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