Editor’s Note: In Ord. No. 977, enacted on 9-7-2017, the Board of Aldermen elected to have the violations of its municipal ordinances heard and determined by an Associate Circuit Judge of the Circuit Court of the Sixteenth Judicial Circuit pursuant to Section 479.040, RSMo. The City’s attorney is reviewing the provisions of this Chapter in light of this decision and will amend as necessary in the near future.
[Ord. No. 509 §1, 12-7-1978]
The City of Lake Tapawingo, Missouri, chooses to maintain a Municipal Court and appoint a Municipal Judge per new Judicial Article Requirements 479.010—479.270, RSMo., HB 1634.
[Ord. No. 384 §§1—3, 10-4-1973; Ord. No. 11.2 §1, 12-7-1978]
A. 
It is hereby provided for and declared that the office of Municipal Judge of the City of Lake Tapawingo, Missouri, shall, hereafter, be appointive by the Mayor and Board of Aldermen of the City. The appointment of the Municipal Judge shall be for a term of two (2) years.
B. 
It is required that any person so appointed as Municipal Judge shall be licensed to practice as an attorney in the State of Missouri; and that such person need not be a resident of the City.
C. 
Judges selected under the provisions of this Section shall be Municipal Judges of the Circuit Court. These Judges shall be subject to the rules of the Circuit Court which are not inconsistent with the rules of the Supreme Court. The Presiding Judge of the Circuit shall have general administrative authority over the Judges and Court Personnel of the Municipal Divisions within the Circuit.
[Ord. No. 11 §3, 2-11-1963]
The Board of Aldermen shall provide at the expense of the City a suitable room or office for the Municipal Judge, and he/she shall hold his/her Court in such room. The Court shall be deemed always open for the purposes of filing proper papers, the issuance and return of process, and of making motions, applications and orders.
A Municipal Judge shall be disqualified to hear any case in which he/she is in any wise 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 or disqualification in the same case.
[Ord. No. 897 §1, 8-19-2010]
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 proceeding therein and he/she shall keep such other records as required. Such docket and records shall be records of the Circuit Court. The Municipal Judge shall deliver said docket and records and all books and papers pertaining to his/her office to his/her successor in office or to the Presiding Judge of the Circuit. The Municipal Judge shall have the power to administer oaths and enforce due obedience to all orders, rules and judgments made by him/her, and may fine or imprison for contempt committed before such Judge while holding Court, in the same manner and to the same extent as a Circuit Judge. The Municipal Judge shall have authority to issue any warrant in accordance with any provision of this Code. 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.
[Ord. No. 897 §2, 8-19-2010]
A. 
The issuance of administrative search warrants relating to violations of the Lake Tapawingo Municipal Code and relating to enforcement thereof shall conform to and be governed by the following provisions:
1. 
Administrative search warrant defined—who may issue, execute.
a. 
An "administrative search warrant" is a written order of the Municipal Court of the City of Lake Tapawingo commanding the search or inspection of any property, place or thing; and/or the seizure, photographing, copying or recording of property or physical conditions found thereon or therein to determine or prove the existence of violations of specific provisions contained within the Code relating to the use, condition or occupancy of property or structures located within the City, or to enforce the provisions of any such ordinance or Code Section, and to permit abatement of nuisances and enforcement of violations of said Code provisions.
b. 
The Municipal Judge having original and exclusive jurisdiction to determine violations against the ordinances of the municipality may issue an administrative search warrant when:
(1) 
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
(2) 
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 of the City.
2. 
Who may apply for warrant—contents of application.
a. 
Any Police Officer may make an application to the Municipal Judge for the issuance of an administrative search warrant.
b. 
The application may be made on a form prepared by the Court Clerk and shall:
(1) 
Be in writing;
(2) 
State the time and date of the making of the application;
(3) 
Identify the property or places to be entered, searched, inspected or seized in sufficient detail and particularity that the Police Officer executing the warrant can readily ascertain it;
(4) 
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;
(5) 
State facts sufficient to show probable cause for the issuance of the administrative search warrant in accordance with the procedure established in Subsection (3)(a)(3) of this Section to:
(a) 
Search or inspect for violations of an ordinance or Code Section specified in the application; or
(b) 
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;
(6) 
Be verified by the signed 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 as necessary to assist the Municipal Judge in determining whether there is probable cause for the issuance of an administrative search warrant and to fill out any deficiencies in the description of the property or place to be searched or inspected. Oral testimony shall not be considered.
3. 
Hearing and procedure—contents of warrant—execution and return.
a. 
Hearing and procedure.
(1) 
The Municipal Judge shall hold a non-adversary hearing to determine whether probable cause exists to inspect or search for violation of any City ordinance or Code Section or to enforce any such ordinance or Code Section.
(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 for 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.
(3) 
If it appears from the application and any supporting affidavit that there is probable cause to inspect or search for violation of any City ordinance or Code Section or to enforce any such ordinance or Code Section, an administrative search 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 administrative search warrant as issued shall be retained in the records of the Municipal Court.
b. 
Contents of administrative search warrant. The administrative search warrant shall:
(1) 
Be in writing and in the name of the City;
(2) 
Be directed to a City Police Officer;
(3) 
State the time and date the warrant is issued;
(4) 
Identify the property or places to be searched, inspected or entered upon in sufficient detail and particularity that the Police Officer executing the warrant can readily ascertain it;
(5) 
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 Municipal Judge who issued the warrant, to be dealt with according to law; and
(6) 
Be signed by the Municipal Judge with his or her title of office indicated.
c. 
Execution of administrative search warrant.
(1) 
A search warrant issued under this Section shall be executed only by a City of Lake Tapawingo, Missouri 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:
(a) 
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.
(b) 
The officer shall give the owner or occupant of the property searched, inspected or entered upon a copy of the warrant.
(c) 
Itemized list of any property seized—disposition.
(i) 
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.
(ii) 
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 search.
(iii) 
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, RSMo.
(d) 
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.
(e) 
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.
(f) 
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.
d. 
Return of administrative search warrant.
(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.
4. 
Warrant invalid, when. An administrative search warrant shall be deemed invalid:
a. 
If it was not issued and signed by the Municipal Judge; or
b. 
If it was issued without a written application in compliance with this Section having been filed and verified; or
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 (3)(a)(3) of this Section; or
d. 
If it does not describe the property or places to be searched, inspected, entered upon or seized with sufficient certainty; or
e. 
If it is not signed by the Judge who issued it; or
f. 
If it is not executed and the required return made within ten (10) days after the dated of the making of the application.
[Ord. No. 897 §3, 8-19-2010]
Except as provided in Section 125.055 for administrative search warrants, all warrants issued by a Municipal Judge, or an Associate Circuit Court Judge hearing violations of municipal ordinances, shall be directed to the Chief of Police or any other Police Office of the municipality or to the Sheriff of the County. The warrants shall be executed by the Chief of Police, Police Officer or Sheriff at 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.
[Ord. No. 11 §13, 2-11-1963]
The Municipal Judge may direct the issuance of a warrant for the arrest of any resident of this State, or any non-resident upon whom process may be served in this State, who fails to appear and answer a traffic ticket or summons lawfully served upon him/her and against whom a complaint has been filed. Such warrant may be directed to any Peace Officer of the State and may be executed in any County in this State.
[Ord. No. 503 §§1—3, 9-7-1978; Ord. No. 503.1 §1, 10-2-1980; Ord. No. 692 §§1—3, 9-1-1988; Ord. No. 727 §1, 10-7-1993; Ord. No. 781, 10-7-1999; Ord. No. 781.5, 12-2-1999; Ord. No. 800, 11-8-2001; Ord. No. 800.1 §1, 3-6-2003; Ord. No. 864 §1, 6-7-2007; Ord. No. 982, 12-7-2017]
A. 
In addition to any fine that may be imposed by the Associate Circuit Judge hearing violations of the City of Lake Tapawingo ordinances, and in addition to all other fees authorized or required by law, there shall be assessed as costs the following:
1. 
General Court Costs. Pursuant to Section 479.260, RSMo., any person or persons convicted of violating any Lake Tapawingo City Ordinance shall pay in addition to any fine levied an additional amount of fifteen dollars ($15.00).
2. 
Police Training Account. Pursuant to Section 488.5336, RSMo., in addition to the Court Costs assessed in Subsection (A)(1) above, an additional amount of two dollars ($2.00) also known as Court Costs shall be levied on all convictions of any offense which shall be deposited by the City Treasurer in a separate account to be known as the Police Training Account. However, the costs specified in this Subsection (A)(2) shall not be collected in any proceeding dismissed by the Court or when the costs are to be paid by the City of Lake Tapawingo.
3. 
Crime Victim's Compensation Fund. Pursuant to Section 595.045, RSMo., in addition to the Court Costs assessed in Subsections (A)(1) and (2) above, a fee of seven dollars and fifty cents ($7.50) shall be assessed as costs in Court proceedings filed in the City of Lake Tapawingo on all violations, except that the costs specified in this Subsection (A)(3) shall not be collected in any proceeding dismissed by the Court or when the costs are to be paid by the City of Lake Tapawingo. All monies collected under this Subsection shall be in a manner which allows for the identification of Crime Victim's Compensation Fees as distinguished from other Court Costs, fines and bonds paid into the Court. Crime Victim's Compensation Fees collected by the Clerk of the Court shall be paid, at least monthly as follows:
a. 
Ninety-five percent (95%) (seven dollars thirteen cents ($7.13) of each fee) to the Director of Revenue.
b. 
Five percent (5%) (thirty-seven cents ($.37) of each fee) to the City Treasurer.
c. 
On the check to the Missouri Department of Revenue, it shall be noted that the amount remitted is for Crime Victims' Compensation fees.
4. 
Victims Of Domestic Violence. Pursuant to Section 488.607, RSMo., in addition to the Court Costs assessed in Subsections (A)(1), (2), and (3) above, a fee of two dollars ($2.00) shall be assessed as Court Costs for each Court proceeding filed for violations of the ordinances of the City of Lake Tapawingo, except that the costs specified in this Subsection (A)(4) shall not be collected in any proceeding dismissed by the Court or when the costs are to be paid by the City of Lake Tapawingo, or when the defendant is found by the Judge to be indigent and unable to pay the cost. The costs specified in this Subsection (A)(4) shall be collected by the Clerk of the Court and transmitted not less than monthly to the County Treasurer for the purpose of providing operating expenses for shelters of victims of domestic violence as provided in Sections 455.200 — 455.230, RSMo.
5. 
Peace Officer Standards Training Commission. In addition to the Court Costs assessed in Subsections (A)(1), (2), (3) and (4) above, pursuant to Section 488.5336, RSMo., a fee of one dollar ($1.00) shall be assessed as Court Costs for each Court proceeding filed for violations of the ordinances of the City of Lake Tapawingo, except that the costs specified in this Subsection (A)(5) shall not be collected in any proceeding dismissed by the Court or when the costs are to be paid by the City of Lake Tapawingo. The costs specified in this Subsection (A)(5) shall be collected by the Clerk of the Court and transmitted not less than monthly to the County Treasurer for transmittal not less frequently than monthly to the Treasurer of the State of Missouri to the credit of the Peace Officers Standards and Training Commission Fund, to be used State-wide for training of peace officers.
6. 
Court Automation Fee. In addition to the Court Costs assessed in Subsections (A)(1), (2), (3), (4) and (5) above, a fee of seven dollars ($7.00) shall be assessed as Court Costs for each Court proceeding filed for violations of the ordinances of the City of Lake Tapawingo, except that the costs specified in this Subsection (A)(6) shall not be collected in any proceeding dismissed by the Court or when the costs are to be paid by the City of Lake Tapawingo. This sum shall be transmitted monthly and retained by the County Treasury for Court Automation.
7. 
Reimbursement Of Certain Costs Of Arrest.
a. 
Upon a plea or a finding of guilty of violating the provisions of Sections 342.010 or 342.020 of this Code or any ordinance of the City of Lake Tapawingo, involving alcohol or drug related traffic offenses, the Court may, in addition to imposition of any penalties provided by law, order the convicted person to reimburse the Police Department for the costs associated with such arrest.
b. 
Such costs hereby authorized shall include the reasonable cost of making the arrest, including the cost of any chemical test made as authorized or required by law or ordinance 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.
c. 
The Chief of Police shall establish a schedule of such costs hereby authorized and shall submit the same to the Judge. However, the Court may order the costs reduced if it determines that the costs are excessive.
d. 
Upon receipt of such additional costs authorized by this Subsection, the Treasurer shall retain such costs in a separate fund to be known as the “DWI/Drug Offense Cost Reimbursement Fund.” Monies with such fund shall be appropriated by the Board of Aldermen to the Police Department in amounts equal to those costs so collected and shall be used by such department specifically to enhance and support the enforcement and prosecution of alcohol and drug related traffic laws within the City.
8. 
Sheriff’s Retirement Fund. In addition to the Court Costs assessed in Subsections (A)(1), (2), (3), (4), (5), (6), and (7) above, a fee of three dollars ($3.00) shall be assessed as Court Costs for each Court proceeding filed for violations of the ordinances of the City of Lake Tapawingo, except that the costs specified in this Subsection (A)(8) shall not be collected in any proceeding dismissed by the Court or when the costs are to be paid by the City of Lake Tapawingo. Sheriff Retirement Fund fees collected by the Clerk of the Court shall be paid, at least monthly to the Sheriff Retirement Fund.
[1]
Editor's Note—Ord. no. 800.1 §2, adopted March 6, 2003, repealed section 125.090 "additional court costs—motorcycle safety trust fund fee" since the state no longer requires such a fine. Former section 125.090 derived from ord. no. 757 §§1—4, 3-6-1997.