[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".
[CC 1997 §6-020]
The jurisdiction of the Municipal Court shall extend to all
cases involving alleged violations of the ordinances of the City.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
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.
[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.
[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.
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.
[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.
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:
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.
[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.
[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.
[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.
[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.
[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.
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.
[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.
[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:
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.
8.
Court Automation Fee. In addition to other fees assessed as Court
costs in this Section, a surcharge of seven dollars ($7.00) for each
case filed in Branson West Municipal Court for violations of municipal
ordinances shall be assessed and collected under the terms of Section
477.605, RSMo. In addition, the Board of Aldermen requires that the
Traffic Violations Bureau collect a seven dollar ($7.00) surcharge
on each plea of guilty processed by the Traffic Violations Bureau
for traffic violations that occurred within the City of Branson West.
[Ord. No. 1-2021, 1-19-2021]
[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.
[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.
[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.
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.
[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.
[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.
[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.
[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.
