts. Retransfers of jurisdiction may also occur in the same manner. The court to which jurisdiction has been transferred under this section shall be
authorized to exercise all powers permissible under this chapter over the defendant, [sic] expect that the term of probation shall not be terminated without the consent of the sentencing court.

Section 51: Duration of Probation - Revocation

Section 51.1: Duration of Probation
A term of probation commences on the day it is imposed. Multiple terms of probation, whether imposed at the time or at different times, shall run concurrently. Terms of probation shall also run concurrently with any federal or other state jail, prison, probation or parole term for another offense to which the defendant is or becomes subject during the period, unless otherwise specified by the court.

Section 51.2: Termination of Probation
The court may terminate a period of probation and discharge the defendant at any time before completion of the specific term fixed under Section 47 if warranted by the conduct of the defendant and the ends of justice. Procedures for termination and discharge may be established by rule of court.

Section 51.3: Violation of Condition of Probation
If the defendant violates a condition of probation at any time prior to the expiration or termination of the probationer, the court may continue him on the existing conditions, with or without modifying or enlarging the conditions, or, if such continuation, modification, or enlargement is not appropriate, may revoke probation and order that any sentence previously imposed be executed. If imposition of sentence was suspended, the court may
revoke probation and impose any sentence available under Section 40. The court may mitigate any sentence of imprisonment by reducing the prison or jail term by all or part of the time the defendant was on probation.

Section 51.4:
Probation shall not be revoked without giving the probationer notice and an opportunity to be heard on the issue of whether he violated a condition of probation and, if he did, whether revocation is warranted under all circumstances.

Section 51.5: Charge of Violation
At any time during the term of probation the court may issue a notice to the probationer to appear to answer a charge of a violation, and the court may issue a warrant of arrest for the violation. Such notice shall be personally served upon the probationer. The warrant shall authorize the return of the probationer to the custody of the court or to any suitable detention facility designated by the court.

Section 51.6: Arrest Without Warrant
Any probation officer, if he has probable cause to believe that the probationer has violated a condition of probation, may arrest the probationer without a warrant, or may deputize any other officer with the power of arrest to do so by giving him a written statement of the circumstances of the alleged violation, including a statement that the probationer has, in the judgment of the probation officer, violated the conditions of his probation. The written
statement, delivered with the probationer to the official in charge of any jail or other detention facility, shall be sufficient authority for detaining the probationer pending a preliminary hearing on the alleged violation.

Section 51.7: Right to Preliminary Hearing
If the probationer is arrested under the authority granted in subsections 51.5 and 51.6, he shall have the right to a preliminary hearing on the violation charged. He shall be notified immediately in writing of the alleged probation violation. If he is arrested in the jurisdiction of the sentencing court, and the court which placed him on probation if immediately available, the preliminary hearing shall be heard by the sentencing court. Such preliminary
hearing shall be conducted as provided by rule of court. If it appears that there is probable cause to believe that the probationer has violated a condition of his probation, or if the probationer waives the preliminary hearing, the judge shall order the probationer held for further proceedings in the sentencing court. If probable cause is not found, this shall not bar the sentencing court from holding a hearing on the questions of the probationer's
alleged violation of a condition of probation nor from ordering the probationer to be present at such a hearing. Provisions regarding release on bail of person charged with offenses shall be applicable to probationers arrested and ordered under this provision.

Section 51.8: Notification of Sentencing Court
Upon such arrest and detention, the probation officer shall immediately notify the sentencing court and shall submit to the court a written report showing in what manner the probationer has violated the conditions of probation. Thereupon, or upon arrest by warrant, the court shall cause the probationer to be brought before it without unnecessary delay for a hearing on the violation charged. Revocation hearings shall be conducted as provided by rule of court.

Section 51.9: Length of Power of Revoke
The power of the court to revoke probation shall extend for the duration of the term of probation designated by the court and for any further period which is reasonably necessary for the adjudication of matters arising before its expiration, provided that some affirmative manifestation of an intent to conduct a revocation hearing occurs prior to the expiration of the period and that every reasonable effort is made to notify the probationer and to conduct
the hearing prior to the expiration period.

Section 52: Fines for Misdemeanors and Infractions
Except as otherwise provided for an offense outside of Ordinance Nos. 234 and 235, a person who has been convicted of a misdemeanor or infraction may be sentenced to pay a fine which does not exceed:
A. For a class A misdemeanor, one thousand dollars;
B. For a class B misdemeanor, five hundred dollars;
C. For a class C misdemeanor, three hundred dollars;
D. For an infraction, two hundred dollars.

Section 53: Fines for Corporations
A sentence to pay a fine, when imposed on a corporation for an offense defined in Ordinance Nos. 234 and 235 or for any offense defined outside of this ordinance or Ordinance Nos. 234 and 235 for which no special corporate fine is specified, shall be a sentence to pay an amount, fixed by the court, not exceeding:
A. For a class A misdemeanor, five thousand dollars;
B. For a class B misdemeanor, two thousand dollars;
C. For a class C misdemeanor, one thousand dollars;
D. For an infraction, five hundred dollars.
In the case of an offense defined outside of Ordinance Nos. 234 and 235, if a special fine for a corporation is expressly specified in the ordinance that defines the offense, the fine fixed by the court shall be an amount within the limits specified in the ordinance that defines the offense.

Section 54: Imposition of Fines

Section 54.1: Amount and Method of Payment
In determining the amount and the method of payment of a fine, the court shall, insofar as practicable, proportion the fine to the burden that payment will impose in view of the financial resources of an individual. The court shall not sentence an offender to pay a fine in any amount which will prevent him from making restitution or reparation to the victim of the offense.

Section 54.2: Other Disposition
When other disposition is authorized by statute, the court shall not sentence an individual to pay a fine only unless, having regard to the nature and circumstances of the offense and the history and character of the offender, it is of the opinion that the fine alone will suffice for the protection of the public.

Section 54.3: No Fine in Addition to Other Sentence
The court shall not sentence an individual to pay a fine in addition to any other sentence authorized by Section 40 unless:
1. He has derived a pecuniary gain from the offense; or
2. The court is of the opinion that a fine is uniquely adapted to deterrence of the type of offense involved or to the correction of the defendant.

Section 54.4: Payment
When an offender is sentenced to pay a fine, the court may provide for the payment to be made within a specified period of time or in specified installments. If no such provision is made a part of the sentence, the fine shall be payable forthwith.

Section 54.5: Alternative Sentence
When an offender is sentenced to pay a fine, the court shall not impose at the same time an alternative sentence to be served in the event that the fine is not paid. The response of the court to nonpayment shall be determined only after the fine has not been paid, as provided in Section 55.

Section 55: Response to Nonpayment

Section 55.1: Motion to Show Cause for Non-Payment
When an offender sentenced to pay a fine defaults in the payment of the fine or in any installment, the court upon motion of the City Counselor or upon its own motion may require him to show cause why he should not be imprisoned for nonpayment. The court may issue a warrant of arrest of a summons for his appearance.

Section 55.2: Imprisonment
Following an order to show cause under subsection 55.1, unless the offender shows that his default was not attributable to an intentional refusal to obey the sentence of the court, or not attributable to a failure on his part to make good faith effort to obtain the necessary funds for payment, the court may order the defendant imprisoned for a term not to exceed thirty days if the fine was imposed for conviction of a misdemeanor or infraction. The court
may provide in its order that payment or satisfaction of the fine any time will entitle the offender to his release from such imprisonment or, after entering the order, may at any time reduce the sentence for good cause shown, including payment or satisfaction of the fine.

Section 55.3: Additional Time for Payment
If it appears that the default in the payment of a fine is excusable under the standards set forth in subsection 55.2, the court may enter an order allowing the offender additional time for payment, reducing the amount of the fine or of each installment, or revoking the fine or the unpaid portion in whole or in part.

Section 55.4: Fine of a Corporation
When a fine is imposed on a corporation it is the duty of the person or persons authorized to make disbursement of the assets of the corporation and their superiors to pay the fine from the assets of the corporation. The failure of such person to do so shall render them subject to imprisonment under subsection 54.5 and 55.2.

Section 55.5: Collection
Upon default in the payment of a fine or any installment thereof, the fine may be collected by any means authorized for the enforcement of money judgements.

Section 56: Accountability for Conduct
A person with the required culpable mental state is guilty of an offense if it is committed by his own conduct or by the conduct of another person for which he is criminally responsible or both.

Section 57: Responsibility for the Conduct of Another
A person is criminally responsible for the conduct of another when:
1. The ordinance defining the offense makes him so responsible; or
2. Either before or during the commission of an offense with the purpose of
promoting the commission of an offense, he aids or agrees to aid or attempts
to aid such other person in planning, committing or attempting to commit the
offense.
However, a person is not so responsible if:
(1) He is the victim of the offense committed or attempted;
(2) The offense is so defined that the conduct was necessarily incident to the commission or attempt to commit the offense. If his conduct constitutes a
related but separate offense, he is criminally responsible for that offense but not for the conduct or offense committed or attempted by the other person;
(3) Before the commission of the offense he abandons his purpose and gives
timely warning to law enforcement authorities or otherwise makes proper effort to prevent the commission of the offense. The defense provided subsection is an affirmative defense.

Section 58: Defense Precluded
It is no defense to any prosecution for an offense in which the criminal responsibility of the defendant is based upon the conduct of another that:
Such other person has been acquitted or has not been convicted or has been convicted of some other offense or degree of offense or lacked criminal capacity or was unaware of the defendant's criminal purpose or is immune from prosecution or is not amenable to justice; or
The defendant does not belong to that class of persons who was legally capable of committing the offense in an individual capacity.

Section 59: Conviction of Different Degrees of Offenses
Except as otherwise provided, when two or more persons are criminally responsible for an offense which is divided into degrees, each person is guilty of such degree as is compatible with his own culpable mental state and with his own accountability for an aggravating or mitigating fact or circumstances.

Section 60: Liability of Corporations and Unincorporated Associations

Section 60.1: Liability of Corporations
A corporation is guilty of an offense if:
1. The conduct constituting the offense consists of an omission to discharge a specific duty of affirmative performance imposed on corporations by law; or
2. The conduct constituting the offense is engaged in by an agent of the
corporation while acting within the scope of his employment and in behalf of
the corporation, and the offense is a misdemeanor or an infraction, or the offense is one defined by an ordinance that clearly indicates a legislative intent to impose such criminal liability on a corporation; or
3. The conduct constituting the offense is engaged in, authorized, solicited, requested, commanded or knowingly tolerated by the board of directors or by a high managerial agent acting within the scope of his employment and in behalf of the corporation.

Section 60.2: Liability of Unincorporated Association
An unincorporated association is guilty of an offense if:
1. The conduct constituting the offense consists of an omission to discharge a specific duty of affirmative performance imposed on the association by law; or
2. The conduct constituting the offense is engaged in by an agent of the
association while acting within the scope of his employment and in behalf of
the association and the offense is one defined by an ordinance that clearly
indicates a legislative intent to impose such criminal liability on the association.

Section 60.3: Definitions
As used in this section:
"Agent" means any director, officer or employee of a corporation or unincorporated association or any other person who is authorized to act in behalf of the corporation or unincorporated association; "High managerial agent" means an officer of a corporation or any other agent in a position of comparable authority with respect to the formulation of corporate policy of the supervision in a managerial capacity of subordinate employees.

Section 61: Repeal of Conflicting Ordinances
That all ordinances and parts of ordinances in conflict herewith are hereby repealed.

Section 62: Effective Upon Passage
That this ordinance shall be in full force and effect from and after its passage.
PASSED AND APPROVED this 10th day of October,1996.

Eldon W. Head (signature)
Eldon Head, Mayor

ATTEST:
Nancy Smith (signature)
Nancy Smith, City Clerk

(SEAL)