City of Branson West, MO
Stone County
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Table of Contents
Table of Contents
Article I In General

Section 125.010 Court Established.

Section 125.020 Jurisdiction.

Section 125.030 Selection of Judge.

Section 125.040 Term of Office.

Section 125.050 Vacation of Office.

Section 125.060 Qualifications For Office.

Section 125.070 Superintending Authority.

Section 125.080 Report To Board of Aldermen.

Section 125.090 Docket and Court Records.

Section 125.100 Municipal Judge — Powers and Duties Generally.

Section 125.110 Violations Bureau.

Section 125.120 Issuance and Execution of Warrants.

Section 125.130 Arrests Without Warrants.

Section 125.140 Jury Trials.

Section 125.150 Duty of The City's Prosecuting Attorney.

Section 125.160 Summoning of Witnesses.

Section 125.170 Municipal Judge Without Jurisdiction, When.

Section 125.180 Jailing of Defendants.

Section 125.190 Parole and Probation.

Section 125.200 Prisoners May Be Worked.

Section 125.210 Right of Appeal.

Section 125.220 Appeal From Jury Verdicts.

Section 125.230 Breach of Recognizance.

Section 125.240 Disqualification of Municipal Judge From Hearing Particular Case.

Section 125.250 Temporary Municipal Judge — Vacancy — Compensation.

Section 125.260 Clerk of Municipal Court.

Section 125.270 Court Costs.

Section 125.280 Court Costs — Assess Against Prosecuting Witness.

Section 125.290 Installment Payment of Fine.

Section 125.300 Reimbursement of Cost For Alcohol and Drug-Related Offenses.

Section 125.310 Failure To Appear in Municipal Court.

Article II Administrative Search Warrants

Section 125.320 Search Warrant Defined — Who May Issue, Execute.

Section 125.330 Who May Apply For Warrant — Contents of Application.

Section 125.340 Hearing and Procedure — Contents of Warrant — Execution and Return.

Section 125.350 Warrant Invalid — When.

Section 125.010 Court Established.

[CC 1997 §6-010]
There is hereby established in this City a Municipal Court, to be known as the Branson West Municipal Court, a Division of the 39th Judicial Circuit Court of the State of Missouri. This court is to be termed herein "The Municipal Court".

Section 125.020 Jurisdiction.

[CC 1997 §6-020]
The jurisdiction of the Municipal Court shall extend to all cases involving alleged violations of the ordinances of the City.

Section 125.030 Selection of Judge.

[CC 1997 §6-030]
The Judge of the City's Municipal Court shall be known as a Municipal Judge of the 39th Judicial Circuit Court, and shall be appointed by the Mayor, with the consent and approval of the majority of the members of the Board of Aldermen, for a term as specified under the provisions of this Chapter.

Section 125.040 Term of Office.

[CC 1997 §6-040; Ord. No. 1171 §§1 — 2, 4-11-1997]
The Municipal Judge shall hold his/her office for a period of two (2) years and shall take office bi-annually from the first (1st) regular meeting of the Board of Aldermen after election in that year. If for any reason a Municipal Judge vacates his/her office, his/her successor shall complete that term of office, even if the same be less than two (2) years.

Section 125.050 Vacation of Office.

[CC 1997 §6-050]
A. 
The Municipal Judge shall vacate his/her office under the following circumstances:
1. 
Upon removal from office by the State Commission on the Retirement, Removal and Discipline of Judges as provided in Missouri Supreme Court Rule 12, or
2. 
Upon attaining his/her seventy-fifth (75th) birthday, or
3. 
If he/she should lose his/her license to practice law within the State of Missouri.

Section 125.060 Qualifications For Office.

[CC 1997 §6-060]
A. 
The Municipal Judge shall possess the following qualification before he/she shall take office:
1. 
He/she shall be a licensed attorney, qualified to practice law within the State of Missouri.
2. 
He/she need not reside within the City.
3. 
He/she must be a resident of the State of Missouri.
4. 
He/she must be between the ages of twenty-one (21) and seventy-five (75) years.
5. 
He/she may serve as Municipal Judge for another municipality.
6. 
He/she may not hold any other office within the City Government.
7. 
The Municipal Judge shall be considered holding a part-time position, and as such may accept, within the requirements of the Code of Judicial Conduct, Missouri Supreme Court Rule 2, other employment.

Section 125.070 Superintending Authority.

[CC 1997 §6-070]
The Municipal Court of the City shall be subject to the rules of the Circuit Court of which it is a part, and to the rules of the State Supreme Court. The Municipal Court shall be subject to the general administrative authority of the Presiding Judge of the Circuit Court, and the Judge and Court personnel of said Court shall obey his/her directives.

Section 125.080 Report To Board of Aldermen.

[CC 1997 §6-080]
The Municipal Judge shall cause to be prepared within the first ten (10) days of every month a report indicating a list of all cases heard and tried before the Court during the preceding month, giving in each case the name of the defendant, the fine imposed if any, the amount of cost, the names of the defendants committed and in the cases where there was an application for trial de novo, respectively. The same shall be prepared under oath by the Municipal Court Clerk or the Municipal Judge. This report will be filed with the City Clerk who shall thereafter forward the same to the Board of Aldermen of the City for examination at its first (1st) session thereafter. The Municipal Court shall, within the ten (10) days after the first (1st) of the month, pay to the Municipal Treasurer the full amount of all fines collected during the preceding months, if they have not previously been paid.

Section 125.090 Docket and Court Records.

[CC 1997 §6-090]
The Municipal Judge shall be a conservator of the peace. He/she shall keep a docket in which he/she shall enter every case commenced before him/her and the proceedings therein and he/she shall keep such other records as may be required. Such docket and records shall be records of the Circuit Court of Stone County. The Municipal Judge shall deliver the docket and records of the Municipal Court, and all books and papers pertaining to his/her office, to his/her successor in office or to the Presiding Judge of the Circuit.

Section 125.100 Municipal Judge — Powers and Duties Generally.

[CC 1997 §6-100]
A. 
The Municipal Judge shall be and is hereby authorized to:
1. 
Establish a Violations Bureau as provided for in the Missouri Rules of Practice and Procedure in Municipal and Traffic Courts and Section 479.050, RSMo.
2. 
Administer oaths and enforce due obedience to all orders, rules and judgments made by him/her, and may fine and imprison for contempt committed before him/her while holding Court, in the same manner and to the same extent as a Circuit Judge.
3. 
Commute the term of any sentence, stay execution of any fine or sentence, suspend any fine or sentence, and make such other orders as the Municipal Judge deems necessary relative to any matter that may be pending in the Municipal Court.
4. 
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, and 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 and Traffic Courts, or State Statutes.
5. 
The Municipal Judge shall have such other powers, duties and privileges as are or may be prescribed by the laws of this State, this Code or other ordinances of this City.

Section 125.110 Violations Bureau.

[CC 1997 §6-110]
Should the Municipal Judge determine that there shall be a Violations Bureau, the City shall provide all expenses incident to the operation of the same. The City Collector is hereby designated as the Violations Clerk for said Bureau, if established.

Section 125.120 Issuance and Execution of Warrants.

[CC 1997 §6-120]
All warrants issued by a Municipal Judge shall be directed to the Chief of Police, or any other Police Officer of the municipality or to the Sheriff of the County. The warrant shall be executed by the Marshal, Chief of Police, Police Officer, or Sheriff any place within the limits of the County and not elsewhere unless the warrants are endorsed in the manner provided for warrants in criminal cases, and, when so endorsed, shall be served in other Counties as provided for in warrants in criminal cases.

Section 125.130 Arrests Without Warrants.

[CC 1997 §6-130]
The Chief of Police or other Police Officer of the City may, without a warrant, make arrest of any person who commits an offense in his/her presence, but such officer shall, before the trial, file a written compliant with the Judge hearing violations of municipal ordinances.

Section 125.140 Jury Trials.

Any person charged with a violation of a municipal ordinance of this City shall be entitled to a trial by jury as in prosecutions for misdemeanors before an Associate Circuit Court Judge. Whenever a defendant accused of a violation of a municipal ordinance has a right to and demands such trial by jury, the Municipal Court shall certify the case to the Presiding Judge of the Circuit Court for reassignment.

Section 125.150 Duty of The City's Prosecuting Attorney.

[CC 1997 §6-150]
It shall be the duty of an attorney designated by the municipality to prosecute the violations of the City's ordinances before the Municipal Judge or before any Circuit Judge hearing violations of the City's ordinances. The salary or fees of the attorney and his/her necessary expenses incurred in such prosecutions shall be paid by the City. The compensation of such attorney shall not be contingent upon the result in any case.

Section 125.160 Summoning of Witnesses.

[CC 1997 §6-160]
It shall be the duty of the Municipal Judge to summon all persons whose testimony may be deemed essential as witnesses at the trial, and to enforce their attendance by attachment, if necessary. The fees of witnesses shall be the same as those fixed for witnesses in trials before Associate Circuit Judges and shall be taxed as other costs in the case. When a trial shall be continued by a Municipal Judge, it shall not be necessary to summon any witnesses who may be present at the continuance; but the Municipal Judge shall orally notify such witnesses as either party may require to attend before him/her on the day set for trial to testify in the case, and enter the names of such witnesses on his/her docket, which oral notice shall be valid as a summons.

Section 125.170 Municipal Judge Without Jurisdiction, When.

A. 
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 and not cognizable before him/her as Municipal Judge, he/she shall immediately stop all further proceedings before him/her as Municipal Judge and cause the complaint to be made before some Associate Circuit Court Judge of the County.
B. 
For purposes of this Section, any offense involving the operation of a motor vehicle in an intoxicated condition as defined in Section 577.001, RSMo., shall not be cognizable in Municipal Court, if the defendant has been convicted, found guilty, or pled guilty to two (2) or more previous intoxication-related traffic offenses as defined in Section 577.023, RSMo., or has had two (2) or more previous alcohol-related enforcement contacts as defined in Section 302.525, RSMo.

Section 125.180 Jailing of Defendants.

[CC 1997 §6-180]
If, in the opinion of the Municipal Judge, the City has no suitable and safe place of confinement, the Municipal Judge may commit the defendant to the County Jail, and it shall be the duty of the Sheriff, if space for the prisoner is available in the County Jail, upon receipt of a warrant of commitment from the Judge to receive and safely keep such prisoner until discharged by due process of law. The municipality shall pay the board of such prisoner at the same rate as may now or hereafter be allowed to such Sheriff for the keeping of such prisoner in his/her custody. The same shall be taxed as costs.

Section 125.190 Parole and Probation.

A. 
Any Judge hearing violations of municipal ordinances may, when in his/her judgment it may seem advisable, grant a parole or probation to any person who shall plead guilty or who shall be convicted after a trial before such Judge. When a person is placed on probation, he/she shall be given a certificate explicitly stating the conditions on which he/she is being released.
B. 
In addition to such other authority as exists to order conditions of probation, the Court may order conditions which the Court believes will serve to compensate the victim of the crime, any dependent of the victim, or society in general. Such conditions may include, but need not be limited to:
1. 
Restitution to the victim or any dependent of the victim in an amount to be determined by the Judge; and
2. 
The performance of a designated amount of free work for a public or charitable purpose or purposes as determined by the Judge.
C. 
A person may refuse probation conditioned on the performance of free work. If he/she does so, the Court shall decide the extent or duration of sentence or other disposition to be imposed and render judgment accordingly. Any County, City, person, organization or agency or employee of a County, City, organization or agency charged with the supervision of such free work or who benefits from its performance shall be immune from any suit by the person placed on parole or probation or any person deriving a cause of action from him/her if such cause of action arises from such supervision of performance, except for intentional torts or gross negligence. The services performed by the probationer or parolee shall not be deemed employment within the meaning of the provisions of Chapter 288, RSMo.
D. 
The Court may modify or enlarge the conditions of probation at any time prior to the expiration or termination of the probation term.

Section 125.200 Prisoners May Be Worked.

[CC 1997 §6-200]
Any person convicted before the Municipal Judge and sentenced for a violation of any of the provisions of this Code or of any of the ordinances of the City, whether the punishment assessed be by fine or imprisonment, or both, may be put to work and required to perform labor upon any of the streets, public works or buildings of the City until the judgment of the Court has been complied with.

Section 125.210 Right of Appeal.

[CC 1997 §6-210]
The defendant shall have a right to a trial de novo, even from a plea of guilty, before a Circuit Judge or an Associate Circuit Judge. Such application for a trial de novo shall be filed within ten (10) days after the judgment and shall be in the form as provided by Supreme Court Rules.

Section 125.220 Appeal From Jury Verdicts.

[CC 1997 §6-220]
In all cases in which a jury trial has been demanded, a record of the proceedings shall be made, and appeals may be had upon that record to the appropriate Appellant Court.

Section 125.230 Breach of Recognizance.

[CC 1997 §6-230]
In the case of a breach of any recognizance entered into before a Municipal Judge or an Associate Circuit Judge hearing a municipal ordinance violation case, the same shall be deemed forfeited and the Judge shall 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 prosecuted before a Circuit Judge or Associate Circuit Judge, and in the event of cases caused to be prosecuted by a Municipal Judge, such shall be on the transcript of the proceedings before the Municipal Judge. All monies recovered in such action shall be paid over to the Municipal Treasury to the General Revenue Fund of the municipality.

Section 125.240 Disqualification of Municipal Judge From Hearing Particular Case.

[CC 1997 §6-240]
A Municipal Judge shall be disqualified to hear any case in which he/she is in anywise interested, or, if before the trial is commenced, the defendant or the prosecutor files an affidavit that the defendant or the municipality, as the case may be, cannot have a fair and impartial trial by reason of the interest or prejudice of the Judge. Neither the defendant nor the municipality shall be entitled to file more than one (1) affidavit or disqualification in the same case.

Section 125.250 Temporary Municipal Judge — Vacancy — Compensation.

A. 
If the Municipal Judge or Provisional Judge be absent, sick or disqualified from acting pursuant to the general administrative authority of the Presiding Judge of the Circuit Court over the Municipal Divisions within the circuit contained in Section 478.240, RSMo., a special Municipal Judge may be designated in accordance with the provisions of Section 479.230, RSMo., until such absence or disqualification shall cease.
B. 
Should a vacancy occur in the office of Municipal Judge, then the Mayor, with consent and approval of the majority of the members of the Board of Aldermen, may appoint some competent, eligible person to serve as Municipal Judge to complete the current term of office.
C. 
The Board of Aldermen shall provide by ordinance for the compensation of any person designated to act as Municipal Judge under the provisions of this Section.

Section 125.260 Clerk of Municipal Court.

[CC 1997 §6-260]
A. 
There shall be a Clerk of the Municipal Court. The duties of said Clerk shall be as follows:
1. 
To collect such fines for violations of such offenses as may be described, and the court costs hereof.
2. 
To take oaths and affirmations.
3. 
To accept signed complaints, and allow the same to be signed and sworn to or affirmed before him/her.
4. 
Sign and issue subpoenas requiring the attendance of witnesses and sign and issue subpoenas duces tecum.
5. 
Accept the appearance, waiver of trial and plea of guilty and payment of fine and costs in Violations Bureau cases or as directed by the Municipal Judge; generally act as Violation Clerk of the Violations Bureau.
6. 
Perform all other duties as provided for by ordinance, by rules of practice and procedure adopted by the Municipal Judge and by the Missouri Rules of Practice and Procedure in Municipal and Traffic Courts and by Statute.
7. 
Maintain, properly certified by the City Clerk, a complete copy of the ordinances of the City of the municipality which shall constitute prima facie evidence of such ordinance before the Court. Further, to maintain a similar certified copy on file with the Clerk serving the Circuit Court of this County.

Section 125.270 Court Costs.

[CC 1997 §6-270; Ord. No. 1146 §2(a,b), 11-12-1996]
A. 
In addition to any fine that may be imposed by the Municipal Judge, there shall be assessed as costs in all cases the following:
1. 
Costs of court in the amount of twelve dollars ($12.00).
2. 
In all cases except those for non-moving traffic violations or where the case has been dismissed by the Court, costs for the training of Police Officers in the amount of two dollars ($2.00) which shall be transmitted monthly to the General Revenue Fund.
3. 
In all cases except those for non-moving traffic violations or where the case has been dismissed by the Court, costs in the amount of one dollar ($1.00) to be collected and transmitted monthly to the Treasurer of the State of Missouri, Peace Officers Standards and Training Commission Fund, to be used statewide for the training of Law Enforcement Officers.
4. 
Crime Victims' Compensation Fund. An additional sum of seven dollars fifty cents ($7.50) shall be assessed and added to the basic costs in Subparagraph (1) of this Section, provided that no such cost shall be collected in any proceeding when the proceeding or the defendant has been dismissed by the Court. All sums collected pursuant to this Subparagraph shall be paid at least monthly as follows:
a. 
Ninety-five percent (95%) of such fees shall be paid to the Director of Revenue of the State of Missouri for deposit as provided in Section 595.045.5, RSMo.
b. 
Five percent (5%) shall be paid to the City Treasury.
5. 
Other cost, such as for the issuance of a warrant, a commitment, or a summons, as provided before the Associate Circuit Judge in criminal prosecutions.
6. 
Actual costs assessed against the City by the County Sheriff for apprehension or confinement in the County Jail.
7. 
Mileage, in the same amount as provided to the Sheriff in criminal violations, for each mile and fraction thereof the officer must travel (both directions) in order to serve any warrant or commitment or order of this Court.

Section 125.280 Court Costs — Assess Against Prosecuting Witness.

[CC 1997 §6-280]
The costs of any action may be assessed against the prosecuting witness and judgment be rendered against him/her that he/she pay the same and stand committed until paid in any case where it appears to the satisfaction of the Municipal Judge that the prosecution was commenced without probable cause and from malicious motives.

Section 125.290 Installment Payment of Fine.

[CC 1997 §6-290]
When a fine is assessed for violating an ordinance, it should be within the discretion of the Judge assessing the fine to provide for the payment of a fine on an installment basis under such terms and conditions as he/she may deem appropriate.

Section 125.300 Reimbursement of Cost For Alcohol and Drug-Related Offenses.

[CC 1997 §6-300; Ord. No. 1020 §§6-300 — 6-301, 5-11-1993]
A. 
Upon a plea of guilty, finding of guilt or conviction for violation of the provisions of Sections 342.020 or 342.030, the Court may, in addition to imposition of any penalties provided by law and whether or not sentence is imposed, order the person to reimburse law enforcement authorities for the costs associated with such arrest.
B. 
Such costs shall include the reasonable cost of making the arrest, including the cost of any chemical tests to determine the alcohol or drug content of the person's blood, and the cost of processing, charging, booking and holding such person in custody.
C. 
Law enforcement authorities may establish a schedule of such costs for submission to the Court; however, the Court may order the costs reduced if it determines that the schedule of costs is excessive given the circumstances of the case or for good cause shown.
D. 
These fees shall be calculated as additional costs by the Municipal Court and shall be collected by the Court in the same manner as other costs and fees are collected and remitted to the City Treasurer.
E. 
The City Treasurer shall retain these fees in a separate fund known as the "DWI/Drug Enforcement Fund". Monies within the DWI/Drug Enforcement Fund shall be appropriated by the Board of Aldermen to law enforcement authorities from such fund in amounts equal to those costs so incurred and shall be specifically used to enhance and support the enforcement and prosecution of alcohol- and drug-related traffic laws within the City.

Section 125.310 Failure To Appear in Municipal Court.

A. 
A person commits the offense of failure to appear in Municipal Court if:
1. 
He/she has been issued a summons for a violation of any ordinance of the City of Branson West and fails to appear before the Judge of the Municipal Court at the time and on the date on which he/she was summoned, or at the time or on the date to which the case was continued;
2. 
He/she has been released upon recognition of bond and fails to appear before the Judge of the Municipal Court at the time and on the date on which he/she was summoned, or at the time or on the date to which the case was continued;
3. 
He/she has been placed on Court supervised probation and fails to appear before the Judge of the Municipal Court at the time specified by said Judge as a condition of the probation.
B. 
Nothing in this Section shall prevent the exercise of the Municipal Court of its power to punish for contempt.

Section 125.320 Search Warrant Defined — Who May Issue, Execute.

[Ord. No. 1256 §1(12-13), 6-10-2003]
A. 
An "administrative search warrant" is a written order of the Municipal Judge commanding the entry, 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 Section of the Revised Code of Ordinances of the City of Branson West relating to the use, condition or occupancy of property or structures located within the City of Branson West, or to enforce the provision of any such ordinance or Section.
B. 
The Municipal Judge having original and exclusive jurisdiction to determine violations against the ordinances of the municipality shall have the authority to issue an administrative search warrant when:
1. 
The property or place to be entered, searched or inspected or the thing to be seized is located within the City of Branson West at the time of the making of the application, and
2. 
The owner or occupant of the property or place to be entered, searched or inspected or the thing to be seized has refused to allow the same after official request by the Building Inspector.
C. 
Any such warrant shall be directed to the Chief of Police or any other Police Officer of the City of Branson West and shall be executed by the Chief of Police or said Police Officer within the City limits and not elsewhere.

Section 125.330 Who May Apply For Warrant — Contents of Application.

[Ord. No. 1256 §1(12-14), 6-10-2003]
A. 
Any Police Officer, City Administrator, Code Enforcement Official, or an Attorney of the City of Branson West may make application to the Municipal Judge for the issuance of an administrative search warrant.
B. 
The application shall:
1. 
Be in writing;
2. 
State the time and date of the making of the application;
3. 
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;
4. 
State that the owner or occupant of the property or places to be entered, searched, inspected or seized has been requested by the City of Branson West to allow such action and has refused to allow such action;
5. 
State facts sufficient to show probable cause for the issuance of a search warrant, as provided in Subsection (C) hereof, to:
a. 
Enter, search or inspect for violations of an ordinance or Section relating to the use, condition or occupancy of property or structures located within the City of Branson West as such is specified in the application; or
b. 
Show that entry or seizure is authorized and necessary to enforce an ordinance or Section relating to the use, condition or occupancy of property or structures located within the City of Branson West as such is specified in the application and that any required due process has been afforded prior to the entry or seizure.
6. 
Be verified by the oath or affirmation of the applicant; and
7. 
Be signed by the applicant and filed in the Municipal Court.
C. 
The application may be supplemented by a written affidavit or affidavits verified by oath or affirmation. Such affidavit(s) 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 entered, searched or inspected. Oral testimony shall not be considered.

Section 125.340 Hearing and Procedure — Contents of Warrant — Execution and Return.

[Ord. No. 1256 §1(12-15), 6-10-2003]
A. 
Hearing And Procedure.
1. 
The Municipal Judge shall hold a non-adversary hearing to determine whether probable cause exists to enter, inspect or search for violations of any Branson West ordinance or Section relating to the use, condition or occupancy of property or structures located within the City of Branson West, or to enforce any such ordinance or Section.
2. 
In doing so the Municipal Judge shall determine whether the action to be taken by the City of Branson West is reasonable in light of the facts stated. The Municipal Judge shall consider the goals of the ordinance or Code Section relating to the use, condition or occupancy of property or structures located within the City of Branson West 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 relating to the use, condition or occupancy of property or structures located within the City of Branson West and the passage of time since the property's last inspection. Convincing evidence shall be presented to the Municipal Judge that there is probable cause to believe that there is a threat to the life of a human or animal and/or that there is a threat to the public health of the residents of the City of Branson West. The standard for issuing a warrant need not be limited to actual knowledge of an existing violation of a municipal ordinance or Code Section.
3. 
If it appears from the application and any supporting affidavit that there is probable cause to enter, inspect or search for violations of any ordinance or Code Section relating to the use, condition or occupancy of property or structures located within the City of Branson West, or that entry or seizure is authorized by any ordinance or Code Section, or to enforce any such ordinance or Code Section, a search warrant shall immediately be issued.
4. 
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.
B. 
Contents Of Search Warrant. The search warrant shall:
1. 
Be in writing and in the name of the City of Branson West;
2. 
Be directed to any Police Officer in the City of Branson West;
3. 
State the time and date the warrant is issued;
4. 
Identity the property or place to be searched, inspected, entered upon, or seized 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 or entered upon, and that any evidence of any ordinance or Code violations relating to the use, condition or occupancy of property or structures located within the City of Branson West found therein or thereon, or any property seized pursuant thereto, or a description of such property seized be returned within ten (10) days after filing of the application to the Municipal Judge who issued the warrant, to be dealt with according to law;
6. 
Be signed by the Judge, with his/her title of office indicated.
C. 
Execution And Return.
1. 
A search warrant issued under this Article shall be executed only by a Branson West Police 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:
a. 
The warrant shall be executed by conducting the search, inspection, entry or seizure as commanded and shall be executed as soon as practicable and in a reasonable manner.
b. 
The officer shall give the owner or occupant of the property searched, inspected or entered upon a copy of the warrant.
c. 
Seized property.
(1) 
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.
(2) 
The disposition of property seized pursuant to a search warrant under this Section shall be in accordance with any applicable ordinance or Code Section, but in the absence of same, then with Section 542.301, RSMo.
d. 
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.
e. 
An officer making a search pursuant to an invalid warrant, the invalidity of which is not apparent on its face, may use such force as he/she would be justified in using if the warrant were valid.
f. 
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.
2. 
Delivery of warrant.
a. 
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.
b. 
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 entered, searched or seized, when he/she is not the same person, if known.
c. 
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.
d. 
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 entered, searched or seized.

Section 125.350 Warrant Invalid — When.

[Ord. No. 1256 §1(12-16), 6-10-2003]
A. 
A search warrant shall be deemed invalid if:
1. 
It was not issued by the Municipal Judge;
2. 
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 this Article;
3. 
It was issued with respect to property or places outside the City of Branson West;
4. 
It is not executed and returned within ten (10) days after the date of making the application.