[R.O. 2008 § 130.340; Ord. No. 5191 § 1, 6-14-2007]
A. Procedures Governing Arrest Warrants. 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 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. 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 complaint with the judge hearing violations of municipal
ordinances.
B. Procedures Governing Administrative Warrants.
1.
Administrative Warrant Defined—who
May Issue, Execute.
a.
An "administrative warrant" is a
written order of the Municipal Judge permitting the entry of City
Officials on or into private property to enforce the City's housing,
zoning, health and safety regulations when government entry on or
into such private 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:
(1) To abate such physical
conditions on private property constituting a public nuisance or otherwise
in violation of a specified regulation as provided herein;
(2) To inspect private property
to determine or prove the existence of physical conditions in violation
of such a specified regulation; and
(3) To seize, photograph,
copy or record evidence of the violation of such a specified regulation.
b.
The Municipal Judge having original
and exclusive jurisdiction to determine violations against the ordinances
of the municipality may issue an administrative warrant when:
(1) The property to be entered
is located within the City; and
(2) The owner or occupant
of the property to be entered:
(a) Has refused to allow
same after official request by the City; or
(b) Is not available, after
reasonable investigation and effort, to consent to such entry or inspection;
and
(3) The City establishes
probable cause to determine that a public nuisance or other violation
of a specified regulation as provided herein may exist.
c.
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 appropriate Code Enforcement Officer or other
appropriate official, within the City limits and not elsewhere.
2.
Who May Apply For Warrant—Contents
Of Application.
a.
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.
b.
The application shall:
(2) State the time and date
of the making of the application;
(3) Identify the property
to be entered, 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:
(a) Has been requested by
the City to allow such action and has refused to allow such action;
or
(b) Is not available, after
reasonable investigation and effort, to consent to such entry or inspection,
and in such case the application shall include details of the City's
investigation and effort to request such consent;
(5) State facts sufficient
to show probable cause for the issuance of a warrant to enter the
private property, including the specification of the housing, zoning,
health or safety regulation sought to be enforced;
(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 verified by oath or affirmation. Such affidavit
shall be considered in determining whether there is probable cause
for the issuance of a warrant and in filling out any deficiencies
in the description of the property or place to be entered. Oral testimony
shall not be considered. The application may be submitted by facsimile
or other electronic means.
3.
Hearing And Procedure—contents
Of Warrant—Execution And Return.
a.
Hearing And Procedure.
(1) The Municipal Judge
shall determine whether probable cause exists to enter the private
property for the purposes noted herein.
(2) 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 known or suspected violation of any relevant City ordinance
or Code Section, the passage of time since the property's last inspection,
and the law, Statute or ordinance 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.
(3) If it appears from the
application and any supporting affidavit that there is probable cause
to enter the private property for the enforcement of the City's housing,
zoning, health and safety regulations, a 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 Warrant. The warrant
shall:
(1) Be in writing and in
the name of the City;
(2) Be directed to any Police
Officer in the City;
(3) State the time and date
the warrant was issued;
(4) Identify the property
to be entered in sufficient detail and particularity that the officer
executing the warrant can readily ascertain it;
(5) Command that the described
property be entered for one (1) or more specified enforcement purposes
as provided herein, identify the regulation sought to be enforced,
and direct that any evidence of any suspected property violations
be seized, recorded or photographed, and a description of such property
be returned, within ten days after filing of the application, to the
Clerk of the Municipal Court 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 warrant issued under
this Article shall be executed only by a City Police Officer, provided
however, that one (1) or more designated City Officials shall accompany
the officer, and the warrant shall be executed in the following manner:
(a) The warrant may be issued
by facsimile or other electronic means.
(b) The warrant shall be
executed by conducting the private property entry as commanded and
shall be executed as soon as practicable and in a reasonable manner.
(c) The officer shall give
the owner or occupant of the property entered a copy of the warrant.
(d) If any property is seized
incident to the entry, 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, or if no such
person is ascertainable, the officer shall leave the receipt at the
site of the entry in a conspicuous place.
(i) 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 execution of the warrant.
(ii) 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.
(e) The officer may summon
as many persons as he/she deems necessary to assist him/her in executing
the warrant.
(f) An officer executing
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.
(g) A 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) After execution of the
warrant, the warrant, with a return thereon signed by the officer
executing the warrant, shall be delivered to the Municipal Court in
the following manner:
(a) 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
entered.
(b) 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.
(3) The Court Administrator,
upon request, shall deliver a copy of the return to the possessor
and the owner, when not the same person, of the property entered or
seized.
4.
Warrant Invalid, When. A 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
(B)(3)(c)(1)(b) hereof;
d.
If it was not issued with respect
to property in the City;
e.
If it does not describe the property
or places to be entered, inspected or seized with sufficient certainty;
f.
If it is not signed by the judge
who issued it; or
g.
If it was not executed and the required
return made within ten (10) days after the date of the making of the
application.