Editor's Note — Ordinance No. 2700, adopted
September 17, 2012, amends Ordinance No. 1962 adopted June 16, 1997,
Ordinance No. 1883 adopted January 2, 1996, amends Ordinance No. 1816
adopted September 19, 1994, Ordinance No. 1677 adopted June 15, 1992,
Ordinance No. 1627 adopted June 17, 1991 and Ordinance No. 1138, which
was adopted December 11, 1978. The Court Costs set out in this ordinance
are set out in Section 25-3 hereof. Former Attachment A to Chapter
25 was removed at the editor's discretion with the inclusion of Ord.
No. 3065 in Section 25-2.
State Law Reference — As to municipal court
in cities of the fourth class generally, and as to court costs, see
RSMo., §§ 302.137, 476.055, 476.385, 479.010, et seq.,
479.260, 488.027, 488.5026, 488.5336, 488.5339 and 595.045. As to
failure to appear in municipal court, § 544.665.
Cross Reference — As to working of prisoners and installment payment of fines, see § 1-8 of this Code. As to duties of police regarding municipal court generally, see § 24-15. As to traffic violations bureau Clerk, see § 18-2.1. As to driving without driver's license and riding motorcycle without protective headgear, see § 18-7.1. As to seat belt requirements, see § 18-42.2. As to failure to appear in municipal court, see § 20-22.
[Ord. No. 2616 § 1, 9-20-2010]
A.
Municipal Administrative Search Warrant Defined; Who May
Issue, Execute.
1.
A municipal administrative search warrant is a written order of the
Centralia Municipal Court Judge commanding the search or inspection
of any property, place or thing within the Centralia City limits,
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 Centralia City Code Sections relating
to the use, condition or occupancy of property or structures located
within the City of Centralia, Missouri or to enforce the provisions
of any such Centralia City Code Section(s), including Centralia City
Code Sections pertaining to dangerous buildings, zoning, nuisance,
building codes, health, safety and welfare.
2.
The Centralia Municipal Court Judge (who has original and exclusive
jurisdiction to determine violations of the ordinances of the City
of Centralia, Missouri) shall have the authority to issue a municipal
administrative search warrant when:
a.
The property or place to be searched or inspected or the thing to
be seized is located within the City of Centralia, Missouri, and
b.
The owner or occupant of the property or place to be searched or
inspected or the thing to be seized has refused to allow same after
request by the City Administrator, Code Enforcement Officer or any
Centralia Police Officer.
3.
Any such municipal administrative search warrant shall be directed
to any Centralia Police Officer and shall be executed by such Centralia
Police Officer within the Centralia City limits and not elsewhere.
B.
Who May Apply For Municipal Administrative Search Warrant;
Contents of Written Application; How Submitted.
1.
Any Centralia Police Officer or the Centralia City Prosecutor or
Centralia City Attorney may make written application to the Centralia
Municipal Court Judge for the issuance of a municipal administrative
search warrant.
2.
The municipal administrative search warrant application shall:
a.
Be in writing;
b.
State the time and date of the making of the application;
c.
Identify the property or places within the Centralia City limits
to be entered, searched, inspected or things to be seized in sufficient
detail and particularity that the Centralia Police Officer executing
the municipal administrative search warrant can readily ascertain
it;
d.
State that the owner or occupant of the property or places to be
entered, searched, inspected or thing to be seized within the Centralia
City limits has been requested by a particular person with the City
of Centralia (being either the City Administrator, Code Enforcement
Officer or any Centralia Police Officer) to allow such action and
has refused to allow such action;
e.
State facts sufficient to show probable cause for the issuance of
a municipal administrative search warrant as provided in Subsection
(C) of this Section to:
f.
Be verified by the oath or affirmation of the applicant; and
g.
Be signed in the presence of a notary public by the applicant, notarized
by the notary public, and filed in the Centralia Municipal Court records.
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 municipal administrative
search warrant and in filling out any deficiencies in the description
of the property or place to be searched or inspected or thing to be
seized within the Centralia City limits. Oral testimony shall not
be considered — only the application and any written affidavit.
4.
The municipal administrative search warrant written application and
any supplemental affidavit may be submitted by facsimile or other
electronic means.
C.
Procedure; Contents of Municipal Administrative Search Warrant;
How Issued; Execution and Return.
1.
Procedure.
a.
The Centralia Municipal Court Judge shall determine whether probable
cause exists to inspect or search for violations of any applicable
Centralia City Code Section or to enforce any such applicable Centralia
City Code Section.
b.
In doing so the Centralia Municipal Court Judge shall determine whether
the action to be taken is reasonable in light of the facts stated
in the application, as supplemented by supporting affidavit. The Centralia
Municipal Court Judge shall consider the goals of the Centralia City
Code Section(s) 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 Centralia City Code Sections and the passage
of time since the property's last inspection. The standard for issuing
a municipal administrative search warrant need not be limited to actual
knowledge of an existing violation of any applicable Centralia City
Code Section.
c.
If it appears to the Centralia Municipal Court Judge from the application
and any supporting affidavit that there is probable cause to inspect
or search for violations of any applicable Centralia City Code Section
or to enforce any such applicable Centralia City Code Section, a municipal
administrative search warrant shall immediately be issued by the Centralia
Municipal Court Judge.
d.
The municipal administrative search warrant shall be issued in the
form of an original and two (2) copies, and the application, any supporting
affidavit and copy of the municipal administrative search warrant
as issued shall be retained in the records of the Centralia Municipal
Court.
2.
Contents of municipal administrative search warrant. The municipal administrative search warrant shall:
a.
Be in writing and in the name of the City of Centralia, Missouri.
b.
Be directed to any Centralia Police Officer.
c.
State the time and date the municipal administrative search warrant
is issued.
d.
Identify the property or places within the Centralia City limits
to be searched, inspected or entered upon or thing to be seized in
sufficient detail and particularity that the Centralia Police Officer
executing the municipal administrative search warrant can readily
ascertain it.
e.
Command that the described property or places be searched, inspected
or entered upon, and that any evidence of any Centralia City Code
violations found therein or thereon, or any property seized pursuant
thereto, or a description of such property seized, be returned, within
ten (10) days after the making of the application, to the Centralia
Municipal Court Clerk, to be dealt with according to law.
f.
Be signed by the Centralia Municipal Court Judge, with the Judge's
title of office indicated.
3.
How issued. The municipal administrative search
warrant issued by the Centralia Municipal Court Judge may be issued
by facsimile or other electronic means.
4.
Execution and return.
a.
A municipal administrative search warrant issued under this Section
shall be executed only by a Centralia Police Officer, provided however,
that one (1) or more Centralia City Officials, including, but not
limited to, the City Administrator and the Code Enforcement Officer,
may accompany and assist, if needed, the Centralia Police Officer;
and the municipal administrative search warrant shall be executed
in the following manner:
(1)
The municipal administrative search warrant shall be executed
by conducting the search, inspection, entry or seizure as commanded
and shall be executed as soon as practicable in a reasonable manner
and during daylight hours, if practicable.
(2)
The Centralia Police Officer shall give the owner or occupant
of the property searched, inspected or entered upon a copy of the
municipal administrative search warrant.
(3)
(a)
If any property is seized incident to the search, the Centralia
Police 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 Centralia Police Officer
shall leave the receipt at the site of the search in a conspicuous
place.
(b)
A copy of the itemized receipt of any property taken shall be
delivered to the Centralia City Prosecutor or Centralia City Attorney.
(c)
The disposition of property seized pursuant to a municipal administrative
search warrant under this Section shall be in accordance with provisions
of Section 542.301, RSMo.
(4)
The Centralia Police Officer may summon as many persons as the
Centralia Police Officer deems necessary to assist the Police Officer
in executing the municipal administrative search warrant, and such
persons shall not be held liable as a result of any illegality of
the search and seizure.
(5)
A Centralia Police Officer making a search pursuant to an invalid
municipal administrative search warrant, the invalidity of which is
not apparent on its face, may use such force as the Centralia Police
Officer would be justified in using if the municipal administrative
search warrant were valid.
(6)
A municipal administrative 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.
b.
Return of the municipal administrative search warrant.
(1)
After execution of the municipal administrative search warrant,
the municipal administrative search warrant, with a return thereon
signed by the Centralia Police Officer making the search, shall be
delivered to the Centralia Municipal Court Clerk.
(2)
The return shall show the date and manner of execution, what
was seized, if anything, 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.
(3)
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
in this Section, and in such a case a description of the property
seized shall accompany the return.
(4)
The Centralia Municipal 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.
[Ord. No. 3065, 7-20-2020]
A.
Pursuant
to the provisions of Section 479.040 of the Revised Statutes of the
State of Missouri, the Board of Aldermen has elected to have the violations
of its municipal ordinances heard and determined by an Associate Circuit
Judge of the 13th Judicial Circuit.
B.
The City
Administrator is authorized to take all actions necessary to transfer
the City of Centralia’s Municipal Court to the 13th Judicial
Circuit Court and effectuate the transfer of the City of Centralia’s
Municipal Division cases to be heard in the Boone County Circuit Court
on the third Monday of the month beginning at 9:00 a.m.
[Ord. No. 2700 §1, 9-17-2012]
A.
Court costs
in the amount of fifteen dollars ($15.00) as provided by Section 479.260,
RSMo., seven dollars fifty cents ($7.50) as provided in Section 595.045,
RSMo., and Section 488.5339, RSMo., for the State of Missouri Crime
Victims Compensation Fund, two dollars ($2.00) for the City training
fund to train Police Officers as provided in Section 488.5336, RSMo.,
one dollar ($1.00) for the State Peace Officer Standards and Training
Commission Fund as provided in Section 488.5336, RSMo., and seven
dollars ($7.00) as provided in Section 488.027, RSMo., for the Statewide
Court Automation Fund, and two dollars ($2.00) for the Inmate Prisoner
Detainee Security Fund as provided in Section 488.5026, RSMo., for
biometric verification systems and information sharing, for a total
of thirty-four dollars fifty cents ($34.50) which shall be assessed
in all cases except as provided in Subsection (C).
B.
Any person who violates a municipal ordinance (except Section 18-7.1 concerning motorcycle protective headgear) as an operator of a motorcycle or motortricycle and any motor vehicle operator who violates a municipal ordinance where the violation involves a motorcycle or motorcycle or where the operator causes an accident involving a motorcycle or motortricycle shall have a judgment entered against said person in favor of the State of Missouri Motorcycle Safety Trust Fund in the amount of five dollars ($5.00), as provided in Section 302.137, RSMo., in addition to the thirty-four dollars fifty cents ($34.50) in Court costs (surcharges) assessed under Subsection (A). The five dollar ($5.00) judgment as provided above shall be doubled to ten dollars ($10.00) if the operator at fault violated any State law or municipal ordinance relating to the consumption of alcohol. Any person who is convicted of either of the municipal ordinances for driving while intoxicated or for driving with excessive blood alcohol content shall have a judgment entered against the defendant in favor of the State of Missouri Spinal Cord Injury Fund in the amount of twenty-five dollars ($25.00) as provided in Section 304.027, RSMo., in addition to the thirty-four dollars fifty cents ($34.50) in Court costs (surcharges) assessed under Subsection (A) of this Section for those offenses.
D.
The seven
dollars ($7.00) in Court costs referred to above and provided for
in Section 488.027, RSMo., for the Statewide Court Automation Fund
shall not be assessed after September 1, 2018, as provided in Section
476.055, RSMo.
[Repealed by Ord. No. 1138 § 1, 12-11-1978]
