City of Hazelwood, MO
St. Louis County
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Table of Contents
Table of Contents

Section 140.010 Court Established.

[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."

Section 140.020 Jurisdiction.

[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.

Section 140.030 Selection of Judge.

[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.

Section 140.040 Vacation of Office.

[CC 1997 §19.4; Ord. No. 1294-78, 10-18-1978]
A. 
The Municipal Judge shall vacate his office under the following circumstances:
1. 
Upon removal from office by the State Commission on the Retirement, Removal and Discipline of Judges, as provided in Missouri Supreme Court Rule 12,
2. 
Upon attaining his seventy-fifth (75th) birthday, or
3. 
If he should lose his license to practice law within the State of Missouri.

Section 140.050 Qualifications For Office.

[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.

Section 140.060 Superintending Authority.

[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.

Section 140.070 Report To Council.

[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.

Section 140.080 Docket and Court Records.

[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.

Section 140.090 Municipal Judge — Powers and Duties Generally.

[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.

Section 140.100 Violations Bureau.

[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:
1. 
Any violation resulting in personal injury or property damage.
2. 
Operating a motor vehicle while intoxicated or under the influence of intoxicants or drugs.
3. 
Operating a motor vehicle with a counterfeit, altered, suspended, or revoked license.
4. 
Fleeing or attempting to elude an officer.
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.

Section 140.110 Issuance and Execution of Warrants.

[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.

Section 140.120 Arrests Without Warrants.

[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.

Section 140.130 Jury Trials.

[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.

Section 140.140 Duties of The City's Prosecuting Attorney.

[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.

Section 140.150 Summoning of Witnesses.

[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.

Section 140.160 Transfer of Complaint To Associate Circuit Judge.

[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.

Section 140.170 Jailing of Defendants.

[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.

Section 140.180 Parole or Probation, When Granted — Certificate — Conditions of Probation — Modification of Conditions.

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:
1. 
Restitution to the victim or any dependent of the victim, in an amount to be determined by the Judge; and
2. 
The performance of a designated amount of free work for a public or charitable purpose, or purposes, as determined by the Judge.
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.

Section 140.190 Right of Appeal.

[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.

Section 140.200 Appeal From Jury Verdicts.

[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.

Section 140.210 Breach of Recognizance.

[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.

Section 140.220 Disqualification of Municipal Judge From Hearing A Particular Case.

[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.

Section 140.230 Provisional Municipal Judges.

[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.

Section 140.240 Clerk of Municipal Court.

[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.

Section 140.250 Court Costs.

[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. 
The following words and phrases, as used in this Chapter, shall have the following respective meanings:
COURT COSTS
The total of fees, miscellaneous charges and surcharges imposed in a particular case.
FEES
The amount charged for services to be performed by the Municipal Court.
MISCELLANEOUS CHARGES
The amount allowed by law for services provided by individuals or entities other than the Municipal Court.
SURCHARGES
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:
a. 
Ninety-five percent (95%) of such sums shall be forwarded to the State of Missouri for deposit to the Crime Victims' Compensation Fund as provided in Section 595.045, RSMo.
b. 
Five percent (5%) of such sums shall be paid to the City Treasury.
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.

Section 140.260 Assessment of Costs Against Prosecuting Witness.

[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.

Section 140.270 Installment Payment of Fine.

[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.

Section 140.280 Failure To Appear.

[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.

Section 140.290 Administrative Search Warrants.

[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:
a. 
To inspect private property to determine or prove the existence of physical conditions in violation of a specified regulation,
b. 
To seize property or photograph, copy or record evidence of property or physical conditions found thereon or therein, and
c. 
To abate such physical conditions.
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
b. 
The owner or occupant of the property or place to be entered:
(1) 
Has refused to allow same after official request by the City, or
(2) 
Is not available, after reasonable investigation and effort, to consent to such search or inspection.
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:
(1) 
Has been requested by the City to allow such action and has refused to allow such action, or
(2) 
Is not available, after reasonable investigation and effort, to consent to such search or inspection;
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.