Chapter 130 Municipal Court

Section 130.140 Appearance Bond Authorized — Recognizance Required.

Editor's Note — As part of the editorial/legal review and conference of September, 2001, sections 130.110 — 130.120 have been removed and left reserved for the future use of the city. Former sections 130.110 — 130.120 derived from CC 1976 §§16-12 — 16-13; ord no. 1647 §1, 12-18-78; ord. no. 1648 §1, 1-8-79; ord. no. 2311 §1, 11-10-86.

Section 130.130 Order of Trial.

[CC 1976 §16-14; Ord. No. 1647 §1, 12-18-1978]

All persons in custody shall be forthwith tried, if ready for trial. All other persons shall be tried in the order in which their names appear on the docket.

[CC 1976 §16-15; Ord. No. 1647 §1, 12-18-1978; Ord. No. 2005-02 §1, 1-10-2005]

Any person arrested for violation of any ordinance may be admitted to bail by executing a bond to the City, with sufficient security to be approved by the Municipal Judge, in the sum of not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00) conditioned that such person will appear on the days therein stated before the Municipal Court to answer the charges against him/her, and all bonds so taken shall forthwith be filed with the Municipal Judge by the Officer approving and taking the same, and whenever any person shall be arrested and brought before the Municipal Court, and for any cause the trial is postponed to a time certain, such person shall be required to enter into a recognizance with security, to be approved by the Court at the time and place appointed, then and there to answer complaint alleged against him/her. If any person arrested or brought before the Court as aforesaid shall fail or refuse to enter into recognizance, he/she shall be committed to jail and held to answer the complaint against him/her.

Section 130.150 Breach of Recognizance.

[CC 1976 §16-16; Ord. No. 1647 §1, 12-18-1978]

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 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.

Section 130.160 (Reserved) [1]

Section 130.170 Multiple Defendants in Complaint — Amending Complaints.

Editor's Note — As part of the editorial/legal review and conference of September, 2001, section 130.160 has been removed and left reserved for the future use of the city. Former section 130.160 derived from CC 1976 §16-17; ord. no. 1647 §1, 12-18-78; ord. no. 1648 §1, 1-8-79.

[CC 1976 §16-18; Ord. No. 1647 §1, 12-18-1978]

Complaints files as aforesaid may include any number of persons charged with the same offense, and no proceedings shall be dismissed or defendant discharged by reason of any informality or irregularity in any complaint, but such complaint may, by leave of Court, at any time before or during trial, prior to the retirement of the jury or the finding of the Municipal Judge, be amended without prejudice to the proceedings.

Section 130.180 Issuance, Execution of Warrants and Subpoenas.

[CC 1976 §16-19; Ord. No. 1647 §1, 12-18-1978]

Upon the filing of the complaint, the Municipal Judge or Clerk of the Court shall issue a warrant reciting the offense substantially as charged in the complaint and directed to the City Marshal, the Sheriff or any Constable of the County of St. Louis.

The officer to whom a warrant issued by the Municipal Court is directed shall execute the same at any place within the limits of the County, and not elsewhere, unless said warrant is endorsed in the manner provided for warrants in criminal cases. Such warrants shall be executed by arresting the defendant therein named and bringing him/her before the Municipal Judge if such arrest is made while the Court is in session, or if the Court is not then sitting, by taking and holding him/her in custody until the next session of the Court, unless he/she gives bail as herein provided.

Upon the return of the warrant by the officer executing the same, the Municipal Judge shall have been fully possessed of the case, the Municipal Judge shall proceed to hear and determine the same, and shall issue subpoenas for witnesses and attachments to compel their attendance.

No warrant shall be issued for any person lawfully arrested by the Chief of Police or Police Officer and then in custody, or at liberty under bond for his/her appearance, but the trial of such persons shall be had on the written complaint or statement of the officer by whom the arrest was made.

Section 130.190 Clerk May Issue Warrants — Contents.

[CC 1976 §16-20; Ord. No. 1647 §1, 12-18-1978]

Issuance. The Clerk of the Municipal Court shall be authorized to issue any warrant upon the filing of a complaint or information charging the commission of an offense as provided by the provisions of Supreme Court Rule 37, Missouri Rules of Practice and Procedure in Municipal Courts.

Contents. Said warrant shall contain the name of the accused, or if such name is unknown, any name or description by which the accused can be identified with reasonable certainty; said warrant shall describe the offense charged in the complaint or information and shall be signed by the Clerk who shall affix thereto the official Seal of the Municipal Court of the City.

Section 130.200 Arrests Without Warrants.

[CC 1976 §16-21; Ord. No. 1647 §1, 12-18-1978]

The City Marshal, 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.

Section 130.210 Jury Trials.

[CC 1976 §16-22; Ord. No. 1647 §1, 12-18-1978]

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.

Section 130.220 Continuances Authorized.

[CC 1976 §16-23; Ord. No. 1647 §1, 12-18-1978]

When a case is first called for trial, if either party shall apply for a continuance owing to the absence of material witnesses, the Municipal Judge may continue the case to a day certain, if he/she shall be satisfied that such continuance is in the interest of justice. If at the calling of the case on the day to which it has been continued a further continuance is asked, the party applying therefor shall be required to file an affidavit setting forth the grounds upon which continuance is sought, and if it is because of the absence of witnesses, he/she shall state therein the materiality of such witnesses, their names and residences, what he/she expects to prove by them, what means have been issued to procure their attendance, and what reason he/she has to believe that they will be present at the trial of the case if it be continued, and if in its judgment sufficient cause is shown, the Court may grant a further continuance not beyond ninety (90) days. Before any such continuance is granted, however, the defendant shall be required to enter into recognizance as provided in Section 130.140.

Section 130.230 Duties of the City's Prosecuting Attorney.

[CC 1976 §16-25; Ord. No. 1647 §1, 12-18-1978]

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.

Section 130.240 Summoning of Witnesses.

[CC 1976 §16-26; Ord. No. 1647 §1, 12-18-1978]

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 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. Officers shall attend as witnesses against persons whom they have arrested without summons, and if they fail to appear at the time of the trial they may be attached and punished for contempt in like manner as witnesses summoned.

Section 130.250 Transfer of Complaint to Associate Circuit Judge.

[CC 1976 §16-27; Ord. No. 1647 §1, 12-18-1978]

If, in the process 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 further proceedings before him/her as Municipal Judge and cause the complaint to be made before some Associate Circuit Judge within the County.

Section 130.260 When Depositions Admissible.

[CC 1976 §16-28; Ord. No. 1647 §1, 12-18-1978]

Depositions taken in conformity with the laws of the State may be read in evidence in any case pending in the Municipal Court when the witness is dead, or is unable because of sickness or infirmity or absence from the City to be present at the trial.

Section 130.270 Judgment of Conviction.

[CC 1976 §16-30; Ord. No. 1647 §1, 12-18-1978]

If the defendant pleads or is found guilty, the Municipal Judge shall declare and assess the punishment prescribed by ordinance according to his/her findings or the verdict of the jury, and render a judgment accordingly; and it shall be a part of said judgment that the defendant stand committed until the judgment is complied with. In no case shall a judgment of conviction be rendered except when sufficient legal evidence is given on a public trial or upon a plea of guilty made in open court.

Section 130.280 Jailing of Defendants.

[CC 1976 §16-31; Ord. No. 1647 §1, 12-18-1978; Ord. No. 2010-23 §1, 6-28-2010]

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 another authorized agency, and it shall be the duty of the agency official, if space for the prisoner is available in the agency 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 agency for the keeping of such prisoner in his/her custody. The same shall be taxed as cost.

Section 130.290 Parole or Probation, When Granted — Certificate — Conditions of Probation — Modification of Conditions.

[CC 1976 §16-32; Ord. No. 1647 §1, 12-18-1978; Ord. No. 1648 §1, 1-8-1979]

The Municipal Judge 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.

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:

Restitution to the victim or any dependent of the victim, in an amount to be determined by the Judge; and

The performance of a designated amount of free work for a public or charitable purpose, or purposes, as determined by the Judge.

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. The City of Overland 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.

The Court may modify or enlarge the conditions of probation at any time prior to the expiration or termination of the probation term.

Section 130.300 Right of Appeal.

[CC 1976 §16-34; Ord. No. 1647 §1, 12-18-1978]

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 130.310 Records of Proceedings Required — Transmittal on Appeal.

[CC 1976 §16-36; Ord. No. 1647 §1, 12-18-1978]

The Municipal Judge shall keep a docket in which he/she shall enter every cause begun before him/her and shall state therein the name of complainant, the nature and character of the offense charged, the date of the trial, the names of all witnesses sworn and examined, the findings of the Court or verdict of the jury, the judgment, the fine, the date of payment, the date of issuing commitment if any, and such other facts as are necessary to show the full proceedings in every case, and upon an appeal being perfected, he/she shall make out and certify to the Circuit Court a full transcript of the proceedings he/she had in said issue.

Section 130.320 Disqualification of Municipal Judge From Hearing Particular Case.

[CC 1976 §16-37; Ord. No. 1647 §1, 12-18-1978]

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.

Section 130.330 Issuance of Executions and Commitments.

[CC 1976 §16-39; Ord. No. 1647 §1, 12-18-1978]

Upon the rendition of any judgment in the Municipal Court imposing a fine or penalty, if the defendants do not immediately pay the same, an execution and commitment shall be issued against the defendant for the amount of such fine or penalty.

Section 130.340 Service of Executions and Commitments.

[CC 1976 §16-40; Ord. No. 1647 §1, 12-18-1978]

Upon receiving the execution above stated, the Chief of Police shall immediately take the defendant into custody, and if said defendant does not, before sundown of the same day, satisfy said execution, either by paying the same in money or by disclosing to the Chief of Police sufficient funds or chattels, of the property of said defendant whereon to levy execution for the debt, the Chief of Police without delay shall convey said defendant to the City Jail or the County Jail and deliver him/her into custody of the jailer thereof, taking his/her receipt therefor endorsed upon said execution; and at the time of such delivery the Chief of Police shall deliver to the jailer a true copy of the execution certified by himself/herself, which shall be the warrant of the jailer for taking and keeping in his/her custody the body of the defendant until the execution shall be satisfied.

Section 130.350 Cash Deposit in Lieu of Appeal Bond.

[CC 1976 §16-41; Ord. No. 1647 §1, 12-18-1978]

Any defendant wishing to appeal from the judgment of the Municipal Court, and not being ready to enter into bonds, may deposit with the Chief of Police the amount of fine, which shall be received by said Chief of Police as collateral security for such fine until an appeal is perfected, when it shall be returned to defendant; but if such appeal is not perfected within ten (10) days, the said collateral shall be applied to satisfy the fine imposed upon him/her.

Section 130.360 Executive Clemency.

[CC 1976 §16-42; Ord. No. 1647 §1, 12-18-1978]

The Mayor may, in his/her discretion, remit in whole or in part, any fine, penalty or forfeiture assessed in the Municipal Court for the breach of any ordinances, and may grant reprieves and pardons after the conviction of any offense and may attach any condition to such remittance reprieve or pardon as in his/her judgment would further the ends of justice.

Section 130.370 Disposition of Fines.

[CC 1976 §16-43; Ord. No. 1647 §1, 12-18-1978; Ord. No. 1648 §1, 1-8-1979]

The Clerk shall each day pay to the Director of Finance the full amount of all fines collected by him/her during the preceding day, for which he/she shall take a duplicate receipt, one (1) of which he/she shall file with the City Clerk.

Section 130.380 (Reserved) [1]

Section 130.390 Service of Notice and Process on City.

Editor's Note — As part of the editorial/legal review and conference of September, 2001, section 130.380 has been removed and left reserved for the future use of the city. Former section 130.380 derived from CC 1976 §16-44; ord. no. 1647 §1, 12-18-78.

[CC 1976 §16-45; Ord. No. 1647 §1, 12-18-1978]

All processes and notices which may be necessary, in any suit before the Municipal Judge to serve on the City, shall be served on the City Clerk, or on the person acting in his/her stead.

Section 130.400 Who May Make Affidavits.

[CC 1976 §16-46; Ord. No. 1647 1, 12-18-1978]

When an affidavit on the part of the City be required in any cause which has originated in the Municipal Court, it shall be made by the Prosecuting Attorney, or, in case of his/her inability, by any person to whom the facts are known.

Section 130.410 Appointment of Special Prosecutor.

[CC 1976 §16-47; Ord. No. 1647 §1, 12-18-1978]

In the absence of the Prosecuting Attorney, or person prosecuting in his/her stead, when any suit in which the City is plaintiff is about to be tried, the Mayor may, if he/she deems it necessary, appoint someone to prosecute on behalf of the City, who shall, during the time he/she is so acting, possess all the power vested in the Prosecuting Attorney.

Section 130.420 Clerk of Municipal Court.

[CC 1976 §16-48; Ord. No. 1647 §1, 12-18-1978; Ord. No. 1648 §1, 1-8-1979]

The Mayor shall appoint the Clerk of the Municipal Court subject to the approval of the City Council. The duties of said Clerk shall be as follows:

To collect such fines for violations of such offenses as may be described, and the court costs thereof.

To take oaths and affirmations.

To accept signed complaints, and allow the same to be signed and sworn to or affirmed before him/her.

Sign and issue subpoenas requiring the attendance of witnesses and sign and issue subpoenas duces tecum.

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 Violations Clerk of the Violations Bureau.

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.

Maintain, properly certified by the City Clerk, a complete copy of the ordinances 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.

Section 130.430 Court Costs and Fees.

[CC 1976 §16-49; Ord. No. 1647 §1, 12-18-1978; Ord. No. 2141 §1, 1-14-1985; Ord. No. 91-62 §1, 11-11-1991; Ord. No. 93-49 §2, 10-11-1993; Ord. No. 95-81 §1, 10-25-1995; Ord. No. 97-22 §1, 6-10-1997; Ord. No. 2002-60 §§1 — 2, 10-29-2002; Ord. No. 2008-32 §1, 8-19-2008; Ord. No. 2010-22 §1, 6-28-2010; Ord. No. 2013-23 §§1 — 3, 8-12-2013]

In addition to any fine that may be imposed by the Municipal Judge, there shall be assessed as costs and fees in all cases the following:

Costs of Court in the amount of twelve dollars ($12.00).

Police Officer training fee. A fee of three dollars ($3.00) is hereby established and assessed as additional Court costs in each Court proceeding, except that no such fee shall be collected when the proceedings against the defendant have been dismissed.

Two dollars ($2.00) of each such Court cost shall be transmitted monthly to the Director of Finance of the City and 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.

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.

Crime Victims' Compensation Fund. 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:

Ninety-five percent (95%) of such fees shall be paid to the Director of Revenue of the State of Missouri for deposit as provided in Section 595.045.5, RSMo.

Five percent (5%) shall be paid to the City Treasury.

Sheriffs' Retirement Fund. There shall be assessed and collected a surcharge of three dollars ($3.00) in all criminal cases including violation of any county ordinance or any violation of criminal or traffic laws of this State, including infractions, but no such surcharge shall be assessed when the costs are waived or are to be paid by the State, County or municipality or when a criminal proceeding or the defendant has been dismissed by the Court. The Clerk responsible for collecting court costs shall collect and disburse such amounts as provided by Sections 488.010 to 488.020, RSMo. Such funds shall be payable to the Sheriffs' Retirement Fund.

Such other costs as may be authorized by law to be assessed in Municipal Court cases, including but not limited to interpreters fees when claimed under the provisions of this Chapter.

Reimbursement of certain costs of arrest.

Upon a plea or a finding of guilty of violating the provisions of Sections 342.020 or 342.030 of this Code or any ordinance of the City of Overland 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.

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.

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.

Upon receipt of such additional costs authorized by this Subsection, the Director of Finance 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 City Council 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.

Work/construction zone. Any person who is convicted or pleads guilty to a speeding violation or passing/overtaking a vehicle in a work/construction zone when there was any person present performing duties in the work/construction zone and appropriate signs were posted stating "Warning: $250 fine for speeding or passing in this work zone" shall be assessed a fine of two hundred fifty dollars ($250.00) in addition to any other fine assessed; except that any person assessed the two hundred fifty dollar ($250.00) fine shall not also be assessed the thirty-five dollar ($35.00) fine for any of the following offenses in a construction or work zone: any moving violation or violation of speeding, leaving the scene, careless and imprudent driving, operating without a valid license, operating with a suspended or revoked license, obtaining a license by misrepresentation, driving while intoxicated, under the influence or BAC, any felony offense involving the use of a vehicle, or failure to maintain financial responsibility.

In addition to any other fines or costs provided in this Code pertaining to cases filed in the Overland Municipal Division, an additional sum of two dollars ($2.00) shall be imposed in conjunction with all cases for violation of municipal ordinances.

No such charge shall be collected in any proceedings when the proceeding or defendant has been dismissed by the Court.

Prisoner housing cost.

Costs of boarding in jail of thirty-five dollars ($35.00) per day or a portion thereof.

Actual costs assessed against the City by an outside agency for apprehension or confinement in the agency jail.

Mileage to pick up and deliver prisoners at a rate of twenty cents ($.20) per mile.

10.

State Court Automation Surcharge. In addition to other costs authorized in this Section, there shall be assessed a State Court automation surcharge of seven dollars ($7.00) in all cases in which Court costs are taxed. Said surcharge shall be collected by the Municipal Court and transmitted monthly to the Missouri Director of Revenue to the credit of the Missouri Statewide Automation Fund, as provided in Sections 488.012.3(5) and 488.027.2, RSMo.

[Ord. No. 2018-17, 10-22-2018]

11.

A surcharge in the sum of two dollars ($2.00) authorized by Section 488.607, RSMo., for the purpose of providing operating expenses for shelters for battered persons, as defined in Sections 455.200 to 455.230, RSMo. Such cost shall be collected by the Clerk of the Court and disbursed by the City to such shelters that meet the requirements and qualifications of Sections 455.200 to 455.230, RSMo.

[Ord. No. 2021-04, 2-22-2021]

Section 130.440 through Section 130.450. (Reserved) [1]

Section 130.460 State Fees Adopted Where No Other Fee Provided.

Editor's Note — As part of the editorial/legal review and conference of September, 2001, sections 130.440 — 130.450 have been removed and left reserved for the future use of the city. Former section 130.440 — 130.450 derived from CC 1976 §§16-50 — 16-51; ord. no. 1647 §1, 12-17-78.

[CC 1976 §16-52; Ord. No. 1647 §1, 12-18-1978]

In any case when duties are required of an Officer mentioned in this Chapter and no fee is prescribed therefor by this Chapter or other ordinances, such Officer shall be allowed such fees as are allowed State and County Officers for similar services.

Section 130.470 Installment Payment of Fine.

[CC 1976 §16-54; Ord. No. 1647 §1, 12-18-1978]

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/she may deem appropriate.

Section 130.480 City Officers Not to Receive Amounts Taxed as Costs.

[CC 1976 §16-55; Ord. No. 1647 §1, 12-18-1978; Ord. No. 1648 §1, 1-8-1979]

The amounts to be taxed as costs under the provisions of this Chapter shall not at any time be paid to the Municipal Judge or any officer of the City as a fee for services, but shall be paid as aforesaid into the City Treasury, retained in a separate fund and used as aforesaid toward the payment of expenses of operating said Municipal Court, and the expense of operating said Municipal Court shall include the salary compensation of the Municipal Judge, Court Clerk, City Marshal and other Police Officers and the City Attorney.

Section 130.490 (Reserved) [1]

Editor's Note — As part of the editorial/legal review and conference of September, 2001, section 130.490 has been removed and left reserved for the future use of the city. Former section 130.490 derived from CC 1976 §16-56; ord. no. 1647 §1, 12-18-78.

Article II Administrative Warrants

Section 130.500 Administrative Warrants.

[Ord. No. 2023-14, 6-26-2023]

Procedures Governing Administrative Warrants.

Administrative Warrant Defined — Who May Issue, Execute.

An administrative warrant is a written order of the Municipal Judge permitting the entry of City officials on or into private property to enforce the City's housing, zoning, health, and safety regulations when government entry on or into such private property is otherwise authorized by Missouri law. A warrant may be issued only in conformance with this Article and only for the enforcement of the City's housing, zoning, health, and safety regulations, specifically:

To abate such physical conditions on private property constituting a public nuisance or otherwise in violation of a specified regulation as provided herein;

To inspect private property to determine or prove the existence of physical conditions in violation of such a specified regulation; and

To seize, photograph, copy, or record evidence of the violation of such a specified regulation.

The Municipal Judge having original and exclusive jurisdiction to determine violations against the ordinances of the municipality may issue an administrative warrant when:

The property to be entered is located within the City; and

The owner or occupant of the property to be entered:

Has refused to allow entry of the same after an initial official request by the City in relation to the purported existing nuisance conditions; or

(b)

Is not available, after reasonable investigation and effort, to consent to such entry or inspection; and

The City establishes probable cause to determine that a public nuisance or other violation of a specified regulation as provided herein may exist.

Any such warrant shall be directed to a commissioned officer of the Overland Police Department or Code Compliance Coordinator/Officer and shall be executed by the same, along with the appropriate Code Compliance Coordinator/Officer or other appropriate official, within the City limits and not elsewhere.

Who May Apply For Warrant — Contents Of Application.

The City Administrator (for purposes of Chapter 510), any Code Compliance Coordinator/Officer, Police Officer, or attorney of the City may make application to the Overland Municipal Judge, by way of the Overland Prosecuting Attorney's Office, for the issuance of an Administrative Warrant.

The application shall first be submitted to the Office of the City Administrator (for non-criminal matters), for review and approval prior to its submittal to the Overland Prosecuting Attorney's office.

The application shall then be submitted to the Overland Prosecuting Attorney's office for review, after which, the same will determine if sufficient evidence is present to remit the application to the Overland Municipal Judge for the issuance of the administrative warrant. In the event such an application is remitted to the Overland Municipal Judge, a copy of said application will be provided to the Overland City Clerk for disbursement to the Overland City Council for notice purposes only.

The application shall:

Be in writing;

State the time and date of the making of the application;

Identify the property to be entered, 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:

Has been requested by the City to allow such action and has failed to provide consent to the City's initial official request within three (3) business days or has refused to allow such action, in relation to the purported existing nuisance conditions; or

(b)

Is not available, after reasonable investigation and effort, to consent to such entry or inspection, and in such case the application shall include details of the City's investigation and effort to request such consent;

(5)

State facts sufficient to show probable cause for the issuance of a warrant to enter the private property, including the specification of the housing, zoning, health, or safety regulation sought to be enforced;

(6)

Be verified by the oath or affirmation of the applicant; and

(7)

Be signed by the applicant and filed in the prosecuting attorney's office.

The application may be supplemented by a written affidavit verified by oath or affirmation. Such an affidavit shall be considered in determining whether there is probable cause for the issuance of a warrant and in filling out any deficiencies in the description of the property or place to be entered. Oral testimony shall not be considered. The application may be submitted by facsimile or other electronic means.

Hearing And Procedure — Contents Of Warrant — Execution And Return.

Hearing And Procedure.

Upon receipt of the application from the prosecuting attorney's office, the Municipal Judge shall determine whether probable cause exists to enter the private property for the purposes noted herein.

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 known or suspected violation of any relevant City Ordinance or Code Section, the passage of time since the property's last inspection, and the law, Statute, or ordinance 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.

If it appears from the application and any supporting affidavit that there is probable cause to enter the private property for the enforcement of the City's housing, zoning, health, and safety regulations, a warrant shall immediately be issued.

(4)

The warrant shall be issued 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.