The City of Memphis hereby elects to have all violations of
its municipal ordinances heard and determined by an Associate Circuit
Judge of the Circuit Court of Scotland County, Missouri, the County
in which the City of Memphis is located.
The Division of the Circuit Court of Scotland County, Missouri,
which hears and determines violations of the ordinances of the City
of Memphis shall be known as the "Municipal Division of the Circuit
Court of Scotland County, Missouri."
The rules governing the procedure and practice in the Municipal
Court shall be those established and promulgated by the Supreme Court
of Missouri on July 1, 1959, and such subsequent rules as the Supreme
Court shall from time to time establish and promulgate; and any provision
in these ordinances which shall be in conflict with such rules is
hereby repealed.
The Associate Circuit Judge may establish a Violations Bureau
in the City of Memphis, and shall establish such a Bureau when a request
therefor is made by the Board of Aldermen of the City of Memphis.
The Violations Bureau shall operate under the supervision of the Circuit
Court, and the Associate Circuit Judge hearing and determining violations
of the ordinances of the City of Memphis, and shall be operated in
accordance with the rules of the Supreme Court and the rules of the
Circuit Court. All expenses incident to the operation of the Violations
Bureau, including salaries of clerical personnel, shall be paid by
the City of Memphis. The City shall provide suitable quarters for
the Violations Bureau. The Violations Bureau shall accept pleas of
guilty to certain violations of traffic ordinances designated by the
Associate Circuit Judge and shall accept payments of fines established
by the Associate Circuit Judge and Court costs assessed on said pleas
of guilty.
All prosecutions for the violation of City ordinances shall
be instituted by information and may be based upon a complaint. Proceedings
shall be in accordance with the Supreme Court Rule governing practices
and procedures in proceedings before Municipal Judges.
In the trial of violations of the ordinances of the City, a
copy of a City ordinance which is certified by the Clerk of the City
shall constitute prima facie evidence of such ordinance. If such certified
copy is on file with the Clerk of the Municipal Division and readily
available for inspection by the parties, the Judge may take judicial
notice of such ordinance without further proof.
[Ord. No. 1177, 11-4-2021]
A. Search
Warrant Defined — Who May Issue, Execute.
1. An administrative search warrant is a written order of the Municipal
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 of Memphis, relating to the use, condition or occupancy of property
or structures located within the City of Memphis, or to enforce the
provisions of any such ordinance or Code Section.
2. The Municipal 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 of Memphis, Missouri, 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 the same
after official request by the Building Inspector of the City of Memphis,
Missouri, the Building Commissioner of the City of Memphis, Missouri,
the City Marshal, or other Police Officer of the City of Memphis,
Missouri.
3. Any such warrant shall be directed to the City Marshal or any other
Police Officer of the City of Memphis, and shall be executed by the
City Marshal 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 the attorney of the City of Memphis may make
application to the Municipal 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 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 has been requested by the Building
Inspector or the City Marshal 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, as provided in Subsection
(C)(1), 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 and that
any required 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 shall not be
considered.
C. Hearing
And Procedure — Contents Of Warrant — Execution And Return.
1. Hearing And Procedure.
a. The Municipal Judge shall hold a non-adversary hearing to determine
whether probable cause exists to inspect or search for violations
of any City of Memphis ordinance or Code Section, or to enforce any
such ordinance or Code Section.
b. In doing so the Municipal Judge shall determine whether the action
to be taken by the City of Memphis 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 ordinances or Code Sections 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 of Memphis ordinance or Code Section, or to enforce any such
ordinance or Code Section, a search 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 copy of the warrant
as issued shall be retained in the records of the Municipal Court.
2. Contents Of Search Warrant. The search warrant shall:
a. Be in writing and in the name of the City of Memphis, Missouri;
b. Be directed to any Police Officer in the City of Memphis, Missouri;
c. State the time and date the warrant was issued;
d. Identify the property or place to be searched, inspected or entered
upon in sufficient detail and particularly that the officer executing
the warrant can readily ascertain it;
e. Command that the described property or place be searched or entered
upon, and that any evidence of any City ordinance violation 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 Municipal Judge who issued
the warrant, 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 search warrant issued under this Section shall be executed only
by a City of Memphis, Missouri, Police Officer; provided, however,
that one (1) or more designated City of Memphis 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)
Seized Property — Receipt.
(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 the attorney for the City of Memphis within two (2) working
days of the search.
(c)
The disposition of property seized pursuant to a search warrant
under this Section shall be in accordance with an applicable City
of Memphis 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 he/she would be justified in using if the warrant were valid.
(6)
A search 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 Of Warrant After Execution Of Same.
(1)
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.
(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 or places searched or seized.
(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
searched or seized.
D. Warrant
Invalid, When. A search 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
(C)(1)(b), hereof;
4. If it was not issued with respect to property or places in the City
of Memphis;
5. If it does not describe the property or places to be searched, inspected,
entered upon or seized with sufficient certainty;
6. If it is not signed by the Judge who issued it; or
7. If it was not executed and the required return made within ten (10)
days after the date of the making of the application.
E. If
any portion of this Section is declared illegal or void by a court
of competent jurisdiction, the remainder of this Section shall survive
and not be affected thereby.
F. All
Ordinances or parts of Ordinances in conflict with this Section are
hereby repealed insofar as they do conflict.
G. This
Section shall be in full force and effect from and after its adoption
and approval.
When a fine is assessed for violation of an ordinance, it shall
be within the discretion of the Judge assessing the fine to provide
for the payment of the fine on an installment basis under such terms
and conditions as he/she may deem appropriate.
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.