City of Centralia, MO
Boone County
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Table of Contents
Table of Contents
Editor's Note — Ordinance No. 2700, adopted September 17, 2012, amends Ordinance No. 1962 adopted June 16, 1997, Ordinance No. 1883 adopted January 2, 1996, amends Ordinance No. 1816 adopted September 19, 1994, Ordinance No. 1677 adopted June 15, 1992, Ordinance No. 1627 adopted June 17, 1991 and Ordinance No. 1138, which was adopted December 11, 1978, and provides as follows:[1]
State Law Reference — As to municipal court in cities of the fourth class generally, and as to court costs, see RSMo., §§ 302.137, 476.055, 476.385, 479.010, et seq., 479.260, 488.027, 488.5026, 488.5336, 488.5339 and 595.045. As to failure to appear in municipal court, § 544.665.
Cross Reference — As to working of prisoners and installment payment of fines, see § 1-8 of this Code. As to duties of police regarding municipal court generally, see § 24-15. As to traffic violations bureau Clerk, see § 18-2.1. As to driving without driver's license and riding motorcycle without protective headgear, see § 18-7.1. As to seat belt requirements, see § 18-42.2. As to failure to appear in municipal court, see § 20-22.
025a Ordinance Provisions
[1]
Editor's Note — The ordinance provisions are included as an attachment to this Section.

Section 25-1 Issuance of Municipal Administrative Search Warrants.

[Ord. No. 2616 § 1, 9-20-2010]
A. 
Municipal Administrative Search Warrant Defined; Who May Issue, Execute.
1. 
A municipal administrative search warrant is a written order of the Centralia Municipal Court Judge commanding the search or inspection of any property, place or thing within the Centralia City limits, 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 Centralia City Code Sections relating to the use, condition or occupancy of property or structures located within the City of Centralia, Missouri or to enforce the provisions of any such Centralia City Code Section(s), including Centralia City Code Sections pertaining to dangerous buildings, zoning, nuisance, building codes, health, safety and welfare.
2. 
The Centralia Municipal Court Judge (who has original and exclusive jurisdiction to determine violations of the ordinances of the City of Centralia, Missouri) shall have the authority to issue a municipal 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 of Centralia, Missouri, 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 request by the City Administrator, Code Enforcement Officer or any Centralia Police Officer.
3. 
Any such municipal administrative search warrant shall be directed to any Centralia Police Officer and shall be executed by such Centralia Police Officer within the Centralia City limits and not elsewhere.
B. 
Who May Apply For Municipal Administrative Search Warrant; Contents of Written Application; How Submitted.
1. 
Any Centralia Police Officer or the Centralia City Prosecutor or Centralia City Attorney may make written application to the Centralia Municipal Court Judge for the issuance of a municipal administrative search warrant.
2. 
The municipal administrative search warrant application shall:
a. 
Be in writing;
b. 
State the time and date of the making of the application;
c. 
Identify the property or places within the Centralia City limits to be entered, searched, inspected or things to be seized in sufficient detail and particularity that the Centralia Police Officer executing the municipal administrative search warrant can readily ascertain it;
d. 
State that the owner or occupant of the property or places to be entered, searched, inspected or thing to be seized within the Centralia City limits has been requested by a particular person with the City of Centralia (being either the City Administrator, Code Enforcement Officer or any Centralia Police Officer) to allow such action and has refused to allow such action;
e. 
State facts sufficient to show probable cause for the issuance of a municipal administrative search warrant as provided in Subsection (C) of this Section to:
(1) 
Search or inspect for violations of a City Code Section specified in the application, or
(2) 
Show that entry or seizure is authorized and necessary to enforce a City Code Section specified in the application and that any required 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 in the presence of a notary public by the applicant, notarized by the notary public, and filed in the Centralia Municipal Court records.
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 municipal administrative search warrant and in filling out any deficiencies in the description of the property or place to be searched or inspected or thing to be seized within the Centralia City limits. Oral testimony shall not be considered — only the application and any written affidavit.
4. 
The municipal administrative search warrant written application and any supplemental affidavit may be submitted by facsimile or other electronic means.
C. 
Procedure; Contents of Municipal Administrative Search Warrant; How Issued; Execution and Return.
1. 
Procedure.
a. 
The Centralia Municipal Court Judge shall determine whether probable cause exists to inspect or search for violations of any applicable Centralia City Code Section or to enforce any such applicable Centralia City Code Section.
b. 
In doing so the Centralia Municipal Court Judge shall determine whether the action to be taken is reasonable in light of the facts stated in the application, as supplemented by supporting affidavit. The Centralia Municipal Court Judge shall consider the goals of the Centralia City Code Section(s) 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 Centralia City Code Sections and the passage of time since the property's last inspection. The standard for issuing a municipal administrative search warrant need not be limited to actual knowledge of an existing violation of any applicable Centralia City Code Section.
c. 
If it appears to the Centralia Municipal Court Judge from the application and any supporting affidavit that there is probable cause to inspect or search for violations of any applicable Centralia City Code Section or to enforce any such applicable Centralia City Code Section, a municipal administrative search warrant shall immediately be issued by the Centralia Municipal Court Judge.
d. 
The municipal administrative search warrant shall be issued in the form of an original and two (2) copies, and the application, any supporting affidavit and copy of the municipal administrative search warrant as issued shall be retained in the records of the Centralia Municipal Court.
2. 
Contents of municipal administrative search warrant. The municipal administrative search warrant shall:
a. 
Be in writing and in the name of the City of Centralia, Missouri.
b. 
Be directed to any Centralia Police Officer.
c. 
State the time and date the municipal administrative search warrant is issued.
d. 
Identify the property or places within the Centralia City limits to be searched, inspected or entered upon or thing to be seized in sufficient detail and particularity that the Centralia Police Officer executing the municipal administrative search warrant can readily ascertain it.
e. 
Command that the described property or places be searched, inspected or entered upon, and that any evidence of any Centralia City Code 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 the making of the application, to the Centralia Municipal Court Clerk, to be dealt with according to law.
f. 
Be signed by the Centralia Municipal Court Judge, with the Judge's title of office indicated.
3. 
How issued. The municipal administrative search warrant issued by the Centralia Municipal Court Judge may be issued by facsimile or other electronic means.
4. 
Execution and return.
a. 
A municipal administrative search warrant issued under this Section shall be executed only by a Centralia Police Officer, provided however, that one (1) or more Centralia City Officials, including, but not limited to, the City Administrator and the Code Enforcement Officer, may accompany and assist, if needed, the Centralia Police Officer; and the municipal administrative search warrant shall be executed in the following manner:
(1) 
The municipal administrative search warrant shall be executed by conducting the search, inspection, entry or seizure as commanded and shall be executed as soon as practicable in a reasonable manner and during daylight hours, if practicable.
(2) 
The Centralia Police Officer shall give the owner or occupant of the property searched, inspected or entered upon a copy of the municipal administrative search warrant.
(3) 
(a) 
If any property is seized incident to the search, the Centralia Police 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 Centralia Police 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 the Centralia City Prosecutor or Centralia City Attorney.
(c) 
The disposition of property seized pursuant to a municipal administrative search warrant under this Section shall be in accordance with provisions of Section 542.301, RSMo.
(4) 
The Centralia Police Officer may summon as many persons as the Centralia Police Officer deems necessary to assist the Police Officer in executing the municipal administrative search warrant, and such persons shall not be held liable as a result of any illegality of the search and seizure.
(5) 
A Centralia Police Officer making a search pursuant to an invalid municipal administrative search warrant, the invalidity of which is not apparent on its face, may use such force as the Centralia Police Officer would be justified in using if the municipal administrative search warrant were valid.
(6) 
A municipal administrative 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.
b. 
Return of the municipal administrative search warrant.
(1) 
After execution of the municipal administrative search warrant, the municipal administrative search warrant, with a return thereon signed by the Centralia Police Officer making the search, shall be delivered to the Centralia Municipal Court Clerk.
(2) 
The return shall show the date and manner of execution, what was seized, if anything, 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.
(3) 
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 in this Section, and in such a case a description of the property seized shall accompany the return.
(4) 
The Centralia Municipal 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.

Section 25-2 through Section 25-20. (Reserved)

[Repealed by Ord. No. 1138 § 1, 12-11-1978]