[R.O. 2012 §125.340; Ord. No. 915 Art. I, 5-19-2005]
As used in this Article, unless the context otherwise indicates,
the following terms mean:
A written order of the Municipal Judge commanding the search
and/or inspection of any private property, structure or improvement
and the seizure, photographing, copying or recording of property or
physical condition found thereon or therein to determine, prove or
abate the existence of property conditions with regard to the enforcement
of the Police and Zoning Regulations when government entry on or into
such private property, structure or improvement is authorized by law.
The act, action or process of seizing and shall include removing
any personal property, items, debris, grass, weeds and garbage from
the premises as well as abatement of any Code violation which after
due process has previously been found to exist.
[R.O. 2012 §125.350; Ord. No. 915 Art. II, 5-19-2005]
A.
A Municipal
Judge of the Village of Hanley Hills shall have original jurisdiction
to issue administrative search warrants within the Village of Hanley
Hills, Missouri, provided that the owner or occupant of the property
or place to be searched or inspected or the thing to be seized has
refused to allow such search, inspection or seizure after the Village
has made official request for such action, or after due and diligent
effort the owner or occupant could not be contacted.
B.
Warrants
issued by the Municipal Judge shall be directed to the Police Officers
of the Village of Hanley Hills and shall be executed by the actual
officer who performs the search, inspection or seizure, and said warrant
shall provide that any Code Enforcement Officer or other appropriate
Village Official may aid in the execution of the warrant.
C.
Application For Warrant.
1.
A Code Enforcement Officer, Police Officer or attorney for the Village
may make application to the Municipal Judge for issuance of an administrative
search 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 has been requested by the Village
to allow such action and the owner or occupant has refused to allow
such action; or the Village has been unable to contact the owner and/or
occupant though due and diligent effort was made.
e.
State facts sufficient to show probable cause for the issuance of
a search warrant to search or inspect for violations of an ordinance
or Code Section specified in the application or to show that entry
or seizure is authorized and necessary to enforce an ordinance or
Code Section specified in the application and that due process has
been afforded prior to the entry or seizure;
f.
Be verified by oath or affirmation of the applicant; and
g.
Be signed by the applicant and filed in the Municipal Court.
D.
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.
E.
The
application for warrant may be submitted by facsimile or other electronic
means provided that the original is filed with the Municipal Court
within five (5) days after making the application in such manner.
[R.O. 2012 §125.360; Ord. No. 915 Art. III, 5-19-2005]
A.
Hearing And Procedure.
1.
The Municipal Judge shall hold a non-adversary hearing to determine
whether probable cause exists to inspect or search for violations
of any Village ordinance or Code Section or to enforce any such ordinance
or Code Section.
2.
In so doing, the Municipal Judge shall determine whether the action
to be taken by the Village is reasonable in light of the facts stated.
3.
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 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 Village ordinance or Code Section.
4.
If it appears from the application and in any supporting affidavits
that there is probable cause to inspect or search for violations of
any ordinance or Code Section or to enforce any such ordinance or
Code Section, a search warrant shall immediately issue.
5.
The warrant shall issue in the form of an original and two (2) copies.
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 Village;
2.
Be directed to any Police Officer in the Village;
3.
State the time and date the warrant was issued;
4.
Identify the property or places to be searched, inspected or entered
upon in sufficient detail and particularity that the officer executing
the warrant can readily ascertain it;
5.
Command that the described property or places be searched or entered
upon, and that any evidence of any suspected Village ordinance violations
or any pertinent property conditions found therein or thereon be seized,
recorded or photographed, and a description of such property be returned
within ten (10) days after filing of the application to the Clerk
of the Municipal Court;
6.
Command that if the described violation of law was previously and
duly found to be a violation, that same be removed from the premises;
and
7.
Be signed by the judge with his/her title of office indicated.
C.
Execution And Return.
1.
A search warrant issued pursuant to this Article shall be executed
by a Police Officer employed by the Village of Hanley Hills or employed
by an entity with whom the Village has a contract to provide Police
services. Other Village Officials may accompany the Police Officer
at the time of the execution of the warrant. A warrant shall be executed
as follows:
a.
By conducting the search, inspection, entry or seizure as commanded
as soon as practicable and in a reasonable manner;
b.
By giving the owner or occupant of the property searched, inspected
or entered upon a copy if such owner or occupant is present during
the incident, and if the owner or occupant is not present, by leaving
a copy of the warrant in a prominent place upon the premises and by
noting same in the return;
c.
By giving to any person present who is an owner or occupant of the
property an itemized receipt for any property seized pursuant to the
warrant, and if no such person is present, then by leaving the receipt
at the site of the search in a conspicuous place with notation of
where said itemized receipt was left noted on the return of the warrant;
d.
By bringing with the officer as many persons authorized by this Article
as the officer deems necessary to assist him/her in executing the
warrant; and
e.
By executing upon the warrant within ten (10) days after the date
of making the application. Any warrant not executed within such ten
(10) day period shall expire.
2.
A copy of the itemized receipt aforesaid shall be taken and delivered
to an attorney for the Village within two (2) working days of completing
the search.
3.
The disposition of any property seized pursuant to the warrant shall
be in accordance with all applicable Village ordinances or Code Sections,
but in the absence of any such applicable Sections, then Section 542.301,
RSMo.
D.
Return.
1.
After execution of the warrant, the warrant shall:
a.
Be signed by the officer making the search or seizure;
b.
Show the date and manner of the 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.
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;
and
d.
Be delivered to the Municipal Court.
2.
The Municipal Court Clerk shall deliver a copy of the return to the
possessor and/or the owner (when not the same person) of the property
searched or seized upon proper written request from such possessor/owner.
