[Ord. No. 586, 10-16-2018[1]]
A.
There
is hereby established in the City of Crystal Lake Park a Municipal
Court, to be known as the Crystal Lake Park Municipal Division of
the Circuit Court for St. Louis County, Missouri.
B.
The
municipal court shall have jurisdiction to hear and determine all
cases arising under the ordinances of the City and shall have such
powers, duties, and privileges as are or may hereafter be authorized
by law, including:
1.
Establishing a Traffic Violations Bureau as provided for in the Missouri
Rules of Practice and Procedure in Municipal and Traffic Courts and
Section 479.050, RSMo.;
2.
Administering oaths and enforcing due obedience to all orders, rules
and judgments made, and may fine or imprison for contempt in the same
manner and to the same extent as a Circuit Court Judge;
3.
Commuting the term of any sentence; staying execution of any fine
or sentence, suspending any fine or sentence and making such other
orders relative to any matter pending in the municipal court;
4.
Making and adopting such rules of practice and procedure as are necessary
to carry out the provisions of this Chapter, Chapter 479, RSMo., and
any applicable rule or order of any superior court; and
5.
Issuing administrative warrants as provided in this Code.
[1]
Editor’s Note: This ordinance also repealed former Section
125.010, Municipal Violations to be heard by Associate Circuit Court.
[Ord. No. 586, 10-16-2018]
A.
The
court shall be presided over by a Municipal Judge who shall be appointed
by the Crystal Lake Park Board of Alderpersons. The Board of Alderpersons
shall also appoint a provisional judge, who shall preside over the
court if the Municipal Judge is absent or is unable to act or if the
office is vacant. If both the Municipal Judge and the provisional
judge are absent or unable to act, or if both offices are vacant,
the Presiding Judge of the St. Louis County Circuit Court shall appoint
an eligible and duly qualified person to act as judge of the municipal
court until such time as the absence, unavailability, or vacancy is
resolved.
B.
The
Municipal Judge and the provisional judge:
1.
Shall be appointed for terms of two (2) years;
2.
Shall be residents of Missouri and licensed Members of the Missouri
Bar for at least five (5) years prior to appointment;
3.
Shall be at least twenty-five (25), but not more than seventy-five
(75), years in age; and
4.
Shall hold no other office in the City of Crystal Lake Park.
C.
The
Municipal Judge and provisional judge shall be part-time positions,
and they shall receive compensation as determined by the Board of
Alderpersons. The Municipal Judge and the provisional judge may, within
the requirements of the Missouri Supreme Court's Code of Judicial
Conduct and any other applicable rule, hold other employment.
D.
The
judges of the municipal court shall be subject to the rules of the
St. Louis County Circuit Court and the rules of the Missouri Supreme
Court. The Presiding Judge of the St. Louis County Circuit Court shall
have general administrative authority over the Municipal Court and
its personnel and operations.
[Ord. No. 586, 10-16-2018]
A.
The
Board of Alderpersons shall select and employ a Municipal Court Clerk,
and such assistant clerks as may be necessary or desirable, whose
duties shall be as follows:
1.
To take oaths and affirmations and to accept signed complaints and
allow the same to be signed and sworn to or affirmed;
2.
To sign and issue subpoenas and subpoenas duces tecum;
3.
To accept the appearance, waiver of trial, plea of guilty, and payment
of fine and costs in the Traffic Violations Bureau and to generally
act as Violations Clerk of the Traffic Violations Bureau;
4.
To collect fines and court costs; and
5.
To perform all other duties as may be provided by applicable court
rule, Statute or ordinance.
[Ord. No. 586, 10-16-2018]
There is hereby created the office of Prosecuting Attorney;
who shall be appointed by the Board of Alderpersons and whose compensation,
terms, and conditions of service shall be fixed by contract. The Prosecuting
Attorney shall be licensed to practice law in the State of Missouri
and shall, on behalf of the City, prosecute the violation of the ordinances
of the City before the Municipal Court and the St. Louis County Circuit
Court.
[Ord. No. 586, 10-16-2018]
A.
Court
costs for each municipal ordinance violation case filed in the Municipal
Court shall be twelve dollars ($12.00). The costs authorized herein
are in addition to service costs; witness fees and jail costs otherwise
authorized. No fees for the judge or the prosecutor shall be assessed
as costs. For those cases where there is an application for a trial
de novo, there shall be an additional fee of thirty dollars ($30.00)
that shall be assessed as costs in the same manner as provided above.
The Municipal Judge shall have the authority and discretion to waive
the assessment of these costs.
B.
Alcohol Or
Drug Test Recoupment. In addition to any other penalties and costs
provided by law or ordinance, the court may order any person convicted
of an alcohol or drug-related traffic offense to reimburse the City
for the costs associated with the arrest of such person: Such costs
shall include the reasonable cost of making the arrest, including
the cost of any chemical test made 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. A schedule of such costs
shall be established by the police department and filed with the Municipal
Court Clerk, and the court may impose costs in accordance with the
schedule or may order the costs reduced if the court determines the
costs are excessive.
C.
Crime Victim's Compensation Fund. An additional sum of seven dollars fifty cents ($7.50) shall be assessed and added to the basic costs in Subsection (A) hereof for the Crime Victim' s Compensation Fund, 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:
D.
Peace
Officer Training.
1.
In addition to any fine or other costs that may be imposed by the
Municipal Judge, there shall be assessed as costs in all cases, except
those that have been dismissed by the court, the sum of two dollars
($2.00) for the training of peace officers. This fee shall be transmitted
monthly to the City Treasury.
2.
An additional one dollar ($1.00) shall be assessed as costs in all
cases, except those that have been dismissed by the court, to be deposited
with the State Treasurer in the Peace Officer Standards and Training
Commission Fund, to be used Statewide for training of Peace Officers.
E.
Inmate
Security Fund. In addition to any other fines or court costs, an additional
surcharge in the sum of two dollars ($2.00) shall be assessed in each
ordinance violation case, except those in which the proceeding or
defendant has been dismissed by the court or the costs are to be paid
by the City, to be collected and disbursed for any costs related to
biometric verification, custody and housing of prisoners as defined
in Section 488.5026, RSMo.
F.
The
Municipal Court may take the costs of incarceration into account when
imposing sentence, however, no fine which includes costs of incarceration
may exceed the maximum fine which a Municipal Court may lawfully impose
under State law.
G.
As
provided in Section 488.014, RSMo., no refund shall be required for
overpayment of court costs of five dollars ($5.00) or less, nor shall
the clerk be required to pursue unpaid amounts less than five dollars
($5.00).
[Ord. No. 586, 10-16-2018]
A.
Any person having been released from arrest, with or without a warrant, who shall breach any condition set for the release may be rearrested on order of the court. In addition, any person who willfully fails to appear before any court or judicial officer, as required by the terms of any conditional release for a court appearance or by any recognizance or other bond, shall upon conviction be guilty of violating this Section and may be punished as provided in Section 100.220 of this Code.
B.
If
there is a breach of any condition of any bond submitted to the court,
the judge may declare a forfeiture of that bond. The court shall have
the further authority to effect justice in such matters including,
but not limited to, those authorities set forth in Rule 37.26 of the
Supreme Court of the State of Missouri. When a forfeiture has not
been set aside, the judge, on the motion of the prosecutor, may enter
a judgment of default and execution may issue thereon. By entering
into a bond, the obligors submit to the jurisdiction of the Crystal Lake
Park Municipal Division of the Circuit Court for St. Louis County,
Missouri, and irrevocably appoint the Clerk of that Division Court
as their agent upon whom any papers affecting their liability may
be served. Their liability may be enforced on the Prosecutor's motion
without the necessity of an independent action. The motion and such
notice of the hearing as the Judge prescribes shall be delivered to
the Clerk of the Division Court and the Clerk shall forthwith mail
a copy to each of the obligors.
[Ord. No. 586, 10-16-2018]
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 a 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 the City's housing, zoning, health,
or safety regulations;
b.
To seize or to photograph, video, copy, or record property or evidence
of property or physical conditions found thereon or therein relating
to such violations; and
c.
To abate physical conditions in violation of the City's housing,
zoning, health, or safety regulations.
2.
The Municipal Judge may issue an administrative warrant consistent
with the requirements of this Section when:
a.
The property to be entered is located within the City, and
3.
Any such warrant shall be directed to and shall be executed by the
Chief of Police or any other Police Officer of the City in conjunction
with the City's code enforcement officer or other appropriate official.
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:
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 or to 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 need 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, or safety
regulations, a search warrant shall 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 Municipal Court Clerk to be dealt with according to law; and
h.
Be signed by the judge, with his or 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, 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 or she deems necessary
to assist him or 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.
If a warrant authorizes abatement of a nuisance or other physical
conditions, the Police Officer shall not be 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 Section 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 or
she would be justified in using if the warrant were valid.
[Ord. No. 586, 10-16-2018]
Notwithstanding anything herein to the contrary, and to the
extent allowed by Chapter 479 of the Revised Statutes of Missouri,
the Board of Alderpersons of the City of Crystal Lake Park may contract
for comprehensive Municipal Court services with any other St. Louis
County jurisdiction that has established in compliance with Chapter
479 its own Municipal Court, and pursuant to such a contract, the
Board of Alderpersons may appoint as its Municipal Court judges and
clerks the same judges and clerks appointed such contracting jurisdiction.
