City of Russellville, MO Chapter 125 Municipal Court

Section 125.010 Court Established.

[Ord. No. 69-2021, 1-21-2021]

A. The 19th Judicial Circuit of Cole County, Missouri, is hereby designated as the Municipal Court of Russellville, Missouri.

B. Effective Date. Russellville shall transfer all of its records concerning the Russellville Municipal Court in a timely manner, and the Court shall be established in Butler, Missouri, at the Cole County Circuit Courthouse, effective February 1, 2021.

Section 125.020 Court Costs.

[Ord. No. 69-2021, 1-21-2021]

A. Court Costs. In addition to any fine that may be imposed by the Judge, there shall be assessed as costs in all cases where the defendant pleads guilty or is found guilty the following:

1. Clerk fee in the amount of fifteen dollars ($15.00). [Section 488.012(6), RSMo.]

2. Statewide Court Automation Fund fee in the amount of seven dollars ($7.00). (Section 488.027, RSMo.)

3. Law Enforcement Training Fund fee in the amount of two dollars ($2.00). (Section 488.5336, RSMo.)

4. Peace Officers Standards and Training Commission Fund fee in the amount of one dollar ($1.00). (Section 488.5336, RSMo.)

5. Crime Victims' Compensation Fund fee in the amount of seven dollars and fifty cents ($7.50). (Section 488.5339, RSMo.)

6. Sheriffs' Retirement Fund surcharge in the amount of three dollars ($3.00). (Section 57.955, RSMo.)

B. A trial de novo application shall be thirty dollars ($30.00). (Section 488.012, RSMo.)

C. Additional Costs In Specific Cases.

1. Costs for issuance of a warrant, commitment, summons, subpoena, continuance, or other process or proceeding as provided before the Associate Circuit Judge in criminal cases in the 19th Judicial Circuit.

2. Apprehension and confinement costs shall be the actual costs assessed against the City by the County Sheriff.

3. The actual expense incurred in any other confinement facility.

4. Mileage in the same amount as authorized for the Sheriff for each mile or fraction thereof an officer must travel (round trip) in order to serve any warrant, commitment, or order of the Court.

a. For violations of City ordinances involving alcohol- or drug-related traffic offenses, the Court may, in addition to the imposition of any penalties provided by law, order the convicted person to reimburse the City or Sheriff's Department which made the arrest for the costs associated with such arrest as provided in Section 488.5334, RSMo. Such costs shall include the reasonable cost of making the arrest, including the cost of any chemical test made under Chapter 577, RSMo., 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.

b. The City or Sheriff may establish a schedule of such costs; however, the Court may order the costs reduced if it determines that the costs are excessive.

D. Court Costs Assessment. The costs of any action may be assessed against the prosecuting witness and a judgment entered against the witness ordering the witness to pay the same and that the witness be committed until the costs are paid in any case where the Municipal Judge finds that the prosecution commenced vexatiously or without probable cause or, in such case when the prosecuting witness fails to appear without good cause, or upon appearing, refuses to testify on other constitutional grounds.

Section 125.030 Bail Or Appearance Court Bonds, Failure To Appear, Payment Of Fines, Costs In Lieu Of Appearance.

[Ord. No. 69-2021, 1-21-2021]

A. Court Bonds.

1. Any person arrested for the violation, failure, neglect, or refusal to comply with any provision, regulation, or requirement of any ordinance may be admitted to bail by executing a bail bond to the City with good and sufficient security to be approved by the Judge, or in his/her absence or inaccessibility, by the Clerk of the Court, in the amount of not less than two dollars ($2.00) and not more than five hundred dollars ($500.00), conditioned that such person shall appear upon the day named therein [no later than thirty (30) days from the date of the bond], before the Court and await the trial upon the charge against him/her.

2. Every bail bond shall be filed forthwith with the Clerk of the Court by the officer taking the bond, provided that no attorney, Police Officer, or any officer of the City, whether elected or appointed, shall be taken as security upon any bail provided for in this Section.

3. In lieu of sureties on the bond, the Judge, or in the Judge's absence or inaccessibility, the Clerk of the Court, may permit the posting of a cash bond, and the Chief of Police or any officer in charge of the Police Department shall state on the bail bond the receipt of the cash deposit.

4. The City shall in no manner be responsible to any depositor of a cash bail bond. However, the person receiving the cash deposit shall be prosecuted by the City Attorney or other proper officer for failure to account for and pay over the deposit.

B. Failure Of Defendant To Appear.

1. If a defendant giving a bail bond or cash bond shall fail to appear when and where the case is called in the Court, the Judge may order the defendant to be apprehended and brought before him/her, or the Judge may render a judgment or forfeiture for the full amount of the bond or deposit, at which time the bond or deposit shall be forfeited.

2. If a bail bond has been given, the amount of the judgment thereon shall be collected from the defendant and his/her sureties according to law, including the issuance of execution.

a. If a cash deposit has been made and the deposit is declared forfeited, the deposit shall at once be delivered to the Chief of Police, who shall make an entry of its receipt as part of the record of the case and shall hold the money for four (4) days, at the end of which the Chief of Police shall deliver the money to the City Clerk.

b. The Judge may, for good cause, set aside the forfeiture at any time within four (4) days from the date of forfeiture.

C. Payment Of Standard Fine And Costs In Lieu Of Court Appearance. Except for those cases as designated by the Municipal Court that require the appearing in Court by the defendant or for any other offense that the officer who has written the citation indicates that the defendant must appear in Court, a defendant charged with a municipal ordinance violation may pay the standard fine and costs, as approved by the Judge, in lieu of a Court appearance, provided that the payment is made to the Court Clerk prior to the scheduled court date.

Section 125.040 Administrative Warrants.

[Ord. No. 70-2021, 1-21-2021]

A. Definitions. As used in this Section, the following terms shall have the meanings indicated:

ADMINISTRATIVE WARRANT

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.

CODE ENFORCEMENT OFFICIAL

The person or persons appointed by the Mayor to serve in such capacity.

MUNICIPAL COURT

The Municipal Court of the City of Russellville, or the Associate Circuit Court of Cole County if the City has elected to have its cases heard there.

POLICE, POLICE OFFICER, or POLICE CHIEF

So long as the City has contracted with the Cole County Sheriff to provide Law Enforcement in the City, the Sheriff of Cole County or any of his or her deputies.

B. Warrants, When Issued.

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

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

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

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

a. The property to be entered is located within the City; and

b. The owner or occupant of the property to be entered:

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

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

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

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, in conjunction with the appropriate Code Enforcement Officer or another appropriate official, within the City limits and not elsewhere.

C. 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 to be entered, 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:

(1) Has been requested by the City to allow such action and has refused to allow such action; or

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

e. 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;

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 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.

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

1. Hearing And Procedure.

a. The Municipal Judge shall determine whether probable cause exists to enter the private property for the purposes noted herein and whether all other requirements of this Section have been met.

b. In determining probable cause, 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 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.

c. 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, and that all other requirements of this Section have been met, a 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 one (1) copy of the warrant as issued shall be retained in the records of the Municipal Court.

2. Contents Of Warrant. The 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 to be entered in sufficient detail and particularity that the officer executing the warrant can readily ascertain it;

e. 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, abated, or photographed, and a description of such property seized or evidence taken, or a general description of abatement activities, 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;

f. Be signed by the Judge, with his/her title of office indicated.

3. Execution And Return.

a. 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 may accompany the officer, and the warrant shall be executed in the following manner:

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

(2) 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.

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

(4) Receipt Of Property Taken.

(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 for the City within two (2) working days of the execution of the warrant.

(c) Trash, junk, litter, garbage, discarded auto parts, lawn waste, vegetative material which is taken as part of the abatement of a nuisance may be discarded, sold, or recycled as determined by the Code Enforcement Official, and any proceeds therefrom shall be paid to the owner of the property, less the City's costs of abatement. The disposition of any other 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) The officer may summon as many persons as he/she deems necessary to assist him/her in executing the warrant.

(6) 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.

(7) 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.

b. Return Requirements.

(1) 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.

(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 entered.

(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.

(4) 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.

E. Warrant Invalid, When. A 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 (D)(1)(b) hereof;

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

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

6. If it is not signed by the Judge who issued it;

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

8. If it was not issued in compliance with this Section.