[Ord. No. 1235-20-08, 9-3-2020]
All Palmyra, Missouri, municipal ordinance violations shall
be heard in the Associate Division of the Tenth Judicial Circuit,
Division 1 at Palmyra, Missouri.
[Ord. No. 1235-20-08, 9-3-2020]
Municipal Court shall be held in the County courthouse of the
Circuit Court of Marion County, Missouri, Division 1, at Palmyra,
Missouri, or at such other place as may be designated by order of
the Court,
[Ord. No. 1235-20-08, 9-3-2020]
As such terms may be used in the ordinances of the City of Palmyra,
they shall have the following meanings:
The words CITY RECORDER, RECORDER'S COURT, and CITY COURT wherever
found in the Charter and Ordinances of the City of Palmyra shall henceforth
be construed to mean the Municipal Court heard in the Associate Division
of the Tenth Judicial Circuit, Division 1 at Palmyra, Missouri.
CITY
The City of Palmyra, Missouri.
COURT
The Circuit Court of Marion County, Missouri, Municipal Division,
at Palmyra, Missouri.
JUDGE
A Judge of the Associate Circuit Division of Marion County,
Division 1 at Palmyra, Missouri, sitting as Municipal Judge.
[Ord. No. 1235-20-08, 9-3-2020; Ord. No. 1238-21-01, 1-7-2021]
A. Whenever
any person is convicted or pleads guilty of violating any ordinance
of the City in the Associate Division, such person shall be adjudged
to pay the following costs:
1. In every case where there is a conviction or a plea of guilty, the
clerk fee shall be the sum of fifteen dollars ($15.00).
2. Seven dollars ($7.00) shall be assessed for the funding of the City
of Palmyra's participation in the Statewide court automation system
as established by Section 476.056, RSMo.
3. Two dollars ($2.00) shall be assessed for the funding of local police
training.
4. The Court shall impose an additional cost of two dollars ($2.00)
in each case, which sum shall be collected and disbursed for the purpose
of providing for the operating expenses for shelters for battered
persons as defined in Sections 455.200 through 455.230, RSMo.
5. One dollar ($1.00) shall be assessed for the peace officer training
fund fee as established by Section 488.5336, RSMo.
6. Seven dollars and fifty cents ($7.50) shall be assessed for the crime
victims' unit compensation fund as established by Section 488.5339
and 595.045, RSMo.
7. Three dollars ($3.00) shall be assessed for the Sheriff's Retirement
Fund, as provided in Section 57.955, RSMo.
B. All
such costs shall be assessed against the defendant except when by
law Court costs may not be assessed, and shall be collected by the
Associate Division Judge and/or Clerk. The costs so collected shall
be paid as provided by Statute and Supreme Court Operating Rules.
[Ord. No. 1235-20-08, 9-3-2020]
In accordance with Section 302.302.4, RSMo., the Municipal Court
may, in connection with the disposition of any offense resulting in
the assessment of points by the State Director of Revenue under the
provisions of Subdivision (1), (2), or (4) of Subsection 1 of Section
302.302, RSMo., or under Subsection 2 of Section 302.302, RSMo., order
the completion of a driver improvement program. The completion of
a driver improvement program shall not be ordered more than one (1)
time in any thirty-six (36) month period and must be completed within
sixty (60) days of the date of conviction. The Clerk of the Court
shall, within fifteen (15) days after completion of the driver improvement
program by a chauffeur or operator, forward a record of the completion
to the Director of Revenue.
[Ord. No. 1235-20-08, 9-3-2020]
A. Probation.
The Judge is hereby authorized to order probation for a person who
pleads guilty or is found by the Court to be guilty of violating any
ordinance of the City which is punishable by a fine and/or imprisonment,
and such probation may include one (1) or more of the following provisions:
1. Suspended imposition of sentence.
2. The performance of a designated amount of community service for the
City, or if there is no community service needed by the City, for
some other public or charitable entity as shall be determined by the
Judge.
3. Compensation to the victim, if any.
4. Completion of treatment programs.
B. Restitution.
The Judge may also order that a defendant who is found guilty make
restitution to his/her victim.
[Ord. No. 1235-20-08, 9-3-2020]
A. A person
commits the offense of failure to comply with a subpoena if, after
being duly served with a subpoena issued by the Municipal Court, the
person fails to appear at the time and in the manner directed in the
subpoena or to do any other act required by the subpoena.
B. Any
person violating the provisions of this Section shall be fined not
less than five dollars ($5.00) nor more than five hundred dollars
($500.00).
[Ord. No. 1235-20-08, 9-3-2020]
A. A person
commits the offense of failure to appear in Municipal Court if:
1. The person has been issued a summons for a violation of any ordinance
of the City of Palmyra and fails to appear before the Judge at the
time and on the date on which the person was summoned or at the time
and on the date to which the case was continued; or
2. The person has been released upon recognizance of bond and fails
to appear before the Judge of the Municipal Court at the time and
on the date on which the person was summoned or at the time and on
the date to which the case was continued.
B. Nothing
in this Section shall prevent the exercise by the Municipal Court
of its power to punish for contempt.
C. Any
person violating the provisions of this Section shall be fined not
less than five dollars ($5.00) nor more than five hundred dollars
($500.00).
[Ord. No. 1235-20-08, 9-3-2020]
A. There
is assessed as costs the sum established by ordinance in each Court
proceeding in the Associate Division for the violation of any ordinance
of the City, except for violations of non-moving traffic violations.
B. It
shall be the duty of the Associate Division Judge and/or Clerk to
collect the Court costs in such cases. The costs shall be transmitted
monthly as provided by Statute to the treasury of the City of Palmyra.
C. The
funds collected by virtue of this Section shall be used by the City
to pay for the training of City of Palmyra Police Officers.
[Ord. No. 1235-20-08, 9-3-2020]
A. A fee
of seven dollars and fifty cents ($7.50), or such fee as may be hereafter
authorized by State Statute, shall be assessed as costs in each Court
proceeding in the Associate Division, as required by Section 595.045.1,
RSMo., except no such fee shall be collected where the proceedings
or defendant has been dismissed, or where costs are paid by the State,
County or municipality on behalf of the indigent defendant.
B. The
monies collected by the Clerk shall be paid at least monthly, as follows;
1. Ninety-five percent (95%) shall be paid to the Director of Revenue
of the State; and
2. Five percent (5%) shall be paid to the City treasury.
C. The
Clerk of the Associate Division shall keep a record of all delinquent
payments.
[Ord. No. 1235-20-08, 9-3-2020]
A. Search
Warrant Defined — Who May Issue, Executed.
1. An administrative search warrant is a written order of the Associate
Division 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 City relating to the use, condition or occupancy of property
or structures located within the City, or to enforce the provisions
of any ordinance or Code Section.
2. The Associate Division Judge having original and exclusive jurisdiction
to determine violations against the ordinances of the municipality
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 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 same after
official request by the City.
3. 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 within the City limits and not elsewhere.
B. Who
May Apply For Warrant — Contents Of Application.
1. Any Police Officer or attorney of the City may make application to
the Associate Division Judge for the issuance of an administrative
search warrant.
2. The application shall:
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 particularly 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 City
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, to:
(1)
Search or inspect for violations of an ordinance or Code Section
specified in the application; or
(2)
Show that the 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 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 Associate Division 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 Procedures — Contents Of Warrant — Execution And Return.
1. Hearing And Procedure.
a. The Judge shall hold a non-adversary hearing to determine whether
the probable cause exists to inspect for violations of any City ordinance
or Code Section, or to enforce any ordinance or Code Section.
b. In doing so the Judge shall determine whether the action to be taken
by the City is reasonable in light of the facts stated. The Associate
Division 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 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 ordinance or Code Section.
c. If it appears from the application and any supporting affidavit that
there is probable cause to inspect or search for violations of any
City ordinance or Code Section, or to enforce any such ordinance or
Code Section, a search warrant shall be immediately 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 Associate
Division Court.
2. Contents Of Search Warrant. The warrant shall:
a. Be in writing and in the name of the owner or occupant of the place
to be searched or inspected;
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 particularly that the officer executing
the warrant can easily ascertain it;
e. Command that the described property or places be searched or entered
upon, and that any evidence of any City 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 Associate Division Judge
who issued the warrant, to be dealt with according to law.
3. Execution And Return.
a. A search warrant issued under the ordinance codified in 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:
(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.
(3)
Regarding Property Seized.
(a)
If any property is seized incident to the search, 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 in a conspicuous place.
(b)
A copy of the itemized receipt of any property taken shall be
delivered to an attorney within two (2) working days of the search.
(c)
The disposition of the property seized pursuant to a search
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.
(4)
The officer 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)
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 be would be justified in using if the warrant were valid.
b. After execution of the search warrant, the warrant, with a return
thereon signed by the officer making the search shall be delivered
to the Associate Division Court. 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. 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.