[CC 1997 §6-010]
There is hereby established in this City a Municipal Court,
to be known as the Branson West Municipal Court, a Division of the
39th Judicial Circuit Court of the State of Missouri. This court is
to be termed herein "The Municipal Court".
[CC 1997 §6-020]
The jurisdiction of the Municipal Court shall extend to all
cases involving alleged violations of the ordinances of the City.
[CC 1997 §6-030]
The Judge of the City's Municipal Court shall be known as a
Municipal Judge of the 39th Judicial Circuit Court, and shall be appointed
by the Mayor, with the consent and approval of the majority of the
members of the Board of Aldermen, for a term as specified under the
provisions of this Chapter.
[CC 1997 §6-040; Ord. No. 1171 §§1 — 2, 4-11-1997]
The Municipal Judge shall hold his/her office for a period of
two (2) years and shall take office bi-annually from the first (1st)
regular meeting of the Board of Aldermen after election in that year.
If for any reason a Municipal Judge vacates his/her office, his/her
successor shall complete that term of office, even if the same be
less than two (2) years.
[CC 1997 §6-050]
A.
The Municipal
Judge shall vacate his/her 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, or
2.
Upon
attaining his/her seventy-fifth (75th) birthday, or
3.
If he/she
should lose his/her license to practice law within the State of Missouri.
[CC 1997 §6-060]
A.
The Municipal
Judge shall possess the following qualification before he/she shall
take office:
1.
He/she
shall be a licensed attorney, qualified to practice law within the
State of Missouri.
2.
He/she
need not reside within the City.
3.
He/she
must be a resident of the State of Missouri.
4.
He/she
must be between the ages of twenty-one (21) and seventy-five (75)
years.
5.
He/she
may serve as Municipal Judge for another municipality.
6.
He/she
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 §6-070]
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 Court personnel of said Court shall obey his/her
directives.
[CC 1997 §6-080]
The Municipal Judge shall cause to be prepared within the first
ten (10) days of every month a report indicating 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 in 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 Board of Aldermen of
the City for examination at its first (1st) session thereafter. The
Municipal Court shall, within the ten (10) days after the first (1st)
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 §6-090]
The Municipal Judge shall be a conservator of the peace. He/she
shall keep a docket in which he/she shall enter every case commenced
before him/her and the proceedings therein and he/she shall keep such
other records as may be required. Such docket and records shall be
records of the Circuit Court of Stone County. The Municipal Judge
shall deliver the docket and records of the Municipal Court, and all
books and papers pertaining to his/her office, to his/her successor
in office or to the Presiding Judge of the Circuit.
[CC 1997 §6-100]
A.
The Municipal
Judge shall be and is hereby authorized to:
1.
Establish
a 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/her, and may fine and imprison for contempt committed
before him/her 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 §6-110]
Should the Municipal Judge determine that there shall be a Violations
Bureau, the City shall provide all expenses incident to the operation
of the same. The City Collector is hereby designated as the Violations
Clerk for said Bureau, if established.
[CC 1997 §6-120]
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 §6-130]
The Chief of Police or other Police Officer of the City may,
without a warrant, make arrest of any person who commits an offense
in his/her presence, but such officer shall, before the trial, file
a written compliant with the Judge hearing violations of municipal
ordinances.
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 Court Judge. Whenever
a defendant accused of a violation of a municipal ordinance has a
right to and demands such trial by jury, the Municipal Court shall
certify the case to the Presiding Judge of the Circuit Court for reassignment.
[CC 1997 §6-150]
It shall be the duty of an 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/her 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 §6-160]
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.
A.
If, in
the progress of any trial before the 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 Court Judge of 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 577.023,
RSMo., or has had two (2) or more previous alcohol-related enforcement
contacts as defined in Section 302.525, RSMo.
[CC 1997 §6-180]
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 costs.
A.
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.
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/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.
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 §6-200]
Any person convicted before the Municipal Judge and sentenced
for a violation of any of the provisions of this Code or of any of
the ordinances of the City, whether the punishment assessed be by
fine or imprisonment, or both, may be put to work and required to
perform labor upon any of the streets, public works or buildings of
the City until the judgment of the Court has been complied with.
[CC 1997 §6-210]
The defendant shall have a right to a trial de novo, even from
a plea of guilty, before a Circuit Judge or an Associate Circuit Judge.
Such application for a trial de novo shall be filed within ten (10)
days after the judgment and shall be in the form as provided by Supreme
Court Rules.
[CC 1997 §6-220]
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.
[CC 1997 §6-230]
In the case of a breach of any recognizance entered into before
a 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 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 action shall be paid over to the Municipal Treasury to the General
Revenue Fund of the municipality.
[CC 1997 §6-240]
A Municipal Judge shall be disqualified to hear any case in
which he/she is in anywise 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.
A.
If the
Municipal Judge or Provisional Judge be absent, sick or disqualified
from acting pursuant to the general administrative authority of the
Presiding Judge of the Circuit Court over the Municipal Divisions
within the circuit contained in Section 478.240, RSMo., a special
Municipal Judge may be designated in accordance with the provisions
of Section 479.230, RSMo., until such absence or disqualification
shall cease.
B.
Should
a vacancy occur in the office of Municipal Judge, then the Mayor,
with consent and approval of the majority of the members of the Board
of Aldermen, may appoint some competent, eligible person to serve
as Municipal Judge to complete the current term of office.
C.
The Board
of Aldermen shall provide by ordinance for the compensation of any
person designated to act as Municipal Judge under the provisions of
this Section.
[CC 1997 §6-260]
A.
There
shall be a Clerk of the Municipal Court. The duties of said Clerk
shall be as follows:
1.
To collect
such fines for violations of such offenses as may be described, and
the court costs hereof.
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/her.
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 Violations Bureau cases or as directed by the Municipal
Judge; generally act as Violation Clerk of the 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 of the municipality which shall constitute prima facie
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 §6-270; Ord. No. 1146 §2(a,b), 11-12-1996]
A.
In addition
to any fine that may be imposed by the Municipal Judge, there shall
be assessed as costs in all cases the following:
1.
Costs
of court in the amount of twelve dollars ($12.00).
2.
In all
cases except those for non-moving traffic violations or where the
case has been dismissed by the Court, costs for the training of Police
Officers in the amount of two dollars ($2.00) which shall be transmitted
monthly to the General Revenue Fund.
3.
In all
cases except those for non-moving traffic violations or where the
case has been dismissed by the Court, costs in the amount of one dollar
($1.00) to be collected and transmitted monthly to the Treasurer of
the State of Missouri, Peace Officers Standards and Training Commission
Fund, to be used statewide for the training of Law Enforcement Officers.
4.
Crime Victims' Compensation Fund. An additional sum of seven
dollars fifty cents ($7.50) shall be assessed and added to the basic
costs in Subparagraph (1) of this Section, provided that no such cost
shall be collected in any proceeding when the proceeding or the defendant
has been dismissed by the Court. All sums collected pursuant to this
Subparagraph shall be paid at least monthly as follows:
5.
Other
cost, such as for the issuance of a warrant, a commitment, or a summons,
as provided before the Associate Circuit Judge in criminal prosecutions.
6.
Actual
costs assessed against the City by the County Sheriff for apprehension
or confinement in the County Jail.
7.
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.
[CC 1997 §6-280]
The costs of any action may be assessed against the prosecuting
witness and judgment be rendered against him/her that he/she 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 §6-290]
When a fine is assessed for violating an ordinance, it should
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/she may deem appropriate.
[CC 1997 §6-300; Ord. No. 1020 §§6-300 — 6-301, 5-11-1993]
A.
Upon
a plea of guilty, finding of guilt or conviction for violation of
the provisions of Sections 342.020 or 342.030, the Court may, in addition
to imposition of any penalties provided by law and whether or not
sentence is imposed, order the person to reimburse law enforcement
authorities for the costs associated with such arrest.
B.
Such
costs shall include the reasonable cost of making the arrest, including
the cost of any chemical tests to determine the alcohol or drug content
of the person's blood, and the cost of processing, charging, booking
and holding such person in custody.
C.
Law enforcement
authorities may establish a schedule of such costs for submission
to the Court; however, the Court may order the costs reduced if it
determines that the schedule of costs is excessive given the circumstances
of the case or for good cause shown.
D.
These
fees shall be calculated as additional costs by the Municipal Court
and shall be collected by the Court in the same manner as other costs
and fees are collected and remitted to the City Treasurer.
E.
The City
Treasurer shall retain these fees in a separate fund known as the
"DWI/Drug Enforcement Fund". Monies within the DWI/Drug Enforcement
Fund shall be appropriated by the Board of Aldermen to law enforcement
authorities from such fund in amounts equal to those costs so incurred
and shall be specifically used to enhance and support the enforcement
and prosecution of alcohol- and drug-related traffic laws within the
City.
A.
A person
commits the offense of failure to appear in Municipal Court if:
1.
He/she
has been issued a summons for a violation of any ordinance of the
City of Branson West and fails to appear before the Judge of the Municipal
Court at the time and on the date on which he/she was summoned, or
at the time or on the date to which the case was continued;
2.
He/she
has been released upon recognition of bond and fails to appear before
the Judge of the Municipal Court at the time and on the date on which
he/she was summoned, or at the time or on the date to which the case
was continued;
3.
He/she
has been placed on Court supervised probation and fails to appear
before the Judge of the Municipal Court at the time specified by said
Judge as a condition of the probation.
B.
Nothing
in this Section shall prevent the exercise of the Municipal Court
of its power to punish for contempt.
[Ord. No. 1256 §1(12-13), 6-10-2003]
A.
An "administrative search warrant" is a written order of the
Municipal Judge commanding the entry, search or inspection of any
property, place or thing, and the seizure, photographing, copying
or recording of property or physical conditions found thereon or therein
to determine or prove the existence of violations of any ordinance
or Section of the Revised Code of Ordinances of the City of Branson
West relating to the use, condition or occupancy of property or structures
located within the City of Branson West, or to enforce the provision
of any such ordinance or Section.
B.
The Municipal
Judge having original and exclusive jurisdiction to determine violations
against the ordinances of the municipality shall have the authority
to issue an administrative search warrant when:
1.
The
property or place to be entered, searched or inspected or the thing
to be seized is located within the City of Branson West at the time
of the making of the application, and
2.
The
owner or occupant of the property or place to be entered, searched
or inspected or the thing to be seized has refused to allow the same
after official request by the Building Inspector.
C.
Any such
warrant shall be directed to the Chief of Police or any other Police
Officer of the City of Branson West and shall be executed by the Chief
of Police or said Police Officer within the City limits and not elsewhere.
[Ord. No. 1256 §1(12-14), 6-10-2003]
A.
Any Police
Officer, City Administrator, Code Enforcement Official, or an Attorney
of the City of Branson West may make application to the Municipal
Judge for the issuance of an administrative search warrant.
B.
The application
shall:
1.
Be in
writing;
2.
State
the time and date of the making of the application;
3.
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;
4.
State
that the owner or occupant of the property or places to be entered,
searched, inspected or seized has been requested by the City of Branson
West to allow such action and has refused to allow such action;
5.
State
facts sufficient to show probable cause for the issuance of a search
warrant, as provided in Subsection (C) hereof, to:
a.
Enter,
search or inspect for violations of an ordinance or Section relating
to the use, condition or occupancy of property or structures located
within the City of Branson West as such is specified in the application;
or
b.
Show
that entry or seizure is authorized and necessary to enforce an ordinance
or Section relating to the use, condition or occupancy of property
or structures located within the City of Branson West as such is specified
in the application and that any required due process has been afforded
prior to the entry or seizure.
6.
Be verified
by the oath or affirmation of the applicant; and
7.
Be signed
by the applicant and filed in the Municipal Court.
C.
The application
may be supplemented by a written affidavit or affidavits verified
by oath or affirmation. Such affidavit(s) 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 entered, searched or inspected. Oral testimony shall
not be considered.
[Ord. No. 1256 §1(12-15), 6-10-2003]
A.
Hearing And Procedure.
1.
The
Municipal Judge shall hold a non-adversary hearing to determine whether
probable cause exists to enter, inspect or search for violations of
any Branson West ordinance or Section relating to the use, condition
or occupancy of property or structures located within the City of
Branson West, or to enforce any such ordinance or Section.
2.
In doing
so the Municipal Judge shall determine whether the action to be taken
by the City of Branson West is reasonable in light of the facts stated.
The Municipal Judge shall consider the goals of the ordinance or Code
Section relating to the use, condition or occupancy of property or
structures located within the City of Branson West 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 ordinance or Code
Section relating to the use, condition or occupancy of property or
structures located within the City of Branson West and the passage
of time since the property's last inspection. Convincing evidence
shall be presented to the Municipal Judge that there is probable cause
to believe that there is a threat to the life of a human or animal
and/or that there is a threat to the public health of the residents
of the City of Branson West. The standard for issuing a warrant need
not be limited to actual knowledge of an existing violation of a municipal
ordinance or Code Section.
3.
If it
appears from the application and any supporting affidavit that there
is probable cause to enter, inspect or search for violations of any
ordinance or Code Section relating to the use, condition or occupancy
of property or structures located within the City of Branson West,
or that entry or seizure is authorized by any ordinance or Code Section,
or to enforce any such ordinance or Code Section, a search warrant
shall immediately be issued.
4.
The
warrant shall issue in the form of an original and two (2) copies,
and the application, any supporting affidavit and one (1) copy of
the warrant as issued shall be retained in the records of the Municipal
Court.
B.
Contents Of Search Warrant. The search warrant shall:
1.
Be in
writing and in the name of the City of Branson West;
2.
Be directed
to any Police Officer in the City of Branson West;
3.
State
the time and date the warrant is issued;
4.
Identity
the property or place to be searched, inspected, entered upon, or
seized in sufficient detail and particularity that the officer executing
the warrant can readily ascertain it;
5.
Command
that the described property or places be searched or entered upon,
and that any evidence of any ordinance or Code violations relating
to the use, condition or occupancy of property or structures located
within the City of Branson West found therein or thereon, or any property
seized pursuant thereto, or a description of such property seized
be returned within ten (10) days after filing of the application to
the Municipal Judge who issued the warrant, to be dealt with according
to law;
6.
Be signed
by the Judge, with his/her title of office indicated.
C.
Execution And Return.
1.
A search
warrant issued under this Article shall be executed only by a Branson
West 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.
The
warrant shall be executed by conducting the search, inspection, entry
or seizure as commanded and shall be executed as soon as practicable
and in a reasonable manner.
b.
The
officer shall give the owner or occupant of the property searched,
inspected or entered upon a copy of the warrant.
c.
Seized property.
(1)
If any property is seized incident to the search, 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 in a conspicuous place.
(2)
The disposition of property seized pursuant to a search warrant under
this Section shall be in accordance with any applicable ordinance
or Code Section, but in the absence of same, then with Section 542.301,
RSMo.
d.
The
officer may summon as many persons as he/she deems necessary to assist
him/her in executing the warrant, and such persons shall not be held
liable as a result of any illegality of the search and seizure.
e.
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/she
would be justified in using if the warrant were valid.
f.
A
search warrant shall expire if it is not executed and the required
return made within ten (10) days after the date of the making of the
application.
2.
Delivery of 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 of the property or places entered,
searched or seized, when he/she is not the same person, if known.
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
entered, searched or seized.
[Ord. No. 1256 §1(12-16), 6-10-2003]
A.
A search
warrant shall be deemed invalid if:
1.
It was
not issued by the Municipal Judge;
2.
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
this Article;
3.
It was
issued with respect to property or places outside the City of Branson
West;
4.
It is
not executed and returned within ten (10) days after the date of making
the application.