State Law Reference — As to certain violations concerning an accused with special needs, §479.040, RSMo.
[R.O. 2011 §130.010; Ord. No. 78-27 §3(4.1), 11-21-1978]
There is hereby established in this City a Municipal Court, to be known as the "Riverside Municipal Court, a Division of the 6th 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".
Violations of municipal ordinances shall be heard and determined only before divisions of the Circuit Court as hereinafter provided in this Chapter. "Heard and determined", for purposes of this Chapter, shall mean any process under which the court in question retains the final authority to make factual determinations pertaining to allegations of a municipal ordinance violation.
[R.O. 2011 §130.030; Ord. No. 78-27 §3(4.3), 11-21-1978; Ord. No. 87-32 §1, 8-18-1987]
The Municipal Judge shall be appointed to his/her position by the Mayor of the City with the consent of a majority of the Board of Aldermen for a term as specified herein.
[R.O. 2011 §130.040; Ord. No. 78-27 §3(4.4), 11-21-1978; Ord. No. 87-32 §2, 8-18-1987]
The Municipal Judge shall hold his/her office for a period of two (2) years from the date of his/her appointment or until a successor is appointed and duly qualified. If for any reason a Municipal Judge vacates his/her office, his/her successor shall complete the term of office even if the same be for less than two (2) years.
[R.O. 2011 §130.050; Ord. No. 78-27 §3(4.5), 11-21-1978]
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. 
In the event the Municipal Judge is not a lawyer then his/her office shall be deemed vacated should he/she fail, within six (6) months of his/her selection, to satisfactorily complete a course of instruction for Municipal Judges as prescribed by the State Supreme Court. In the event the Municipal Judge is a lawyer, then should said lawyer lose his/her license to practice law within the State of Missouri or be suspended from the practice of law within the State of Missouri.
[R.O. 2011 §130.060]
A. 
The Municipal Judge shall possess the following qualifications before he/she shall take office:
1. 
He/she must 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 a Municipal Judge for any other 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 other employment.
[R.O. 2011 §130.070; Ord. No. 78-27 §3(4.7), 11-21-1978]
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 Court personnel of said Court shall obey his/her directives.
[R.O. 2011 §130.080; Ord. No. 78-27 §3(4.8), 11-21-1978]
The Municipal Judge shall cause to be prepared within the first ten (10) days of every month a report indicating the following:
A list of all cases heard or 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 costs, 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 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 month, if they have not previously been paid.
[R.O. 2011 §130.090; Ord. No. 78-27 §3(4.9), 11-21-1978]
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 Platte 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.
[R.O. 2011 §130.100; Ord. No. 78-27 §3(4.10), 11-21-1978]
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, or 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 Chapter or other ordinances of this City.
[R.O. 2011 §130.110; Ord. No. 78-27 §3(4.11), 11-21-1978]
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 Municipal Clerk is hereby designated as the Violations Clerk for said bureau, if established.
[R.O. 2011 §130.120; Ord. No. 78-27 §3(4.12), 11-21-1978; Ord. No. 1520 § 1, 3-7-2017]
All warrants issued by a Municipal Judge shall be directed to the Chief of Police or any other Police Officer of the municipality or to the Sheriff of the County. The warrant shall be executed by the Chief of Police, Police Officer, or Sheriff any place within the limits of the County and not elsewhere unless the warrants are endorsed in the manner provided for warrants in criminal cases, and, when so endorsed, shall be served in other Counties, as provided for in warrants in criminal cases.
[R.O. 2011 §130.130; Ord. No. 78-27 §3(4.13), 11-21-1978; Ord. No. 1520 § 1, 3-7-2017]
The Chief of Police or other Police Officer of the City may, without a warrant, make arrest of any person who commits an offense in his/her presence, but such officer shall, before the trial file a written complaint with the Judge hearing violations of municipal ordinances.
[R.O. 2011 §130.140; Ord. No. 78-27 §3(4.14), 11-21-1978]
Any person charged with a violation of a municipal ordinance of this City shall be entitled to a trial by jury, as in prosecutions for misdemeanors before an Associate Circuit Judge. Whenever a defendant accused of a violation of a municipal ordinance demands trial by jury, the Municipal Court shall certify the case to the Presiding Judge of the Circuit Court for reassignment.
It shall be the duty of an attorney designated by the City 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 number of cases tried, the number of guilty verdicts reached, or the amount of fines imposed or collected.
[R.O. 2011 §130.160; Ord. No. 78-27 §3(4.16), 11-21-1978]
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 a Municipal Judge it shall not be necessary to summon any witnesses who may be present at the continuance; but the Municipal Judge shall orally notify such witnesses as either party may require to attend before him/her on the day set for trial to testify in the case, and enter the names of such witnesses on his/her docket, which oral notice shall be valid as a summons.
[R.O. 2011 §130.170; Ord. No. 78-27 §3(4.17), 11-21-1978]
A. 
If, in the progress of any trial before a Municipal Judge, it shall appear to the Judge that the accused ought to be put upon trial for an offense against the criminal laws of the State and not cognizable before him/her as Municipal Judge, he/she shall immediately stop all further proceedings before him/her as Municipal Judge and cause the complaint to be made before some Associate Circuit Judge within the County.
B. 
For purposes of this Section, any offense involving the operation of a motor vehicle in an intoxicated condition as defined in Section 577.001, RSMo., shall not be cognizable in Municipal Court, if the defendant has been convicted, found guilty, or pled guilty to two (2) or more previous intoxication-related traffic offenses as defined in Section 577.023, RSMo., or has had two (2) or more previous alcohol-related enforcement contacts as defined in Section 302.525, RSMo.
[R.O. 2011 §130.180; Ord. No. 78-27 §3(4.18), 11-21-1978; Ord. No. 88-61 §2, 10-18-1988; Ord. No. 2002-32 §1, 3-5-2002; Ord. No. 1481 §2, 9-6-2016]
A. 
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 or to any private correctional facility with which the City maintains a contractual arrangement for the jailing of City prisoners, and it shall be the duty of the Sheriff or the Jailer of any private facility 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 the Sheriff or to any private confinement facility for the keeping of such prisoner in his/her or its custody. The same shall be taxed as costs. No prisoner shall at any time or in any manner be released or transferred from custody unless and until the Chief of Police or an authorized member of the Police Department has conducted an inquiry of the Missouri Uniform Law Enforcement System (MULES) and an inquiry of the National Crime Information Center (NCIC) to determine whether there are any pending outstanding warrants for misdemeanors and/or felonies on such prisoner who is to be released, whether the prisoner has been convicted of a crime or is being held on suspicion of charges.
[Ord. No. 1520 § 1, 3-7-2017]
B. 
The Municipal Judge may not sentence a defendant to confinement for failure to pay a fine for a minor traffic violation or municipal ordinance violation, as defined in Section 100.240(D)(1) and 100.240(E)(1) of this Code and Section 479.350, RSMo., unless such non-payment violates terms of probation or unless the due process procedures mandated by Missouri Supreme Court Rule 37.65 or its successor rule are strictly followed by the Municipal Judge.
[R.O. 2011 §130.190]
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:
1. 
Restitution to the victim or any dependent of the victim, in an amount to be determined by the judge.
2. 
The performance of a designated amount of free work for a public or charitable purpose, or purposes, as determined by the judge.
3. 
A person may refuse probation conditioned on the performance of free work. If he/she does so, the court shall decide the extent or duration of sentence or other disposition to be imposed and render judgment accordingly. Any county, city, person, organization, or agency, or employee of a county, city, organization or agency charged with the supervision of such free work or who benefits from its performance shall be immune from any suit by the person placed on parole or probation or any person deriving a cause of action from him/her if such cause of action arises from such supervision of performance, except for intentional torts or gross negligence. The services performed by the probationer or parolee shall not be deemed employment within the meaning of the provisions of Chapter 288, RSMo.
4. 
The court may modify or enlarge the conditions of probation at any time prior to the expiration or termination of the probation term.
[R.O. 2011 §130.200; Ord. No. 78-27 §3(4.20), 11-21-1978]
In the event the Municipal Judge is a lawyer then 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. In the event that the Municipal Judge is not a lawyer, the defendant shall have a right to trial de novo, even from a plea of guilty, before the Circuit Judge or Associate Circuit Judge. Such application for trial de novo shall be filed within ten (10) days after judgment and shall be in a form as provided by the Supreme Court Rules.
[R.O. 2011 §130.210; Ord. No. 78-27 §3(4.21), 11-21-1978]
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.
[R.O. 2011 §130.220; Ord. No. 78-27 §3(4.22), 11-21-1978]
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 actions shall be paid over to the Municipal Treasury to the General Revenue Fund of the municipality.
[R.O. 2011 §130.230; Ord. No. 78-27 §3(4.23), 11-21-1978]
A Municipal Judge shall be disqualified to hear any case in which he/she is 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.
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.
[R.O. 2011 §§110.170, 130.250; CC 1971 §2.12; Ord. No. 76-4 §2, 2-17-1976; Ord. No. 78-27 §3(4.25), 11-21-1978]
A. 
There is hereby created a position of Municipal Court Clerk. 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 safely and properly keep all bond money and fine money and to promptly deliver the same to the City Treasury.
3. 
To render a monthly accounting of all funds coming to the City or deposited with the City by virtue of the Police Court.
4. 
To take oaths and affirmations.
5. 
To accept signed complaints, and allow the same to be signed and sworn to or affirmed.
6. 
Sign and issue subpoenas requiring the attendance of witnesses and sign and issue subpoenas duces tecum.
7. 
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.
8. 
Maintain, properly certified by the City Clerk, a complete copy of the ordinances of the City of the municipality which shall constitute prima facia evidence of such ordinance before the Court.
9. 
To keep a record of all cases filed and the disposition thereof.
10. 
To promptly process all appeals.
11. 
To certify to the Department of Revenue the record of conviction for all moving traffic violations.
12. 
To perform such other duties as directed by the Municipal Judge and/or the City Administrator.
[R.O. 2011 §130.260; Ord. No. 78-27 §3(4.26), 11-21-1978; Ord. No. 81-27, 8-4-1981; Ord. No. 86-38 §§1 — 3, 8-19-1986; Ord. No. 92-37 §1, 6-16-1992; Ord. No. 93-2 §1, 1-12-1993; Ord. No. 96-138 §§1 — 2, 12-17-1996; Ord. No. 99-75 §§1 — 2, 10-5-1999; Ord. No. 2002-31 §1, 3-5-2002; Ord. No. 2002-95 §1, 8-13-2002; Ord. No. 2003-36 §1, 4-1-2003; Ord. No. 2007-66 §1, 7-17-2007]
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. 
Other costs, such as for the issuance of a warrant, a commitment or a summons, as provided before the Associate Circuit Judge in criminal prosecutions.
3. 
Actual costs assessed against the City by the County Sheriff for apprehension or confinement in the County Jail.
4. 
Mileage, in the same amount as provided to the Sheriff in criminal violations, for each mile and fraction thereof the officer must travel (in both directions) in order to serve any warrant or commitment or order of this Court.
5. 
Pursuant to Section 488.607, RSMo., an additional four dollars ($4.00) for the benefit of shelters for victims of domestic violence established pursuant to Sections 455.200 to 455.230, RSMo.
[Ord. No. 1692, 11-19-2019]
6. 
Additional court costs. In addition to any other costs or fees, an additional sum of three dollars ($3.00) shall be assessed as costs to be added to the basic costs in Subsection (1) of this Section in any municipal ordinance violation, provided that no such cost shall be collected when the proceeding or the 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 each such Court cost shall be transmitted monthly to the Treasurer of the City and used to pay for Police Officer training as provided by Sections 590.100 to 590.180, RSMo.
b. 
One dollar ($1.00) of each such Court cost shall be sent to the State Treasury to the credit of the Peace Officers Standards and Training Commission Fund created by Section 590.178, RSMo.
7. 
An additional sum of seven dollars fifty cents ($7.50) shall be assessed and added to the basic costs in Subsection (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 Subsection shall be paid at least monthly as follows:
a. 
Ninety-five percent (95%) of such fees shall be paid to the Director of Revenue of the State of Missouri for deposit to the Crime Victims' Compensation Fund and the Services to Victims Fund as provided in Section 595.045, RSMo.
b. 
Five percent (5%) shall be paid to the City Treasury.
8. 
Pursuant to Section 488.5026, RSMo., an additional two dollars ($2.00) for all criminal cases, with the funds to be deposited in an "Inmate Security Fund" for the purpose of maintaining a biometric verification system and shall be collected and disbursed in accordance with Sections 488.010 to 488.020, RSMo., and shall be payable to the City Treasurer, except that no such fee shall be collected in any proceeding when the proceeding or the defendant has been dismissed by the Court or when costs are to be paid by the State, County or municipality. Funds deposited shall be utilized to develop biometric verification systems to ensure that inmates can be properly identified and tracked within the local jail system. Upon the installation of the biometric verification system, funds in the Inmate Security Fund may be used for the maintenance of the biometric verification system and to pay for any expenses related to custody and housing and other expenses for prisoners.
9. 
Reimbursement of certain costs of arrest.
[Ord. No. 1520 § 1, 3-7-2017]
a. 
Upon a plea or a finding of guilty for a first (1st) offense of violating the provisions of an ordinance of the City of Riverside involving alcohol- or drug-related traffic offenses, the Court may, in addition to imposition of any penalties provided by law, order the convicted person to reimburse the Police Department for the costs associated with such arrest.
b. 
Such costs hereby authorized shall include the reasonable cost of making the arrest, including the cost of any chemical test made as authorized or required by law or ordinance 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.
c. 
The Chief of Police shall establish a schedule of such costs hereby authorized and shall submit the same to the Municipal Judge. However, the Court may order the costs reduced if it determines that the costs are excessive.
d. 
Upon receipt of such additional costs authorized by this Subsection, the City Treasurer shall retain such costs in a separate fund to be known as the "DWI/Drug Offense Cost Reimbursement Fund". Monies within such fund shall be appropriated by the Board of Aldermen to the Police Department in amounts equal to those costs so collected and shall be used by such department specifically to enhance and support the enforcement and prosecution of alcohol- and drug-related traffic laws within the City.
10. 
Fines — where held.
a. 
All fines, bonds and Court funds may be deposited to a separate account and paid over not less frequently than monthly into the Municipal Treasury.
b. 
The Court Clerk is hereby authorized to pay out funds as authorized by the Court or by law on warrants drawn on the City.
11. 
In all cases for violation of an ordinance, a surcharge of seven dollars ($7.00) is to be collected by the Municipal Court and transmitted monthly to the Missouri Director of Revenue for the State Court Automation Fund as provided in Sections 488.012.3(5) and 488.027, RSMo. Such surcharge shall also be assessed in cases in which pleas of guilty are processed in the Violations' Bureau. No such surcharge shall be collected when the proceeding or defendant has been dismissed by the court, when costs are waived, or when costs are paid to the State, County, or municipality.[1]
[Ord. No. 1810, 10-19-2021[2]]
[1]
Editor's Note: Former Subsection (A)(11), regarding the Sheriff Retirement Fund, was repealed 7-6-2021 by Ord. No. 1785.
[2]
Editor's Note: Ord. No. 1810 also adopted the Show Me Courts Agreement.
[R.O. 2011 §130.270; Ord. No. 78-27 §3(4.27), 11-21-1978]
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 appear to the satisfaction of the Municipal Judge that the prosecution was commenced without probable cause and from malicious motives.
[R.O. 2011 §130.280; Ord. No. 78-27 §3(4.28), 11-21-1978]
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/she may deem appropriate.
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 so 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/her 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/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.
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/she would be justified in using if the warrant were valid.