A. 
In addition to any fine that may be imposed by the Municipal Judge in any case filed in the Milan Municipal Division of the Associate Circuit Court of Sullivan County, Missouri, and in addition to all other fees authorized or required by law, there shall be assessed as costs the following:
1. 
Costs of Court in the amount of fifteen dollars ($15.00).
2. 
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.
a. 
Two dollars ($2.00) of each such Court cost shall be transmitted monthly to the Treasurer/Collector 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 Police Officer or candidate for certification employed by the City. Any excess funds shall be transmitted quarterly to the City's General Fund.
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.
3. 
Crime Victims' Compensation Fund. An additional sum of seven dollars and fifty cents ($7.50) shall be assessed and added to the basic costs in Subsection (A)(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 as provided in Section 595.045.6, RSMo.
b. 
Five percent (5%) shall be paid to the City Treasury.
4. 
There shall be assessed a surcharge of seven dollars ($7.00) for the Statewide Court Automation Fund.
5. 
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.
6. 
Actual costs assessed against the City by the County Sheriff for apprehension or confinement in the County Jail or costs assessed against the City by any other detention facility.
7. 
Mileage, in the same amount as provided to the Sheriff in criminal violations, for each mile and fraction thereof the officer must travel (both directions) in order to serve any warrant or commitment or order of this Court.
8. 
Any other reasonable cost as may be otherwise provided by ordinance and permitted under the laws of the State of Missouri, including, but not limited to, costs of confinement, including any necessary transportation related thereto, medical costs incurred by the City while a defendant is in City custody and costs related to the arrest and testing of any person for any intoxication-related traffic offense as set out in this Section.
9. 
Reimbursement Of Certain Costs Of Arrest.
a. 
Upon a plea or a finding of guilty of violating the provisions of Section 577.010 or 577.012, RSMo., or any ordinance of the City of Milan 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 may 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.
Notwithstanding any provision of law, Supreme Court Rule, or Court Operating Rule, in a proceeding for a municipal ordinance violation or any other proceeding before a Municipal Court if the charge carries the possibility of fifteen (15) days or more in jail or confinement, a defendant shall not be charged any fee for obtaining a police report, probable cause statement, or any video relevant to the traffic stop or arrest. Such police report, probable cause statement, or video shall be provided by the prosecutor upon written request by the defendant for discovery.
[Ord. No. 2822, 3-6-2023]
A. 
Search Warrant Defined — Who May Issue, Execute.
1. 
An administrative search warrant is a written order of the Judge of the Municipal Division of the Circuit Court of Sullivan County (the "Municipal Judge") commanding the search or inspection of any property, place or thing, and the seizure, photographing, copying or recording of property or physical conditions found thereon or therein, to determine or prove the existence of violations of any ordinance or Code Section of the Code of the City of Milan, Missouri, relating to the use, condition or occupancy of property or structures located within the City of Milan, Missouri, or to enforce the provisions of any such ordinance or Code Section.
2. 
The Judge of the Municipal Division, having original and exclusive jurisdiction to determine violations against the ordinances of the City of Milan, Missouri, may issue an 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 Milan, Missouri, at the time of the making of the application; 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 the same after official request by the City of Milan, Missouri, Mayor or his/her designee.
3. 
Any such warrant shall be directed to the City of Milan, Missouri, Mayor or his/her designee, and shall be executed by the City of Milan, Missouri, Mayor or his/her designee within the Milan, Missouri, City limits and not elsewhere.
B. 
Who May Apply For Warrant — Contents Of Application.
1. 
The City of Milan, Missouri, Mayor, or his/her designee, or the attorney for the City of Milan, Missouri, may make application to the Municipal Judge for the 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 Mayor or his/her designee to allow such action and has refused to allow such action;
e. 
State facts sufficient to show probable cause for the issuance of a search warrant, as provided in Subsection (C) hereof, 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 that any required due process has been afforded prior to the entry or seizure;
f. 
Be verified by the oath or affirmation of the application; 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.
C. 
Hearing And Procedure — Contents Of Warrant — Execution And Return.
1. 
Hearing And Procedure.
a. 
The Municipal Judge shall hold a non-adversary hearing to determine whether probable cause exists to inspect or search for violations of any City of Milan, Missouri, ordinance or Code Section, or to enforce any such ordinance or Code Section.
b. 
In doing so, the Municipal Judge shall determine whether the action to be taken by the City of Milan, Missouri, Mayor or his/her designee 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 of Milan, Missouri, ordinance or Code Section and the passage of time since the property's last inspection. The standard for issuing a warrant need not be limited to actual knowledge of an existing violation of a City of Milan, Missouri, ordinance or Code Section.
c. 
If it appears from the application and any supporting affidavit, if any, that there is probable cause to inspect or search for violations of any City of Milan, Missouri, ordinance or Code Section, or to enforce any such ordinance or Code Section, 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 copy of the warrant as issued shall be retained in the records of the Municipal Court.
2. 
Contents Of Search Warrant. The search warrant shall:
a. 
Be in writing and in the name of City of Milan, Missouri, Mayor or his/her designee;
b. 
Be directed to any Police Officer in the City of Milan, Missouri;
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 that the officer executing the warrant can readily ascertain it;
e. 
Command that the described property or places to be searched or entered upon, and that any evidence of any City of Milan, Missouri, ordinance 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 filing of the application, to the Municipal Judge who issued the warrant, to be dealt with according to law;
f. 
Be signed by the Judge, with his/her title of office indicated.
3. 
Execution And Return.
a. 
A search warrant issued under this Section shall be executed only by the City of Milan, Missouri, Mayor or his/her designee; provided, however, that one (1) or more designated City of Milan, Missouri, officials may accompany the officer, and the warrant shall be executed in the following manner:
(1) 
The warrant shall be executed by conducting the search, inspection, entry or seizure as commanded and shall be executed as soon as practicable and in a reasonable manner.
(2) 
The officer shall give the owner or occupant of the property searched, inspected or entered upon a copy of the warrant if such owner or occupant can be located or if not then a copy of the warrant shall be left at the property in a conspicuous place.
(3) 
If any property is seized incident to the search:
(a) 
The City of Milan, Missouri, Mayor or his/her designee shall give the person from whose possession it was taken, if the person is present, an itemized receipt for the property taken. If no such person is present, the officer shall leave the receipt at the site of the search in a conspicuous place.
(b) 
A copy of the itemized receipt of any property taken shall be delivered to an attorney for the City of Milan, Missouri, within two (2) working days of the search.
(c) 
The disposition of property seized pursuant to a search warrant under this Section shall be in accordance with applicable City of Milan, Missouri, ordinance or Code Section, but in the absence of same, then with Section 542.301, RSMo.
(4) 
The City of Milan, Missouri, Mayor or his/her designee 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.
(5) 
The City of Milan, Missouri, Mayor or his/her designee making a search pursuant to an invalid warrant, the invalidity is not apparent on its face, may use such force as he/she would be justified in using if the warrant were valid.
(6) 
A search warrant shall expire if it is not executed and the required return made within ten (10) days after the date of making of the application.
b. 
After execution of the search warrant:
(1) 
The warrant, with a return thereon signed by the officer making the search, shall be delivered to the Municipal Court.
(2) 
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.
(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 herein, and in such a case a description of the property seized shall accompany the return.
D. 
Warrant Invalid, When. A search warrant shall be deemed invalid:
1. 
If it was not issued by the Municipal Judge;
2. 
If it was issued without a written application having been filed and verified;
3. 
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)(1)(b) hereof;
4. 
If it was not issued with respect to property or places in Milan, Missouri;
5. 
If it does not describe the property or places to be searched, inspected, entered upon or seized with sufficient certainty;
6. 
If it is not signed by the Judge who issued it; or
7. 
If it was not executed and the required return made within ten (10) days after the date of the making of the application.