[R.O. 2012 §135.010; CC 1979 §18.1-1; Ord. No. A-4015 §1, 12-11-1978]
There is hereby established in this City a Municipal Court,
to be know as the "Monett Municipal Court, a Division of the 39th
Judicial Circuit Court of the State of Missouri". This Court is a
continuation of the Police Court of the City as previously established,
and is termed herein "the Municipal Court".
[R.O. 2012 §135.020; CC 1979 §18.1-2; Ord. No. A-4015 §2, 12-11-1978]
The jurisdiction of the Municipal Court shall extend to all
cases involving alleged violations of the ordinances of the City.
[R.O. 2012 §135.030; CC 1979 §18.1-3; Ord. No. A-4015 §3, 12-11-1978]
[R.O. 2012 §135.040; CC 1979 §18.1-4; Ord. No. A-4015 §4, 12-11-1978]
The Municipal Judge shall hold his/her office for a period of
two (2) years and shall take office biannually from January 1, 1979.
If for any reason a Municipal Judge vacates his/her office, his/her
successor shall complete that term of office, even if the same be
for less than two (2) years.
[R.O. 2012 §135.050; CC 1979 §18.1-5; Ord. No. A-4015 §5, 12-11-1978; Ord. No. A-4566 §1, 8-9-1984; Ord. No. 7690, 8-21-2006; Ord. No. 7888 §1, 11-20-2008]
A.
The
Municipal Judge shall vacate his/her office under the following circumstances:
1.
Upon removal from office by the State Commission on the Retirement,
Removal and Discipline of Judges, as provided in Missouri Supreme
Court Rule 12;
2.
Upon attaining his/her seventy-fifth (75th) birthday;
3.
Should he/she fail, within six (6) months of his/her selection, to
satisfactorily complete a course of instruction for Municipal Judges
as prescribed by the State Supreme Court; provided, that this provision
shall not apply to any Municipal Judge who is licensed to practice
law in the State; or
4.
He/she resigns.
5.
Removal at will, by the Mayor, with the consent of a majority of
all the members elected to the City Council, or by a two-thirds (2/3)
vote of all the members elected to the Council, independently of the
Mayor's approval or recommendation, pursuant to Section 77.340, RSMo.
[R.O. 2012 §135.060; CC 1979 §18.1-6; Ord. No. A-4015 §6, 12-11-1978; Ord. No. A-4566 §2, 8-9-1984; Ord. No. A-6311 §1, 7-10-1996; Ord. No. 7690, 8-21-2006]
A.
The
Municipal Judge shall possess the following qualifications before
he/she shall take office:
1.
He/she must be a licensed attorney, qualified to practice law within
the State of Missouri;
2.
He/she must be a resident of the State of Missouri;
3.
He/she must be between the ages of twenty-one (21) and seventy-five
(75) years of age;
4.
He/she may not hold any other office within the City Government;
5.
He/she must, within six (6) months after his/her selection to the
position, satisfactorily complete a course of instruction for Municipal
Judges as prescribed by the State Supreme Court; provided that this
provision shall not apply to any person who is licensed to practice
law in the State; and
6.
The Municipal Judge shall be considered holding a part-time position
and as such may accept (within the requirements of the Code of Judicial
Conduct, Missouri Supreme Court Rule 2) other employment.
[R.O. 2012 §135.070; CC 1979 §18.1-7; Ord. No. A-4015 §10, 12-11-1978; Ord. No. A-6866 §1, 9-29-1999]
A.
The
Municipal Judge shall be and is hereby authorized to:
1.
Establish a Violations Bureau as provided for in the Missouri Rules
of Practice and Procedure in Municipal and Traffic Courts and Section
479.050, RSMo.
2.
Administer oaths and enforce due obedience to all orders, rules and
judgments made by him/her, and may fine and imprison for contempt
committed before him/her while holding Court, in the same manner and
to the same extent as a Circuit Judge.
3.
Commute the term of any sentence, stay execution of any fine or sentence,
suspend any fine or sentence and make such other orders as the Municipal
Judge deems necessary relative to any matter that may be pending in
the Municipal Court.
4.
Make and adopt such rules of practice and procedure as are necessary
to implement and carry out the provisions of this Chapter, and to
make and adopt such rules of practice and procedure as are necessary
to hear and decide matters pending before the Municipal Court and
to implement and carry out the provisions of the Missouri Rules of
Practice and Procedure in Municipal and Traffic Courts. Any and all
rules made or adopted hereunder may be annulled or amended by an ordinance
limited to such purpose; provided, that such ordinance does not violate,
or conflict with, the provisions of the Missouri Rules of Practice
and Procedure in Municipal and Traffic Courts, or State Statutes.
5.
The Municipal Judge shall have such other powers, duties and privileges
as are or may be prescribed by the laws of this State, this Code or
other ordinances of this City.
[R.O. 2012 §135.080; CC 1979 §18.1-8; Ord. No. A-4015 §7, 12-11-1978]
The Municipal Court of the City shall be subject to the rules
of the Circuit Court of which it is a part and to the rules of the
State Supreme Court. The Municipal Court shall be subject to the general
administrative authority of the Presiding Judge of the Circuit Court
and the Judge and Court personnel of such Court shall obey his/her
directives.
[R.O. 2012 §135.090; CC 1979 §18.1-9; Ord. No. A-4015 §8, 12-11-1978]
The Municipal Judge shall cause to be prepared within the first
ten (10) days of every month a report indicating the following:
A list of all cases heard and tried before the court during
the preceding month, giving in each case the name of the defendant,
the fine imposed, if any, the amount of cost, the names of the defendants
committed and cases where there was an application for trial de novo,
respectively. The same shall be prepared under oath by the Municipal
Court Clerk or the Municipal Judge. This report will be filed with
the City Clerk, who shall thereafter forward the same to the City
Council for examination at its first (1st) session thereafter. The
Municipal Court shall, within the ten (10) days after the first (1st)
of the month, pay to the City Treasurer the full amount of all fines
collected during the preceding months, if they have not previously
been paid.
[R.O. 2012 §135.100; CC 1979 §18.1-10; Ord. No. A-4015 §9, 12-11-1978]
The Municipal Judge shall be a conservator of the peace. He/she
shall keep a docket in which he/she shall enter every case commenced
before him/her and the proceedings therein and he/she shall keep such
other records as may be required. Such docket and records shall be
records of the Circuit Court of Barry County, Missouri. The Municipal
Judge shall deliver the docket and records of the Municipal Court,
and all books and papers pertaining to his/her office, to his/her
successor in office or to the Presiding Judge of the Circuit Court.
[R.O. 2012 §135.110; CC 1979 §18.1-12; Ord. No. A-4015 §12, 12-11-1978]
All warrants issued by a Municipal Judge shall be directed to
the Chief of Police or any other Police Officer of the municipality,
or to the Sheriff of the County. The warrant shall be executed by
Chief of Police, Police Officer or Sheriff of any place within the
limits of the County and not elsewhere unless the warrants are endorsed
in the manner provided for warrants in criminal cases and, when so
endorsed, shall be served in other counties, as provided for in warrants
in criminal cases.
[R.O. 2012 §135.120; CC 1979 §18.1-13; Ord. No. A-4015 §13, 12-11-1978]
The Chief of Police or other Police Officer of the City, shall
without a warrant, make arrest of any person who commits an offense
in his/her presence, but such officer shall, before the trial, file
a written complaint with the Judge hearing violations of municipal
ordinances.
[R.O. 2012 §135.130; CC 1979 §18.1-14; Ord. No. A-4015 §14, 12-11-1978]
Any person charged with a violation of a municipal ordinance
of this City shall be entitled to a trial by jury, as in prosecutions
for ordinance violations before an Associate Circuit Judge. Whenever
a defendant accused of a violation of a municipal ordinance demands
trial by jury, the municipal Court shall certify the case to the Presiding
Judge of the Circuit Court for reassignment.
[R.O. 2012 §135.140; CC 1979 §18.1-15; Ord. No. A-4015 §15, 12-11-1978]
It shall be the duty of an attorney designated by the municipality
to prosecute the violations of the City's ordinances before the Municipal
Judge or before any Circuit Judge hearing violations of the City's
ordinances. The salary or fees of the attorney and his/her necessary
expenses incurred in such prosecutions shall be paid by the City.
The compensation of such attorney shall not be contingent upon the
result in any case.
[R.O. 2012 §135.150; CC 1979 §18.1-16; Ord. No. A-4015 §16, 12-11-1978]
It shall be the duty of the Municipal Judge to summon all persons
whose testimony may be deemed essential as witnesses at the trial
and to enforce their attendance by attachment, if necessary. The fees
of witnesses shall be the same as those fixed for witnesses in trials
before Associate Circuit Judges and shall be taxed as other costs
in the case. When a trial shall be continued by a Municipal Judge,
it shall not be necessary to summon any witnesses who may be present
at the continuance; but the Municipal Judge shall orally notify such
witnesses as either party may require to attend before him/her on
the day set for trial to testify in the case and enter the name of
such witnesses on his/her docket, which oral notice shall be valid
as a summons.
[R.O. 2012 §135.160; CC 1979 §18.1-17; Ord. No. A-4015 §17, 12-11-1978]
A.
If,
in the progress of any trial before a Municipal Judge, it shall appear
to the Judge that the accused ought to be put upon trial for an offense
against the criminal laws of the State and not cognizable before him/her
as a Municipal Judge, he/she shall immediately stop all further proceedings
before him/her as Municipal Judge and cause the complaint to be made
before some Associate Circuit Judge within the County.
B.
For
purposes of this Section, any offense involving the operation of a
motor vehicle in an intoxicated condition as defined in Section 577.001,
RSMo., shall not be cognizable in Municipal Court, if the defendant
has been convicted, found guilty, or pled guilty to two (2) or more
previous intoxication-related traffic offenses as defined in Section
577.023, RSMo., or has had two (2) or more previous alcohol-related
enforcement contacts as defined in Section 302.525, RSMo.
[R.O. 2012 §135.170; CC 1979 §18.1-18; Ord. No. A-4015 §18, 12-11-1978]
If, in the opinion of the Municipal Judge, the City has no suitable
or safe place of confinement, the Municipal Judge may commit the defendant
to the County Jail, and it shall be the duty of the Sheriff, if space
for the prisoner is available in the County Jail, upon receipt of
a warrant of commitment from the Judge, to receive and safely keep
such prisoner until discharged by due process of law. The municipality
shall pay the board of such prisoner at the same rate as may not or
hereafter be allowed to such Sheriff for the keeping of such prisoner
in his/her custody. The same shall be taxed as cost.
[R.O. 2012 §135.180]
A.
Any
Judge hearing violations of municipal ordinances may, when in his/her
judgment it may seem advisable, grant a parole or probation to any
person who shall plead guilty or who shall be convicted after a trial
before such judge. When a person is placed on probation he/she shall
be given a certificate explicitly stating the conditions on which
he/she is being released.
B.
In
addition to such other authority as exists to order conditions of
probation, the court may order conditions which the court believes
will serve to compensate the victim of the crime, any dependent of
the victim, or society in general. Such conditions may include, but
need not be limited to:
C.
A person
may refuse probation conditioned on the performance of free work.
If he/she does so, the court shall decide the extent or duration of
sentence or other disposition to be imposed and render judgment accordingly.
Any County, City, person, organization, or agency, or employee of
a County, City, organization or agency charged with the supervision
of such free work or who benefits from its performance shall be immune
from any suit by the person placed on parole or probation or any person
deriving a cause of action from him/her if such cause of action arises
from such supervision of performance, except for intentional torts
or gross negligence. The services performed by the probationer or
parolee shall not be deemed employment within the meaning of the provisions
of Chapter 288, RSMo.
D.
The
court may modify or enlarge the conditions of probation at any time
prior to the expiration or termination of the probation term.
[R.O. 2012 §135.190]
A.
In
any case tried before a Municipal Judge who is not licensed to practice
law in this State, the defendant shall have a right to trial de novo,
even from a plea of guilty, before a Circuit Judge or an Associate
Circuit Judge.
B.
In
any case tried before a Municipal Judge who is licensed to practice
law in this State or before an Associate Circuit Judge, except where
there has been a plea of guilty or the case has been tried with a
jury, the defendant shall have a right of trial de novo before a Circuit
Judge or upon assignment before an Associate Circuit Judge. An application
for a trial de novo shall be filed within ten (10) days after judgment
and shall be filed in such form and perfected in such manner as provided
by Supreme Court Rule.
C.
In
any case tried with a jury before an Associate Circuit Judge a record
shall be made and appeals may be had upon that record to the appropriate
Appellate Court.
D.
The
Supreme Court may provide by rule what record shall be kept and may
provide that it be a stenographic record or one made by the utilization
of electronic, magnetic, or mechanical sound or video recording devices.
[R.O. 2012 §135.200; CC 1979 §18.1-21; Ord. No. A-4015 §21, 12-11-1978]
In all cases in which a jury trial has been demanded, a record
of the proceedings shall be made, and appeals may be had upon that
record to the appropriate Appellate Court.
[R.O. 2012 §135.210; CC 1979 §18.1-22; Ord. No. A-4015 §22, 12-11-1978]
In the case of a breach of any recognizance entered into before
the Municipal Judge or an Associate Circuit Judge hearing a Municipal
ordinance violation case, the same shall be deemed forfeited and the
Judge shall cause the same to be prosecuted against the principal
and surety, or either of them, in the name of the Municipality as
plaintiff. Such action shall be prosecuted before a Circuit Judge
or Associate Circuit Judge, and in the event of cases caused to be
prosecuted before the Municipal Judge, such shall be on the transcript
of the proceedings before the Municipal Judge. All monies recovered
in such actions shall be paid over to the Municipal Treasury to the
General Revenue Fund of the Municipality.
[R.O. 2012 §135.220; CC 1979 §18.1-23; Ord. No. A-4015 §23, 12-11-1978]
The Municipal Judge shall be disqualified to hear any case in
which he/she is in anywise interested, or, if before the trial is
commenced, the defendant or the prosecutor files an affidavit that
the defendant or the Municipality, as the case may be, cannot have
a fair and impartial trial by reason of the interest or prejudice
of the Judge. Neither the defendant nor the Municipality shall be
entitled to file more than one (1) affidavit of disqualification in
the same case.
[R.O. 2012 §135.230]
A.
If a Municipal Judge be absent, sick or disqualified from acting, the Mayor may request the Presiding Judge of the Circuit Court to designate a special Municipal Judge as provided in Subsection (B) of this Section or the Mayor may designate some competent, eligible person to act as Municipal Judge until such absence or disqualification shall cease; provided however, that should a vacancy occur in the office of an elected Municipal Judge more than six (6) months before a general municipal election, then a special election shall be held to fill such vacancy; and in case of vacancy in the office of an elected Municipal Judge within less than six (6) months of a general municipal election, the office may be filled by a competent, eligible person designated by the Mayor or as provided in Subsection (B) of this Section.
B.
The
Presiding Judge of the Circuit Court may appoint any other Municipal
Judge within the circuit to act as a special Municipal Judge for a
Municipal Judge of the circuit who is absent, sick or disqualified
from acting. The Presiding Judge shall act only upon request of the
Mayor for a special Municipal Judge.
C.
The
City Council shall provide by ordinance for the compensation of any
person designated to act as Municipal Judge under the provisions of
this Section.
[R.O. 2012 §135.240; CC 1979 §18.1-25; Ord. No. A-4015 §25, 12-11-1978]
A.
The
City Council shall appoint a Clerk of the Municipal Court. The duties
of such Clerk shall be as follows:
1.
To collect such fines for violations of such offenses as may be described,
and the Court costs thereof.
2.
To take oaths and affirmations.
3.
To accept signed complaints and allow the same to be signed and sworn
to or affirmed before him/her.
4.
Sign and issue subpoenas requiring the attendance of witnesses and
sign and issue subpoenas duces tecum.
5.
Accept the appearance, waiver of trial and plea of guilty and payment
of fine and costs in Violations Bureau cases or as directed by the
Municipal Judge; generally act as violation Clerk of the Violations
Bureau.
6.
Perform all other duties as provided for by ordinance, by rules of
practice and procedure adopted by the Municipal Judge and by the Missouri
Rules of Practice and Procedure in Municipal and Traffic Courts and
by Statute.
[R.O. 2012 §135.250; CC 1979 §18.1-26; Ord. No. A-3986 §1, 9-6-1978; Ord. No. A-4015 §26, 12-11-1978; Ord. No. A-4974 §1, 4-15-1988; Ord. No. A-5660 §I, 2-10-1993; Ord. No. A-6425 §1, 12-30-1996; Ord. No. A-6867 §1, 12-29-1999; Ord. No. A-7073 §1, 8-29-2001]
A.
In
addition to any fine that may be imposed by the Municipal Judge there
shall be assessed as costs in all cases the following:
1.
Costs of Court in the amount of twelve dollars ($12.00).
2.
A fee up to two dollars ($2.00) as costs in each Court proceeding
filed in any Court in the State for violations of general criminal
laws of the State, including infractions or violations of general
criminal laws of the State, including infractions or violations of
municipal ordinances. These funds should be used only for the training
of Peace Officers.
3.
A fee of one dollar ($1.00) as costs in each Court proceeding to
be used only for the training of Peace Officers. This fee shall be
deposited with the City Treasurer in the Peace Officer Standards and
Training Commission Fund for the Training Commission Fund. The checks
should be payable to the "Treasurer, State of Missouri", address and
mail check on or before the fifteenth (15th) of each month to: Budget
Director, Department of Public Safety, P.O. Box 749, Jefferson City,
Missouri, 65102.
4.
Pursuant to Section 488.607, RSMo., municipalities are permitted
to add additional Court costs for shelters for battered persons. In
addition to any fine imposed and costs assessed pursuant to law, an
additional cost of two dollars ($2.00) shall be assessed as costs
in each Municipal Court case. The Judge may waive assessment of the
costs in those cases where the defendant is found by the Judge to
be indigent and unable to pay the costs. Costs collected pursuant
to this Section shall be collected by the Clerk of the Municipal Court
and transmitted at least monthly to the City Treasurer for deposit
in a fund for the provision of operating expenses for shelters for
battered persons, pursuant to Section 479.261, RSMo. Said funds shall
stand appropriated upon receipt for use in furtherance for the purposes
of this Section, which is only for the purpose of providing operating
expenses for shelters for battered persons as defined in Sections
455.200 to 455.230, RSMo. The Governing Body of the City of Monett
shall designate an appropriate board, commission, agency or other
body of the City of Monett as the authority to administer the allocation
and distribution of the funds to shelters for victims of domestic
violence in the manner provided in Sections 455.200 to 455.230, RSMo.
The members of the designated authority may be reimbursed from the
special fund for monies actually and necessarily expended in the performance
of their duties under the provisions of Sections 455.200 to 455.230,
RSMo., but no more than five percent (5%) of the fees collected pursuant
to Section 455.205, RSMo., may be used for such purpose.
5.
Crime Victims' Compensation Fund in the amount of seven dollars fifty
cents ($7.50).
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.
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.
Alcohol-related traffic offenses.
a.
In addition to any other penalties and costs provided by law or ordinance,
the Court may order any person convicted of an alcohol- or drug-related
traffic offense to reimburse the City for the costs associated with
the arrest of such person. Such costs shall include the reasonable
costs of making the arrest, including the cost of any chemical test
made 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. A schedule of such costs shall be established by the Monett
Police Department and filed with the Clerk of the Municipal Court,
and the Court may impose costs in accordance with the schedule; provided
the Court may also order the costs reduced in a case if the Court
determines the costs are excessive.
b.
Any person who is convicted of or pleads guilty to a drug-related
offense pursuant to the provisions of Chapter 195, RSMo., or an intoxicated-related
traffic offense, as defined in Section 577.023, RSMo., shall be assessed
as costs, a victims' services fee in the amount of five dollars ($5.00).
Such fee shall be collected by the Clerk of the Court and paid at
least monthly to the Director of Revenue and placed to the credit
of the Independent Living Center Fund. This cost shall abate as of
June 31, 1997.
10.
Surcharge in Municipal Court proceedings for Inmate Security
Fund. In each case disposed of in the Municipal Court of
Monett, other than cases dismissed by the Court or when costs are
to be paid by the City, State or County, the Court shall impose, and
the Clerk of the Municipal Court shall collect, a two dollar ($2.00)
surcharge in addition to costs otherwise provided in these Ordinances.
Such surcharge shall be paid by the Municipal Court Clerk to the City
Treasurer at such times as the Treasurer shall determine, but not
less often than monthly. The Treasurer shall deposit said surcharge
moneys into a fund designated as the Inmate Security Fund, to be used
exclusively for the purpose of developing and implementing biometric
identification system designed to ensure that inmates can be properly
identified and tracked within the local jail system.
[Ord. No. A-8477, 10-20-2016]
[R.O. 2012 §135.260; CC 1979 §18.1-27; Ord. No. A-4015 §27, 12-11-1978]
The costs of any action may be assessed against the prosecuting
witness and judgment be rendered against him/her that he/she pay the
same and stand committed until paid in any case where it appears to
the satisfaction of the Municipal Judge that the prosecution was commenced
without probable cause and from malicious motives.
[R.O. 2012 §135.270; CC 1979 §18.1-28; Ord. No. A-4015 §28, 12-11-1978]
When a fine is assessed for violating an ordinance, it should
be within the discretion of the Judge assessing the fine to provide
for the payment of a fine on an installment basis under such terms
and conditions as he/she may deem appropriate.
[R.O. 2012 §135.280; Ord. No. A-6276 §§1 — 2, 5-10-1996]
A.
In
addition to any fine or other costs that may be imposed by the Municipal
Judge, there shall be assessed as a boarding fee for the keeping of
the prisoner in the City of Monett's custody a charge equivalent to
the same rate as may now or hereafter be allowed to the Sheriff.
B.
This
fee shall be deposited with the Treasurer of the City in the Monett
City Jail Boarding Fee Fund.
[Ord. No. 8749, 2-20-2020]
In addition to the other costs authorized in this Chapter, there
shall be assessed a State court automation surcharge of seven dollars
($7.00) in all cases in which court costs are taxed. Said surcharge
shall be collected by the Municipal Court and transmitted monthly
to the Missouri Director of Revenue to the credit of the Missouri
Statewide Automation Fund, as provided in Section 488.012.3(5), RSMo.,
and Section 488.027.2, RSMo.
[Ord. No. 8887, 10-20-2021]
A.
Search
Warrant Defined — Who May Issue, Execute.
1.
An administrative search warrant is a written order of the Municipal
Judge permitting the entry of City officials on or in to 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:
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;
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 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 Monett at the time of the
making of the application; and
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 of Monett 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 Monett City limits and not elsewhere.
B.
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 search 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 or places to be entered, searched, inspected
or seized insufficient detail and particularity that the officer executing
the warrant can readily ascertain it;
d.
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;
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 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. The application may be submitted by facsimile or other
electronic means.
C.
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.
b.
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 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 enter the private property for the enforcement
of the City's housing, zoning, health, and safety regulations, 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;
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
in sufficient detail and particularly 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
ordinance 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;
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 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:
(1)
The warrant may be issued by facsimile or other electronic means.
(2)
The warrant shall be executed by conducting the private property
entry, search, or seizure 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, searched, or seized a copy of the warrant.
(4)
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.
(a)
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.
(b)
The disposition of 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 of the Revised Statutes of Missouri.
(5)
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.
(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 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.
After execution of the search 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:
(1)
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.
(2)
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.
c.
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;
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.
