City of Merriam Woods, MO Chapter 125 Municipal Court

Section 125.010 Court Established.

Merriam Woods municipal ordinance violation cases shall be heard and determined by Associate Circuit Judges as provided by Chapter 479, RSMo.

Section 125.020 Court Costs.

A. In addition to any fine that may be imposed by the Municipal Judge in any case filed in the Merriam Woods Municipal Division of the Associate Circuit Court of Taney, 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 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 may also be assessed a cost of up to four dollars ($4.00) for the purpose of providing operating expenses for shelters for battered persons as set out in Section 488.607, RSMo.

5. There shall be assessed a surcharge of seven dollars ($7.00) for the Statewide Court Automation Fund.

6. 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.

7. 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.

8. 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.

9. 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.

10. 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 Merriam Woods 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.

11. Judicial Education Fund.

a. A City by ordinance may provide for fees in an amount per case to be set pursuant to Sections 488.010 to 488.020, RSMo., for each municipal ordinance violation case filed before a Municipal Judge, and in the event a defendant pleads guilty or is found guilty, the Judge may assess costs against the defendant except in those cases where the defendant is found by the Judge to be indigent and unable to pay the costs. The fees authorized in this Subsection are in addition to service charges, witness fees and jail costs that may otherwise be authorized to be assessed, but are in lieu of other Court costs. The fees provided by this Subsection shall be collected by the Municipal Division Clerk in municipalities electing or required to have violations of municipal ordinances tried before a Municipal Judge pursuant to Section 479.020, RSMo., or to employ judicial personnel pursuant to Section 479.060, RSMo., and disbursed as provided in Subsection (1) of Section 479.080, RSMo. Any other Court costs required in connection with such cases shall be collected and disbursed as provided in Sections 488.010 to 488.020, RSMo.; provided that, each Municipal Court may establish a Judicial Education Fund and an Appointed Counsel Fund, each in separate accounts under the control of the Municipal Court to retain one dollar ($1.00) of the fees collected on each case. The fees collected shall be allocated between the two (2) funds as determined by the Court. The Judicial Education Fund shall be used only to pay for:

(1) The continuing education and certification required of the Municipal Judges by law or Supreme Court Rule; and

(2) Judicial education and training for the Court Administrator and Clerks of the Municipal Court.

b. The Appointed Counsel Fund shall be used only to pay the reasonable fees approved by the Court for the appointment of an attorney to represent any defendant found by the Judge to be indigent and unable to pay for legal representation, and where the Supreme Court rules or the law prescribes such appointment. Provided further, that no Municipal Court shall retain more than one thousand five hundred dollars ($1,500.00) in the Judicial Education Fund for each Judge, Administrator or Clerk of the Municipal Court and no more than five thousand dollars ($5,000.00) in the Appointed Counsel Fund. Any excess funds shall be transmitted quarterly to the General Revenue Fund of the County or Municipal Treasury.

12. Inmate Security Fund.

a. A surcharge of two dollars ($2.00) shall be assessed as costs in each Court proceeding filed in any Court in any City adopting such a surcharge, in all violations of any municipal ordinance; except that no such fee shall be collected in any proceeding in any Court when the proceeding or the defendant has been dismissed by the Court or when costs are to be paid by the City. A surcharge of two dollars ($2.00) shall be assessed as costs in a Juvenile Court proceeding in which a child is found by the Court to come within the applicable provisions of Subdivision (3) of Subsection (1) of Section 211.031, RSMo.

b. The Treasurer shall deposit funds generated by the surcharge into the "Inmate Security Fund." Funds deposited shall be utilized to acquire and develop biometric verification systems and information sharing to ensure that inmates, prisoners, or detainees in a holding cell facility or other detention facility or area which holds persons detained only for a shorter period of time after arrest or after being formally charged can be properly identified upon booking and tracked within the local law enforcement administration system, criminal justice administration system, or the local jail system. Upon the installation of the information sharing or biometric verification system, funds in the inmate prisoner detainee security fund may also be used for the maintenance, repair, and replacement of the information sharing or biometric verification system, and also to pay for any expenses related to detention, custody, and housing and other expenses for inmates, prisoners, and detainees.

Section 125.025 No Charge Or Fee For Police Reports Or Other Documents Or Videos, When.

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.

Section 125.030 Administrative Warrants.

[Ord. No. 2021-6, 8-10-2021]

A. Procedures Governing Administrative Warrants.

1. Administrative Warrant Defined — Who May Issue, Execute.

a. 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 issue only in conformance with this Section and only for the enforcement of the City's housing, zoning, health and safety regulations, specifically:

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

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

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

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

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

(2) The owner or occupant of the property to be entered:

(a) Has refused to allow same after official request by the City; or

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

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

c. Any such warrant shall be directed to the Chief of Police or any other Police Officer of the City and shall be executed by the Chief of Police or said Police Officer, in conjunction with the appropriate Code Enforcement Officer or other appropriate official, within the City limits and not elsewhere.

2. Who May Apply For Warrant — Contents Of Application.

a. Any Code Enforcement Officer or Police Officer may prepare an application for the issuance of an administrative warrant. Following review and approval by the Chief of Police or the Chief's designee, the applicant may then request that the City's Prosecuting Attorney or City Attorney submit a warrant application on behalf of the applicant to the Municipal Judge.

b. The application shall:

(1) Be in writing;

(2) State the time and date of the making of the application;

(3) 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:

(a) Has been requested by the City to allow such action and has refused to allow such action; 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 Municipal Court.

c. 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 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.

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

a. Hearing And Procedure.

(1) The Municipal Judge shall determine whether probable cause exists to enter the private property for the purposes noted herein.

(2) 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.

(3) 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 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.

b. Contents Of Warrant. The warrant shall:

(1) Be in writing and in the name of the City;

(2) Be directed to any Police Officer in the City;

(3) State the time and date the warrant was issued;

(4) Identify the property to be entered in sufficient detail and particularity that the officer executing the warrant can readily ascertain it;

(5) Command that the described property be entered for one (1) or more specified enforcement purposes as provided herein, identify the regulation sought to be enforced, and direct that any evidence of any suspected property violations 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, to be dealt with according to law;

(6) Be signed by the judge, with his/her title of office indicated.

c. Execution And Return.

(1) A warrant issued under this Section shall be executed only by a City Police Officer, provided, however, that one (1) or more designated City officials shall accompany the officer, and the warrant shall be executed in the following manner:

(a) The warrant may be issued by facsimile or other electronic means.

(b) The warrant shall be executed by conducting the private property entry as commanded and shall be executed as soon as practicable and in a reasonable manner.

(c) The officer shall give the owner or occupant of the property entered a copy of the warrant.

(d) If any property is seized incident to the entry, 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, or if no such person is ascertainable, the officer shall leave the receipt at the site of the entry in a conspicuous place.

(i) 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 execution of the warrant.

(ii) 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 of the Revised Statutes of Missouri.

(e) The officer may summon as many persons as he/she deems necessary to assist him/her in executing the warrant.

(f) An officer executing an invalid warrant, the invalidity of which is not apparent on its face, may use such force as he/she would be justified in using if the warrant were valid.

(g) A 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.

(2) After execution of the warrant, the warrant, with a return thereon signed by the officer executing the warrant, shall be delivered to the Municipal Court in the following manner:

(a) 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 entered.

(b) 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.

(3) 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 entered or seized.

4. Warrant Invalid, When. A 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 ordinance to be enforced and such other factors as provided in Subsection (A)(3)(c)(1)(b) hereof;

d. If it was not issued with respect to property in the City;

e. If it does not describe the property or places to be entered, inspected or seized with sufficient certainty;

f. If it is not signed by the judge who issued it; or

g. If it was not executed and the required return made within ten (10) days after the date of the making of the application.