[CC 1997 §19.1; Ord. No. 1294-78, 10-18-1978]
There is hereby established in this City, a Municipal Court,
to be known as the "Hazelwood Municipal Court, a Division of the 21st
Judicial Circuit Court of the State of Missouri." This Court is a
continuation of the Municipal Court of the City as previously established,
and is termed herein "the Municipal Court."
[CC 1997 §19.2; Ord. No. 1294-78, 10-18-1978]
The jurisdiction of the Municipal Court shall extend to all
cases involving alleged violations of the ordinances of the City,
and be governed by rules and procedures of the Supreme Court Rules
or other laws applicable thereto.
[CC 1997 §19.3; Ord. No. 1294-78, 10-18-1978]
A.
The
Judge of the City's Municipal Court shall be known as a Municipal
Judge of the 21st Judicial Circuit Court and shall be selected as
follows:
1.
He shall be appointed to his position by a majority vote of the entire
City Council for a term of three (3) years. If a vacancy exists in
such office, his successor shall be appointed to fill the unexpired
term.
[CC 1997 §19.4; Ord. No. 1294-78, 10-18-1978]
A.
The
Municipal Judge shall vacate his office under the following circumstances:
[CC 1997 §19.5; Ord. No. 1294-78, 10-18-1978]
A.
The
Municipal Judge shall possess the following qualifications before
he shall take office:
1.
He shall be a licensed attorney, qualified to practice law within
the State of Missouri and be in active legal practice for at least
five (5) years prior to his appointment.
2.
He need not reside within the City.
3.
He must be a resident of the State of Missouri.
4.
He must be between the ages of twenty-one (21) and seventy-five (75)
years.
5.
He may serve as Municipal Judge for any other municipality.
6.
He 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, within the requirements of the Code of Judicial
Conduct, Missouri Supreme Court Rule 2, other employment.
[CC 1997 §19.6; Ord. No. 1294-78, 10-18-1978]
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 personnel of said Court shall obey his directives.
[CC 1997 §19.7; Ord. No. 1294-78, 10-18-1978]
The Municipal Judge shall cause to be prepared within the first
(1st) ten (10) days of every month, a report indicating the following:
A 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 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 Council
of the City for examination at its first (1st) session thereafter.
The Municipal Court shall, within the ten (10) days after the first
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.
[CC 1997 §19.8; Ord. No. 1294-78, 10-18-1978]
The Municipal Judge shall be a conservator of the peace. He
shall keep a docket in which he shall enter every case commenced before
him and the proceedings therein and he shall keep such other records
as may be required. Such docket and records shall be records of the
Circuit Court of St. Louis County. The Municipal Judge shall deliver
the docket and records of the Municipal Court, and all books and papers
pertaining to his office, to his successor in office or to the Presiding
Judge of the Circuit.
[CC 1997 §19.9; Ord. No. 1294-78, 10-18-1978]
A.
The
Municipal Judge shall be and is hereby authorized to:
1.
Establish a Traffic 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, and may fine and imprison for contempt committed
before him 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,
suspend 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.
[CC 1997 §19.10; Ord. No. 1294-78, 10-18-1978; Ord. No.
3168-00 §2, 4-19-2000]
A.
Should
the Municipal Judge determine that there shall be a Violations Bureau
for animal control, housing, and traffic violations, the City shall
provide all expenses incident to the operation of the same.
B.
The
Court Clerk is hereby designated as the Clerk for such Bureau, if
established. The Clerk shall perform the duties designated by the
Court, including accepting appearance, waiver of trial, plea of guilty,
and payment of fine and costs for the designated violations, entering
the plea on the record, and transmitting the violation record as required
by law, subject to the limitations hereinafter prescribed.
C.
The
violations within the authority of the Bureau shall be designated
by order of the Municipal Judge. Such designated violations may be
amended from time to time but shall, in no event, include the following:
D.
The
Municipal Judge, by order prominently posted at the place where fines
are to be paid, shall specify by schedule the amount of fines and
costs to be imposed for each violation which the Municipal Judge designates
as within the authority of the Bureau.
E.
Within
the time affixed by the Municipal Judge and subject to the Municipal
Judge's order, any person charged with an animal control, housing,
or traffic violation which the Municipal Judge designates as being
within the authority of the Bureau and for which the Municipal Judge
specified a fine, except violations requiring court appearance, may
deliver by mail, automatic teller machine, or as otherwise directed,
the specified amount of the fine and costs to the Bureau. Said delivery
constitutes a guilty plea and waiver of trial.
F.
The
Bureau shall keep records and submit summarized monthly reports to
the Court of all notices issued and arrests made for violation of
the specified laws and ordinances of the City and all of the fines
collected by the Bureau or the Court, and of the final disposition
or present status of every case of violation of the provisions of
said laws and ordinances.
[CC 1997 §19.11; Ord. No. 1294-78, 10-18-1978]
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 warrant 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.
[CC 1997 §19.12; Ord. No. 1294-78, 10-18-1978]
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 presence, but such officer shall, before the trial, file a
written complaint with the Judge hearing violations of Municipal ordinances.
[CC 1997 §19.13; Ord. No. 1294-78, 10-18-1978; Ord. No.
4131-11 §1, 2-2-2011]
Any person charged with a violation of a municipal ordinance
of this City for which the range of punishment includes incarceration
or for which points may be assessed by the Missouri Department of
Revenue upon conviction 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.
[CC 1997 §19.14; Ord. No. 1294-78, 10-18-1978]
It shall be the duty of a Prosecuting 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
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.
[CC 1997 §19.15; Ord. No. 1294-78, 10-18-1978]
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 the 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 on the
day set for trial to testify in the case, and enter the names of such
witnesses on his docket, which oral notice shall be valid as a summons.
[CC 1997 §19.16; Ord. No. 1294-78, 10-18-1978]
If, in the process of any trial before the Municipal Judge,
it shall appear to the Judge that the accused ought to be put on trial
for an offense against the criminal laws of the State and not cognizable
before him as Municipal Judge, he shall immediately stop all further
proceedings before him as Municipal Judge and cause the complaint
to be made before some Associate Circuit Judge within the County.
[CC 1997 §19.17; Ord. No. 1294-78, 10-18-1978; Ord. No.
1741-84, 8-1-1984]
A.
The
Municipal Judge may commit a defendant to the City Jail, or if the
City Jail is not available, he may commit the defendant to a County
Jail which shall keep such prisoner under due process of law.
B.
In
the event the Municipal Judge sentences a defendant to serve a Jail
term, the Police Department shall prepare an expense statement for
each defendant sentenced to the City Jail by the Municipal Judge and
such defendant shall be liable for such expenses as Court costs. The
defendant shall pay such costs prior to his discharge.
C.
The
Municipal Judge is further authorized and empowered to place any person
who has been convicted and sentenced by the Court for violation of
a City ordinance, to work or perform labor in the public streets,
highways and alleys, or other public works or buildings of the City
for such purposes as the City may deem necessary.
D.
If
the punishment set by the Municipal Judge shall be a fine and the
fine is not paid, then for every ten dollars ($10.00) of such judgment,
the defendant shall work one (1) day.
A.
Any
Judge hearing violations of municipal ordinances may, when in his
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 shall be
given a certificate explicitly stating the conditions on which he
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 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 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.
[CC 1997 §19.19; Ord. No. 1294-78, 10-18-1978]
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 Supreme Court Rules.
[CC 1997 §19.20; Ord. No. 1294-78, 10-18-1978]
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 Appellate Court.
[CC 1997 §19.21; Ord. No. 1294-78, 10-18-1978]
In the case of a breach of any recognizance entered into before
the 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 City 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
the 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 General Revenue Fund of the municipality.
[CC 1997 §19.22; Ord. No. 1294-78, 10-18-1978]
The Municipal Judge shall be disqualified to hear any case in
which he is in anywise interested, or, if before the trial is commenced,
the defendant or the Prosecuting Attorney files an affidavit that
the defendant or the City, 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 City shall be entitled to file
more than one (1) affidavit or disqualification in the same case.
[CC 1997 §19.23; Ord. No. 1294-78, 10-18-1978; Ord. No.
3448-03 §1, 6-18-2003]
The City Council may by motion or resolution appoint one (1)
or more Provisional Municipal Judges to serve in the event of the
disqualification or unavailability of the Municipal Judge. A Provisional
Municipal Judge shall have all the powers and duties of the Municipal
Judge and shall possess the same qualifications as the Municipal Judge.
A Provisional Municipal Judge shall serve an indefinite term at the
pleasure of the City Council and shall receive such compensation as
may be determined by the Council from time to time.
[CC 1997 §19.24; Ord. No. 1294-78, 10-18-1978]
A.
The
duties of the Municipal Court 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.
4.
Sign and issue subpoenas requiring the attendance of witnesses and
sign and issue subpoenas duces tecum.
5.
Accept the appearance, waiver of trial and plea of guilty and payment
of fine and costs in Traffic Violations Bureau cases or as directed
by the Municipal Judge; generally act as Violation Clerk of the Traffic
Violations Bureau.
6.
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.
Maintain, properly certified by the City Clerk, a complete copy of
the ordinances of the City which shall constitute prima facia evidence
of such ordinance before the Court. Further, to maintain a similar
certified copy on file with the Clerk serving the Circuit Court of
this County.
[CC 1997 §19.25; Ord. No. 1294-78, 10-18-1978; Ord. No.
2815-96, 12-18-1996; Ord. No. 3128-99 §1, 12-15-1999; Ord. No. 3187-00 §1, 7-19-2000; Ord. No. 3294-01 §§1-2, 9-19-2001; Ord. No. 3377-02 §§1—2, 9-18-2002; Ord. No. 4132-11 §1, 2-16-2011]
A.
COURT COSTS
FEES
MISCELLANEOUS CHARGES
SURCHARGES
The
following words and phrases, as used in this Chapter, shall have the
following respective meanings:
The total of fees, miscellaneous charges and surcharges imposed
in a particular case.
The amount charged for services to be performed by the Municipal
Court.
The amount allowed by law for services provided by individuals
or entities other than the Municipal Court.
Additional charges allowed by law which are allowed for specific
purposes designated by law.
B.
In
addition to any fine that may be imposed by the Municipal Judge, there
shall be assessed as Court costs the following:
1.
Fees of Court in the amount of twelve dollars ($12.00) in all cases.
2.
There shall be assessed to each defendant who pleads guilty, or is
found guilty, in each proceeding filed in the Hazelwood Municipal
Court for the violation of the ordinances of the City, an additional
surcharge in the amount of three dollars ($3.00), provided that no
such fee shall be collected in any proceeding when the proceeding
or defendant has been dismissed by the Court. All sums collected pursuant
to this Subsection shall be distributed as follows:
a.
Two dollars ($2.00) of the three dollars ($3.00) shall be transmitted
monthly to the Treasurer of the City to be used to pay for Police
Officer training as provided by Sections 590.100 to 590.180, RSMo.
The City shall not retain for training purposes more than one thousand
five hundred dollars ($1,500.00) of such funds for each certified
Law Enforcement Officer or candidate for certification employed by
the City. Any excess funds shall be transmitted quarterly to the City's
General Fund.
b.
One dollar ($1.00) of the three dollars ($3.00) shall be sent to
the State Treasury to the credit of the Peace Officer Standards and
Training Commission Fund created by Section 590.178, RSMo.
3.
In addition to any other fines or Court costs provided in this Code
pertaining to criminal cases filed in the Hazelwood Municipal Court,
an additional surcharge in the sum of two dollars ($2.00) shall be
assessed in each case filed in the Hazelwood Municipal Court for the
violation of ordinances in the City. No surcharge shall be collected
in any proceeding when the proceeding or defendant has been dismissed
by the Court or when costs are to be paid by the City. Such cost shall
be collected by the Clerk of the Court and disbursed by the Council,
for the purpose of providing operating expenses for shelters for battered
persons, as defined in Sections 455.200 to 455.230, RSMo.
4.
There shall be assessed to each defendant who pleads guilty, or is
found guilty, in each case filed in the City of Hazelwood Municipal
Court, for violation of any ordinance of this City, an additional
surcharge for the Crime Victims' Compensation Fund in the amount of
seven dollars fifty cents ($7.50), provided that no such fee shall
be collected in any proceeding when the proceeding or the defendant
has been dismissed by this Court. Such surcharge shall be collected
by the Clerk of the Court. All sums collected pursuant to this Subsection
shall be distributed as follows:
5.
In addition to any other fines or Court costs provided in this Code
pertaining to criminal cases filed in the Hazelwood Municipal Court,
an additional surcharge in the sum of two dollars ($2.00) shall be
assessed in each case filed in the Hazelwood Municipal Court for the
violation of ordinances in the City. No surcharge shall be collected
in any proceeding when the proceeding or defendant has been dismissed
by the Court or when costs are to be paid by the City. Such cost shall
be collected by the Clerk of the Court and deposited into the "Inmate
Security Fund" and utilized to develop, install and maintain a biometric
verification system to ensure that inmates can be properly identified
and tracked within the City's detention system, and to pay for any
expenses related to custody and housing and other expenses for prisoners,
all in accord with Section 488.5026, RSMo.
6.
Other miscellaneous charges, such as for the issuance of a warrant,
a commitment, or a summons, as provided before the Associate Circuit
Judge in criminal prosecutions.
7.
Actual charges assessed against the City by the County Sheriff for
apprehension or confinement in the County Jail.
8.
Charges for mileage, in the same amount as provided to the Sheriff
in criminal violations, for each mile and fraction thereof the officer
must travel (both directions) in order to serve any warrant or commitment
or order of this Court.
9.
Issuance of a warrant: $5.00.
10.
Issuance of a commitment: $5.00.
11.
Letter of notice of failure to appear in Court: $3.00.
12.
Issuance of a summons: $1.00.
13.
Each continuance requested by defendant and granted: $1.00.
14.
Appeal costs from Municipal Court to the Circuit Court of St. Louis
County, as required by the St. Louis County Circuit Clerk.
15.
Expert witness fees required by the City shall be taxed as costs
by the Court. Expert witnesses are witnesses who testify relative
to matters outside the scope of general knowledge and possess special
skills and knowledge.
16.
Reimbursement of certain costs in alcohol-related traffic
offenses. Upon a plea of guilty or a finding of guilty of violating the provisions of Sections 342.020 or 342.030, the Municipal Court may, in addition to imposition of any penalties provided by law, order the convicted person to reimburse the City of Hazelwood Police Department or any other City enforcement agency which made the arrest, for the costs associated with such arrest. Such costs shall include the reasonable cost of making the arrest including the cost of any chemical test made under this Chapter 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. The Judge of the Hazelwood Municipal Court may order that the costs assessed be reduced if it is determined that the costs are excessive.
17.
There shall be assessed to each defendant who pleads guilty, or is
found guilty, in each proceeding filed in the Hazelwood Municipal
Court for the violation of the ordinances of the City, an additional
surcharge in the amount of seven dollars ($7.00) for the statewide Court
Automation Fund, provided that no such fee shall be collected in any
case that has been dismissed by the Court or where costs have been
waived by the Court. All sums collected pursuant to this Subsection
shall be paid to the State Director of Revenue to the credit of the
statewide Court Automation Fund in accordance with Sections 476.056,
488.012 and 488.027, RSMo.
[Ord. No. 4632-18, 8-1-2018]
[CC 1997 §19.26; Ord. No. 1294-78, 10-18-1978]
The costs of any action may be assessed against the prosecuting
witness and judgment be rendered against him that he 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.
[CC 1997 §19.27; Ord. No. 1294-78, 10-18-1978]
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 may deem appropriate.
[CC 1997 §19.29; Ord. No. 1294-78, 10-18-1978; Ord. No.
1685-83, 11-2-1983; Ord. No. 3310-01 §1, 11-28-2001]
A.
In
addition to the forfeiture of any security which may have been given
or pledged for the release of any person charged with an offense in
Municipal Court, it shall be unlawful for any person:
1.
Who has been charged with an offense in the Municipal Court to willfully
fail to appear before such Court as required, or
2.
Who has been convicted of, pleaded guilty to or been found guilty of any offense in the Municipal Court and who has been sentenced to pay any fine or otherwise required by law to pay any monetary penalty or costs of court or reimbursement of expenses associated with the investigation or prosecution of such offense, to fail to pay such fine, penalty, costs or reimbursement as required by the Court. Any person violating any provision of this Section shall, upon conviction thereof, be subject to punishment as provided in Section 100.130 of this Code.
B.
The
Court may direct the issuance of a warrant for the arrest of any resident
of this State, or any non-resident upon whom process may be served
in this State, who fails to appear and answer a traffic ticket or
summons lawfully served upon him and against whom an Information has
been filed by the proper Prosecuting Attorney or City Attorney. Such
warrant may be directed to any Peace Officer of the State and may
be executed in any County in this State. If the warrant is not executed
within thirty (30) days after issue, the Court shall then place the
case in an inactive file or docket, subject to being reopened if thereafter
the defendant appears or such warrant is executed.
C.
If a defendant is not a resident of this State or is not a resident of the County in which the alleged offense was committed or of any adjoining County in this State and fails to appear or answer a traffic ticket or summons lawfully served upon him and upon which a Complaint or Information has been filed, within thirty (30) days after the return date of the ticket or summons the Court shall mail a notice to the defendant at the address stated in the Complaint or Information. If the defendant fails to appear or otherwise answer within thirty (30) days after the mailing of the notice, or in parking cases if no notice is mailed within sixty (60) days after the return date of the ticket or summons, the Court shall place such case in an inactive file or docket, subject to being reopened if thereafter the defendant appears or the warrant provided for in Subsection (B) hereof is issued and executed.
D.
"John
Doe" warrants may be issued when the true name of the offender is
unknown, and the motor vehicle bearing the license number of the motor
vehicle involved in the violation may be impounded as and when authorized
by law, and the owner thereof shall be subject to such prima facie
presumption of responsibility for such offense as provided by law.
[Ord. No. 3206-00 §1, 10-18-2000; Ord. No. 3655-05 §1, 6-15-2005]
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 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 deems necessary to assist
him 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 would
be justified in using if the warrant were valid.
