[R.O. 2011 § 135.090; R.O. 2009
§ 37.30; CC 1981 §§ 19-12 — 19-13; Ord. No. 78-97, 12-20-1978; Ord. No. 79-50, 5-30-1979; Ord. No. 96-276, 10-2-1996; Ord. No. 98-70, 2-9-1998]
A.
Issuance And Execution Of Warrants. All
arrest warrants issued or authorized by the 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.
B.
Arrests Without Warrants. 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 the officer's
presence or when the officer has reasonable grounds to believe any
such person has violated any ordinance of the City, but such officer
shall, before the trial, file a written complaint with the Judge hearing
violations of municipal ordinances.
[R.O. 2011 § 135.100; R.O. 2009
§ 37.31; CC 1981 § 19-21.1; Ord.
No. 91-68, 4-3-1991; Ord. No. 96-68, 3-6-1996; Ord. No. 96-276, 10-2-1996; Ord. No. 98-231, 5-20-1998; Ord. No. 05-288, 11-4-2005; Ord. No. 06-139, 6-14-2006; Ord. No. 07-162, 6-11-2007]
A.
Authority.
1.
The Municipal Judge shall have the
authority to issue search warrants for searches or inspections to
determine the existence of violations of any of the following provisions
of this Code of Ordinances:
e.
Title VI, Business Regulations;
2.
Business premises shall include all
premises used or designed for use as any permitted use or conditional
use listed under the "HCD," "C-1," "C-2," "C-3" or "OBP" districts
as listed in the Zoning Code, except that it shall not include dwelling
units.
3.
Dwelling unit shall mean a room or
group of rooms occupied or intended to be occupied as separate living
quarters.
B.
Warrants and searches or inspections made
pursuant thereto shall conform to and be governed by the following
provisions:
1.
The Chief of Police, City Attorney
or Prosecuting Attorney or a designated assistant may make application
for the issuance of a 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, article, material,
substance, person or other evidence which is to be searched for and
seized in sufficient detail and particularity that the officer executing
the warrant can readily ascertain it;
d.
Identify the person, place or thing
which is to be searched in sufficient detail and particularity that
the officer executing the warrant can readily ascertain whom or what
is to be searched;
e.
State facts sufficient to show:
(1)
Probable cause for the
issuance of the search warrant; and
(2)
That the owner and the
occupant of the premises were sent two (2) notices in writing, either
by personal service or by certified mail, that a search warrant would
be sought. This notification requirement shall not apply if the persons
signing the application determine that an emergency exists or that
the application is for an animal bite case.
(a)
The first notice shall
state that they would be allowed at least seven (7) calendar days
from the date of personal service or from the date of mailing in which
to provide access to the premises.
(b)
The second notice shall
be issued after expiration of the time period required in the first
notice and shall state that they would be allowed at least seven (7)
calendar days from the date of personal service of the second notice
in which to provide access to the premises. If the Fsecond notice
is mailed, then a copy of the second notice shall be posted on the
door of the premises to be searched on or before the date of mailing.
f.
Be verified by the oath or affirmation
of the applicant;
g.
Be filed in the Municipal Court;
h.
Be signed by the Chief of Police,
City Attorney or the Prosecuting Attorney or a designated assistant
and by both the appropriate department director and the Mayor.
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 person, place or thing to be searched or
of the property, article, material, substance, person or other evidence
to be seized. Oral testimony shall not be considered. The application
may be submitted by facsimile or other electronic means.
4.
The Municipal Judge shall hold a
non-adversary hearing to determine whether sufficient facts have been
stated to justify the issuance of a search warrant. If it appears
from the application and any supporting affidavit that there is probable
cause to believe that property, article, material, substance, person
or other evidence subject to seizure is on the person or at the place
or in the thing described, a search warrant shall immediately be issued.
The warrant shall be issued in the form of an original and two (2)
copies.
5.
The application and any supporting
affidavit and a copy of the warrant shall be retained in the records
of the Municipal Court.
6.
The search warrant shall:
a.
Be in writing and in the name of
the City;
b.
Be directed to any Peace Officer
in the City;
c.
State the time and date the warrant
is issued;
d.
Identify the material, article, substance,
person or other evidence which is to be searched for and seized in
sufficient detail and particularity that the officer executing the
warrant can readily ascertain it;
e.
Identify the person, place or thing
which is to be searched in sufficient detail and particularity that
the officer executing the warrant can readily ascertain whom or what
the officer is to search;
f.
Command that the described person,
place or thing be searched and that any of the described property,
article, material, substance, person or other evidence found thereon
or therein be seized or photographed or copied and be returned or
the photograph or copy be brought, within ten (10) days after filing
of the application, to the Municipal Judge who issued the warrant,
to be dealt with according to law;
g.
Be signed by the Judge, with title
of office indicated;
h.
Not authorize the seizure of real
property.
7.
A search warrant issued under this
Section may be executed only by a Police Officer. The warrant shall
be executed by conducting the search and seizure commanded. The search
warrant issued under this Section may be issued by facsimile or other
electronic means.
8.
A search warrant shall be executed
as soon as practicable and shall expire if it is not executed and
the return made within ten (10) days after the date of the making
of the application.
9.
After execution of the search warrant, the warrant, with a return thereon signed by the officer making the search, shall be delivered to the Judge who issued the warrant. The return shall show the date and manner of execution, what was seized and the name of the possessor and of the owner, when the owner and possessor are not the same person, if known. The return shall be accompanied by a copy of the itemized receipt required by Subsection (C)(5) below. The Judge or Clerk shall, upon request, deliver a copy of such receipt to the person from whose possession the property was taken and to the applicant for the warrant.
10.
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 probable
cause;
d.
If it does not describe the person,
place or thing to be searched or the property, article, material,
substance or person to be seized with sufficient certainty;
e.
If it is not signed by the Municipal
Judge;
g.
If it was issued without an affidavit
supplementing the application.
11.
The application or execution of a search warrant shall not be
deemed invalid for the sole reason that the application or execution
of the warrant relies upon electronic signatures of the peace officer
or prosecutor seeking the warrant or judge issuing the warrant.
C.
Search Warrant — Execution.
1.
The search shall be conducted in
a reasonable manner. The search warrant shall be executed only between
the hours of 8:00 A.M. and 5:00 P.M., except where its execution during
those hours is not practicable, in which case the search warrant may
be executed no later than 9:00 P.M.
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 would be justified if the warrant
were valid.
3.
The officer may summon as many persons
as deemed necessary to assist in executing the warrant. Such persons
shall not be held liable as a result of the illegality of the search
and seizure. If the application was initiated by a City inspector,
then that inspector shall not assist in executing the warrant or in
determining compliance with subsequent orders resulting from the search.
4.
If any property is seized, the officer
shall give to the person from whose possession it is taken, if the
person is present, a copy of the warrant and an itemized receipt of
the property taken. If no person is present, the officer shall leave
the copy and the receipt at the site of the search.
5.
A copy of the itemized receipt of
any property taken shall be delivered to the office of the City Attorney
within two (2) working days of the search.
D.
A person aggrieved by an unlawful seizure
made by an officer and against whom there is a pending proceeding
growing out of the subject matter of the seizure may file a motion
to suppress the use in evidence of the property or matter seized.
For the purposes of this Section, a "pending proceeding" shall mean
any investigation being conducted with the intention of using the
seized subject matter in seeking any information or when an information
has been issued. The procedures for a motion to suppress contained
in Section 542.296, RSMo., shall apply.
E.
The disposition of property seized pursuant
to a search warrant under this Section shall be in accordance with
Section 542.301, RSMo.
[R.O. 2011 § 135.110; R.O. 2009
§ 37.31.1; Ord. No. 98-482, 11-19-1998; Ord. No. 06-139, 6-14-2006]
A.
The Municipal Judge shall have the authority to issue search warrants to allow authorized officials of the City to enter onto private property for the purpose of abating nuisances and enforcing Section 375.070 (Removal Of Motor Vehicles From Property), Section 225.160 (Notice to Remove — Removal By City Upon Owner's Failure) and Section 220.100 (Abatement of Nuisance) of the City Code except that the warrant authorized hereunder shall not be used for a nuisance under Chapter 220 of the Code that is located within any building or structure.
B.
For purposes of this Subsection, an official
of the City, or that official's designees, whose duties involve the
enforcement of the Code Sections here set out may apply for a search
warrant to enforce the ordinance and abate an existing nuisance by
filing an application for a search warrant with a Municipal Judge
of the City.
C.
The application shall:
1.
Be in writing;
2.
State the time and date of the making
of the application;
3.
State facts sufficient to show that
a violation or nuisance under the Code provision exists;
4.
Identify the nature of the nuisance
or violation and the matter of its proposed abatement;
5.
State that the premises are occupied
and that the owner or person in possession has refused or has not
granted permission to enter onto the premises to abate the ordinance
violation or nuisance;
6.
Be verified by the oath or affirmation
of the applicant;
7.
Be signed by one (1) of the following
or a designee: the Chief of Police, City Attorney, Assistant City
Attorney, Prosecuting Attorney, Assistant Prosecuting Attorney or
the director of the department of the City whose duty it is to enforce
the Code Chapter and Section involved;
8.
Be filed in the Municipal Court.
D.
The search warrant shall:
1.
Be in writing and in the name of
the City;
2.
Be directed to any Peace Officer
or Enforcement Official in the City;
3.
State the time and date the warrant
is issued;
4.
Identify the place or thing which
is to be searched and the nuisance or violation to be abated in sufficient
detail and particularity that the officer or enforcement official
executing the warrant can readily determine what is to be abated;
5.
Be signed by the Judge, with title
of office indicated.
E.
A search warrant issued under this Section
may be executed by a Police Officer or the City Official, or his/her
designees, whose duty it is to enforce the Code Chapter and Section
which prompted the issuance of the warrant.
F.
A search warrant shall be executed as soon
as practicable and shall expire if it is not executed and the return
made within ten (10) days after the date of the making of the application.
G.
After execution of the search warrant,
the warrant, with a return thereon signed by the person making the
search, shall be delivered to the Judge who issued the warrant. The
return shall show the date and manner of execution, what was abated,
the method and manner of abatement and the name of the person, if
any, upon whom the warrant was served.
[R.O. 2011 § 135.120; R.O. 2009
§ 37.32; CC 1981 § 19-14; Ord.
No. 78-97, 12-20-1978; Ord. No. 79-50, 5-30-1979; Ord. No. 95-117, 5-2-1995]
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
as provided by applicable State law.
[R.O. 2011 § 135.130; R.O. 2009
§ 37.33; CC 1981 § 19-15; Ord.
No. 78-97, 12-20-1978; Ord. No. 79-50, 5-30-1979]
It shall be the duty of an attorney
designated by the municipality to prosecute the violations of the
Code of Ordinances and any other ordinance of the City before the
Municipal Judge or before any Circuit Judge hearing such violations.
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 dependent in any way upon the number
of cases tried, the number of guilty verdicts reached or the amount
of fines imposed or collected.
[R.O. 2011 § 135.140; R.O. 2009
§ 37.34; CC 1981 § 19-16; Ord.
No. 78-97, 12-20-1978; Ord. No. 79-50, 5-30-1979]
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.
[R.O. 2011 § 135.150; R.O. 2009
§ 37.35; CC 1981 § 19-17; Ord.
No. 78-97, 12-20-1978; Ord. No. 79-50, 5-30-1979]
A.
If,
in the progress of any trial before a 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 Judge within 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
577.001, RSMo., or has had two or more previous alcohol-related enforcement
contacts as defined in Section 302.525, RSMo.
[R.O. 2011 § 135.160; R.O. 2009
§ 37.36; CC 1981 §§ 19-18 — 19-19; Ord. No. 78-97, 12-20-1978; Ord. No. 79-50, 5-30-1979]
A.
Jailing Of Defendants. 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 cost.
B.
Parole And Probation. Any Judge hearing
violations of this Code and any other ordinance of the City 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.
C.
Conditions Of Probation.
1.
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.
2.
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:
3.
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.
4.
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. 2011 § 135.170; R.O. 2009
§ 37.37; CC 1981 §§ 19-20 — 19-21; Ord. No. 78-97, 12-20-1978; Ord. No. 79-50, 5-30-1979]
A.
Right Of Appeal. 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 Supreme Court
rules.
B.
Appeal From Jury Verdicts. 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.
[R.O. 2011 § 135.180; R.O. 2009
§ 37.38; CC 1981 § 19-22; Ord.
No. 78-97, 12-20-1978; Ord. No. 79-50, 5-30-1979]
In the case of a breach of any recognizance
entered into before a Municipal Judge or an Associate Circuit Judge
hearing a Code or 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.
[R.O. 2011 § 135.190; R.O. 2009
§ 37.39; CC 1981 § 19-23; Ord.
No. 78-97, 12-20-1978; Ord. No. 79-50, 5-30-1979]
A Municipal Judge shall be disqualified
to hear any case in which he/she is in any way 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.
