City of Palmyra, MO Chapter 200 Municipal Ordinance Violations

Section 200.010 Court Operations.

[Ord. No. 1235-20-08, 9-3-2020[1]]

All Palmyra, Missouri, municipal ordinance violations shall be heard in the Associate Division of the Tenth Judicial Circuit, Division 1 at Palmyra, Missouri.

[1] Editor's Note: Former Chapter 200, Municipal Court, containing Sections 200.010 through 200.200, was repealed 9-3-2020 by Ord. No. 1235-20-08. Said ordinance also changed the title of this Chapter.

Section 200.020 through Section 200.030. (Reserved)

Section 200.040 Court Room.

[Ord. No. 1235-20-08, 9-3-2020]

Municipal Court shall be held in the County courthouse of the Circuit Court of Marion County, Missouri, Division 1, at Palmyra, Missouri, or at such other place as may be designated by order of the Court,

Section 200.050 through Section 200.060. (Reserved)

Section 200.070 Definitions.

[Ord. No. 1235-20-08, 9-3-2020]

As such terms may be used in the ordinances of the City of Palmyra, they shall have the following meanings:

The words CITY RECORDER, RECORDER'S COURT, and CITY COURT wherever found in the Charter and Ordinances of the City of Palmyra shall henceforth be construed to mean the Municipal Court heard in the Associate Division of the Tenth Judicial Circuit, Division 1 at Palmyra, Missouri.

CITY

The City of Palmyra, Missouri.

COURT

The Circuit Court of Marion County, Missouri, Municipal Division, at Palmyra, Missouri.

JUDGE

A Judge of the Associate Circuit Division of Marion County, Division 1 at Palmyra, Missouri, sitting as Municipal Judge.

Section 200.080 Costs.

[Ord. No. 1235-20-08, 9-3-2020; Ord. No. 1238-21-01, 1-7-2021]

A. Whenever any person is convicted or pleads guilty of violating any ordinance of the City in the Associate Division, such person shall be adjudged to pay the following costs:

1. In every case where there is a conviction or a plea of guilty, the clerk fee shall be the sum of fifteen dollars ($15.00).

2. Seven dollars ($7.00) shall be assessed for the funding of the City of Palmyra's participation in the Statewide court automation system as established by Section 476.056, RSMo.

3. Two dollars ($2.00) shall be assessed for the funding of local police training.

4. The Court shall impose an additional cost of two dollars ($2.00) in each case, which sum shall be collected and disbursed for the purpose of providing for the operating expenses for shelters for battered persons as defined in Sections 455.200 through 455.230, RSMo.

5. One dollar ($1.00) shall be assessed for the peace officer training fund fee as established by Section 488.5336, RSMo.

6. Seven dollars and fifty cents ($7.50) shall be assessed for the crime victims' unit compensation fund as established by Section 488.5339 and 595.045, RSMo.

7. Three dollars ($3.00) shall be assessed for the Sheriff's Retirement Fund, as provided in Section 57.955, RSMo.

B. All such costs shall be assessed against the defendant except when by law Court costs may not be assessed, and shall be collected by the Associate Division Judge and/or Clerk. The costs so collected shall be paid as provided by Statute and Supreme Court Operating Rules.

Section 200.090 Driving School.

[Ord. No. 1235-20-08, 9-3-2020]

In accordance with Section 302.302.4, RSMo., the Municipal Court may, in connection with the disposition of any offense resulting in the assessment of points by the State Director of Revenue under the provisions of Subdivision (1), (2), or (4) of Subsection 1 of Section 302.302, RSMo., or under Subsection 2 of Section 302.302, RSMo., order the completion of a driver improvement program. The completion of a driver improvement program shall not be ordered more than one (1) time in any thirty-six (36) month period and must be completed within sixty (60) days of the date of conviction. The Clerk of the Court shall, within fifteen (15) days after completion of the driver improvement program by a chauffeur or operator, forward a record of the completion to the Director of Revenue.

Section 200.100 Probation And Restitution.

[Ord. No. 1235-20-08, 9-3-2020]

A. Probation. The Judge is hereby authorized to order probation for a person who pleads guilty or is found by the Court to be guilty of violating any ordinance of the City which is punishable by a fine and/or imprisonment, and such probation may include one (1) or more of the following provisions:

1. Suspended imposition of sentence.

2. The performance of a designated amount of community service for the City, or if there is no community service needed by the City, for some other public or charitable entity as shall be determined by the Judge.

3. Compensation to the victim, if any.

4. Completion of treatment programs.

5. Payment of Court costs.

B. Restitution. The Judge may also order that a defendant who is found guilty make restitution to his/her victim.

Section 200.105 Failure To Comply With Subpoena.

[Ord. No. 1235-20-08, 9-3-2020]

A. A person commits the offense of failure to comply with a subpoena if, after being duly served with a subpoena issued by the Municipal Court, the person fails to appear at the time and in the manner directed in the subpoena or to do any other act required by the subpoena.

B. Any person violating the provisions of this Section shall be fined not less than five dollars ($5.00) nor more than five hundred dollars ($500.00).

Section 200.110 Failure To Appear In Municipal Court.

[Ord. No. 1235-20-08, 9-3-2020]

A. A person commits the offense of failure to appear in Municipal Court if:

1. The person has been issued a summons for a violation of any ordinance of the City of Palmyra and fails to appear before the Judge at the time and on the date on which the person was summoned or at the time and on the date to which the case was continued; or

2. The person has been released upon recognizance of bond and fails to appear before the Judge of the Municipal Court at the time and on the date on which the person was summoned or at the time and on the date to which the case was continued.

B. Nothing in this Section shall prevent the exercise by the Municipal Court of its power to punish for contempt.

C. Any person violating the provisions of this Section shall be fined not less than five dollars ($5.00) nor more than five hundred dollars ($500.00).

Section 200.120 Police Training Fund.

[Ord. No. 1235-20-08, 9-3-2020]

A. There is assessed as costs the sum established by ordinance in each Court proceeding in the Associate Division for the violation of any ordinance of the City, except for violations of non-moving traffic violations.

B. It shall be the duty of the Associate Division Judge and/or Clerk to collect the Court costs in such cases. The costs shall be transmitted monthly as provided by Statute to the treasury of the City of Palmyra.

C. The funds collected by virtue of this Section shall be used by the City to pay for the training of City of Palmyra Police Officers.

Section 200.130 Crime Victims' Compensation Fund.

[Ord. No. 1235-20-08, 9-3-2020]

A. A fee of seven dollars and fifty cents ($7.50), or such fee as may be hereafter authorized by State Statute, shall be assessed as costs in each Court proceeding in the Associate Division, as required by Section 595.045.1, RSMo., except no such fee shall be collected where the proceedings or defendant has been dismissed, or where costs are paid by the State, County or municipality on behalf of the indigent defendant.

B. The monies collected by the Clerk shall be paid at least monthly, as follows;

1. Ninety-five percent (95%) shall be paid to the Director of Revenue of the State; and

2. Five percent (5%) shall be paid to the City treasury.

C. The Clerk of the Associate Division shall keep a record of all delinquent payments.

Section 200.140 Administrative Search Warrants.

[Ord. No. 1235-20-08, 9-3-2020]

A. Search Warrant Defined — Who May Issue, Executed.

1. An administrative search warrant is a written order of the Associate Division Judge commanding the 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 Code Section of the City relating to the use, condition or occupancy of property or structures located within the City, or to enforce the provisions of any ordinance or Code Section.

2. The Associate Division Judge having original and exclusive jurisdiction to determine violations against the ordinances of the municipality may issue an administrative search warrant when:

a. The property or place to be searched or inspected or the thing to be seized is located within the City at the time of the making of the application, and

b. The owner or occupant of the property or place to be searched or inspected or the thing to be seized has refused to allow same after official request by the City.

3. Any such warrant shall be directed to the Chief of Police or any other Police Officer of the City and shall be executed by the Chief of Police or said Police Officer within the City limits and not elsewhere.

B. Who May Apply For Warrant — Contents Of Application.

1. Any Police Officer or attorney of the City may make application to the Associate Division Judge for the issuance of an administrative 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 entered, searched, inspected or seized in sufficient detail and particularly that the officer executing the warrant can readily ascertain it;

d. State that the owner or occupant of the property or places to be entered, searched, inspected or seized has been requested by the City to allow such action and has refused to allow such action;

e. State facts sufficient to show probable cause for the issuance of a search warrant, to:

(1) Search or inspect for violations of an ordinance or Code Section specified in the application; or

(2) Show that the entry or seizure is authorized and necessary to enforce an ordinance or Code Section specified in the application and that any required due process has been afforded prior to entry or seizure.

f. Be verified by the oath or affirmation of the applicant; and

g. Be signed by the applicant and filed in the Associate Division Court.

3. The application may be supplemented by a written affidavit verified by oath or affirmation. Such affidavit 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 searched or inspected. Oral testimony shall not be considered.

C. Hearing And Procedures — Contents Of Warrant — Execution And Return.

1. Hearing And Procedure.

a. The Judge shall hold a non-adversary hearing to determine whether the probable cause exists to inspect for violations of any City ordinance or Code Section, or to enforce any ordinance or Code Section.

b. In doing so the Judge shall determine whether the action to be taken by the City is reasonable in light of the facts stated. The Associate Division Judge shall consider the goals of the ordinance or Code Section 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 City ordinance or Code Section and the passage of time since the property's last inspection. The standard for issuing a warrant need not be limited to actual knowledge of an existing violation of a City ordinance or Code Section.

c. If it appears from the application and any supporting affidavit that there is probable cause to inspect or search for violations of any City ordinance or Code Section, or to enforce any such ordinance or Code Section, a search warrant shall be immediately issued.

d. 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 Associate Division Court.

2. Contents Of Search Warrant. The warrant shall:

a. Be in writing and in the name of the owner or occupant of the place to be searched or inspected;

b. Be directed to any Police Officer in the City;

c. State the time and date the warrant was issued;

d. Identify the property or places to be searched, inspected or entered upon in sufficient detail and particularly that the officer executing the warrant can easily ascertain it;

e. Command that the described property or places be searched or entered upon, and that any evidence of any City ordinance violations 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 Associate Division Judge who issued the warrant, to be dealt with according to law.

3. Execution And Return.

a. A search warrant issued under the ordinance codified in this Section shall be executed only by a City 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:

(1) 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.

(2) The officer shall give the owner or occupant of the property searched inspected or entered upon a copy of the warrant.

(3) Regarding Property Seized.

(a) 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.

(b) A copy of the itemized receipt of any property taken shall be delivered to an attorney within two (2) working days of the search.

(c) The disposition of the property seized pursuant to a search warrant under this Section shall be in accordance with an applicable City ordinance or Code Section, but in the absence of same, then with Section 542.301, RSMo.

(4) 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.

(5) 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 be would be justified in using if the warrant were valid.

b. After execution of the search warrant, the warrant, with a return thereon signed by the officer making the search shall be delivered to the Associate Division Court. The return shall show the date and manner of execution and the name of the possessor and of the owner, when not the same person, if known, of the property or places searched or seized. 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.