[R.O. 2010 §125.010; CC 1970 §17-1; Ord. No. 12-78 §2, 12-12-1978]
There is hereby established in this City a Municipal Court,
to be known as the "Glendale Municipal Court, a Division of the 21st
Judicial Circuit Court of the State of Missouri". This Court is a
continuation of the Police Court of the City as previously established,
and is termed herein "the Municipal Court".
Violations of municipal ordinances shall be heard and determined
only before divisions of the Circuit Court as hereinafter provided
in this Chapter. "Heard and determined", for purposes
of this Chapter, shall mean any process under which the court in question
retains the final authority to make factual determinations pertaining
to allegations of a municipal ordinance violation.
[R.O. 2010 §125.030; CC 1970 §17-3; Ord. No. 12-78 §2, 12-12-1978]
The Judge of the City's Municipal Court shall be known as a Municipal Judge of the Twenty-First Judicial Circuit Court and shall be appointed to his/her position by the Mayor, subject to the confirmation of the Board of Aldermen, for a term as specified in Section 125.040.
[R.O. 2010 §125.040; CC 1970 §17-4; Ord. No. 12-78 §2, 12-12-1978]
The Municipal Judge shall hold his/her office for a period of
two (2) years and shall take office from the first meeting in May;
provided, that the initial appointment shall be made on January 9,
1979, and serve until the second (2nd) Tuesday of May, 1981. 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 for less than
two (2) years.
[R.O. 2010 §125.050; CC 1970 §17-5; Ord. No. 12-78 §2, 12-12-1978]
A.
The
Municipal Judge shall vacate his/her office under the following circumstances:
[R.O. 2010 §125.060; CC 1970 §17-6; Ord. No. 12-78 §2, 12-12-1978; Ord. No. B10-20, 6-1-2020]
A.
The
Municipal Judge shall possess the following qualifications before
he/she shall take office:
1.
He/she must be a licensed attorney, qualified to practice law within
the State.
2.
He/she must be a resident of the State.
3.
He/she must be a resident of the State.
4.
He/she must be between the ages of twenty-one (21) and seventy-five
(75) years.
5.
He/she may serve as the Municipal Judge for any other 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 other employment.
[R.O. 2010 §125.070; CC 1970 §17-7; Ord. No. 12-78 §2, 12-12-1978]
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,
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.
[R.O. 2010 §125.080; CC 1970 §17-8; Ord. No. 12-78 §2, 12-12-1978]
The Municipal Judge shall cause to be prepared within the first
(1st) ten (10) days of every month a report indicating the following:
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 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.
[R.O. 2010 §125.090; CC 1970 §17-9; Ord. No. 12-78 §2, 12-12-1978]
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 the 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 Court.
[R.O. 2010 §125.100; CC 1970 §17-9.1; Ord. No. 8-81 §1, 6-23-1981; Ord. No. 2-84 §1, 1-4-1984]
A second Municipal Judge of the City's Municipal Court shall be known as the second (2nd) Municipal Judge, or Provisional Judge, of the 21st Judicial Circuit Court and shall be appointed to his/her position by the Mayor, subject to the confirmation of the Board of Aldermen for a term as specified in Section 125.040. The qualifications for the second Municipal Judge or Provisional Judge shall be those as set out in Section 125.060 hereof.
[R.O. 2010 §125.110; CC 1970 §17-9.2; Ord. No. 8-81 §1, 6-23-1981]
Whenever an application for a change of judge is sustained or
the Municipal Judge disqualifies himself/herself or in the event that
for any reason the Municipal Judge is unable to attend or preside
at the sessions of the Municipal Court, he/she shall refer the case
to the Presiding Judge of the Circuit Court and request the appointment
of the Provisional Judge to hear the case. The second Municipal Judge
or Provisional Municipal Judge shall preside at the City's Municipal
Court when an application for a change of judge is sustained or the
Municipal Judge disqualifies himself/herself or in the event that
for any reason the Municipal Judge is unable to attend or preside
at the sessions of the Municipal Court.
[R.O. 2010 §125.120; CC 1970 §17-9.3; Ord. No. 8-81 §1, 6-23-1981]
[R.O. 2010 §125.130]
The compensation of the Provisional Judge shall be set by the
Board of Aldermen from time to time.
[R.O. 2010 §125.140; CC 1970 §17-10; Ord. No. 12-78 §2, 12-12-1978]
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.
[R.O. 2010 §125.150; CC 1970 §17-11; Ord. No. 12-78 §2, 12-12-1978; Ord. No. 02-00 §1, 2-7-2000]
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 Court Clerk is hereby designated as the Violations
Clerk for such Bureau, if established.
[R.O. 2010 §125.160; CC 1970 §17-12; Ord. No. 12-78 §2, 12-12-1978]
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 warrants 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.
[R.O. 2010 §125.170; CC 1970 §17-13; Ord. No. 12-78 §2, 12-12-1978]
The Chief of Police, or other Police Officer of the City shall,
without a warrant, make arrest of any person who commits an offense
in his/her presence, but such officer shall file a written complaint
with the Judge hearing violations of Municipal ordinances before the
trial.
[R.O. 2010 §125.180; CC 1970 §17-14; Ord. No. 12-78 §2, 12-12-1978]
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 Judge. Whenever a defendant
accused of a violation of a municipal ordinance demands trial by jury,
the Municipal Court shall certify the case to the Presiding Judge
of the Circuit Court for reassignment.
[R.O. 2010 §125.190; CC 1970 §17-15; Ord. No. 12-78 §2, 12-12-1978]
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.
[R.O. 2010 §125.200; CC 1970 §17-16; Ord. No. 12-78 §2, 12-12-1978]
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.
[R.O. 2010 §125.220; CC 1970 §17-18; Ord. No. 12-78 §2, 12-12-1978]
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 may be allowed to such Sheriff for the keeping of such prisoner
in his/her custody. The same shall be taxed as cost.
[R.O. 2010 §125.230]
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.
[R.O. 2010 §125.240; CC 1970 §17-20; Ord. No. 12-78 §2, 12-12-1978]
In all cases tried before the Municipal Court, except where
there has been a plea of guilty or where the case has been tried with
a jury, the defendant shall have a right of trial de novo, before
a Circuit Judge or on assignment before an Associate Circuit Judge.
An application for a trial de novo shall be filed within ten (10)
days after judgment and shall be filed in such form and perfected
in such manner as provided by State Supreme Court rules.
[R.O. 2010 §125.260; CC 1970 §17-22; Ord. No. 12-78 §2, 12-12-1978]
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 actions shall be paid over to the Municipal Treasury to the General
Revenue Fund of the Municipality.
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.
[R.O. 2010 §125.290; CC 1970 §17-25; Ord. No. 12-78 §2, 12-12-1978]
A.
There
shall be a Clerk of the Municipal Court. The duties of such Clerk
shall be as follows:
1.
To collect such fines for violations of such offenses as may be described,
and the court costs thereof.
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.
To sign and issue subpoenas requiring the attendance of witnesses
and sign and issue subpoenas duces tecum.
5.
To accept the appearance, waiver of trial and plea of guilty and
payment of fine and costs in Violation Bureau cases or as directed
by the Municipal Judge; generally act as Violation Clerk of the Violations
Bureau.
6.
To 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.
To maintain, properly certified by the City Clerk, a complete copy
of the ordinances 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 the County.
[R.O. 2010 §125.300; CC 1970 §17-26; Ord. No. 12-78 §2, 12-12-1978; Ord. No. 7-81 §1, 6-23-1981; Ord. No. 11-81 §1, 8-11-1981; Ord. No. 28-87 §1, 9-8-1987; Ord.
No. 15-94 §1, 9-19-1994; Ord. No. 9-95 §1, 5-1-1995; Ord. No. 17-95 §1, 11-6-1995; Ord. No. 5-98 §1, 2-16-1998; Ord. No. 01-00 §1, 2-7-2000; Ord. No. 13-01 §§1 — 2, 10-1-2001; Ord. No. 20-02 §1, 11-18-2002; Ord. No. B05-14 §1, 4-7-2014; Ord.
No. 18-18, 10-15-2018]
A.
In addition to any fine that may be imposed by the Municipal Judge
or Provisional Municipal Judge, including fines paid through the Violations
Bureau, there shall be assessed and collected from every defendant
who pleads guilty or is found guilty, in any proceedings brought before
the Municipal Judge of the City as costs, fees and surcharges the
following:
1.
Costs of court in the amount of twelve dollars ($12.00) per
case authorized under Section 479.260, RSMo.
2.
Police Officers Training Fund in the amount of two dollars ($2.00)
per case authorized under Section 488.5336, RSMo.
3.
Crime Victims' Compensation Fund in an amount up to seven dollars
and fifty cents ($7.50) per case authorized under Sections 488.5339
and 595.045, RSMo.
4.
Shelters for battered persons operated by St. Louis County,
Missouri, in the amount of two dollars ($2.00) per case authorized
under Section 488.607, RSMo.
5.
Peace Officer Standards and Training (POST) Commission Fund
to be used for training Law Enforcement Officers in the amount of
one dollar ($1.00) per case authorized under Section 488.5336, RSMo.
6.
Inmate Security Fund in the amount of two dollars ($2.00) per
case authorized under Section 488.5026, RSMo.
7.
Court Automation Fund in the amount of seven dollars ($7.00)
per case in all cases in which court costs are taxed. Said surcharge
shall be collected by the Municipal Court and transmitted monthly
to the Missouri Director of Revenue to the credit of the Missouri
Statewide Automation Fund, as provided in Section 488.012.3(5), RSMo.,
and Section 488.027.2, RSMo.
8.
Reimbursement Of Certain Costs Of Arrest.
a.
Upon a plea or a finding of guilt for a first offense of violating
the provisions of an ordinance of the City of Glendale involving alcohol-
or drug-related traffic offenses, the Court may, in addition to imposition
of any penalties provided by law, order the convicted person to reimburse
the Police Department for the costs associated with such arrest.
b.
Such costs hereby authorized shall include the reasonable cost
of making the arrest, including the cost of any chemical test made
as authorized or required by law or ordinance to determine the alcohol
or drug content of the person's blood, and the costs of processing,
charging, booking and holding such person in custody.
c.
The Chief of Police shall establish a schedule of such costs
hereby authorized and shall submit the same to the Municipal Judge.
However, the Court may order the costs reduced if it determines that
the costs are excessive.
d.
Upon receipt of such additional costs authorized by this Section,
the City Treasurer shall retain such costs in a separate fund to be
known as the "DWI/Drug Offense Cost Reimbursement Fund." Monies with
such fund shall be appropriated by the Board of Aldermen to the Police
Department in amounts equal to those costs so collected and shall
be used by such Department specifically to enhance and support the
enforcement and prosecution of alcohol- and drug-related traffic laws
within the City.
9.
Actual costs assessed against the City by the Sheriff for apprehension
or confinement.
|
No such charge shall be collected in any proceedings when the
proceeding or defendant has been dismissed by the court.
|
[R.O. 2010 §125.310; CC 1970 §17-27; Ord. No. 12-78 §2, 12-12-1978]
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.
[R.O. 2010 §125.320; CC 1970 §17-28; Ord. No. 12-78 §2, 12-12-1978]
When a fine is assessed for violating an ordinance, it shall
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.
[R.O. 2010 §125.330]
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 Glendale, 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;
4.
He/she has been given an extension of time to pay fines and costs
due, but fails to appear on agreed date to pay.
B.
Nothing
in this Section shall prevent the exercise by the Municipal Court
of its power to punish for contempt.
A.
Search Warrant Defined — Who May Issue, Execute.
1.
An administrative search warrant is a written order of the Municipal
Judge permitting the entry of City Officials on or into private property,
structure or improvement to enforce the City's housing, zoning, health
and safety regulations when government entry on or into such property
is otherwise authorized by Missouri law. A warrant may issue only
in conformance with this Section and only for the enforcement of the
City's housing, zoning, health and safety regulations, specifically:
2.
The Municipal Judge having original and exclusive jurisdiction to
determine violations against the ordinances of the municipality may
issue an administrative warrant when:
a.
The property to be entered is located within the City, and
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 in conjunction with the Code Enforcement
Officer or other appropriate City Official within the City limits
and not elsewhere.
B.
Who May Apply For Warrant — Contents Of Application.
1.
Any Code Enforcement Officer, Police Officer or attorney of the City
may make application to the Municipal Judge for the issuance of an
administrative 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 particularity 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:
e.
State facts sufficient to show probable cause for the issuance of a search warrant as provided in Subsection (C) of this Section to:
(1)
Search or inspect for violations of an ordinance or Code Section
specified in the application; or
(2)
Show that entry or seizure is authorized and necessary to enforce
an ordinance or Code Section specified in the application and/or abate
an ordinance violation and that due process has been afforded prior
to the 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 Municipal 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.
4.
The application may be submitted by hand delivery, mail or facsimile
or other electronic means.
C.
Determination Of Probable Cause — Issuance — Contents
Of Warrant — Execution And Return.
1.
Determination of probable cause/issuance.
a.
The Municipal Judge shall determine whether probable cause exists
to inspect or search for the purposes noted herein.
b.
In doing so the Municipal Judge shall determine whether the action
to be taken by the City is reasonable in light of the facts stated.
The Municipal 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, the passage of time since
the property's last inspection and the authority authorizing government
entry onto private property. 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 the private property
for the enforcement of the City's housing, zoning, health and safety
regulations, a search warrant shall immediately be 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 Municipal
Court.
e.
A search warrant shall expire if it is not executed within ten (10)
days after the date of the making of the application.
2.
Contents of search warrant. The search warrant shall:
a.
Be in writing and in the name of the City;
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 particularity that the officer executing
the warrant can readily ascertain it;
e.
Identify the regulation sought to be enforced;
f.
Command that the described property or places be entered upon for
one (1) or more specified enforcement purposes as provided herein,
including inspection or abatement;
g.
Direct that any evidence of any suspected ordinance violations be
seized, recorded or photographed and a description of such property
be returned within ten (10) days after issuance of the warrant to
the Clerk of the Municipal Court to be dealt with according to law;
h.
Be signed by the Judge with his/her title of office indicated.
3.
Execution. A search warrant issued under 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:
a.
Copies of the warrant shall be given to the officer executing the
warrant. Copies may be transmitted by hand delivery, mail or by facsimile
or other electronic means.
b.
The warrant shall be executed by conducting the search, inspection,
entry, abatement or seizure as commanded and shall be executed as
soon as practicable and in a reasonable manner but in no less than
ten (10) days after issuance of the warrant.
c.
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.
d.
The officer shall give the owner or occupant of the property searched,
inspected or entered upon a copy of the warrant or shall leave a copy
of the warrant at the property if the owner or occupant is not available.
e.
In the event that a warrant authorizes abatement of a nuisance or
other conditions, the Police Officer is not required to stay on the
property during the entire length of time that it takes for the abatement
to be completed.
4.
Itemized receipt/disposition of seized property.
a.
If any property is seized incident to the search or abatement, 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 or abatement in a conspicuous place.
b.
A copy of the itemized receipt of any property taken shall be delivered
to an attorney for the City within two (2) working days of the search.
c.
The disposition of property seized pursuant to a 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.
5.
Return required after execution of search 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, when not the same person, if known,
of the property or places searched or seized.
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
searched or seized.
D.
Warrant Invalid, When.
1.
A search warrant shall be deemed invalid:
a.
If it was not issued by the Municipal Judge;
b.
If it was issued without a written application having been filed
and verified;
c.
If 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 Subsection (C) hereof;
d.
If it was not issued with respect to property or places in the City;
e.
If it does not describe the property or places to be searched, inspected,
entered upon or seized with sufficient certainty;
f.
If it is not signed by the Judge who issued it; or
g.
If it was not executed within ten (10) days after the date of the
issuance of the warrant.
2.
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.
