St. Charles County, MO
 
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Table of Contents
Table of Contents
Editor’s Note: In this Chapter, the words "Sheriff’s deputies" and "deputies" are changed to "police officers"; the word "deputy" is changed to "police officer"; and the word "Sheriff" is changed to "Chief of Police" pursuant to the St. Charles County Charter Article IV, Sections 4.250 and 4.1300, as amended in 2012 and effective 1-1-2015, and St. Charles County Ord. No. 15-012, Section 2, adopted 1-26-2015.
[Ord. No. 07-152 §1, 10-30-2007; Ord. No. 08-094 §1, 8-1-2008]
A. 
There is established in the County of St. Charles a Municipal Court, to be known as the St. Charles County Municipal Court, a Division of the Eleventh Judicial Circuit Court of the State of Missouri. This Court shall be known as the County Municipal Court.
B. 
The jurisdiction of the Municipal Court shall extend to all cases involving alleged violations of the County's Code of Ordinances, any other ordinance of the County, and any ordinance of a political subdivision wholly within the County (hereafter "municipality") with which the County has a contract to prosecute and punish violations of that ordinance.
C. 
The Municipal Court of the County shall be subject to the rules of the Circuit Court of which it is a part and to the rules of the Missouri Supreme Court. The Municipal Court shall be subject to the general administrative authority of the Presiding Judge of the Circuit Court and the County Municipal Judge and County Municipal Court personnel shall obey the official directives of the Presiding Judge.
[Ord. No. 07-152 §2, 10-30-2007]
A. 
The Judge of the County Municipal Court shall be known as a County Municipal Judge of the Eleventh Judicial Circuit Court and shall be appointed to his position by the County Executive, subject to the consent of the County Council as set forth in Article II, Section 2.503 of the Charter of St. Charles County, for a term of office of two (2) years. The County Municipal Judge shall not be a merit employee, but may only be removed from office as set forth in ordinance.
B. 
The County Municipal Judge shall possess the following qualifications before he shall take office:
1. 
Shall be a licensed attorney, qualified to practice law within the State of Missouri.
2. 
Shall reside within the County.
3. 
Shall be a resident of the State.
4. 
Shall not serve as Judge or Prosecutor for any other Court.
5. 
Shall not hold any other office within the County Government.
6. 
The County Municipal Judge shall be considered to hold a part-time position and as such may accept other employment.
7. 
Shall not accept or handle cases in his practice of law which are inconsistent with his/her duties as a County Municipal Court Judge.
[Ord. No. 07-152 §3, 10-30-2007]
A. 
A person appointed to the office of County Municipal Judge shall hold his office for a period of two (2) years and until his successor is duly appointed and qualified. If for any reason the County Municipal Judge vacates his office, his successor shall complete that term of office, even if the same be for a term less than two (2) years.
B. 
The County Municipal Judge shall vacate his 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 seventieth (70th) birthday;
3. 
If he should lose his license to practice law within the State; or
4. 
Upon violation of the qualifications of the office of County Municipal Judge set forth within this Chapter.
[Ord. No. 07-152 §4, 10-30-2007]
A. 
The County Municipal Judge shall be and is authorized to:
1. 
Serve as the department head of the County Municipal Court.
2. 
Establish a Traffic Violations Bureau as provided for in the Missouri Rules of Practice and Procedure in Municipal and Traffic Courts and Section 479.050, RSMo.
3. 
Administer oaths and enforce due obedience to all orders, rules and judgments made by him and may fine and imprison for contempt committed before him while holding Court in the same manner and to the same extent as a Circuit Judge.
4. 
Establish a fine schedule for traffic offenses.
5. 
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 County Municipal Judge deems necessary relative to any matter that may be pending in the Municipal Court.
6. 
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.
7. 
The County Municipal Judge of the Municipal Court is authorized to appoint an attorney to represent an indigent defendant in Municipal Court when the County Municipal Judge finds that the County Counselor has informed the County Municipal Judge that he will recommend a jail sentence if the defendant is found guilty and if the defendant is found to be without sufficient funds or property with which to retain an attorney. The appointed attorney shall be entitled to compensation for his services in an amount not exceeding the sum of two hundred fifty dollars ($250.00). Such amount shall be determined by the County Municipal Judge upon proof presented by the attorney of his services rendered.
8. 
The County Municipal Judge shall have such other powers, duties and privileges as are or may be prescribed by the laws of this State, this Code of Ordinances or any other ordinance of the County.
[Ord. No. 07-152 §5, 10-30-2007]
The County Municipal Judge shall cause to be prepared within the first ten (10) days of every quarter 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 in the cases where there was an application for trial de novo, respectively. The same shall be prepared under oath by the County Municipal Court Clerk or the County Municipal Judge. This report will be filed with the County Executive. The County Municipal Court shall, within ten (10) days after the first (1st) of the month, pay to the County's Department of Finance the full amount of all fines collected during the preceding month, if they have not previously been paid.
[Ord. No. 07-152 §6, 10-30-2007]
The County Municipal Judge shall be a conservator of the peace. He shall keep a docket in which he shall enter every case commenced before him and the proceedings therein and he shall keep such other records as may be required. Such docket and records shall be records of the Eleventh Circuit Court. The County Municipal Judge shall deliver the docket and records of the County Municipal Court, and all books and papers pertaining to his office, to his successor in office or to the Presiding Judge of the Circuit.
[Ord. No. 07-152 §7, 10-30-2007]
If a County Municipal Judge is absent, sick or disqualified from acting, the County Executive may designate some competent, eligible person who meets the qualifications set forth for the County Municipal Judge to act as County Municipal Judge until such absence or disqualification shall cease. Such temporary County Municipal Judge shall be paid at a rate established by the County Executive.
[Ord. No. 07-152 §8, 10-30-2007]
A. 
The County Municipal Court Clerk is designated as the Clerk of the Municipal Court. The duties of the County Municipal Court Clerk shall be as follows:
1. 
To collect such fines for violations of such offenses as may be described and the Court costs thereof and to pay over all fines and costs into the County Treasury.
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.
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 Traffic Violations Bureau cases or as directed by the County Municipal Judge; generally act as Violation Clerk of the Traffic Violations Bureau.
6. 
Perform all other duties as provided for by ordinance, by rules of practice and procedure adopted by the County Municipal Judge and by the Missouri Rules of Practice and Procedure in Municipal and Traffic Courts and by Statute.
7. 
Maintain, properly certified by the Registrar, a complete copy of this Code and any other ordinance of the County which shall constitute prima facie evidence of such Code or ordinance before the County Municipal Court. Further, the County Municipal Court Clerk shall maintain a similar certified copy on file with the Circuit Clerk serving the Eleventh Circuit Court.
8. 
The Clerk of the County Municipal Court is authorized to issue warrants and summons as the result of complaints or information filed by the County Counselor; provided, that no such summons or warrants shall be issued without the authority of the County Municipal Judge.
9. 
Delegate any duties set forth herein, or as established by the County Municipal Judge, to such assistants as are authorized within the office, after consultation and concurrence of the County Municipal Judge.
[Ord. No. 07-152 §8, 10-30-2007; Ord. No. 08-030 §9, 3-3-2008]
A. 
In addition to any fine that may be imposed by the County 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), pursuant to Section 488.012(3)(6), RSMo.
2. 
In all cases submitted to the Traffic Violation Bureau and/or the County Municipal Court, there shall be an additional fee of two dollars ($2.00) assessed for the training of police officers pursuant to Section 488.5336, RSMo.
3. 
Other costs for new charges such as failure to appear or like charges, such as for the issuance of a warrant, a commitment or a summons, as provided before the Associate Circuit Judge in criminal prosecutions.
4. 
Actual costs assessed against or incurred by the County by or from any County police officer or other Law Enforcement Officer for transportation to and from, apprehension or confinement in any County Jail and service costs, witness fees and jail costs.
5. 
Mileage, in the same amount as provided to the Chief of Police in criminal violations, for each mile and fraction thereof the police officer must travel in order to serve any warrant or commitment or order of this Court.
6. 
A surcharge of one dollar ($1.00) to be collected for the State's Peace Officer Standards and Training Commission Fund as required by Section 488.5336, RSMo.
7. 
A surcharge of seven dollars fifty cents ($7.50) to be collected for the State's Crime Victims' Compensation Fund as required by Section 595.045, RSMo.
8. 
A surcharge of two dollars ($2.00) to be collected for the Inmate Security Fund as required by Section 488.5026, RSMo.
9. 
A surcharge of seven dollars ($7.00) to be collected for the Justice Information System Fund as authorized by Section 476.056, RSMo.
10. 
A surcharge of three dollars ($3.00) to be collected for the Sheriff Retirement Fund as required by Section 488.024, RSMo.
11. 
A surcharge of two dollars ($2.00) to be collected for the Head Injury Fund as required by Section 304.028, RSMo.
12. 
A surcharge of one dollar ($1.00) to be collected for the Motorcycle Safety Trust Fund as required by Section 302.137, RSMo.
13. 
A surcharge of one dollar ($1.00) to be collected for the Independent Living Center Fund as required by Section 488.5332, RSMo.
14. 
A surcharge of one dollar ($1.00) to be collected for the Missouri Office of Prosecution Services Fund as required by Section 56.765, RSMo., and to be disbursed as set forth in Subsections (2) and (3) thereof.
15. 
A surcharge of four dollars ($4.00) to be collected for the Prosecuting Attorney Retirement Fund as required by Section 488.026, RSMo.
16. 
A surcharge of two dollars ($2.00) to be collected for the Spinal Cord Injury Fund as required by Section 304.027, RSMo.
17. 
A surcharge of ten dollars ($10.00) to be collected for the County Treasury as required by Section 488.4014, RSMo.
18. 
A surcharge of two dollars ($2.00) to be collected for the Domestic Violence Fund as required by Section 488.607, RSMo.
[Ord. No. 07-152 §9, 10-30-2007]
The costs of any action may be assessed against the prosecuting witness and judgment may be rendered against him that he pay the same and stand committed until paid in any case where it appears to the satisfaction of the County Municipal Judge that the prosecution was commenced without probable cause and from malicious motives.
[Ord. No. 07-152 §10, 10-30-2007; Ord. No. 08-094 §2, 8-1-2008; Ord. No. 09-009 §1, 1-27-2009]
A. 
Installment Payment Of Fine. When a fine is assessed for violating a provision of this Code, any other ordinance of the County, and any ordinance of a municipality with which the County has a contract to prosecute and punish violations of that ordinance, it shall be within the discretion of the County Municipal Judge assessing the fine to provide for the payment of a fine on an installment basis under such terms and conditions as he may deem appropriate.
B. 
Payment By Credit Card. The Municipal Court is authorized to receive payment by credit card for fines and/or costs of the Court imposed by law and to recover costs for mailing documents if that service is requested, but shall charge a convenience fee reasonably calculated to recover all but no more than all administrative costs imposed by the credit card service under contract to process such payments.
[Ord. No. 07-152 §11, 10-30-2007]
A. 
Should the County Municipal Judge determine that there shall be a Traffic Violations Bureau, the County shall provide all expenses incident to the operating of the same. The County Municipal Court Clerk is designated as the Traffic Violations Clerk for such Bureau, if established.
B. 
When Person Charged May Elect To Appear At Bureau Or Before County Municipal Court Judge.
1. 
Any person charged with an offense for which payment of a fine may be made to the Traffic Violations Bureau shall have the option of paying such fine within the time specified in the notice of arrest at the Traffic Violations Bureau upon entering a plea of guilty and upon waiving appearance in Court; or may have the option of depositing required lawful bail, if so indicated, and upon a plea of not guilty shall be entitled to a trial as authorized by law.
2. 
The payment of the fine to the Bureau shall be deemed an acknowledgment of conviction of the alleged offense and the Bureau, upon accepting the prescribed fine, shall issue a receipt to the violator acknowledging payment thereof.
C. 
The following duties are imposed upon the Traffic Violations Bureau in reference to traffic offenses:
1. 
It shall accept designated fines, issue receipts and represent in Court such violators as are permitted and desire to plead guilty, waive court appearance and give power of attorney;
2. 
It shall receive and issue receipts for cash bail from the persons who must or wish to be heard in Court, enter the time of their appearance on the Court docket and notify the arresting officer and witnesses, if any, to be present.
D. 
The Traffic Violations Bureau shall keep records and submit summarized monthly reports to the Municipal Court of all notices issued and arrests made for violations of the traffic laws and ordinances in the County and of all the fines collected by the Traffic Violations Bureau or the County Municipal Court and of the final disposition or present status of every case of violation of the provisions of such laws and ordinances. Such records shall be so maintained as to show all types of violations and the totals of each. Such records shall be public records.
E. 
The Traffic Violations Bureau shall follow such procedure as may be prescribed by this Traffic Code and any other traffic ordinance of the County or as may be required by any laws of this State.
[Ord. No. 07-152 §12, 10-30-2007]
A. 
In addition to the forfeiture of any security which was given or pledged for his release, any person who, having been released upon a recognizance or bond pursuant to any other provisions of law, willfully fails to appear before the Judge of the County Municipal Court as required shall be guilty of an offense, shall (if the matter upon which the person has failed to appear is a traffic offense) have their license suspended and in all such matters of a failure to appear, shall be punished by penalty provisions set forth in Section 160.150 below.
B. 
Nothing in this Section shall prevent the exercise of the County Municipal Court's power to punish for contempt.
C. 
Whenever a defendant having pled guilty and had a fine and costs enter against him shall fail to pay his fine and costs by the due date, the Court may issue a warrant for his arrest so that he may be called before the Court to account for his failure to fulfill the terms of his plea.
[Ord. No. 07-152 §13, 10-30-2007]
A. 
Upon a plea of guilty, finding of guilt or conviction for violation of the provisions of Section 310.040 OSCCMO (driving with excessive blood alcohol content) or Section 310.030 OSCCMO (driving under the influence), the County Municipal Court may, in addition to imposition of any penalties provided by law, order the person to reimburse law enforcement authorities for the costs associated with such arrest.
B. 
Such costs shall include the reasonable cost of making the arrest, including the cost of any chemical tests to determine the alcohol or drug content of the person's blood and the cost of processing, charging, booking and holding such person in custody.
C. 
Law enforcement authorities may establish a schedule of such costs for submission to the Court; however, the Court may order the costs reduced if it determines that the schedule of costs is excessive given the circumstances of the case or for good cause shown.
D. 
These fees shall be calculated as additional costs by the County Municipal Court and shall be collected by the Court in the same manner as other costs and fees are collected and remitted.
E. 
The Director of Finance shall retain these fees in a separate fund known as the DWI-Drug Enforcement Fund. Monies within the DWI-Drug Enforcement Fund shall be appropriated by the County Council to the Chief of Police from such fund in amounts equal to those costs so incurred and shall be specifically used to enhance and support the enforcement and prosecution of alcohol- and drug-related traffic laws within the County.
[Ord. No. 07-152 §14, 10-30-2007]
Any person who violates the provisions of Section 160.130(A) above shall be subject to a fine not to exceed five hundred dollars ($500.00).
[Ord. No. 07-152 §15, 10-30-2007]
A. 
Issuance And Execution Of Arrest Warrants—Arrests Without Warrants.
1. 
All arrest warrants issued or authorized by the County Municipal Judge shall be directed to the Chief of Police of St. Charles County and any other police officer of a municipality with the County of St. Charles. The warrant shall be executed by the Chief of Police 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.
2. 
The Chief of Police, his police officers or other police officer of the County may, without a warrant, make arrest of any person who commits an offense in the officer's presence or when the officer has reasonable grounds to believe any such person has violated any ordinance of the County, but such officer shall, before the trial, file a written complaint with the Judge hearing violations of County municipal ordinances.
[Ord. No. 07-152 §16, 10-30-2007; Ord. No. 08-094 §3, 8-1-2008]
A. 
Search Warrants—Who May Issue, Execute.
1. 
The County Municipal Judge shall have the authority to issue search warrants for searches or inspections to determine the existence of violations of any of the following provisions of this Code of Ordinances or of any ordinance of a municipality that has adopted these provisions and that has a contract with the County to prosecute and punish violations of these provisions:
a. 
Chapter 205, Animal Regulations;
b. 
Chapter 500, Building and Building Regulations (including the Electrical and Plumbing Codes, the Property Maintenance Code, Mechanical Code, Converted Building Code and Heating, Ventilation and Air Conditioning Code and Dangerous Building Code);
c. 
Chapters 210, 224, 230, 240 and 260, Health, Safety and Sanitation.
2. 
The search warrants may be issued for:
a. 
Business premises, where such business premises is defined as "all premises used or designed for use as any permitted use or conditional use listed under the CO, C-1, C-2, C-3, HTCD, I-1, I-2 or commercial or industrial portion of a PUD district as listed in the Zoning Code, except that it shall not include dwelling units", or
b. 
A dwelling unit, where a dwelling unit is within the definition set forth in this Chapter, but only for:
(1) 
Violations of the Property Maintenance Code, as adopted and amended, where the health, safety or welfare of the citizens of the County are, or an individual is, at risk;
(2) 
Animal bite cases.
B. 
Warrants and searches or inspections made pursuant thereto shall conform to and be governed by the following provisions:
1. 
The Chief of Police, County Counselor or Prosecuting Attorney or a designated assistant may make application for the issuance of a 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, article, material, substance, person or other evidence which is to be searched for and seized in sufficient detail and particularity that the officer executing the warrant can readily ascertain it;
d. 
Identify the person, place or thing which is to be searched in sufficient detail and particularity that the officer executing the warrant can readily ascertain whom or what is to be searched;
e. 
State facts sufficient to show:
(1) 
Probable cause for the issuance of the search warrant; and
(2) 
That the owner and the occupant of the premises were sent a notice in writing, either by personal service or by certified mail, that a search warrant would be sought. This notification requirement shall not apply if the persons signing the application determine that an emergency exists or that the application is for an animal bite case.
(a) 
The notice shall state that the property owner would be allowed at least seven (7) calendar days from the date of personal service or from the date of mailing in which to provide access to the premises.
f. 
Be verified by the oath or affirmation of the applicant;
g. 
Be filed in the County Municipal Court;
h. 
Be signed by the Chief of Police, County Counselor or the Prosecuting Attorney or a designated assistant, or by both the appropriate department director and the County Director of Administration.
3. 
The application shall 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 person, place or thing to be searched or of the property, article, material, substance, person or other evidence to be seized. Oral testimony shall not be considered.
4. 
The County Municipal Judge shall determine whether sufficient facts have been stated to justify the issuance of a search warrant. If it appears from the application and any supporting affidavit that there is probable cause to believe that the property, article, material, substance, person or other evidence subject to seizure is on the person or at the place or in the thing described, a search warrant shall immediately be issued. The warrant shall be issued in the form of an original and two (2) copies.
5. 
The application and any supporting affidavit and a copy of the warrant shall be retained in the records of the Municipal Court.
6. 
The search warrant shall:
a. 
Be in writing and in the name of the County or municipality as the case may be;
b. 
Be directed to any Peace Officer in the County;
c. 
State the time and date the warrant is issued;
d. 
Identify the material, article, substance, person or other evidence which is to be searched for and seized in sufficient detail and particularity that the officer executing the warrant can readily ascertain it;
e. 
Identify the person, place or thing which is to be searched in sufficient detail and particularity that the officer executing the warrant can readily ascertain whom or what the officer is to search;
f. 
Command that the described person, place or thing be searched and that any of the described property, article, material, substance, person or other evidence found thereon or therein be seized or photographed or copied and be returned or the photograph or copy be brought, within ten (10) days after filing of the application, to the County Municipal Judge or Judge of the Eleventh Circuit Court who issued the warrant, to be dealt with according to law;
g. 
Be signed by the County Municipal Court Judge of a Judge or the Eleventh Circuit Court, with his/her title of office indicated;
h. 
Not authorize the seizure of real property.
7. 
A search warrant issued under this Section may be executed only by a police officer. The warrant shall be executed by conducting the search and seizure commanded.
8. 
A search warrant shall be executed as soon as practicable and shall expire if it is not executed and the return made within ten (10) days after the date of the making of the application.
9. 
After execution of the search warrant, the warrant, with a return thereon signed by the officer making the search, shall be delivered to the Judge who issued the warrant. The return shall show the date and manner of execution, what was seized and the name of the possessor and of the owner, when the owner and possessor are not the same person, if known. The return shall be accompanied by a copy of the itemized receipt required by Subsection (C)(5) below. The County Municipal Court Judge or the County Municipal Court Clerk shall, upon request, deliver a copy of such receipt to the person from whose possession the property was taken and to the applicant for the warrant.
10. 
A search warrant shall be deemed invalid:
a. 
If it was not issued by the County Municipal Judge or a Judge of the Eleventh Circuit Court;
b. 
If it was issued without a written application having been filed and verified;
c. 
If it was issued without probable cause;
d. 
If it does not describe the person, place or thing to be searched or the property, article, material, substance or person to be seized with sufficient certainty;
e. 
If it is not signed by the County Municipal Judge or a Judge of the Eleventh Circuit Court;
f. 
If it was not executed within the time prescribed by Subsection (B)(8) above; or
g. 
If it was issued without an affidavit supplementing the application.
C. 
Procedures—Execution And Return.
1. 
The search shall be conducted in a reasonable manner. The search warrant shall be executed only between the hours of 8:00 A.M. and 5:00 P.M., except where its execution during those hours is not practicable, in which case the search warrant may be executed no later than 9:00 P.M.
2. 
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 would be justified if the warrant were valid.
3. 
The police officer may summon as many persons as deemed necessary to assist in executing the warrant. Such persons shall not be held liable should there be a subsequent finding of illegality of the search and seizure.
4. 
If any property is seized, the police officer shall give to the person from whose possession it is taken, if the person is present, a copy of the warrant and an itemized receipt of the property taken. If no person is present, the police officer shall leave the copy and the receipt at the site of the search.
5. 
A copy of the itemized receipt of any property taken shall be delivered to the office of the County Counselor within two (2) working days of the search.
D. 
A person aggrieved by an unlawful seizure made by a County employee or police officer and against whom there is a pending proceeding growing out of the subject matter of the seizure may file a motion to suppress the use in evidence of the property or matter seized. For the purposes of this Section, "a pending proceeding" shall mean any investigation being conducted with the intention of using the seized subject matter in seeking an information or when an information has been issued. The procedures for a motion to suppress contained in Section 542.296, RSMo., shall apply.
E. 
The disposition of property seized pursuant to a search warrant under this Section shall be in accordance with Section 542.301, RSMo.
[Ord. No. 07-152 §17, 10-30-2007; Ord. No. 08-094 §4, 8-1-2008]
A. 
The County Municipal Judge shall have the authority to issue search warrants to allow authorized officials of the County to enter onto private property for the purpose of abating nuisances which threaten the public health or welfare.
1. 
For purposes of this Subsection an official of the County, or that official's designees, whose duties involve the enforcement of the Code Sections identified in Section 160.170(A) of this Code or the enforcement of Chapters 412 or 422 of this Code may apply for a search warrant to enforce the ordinance and abate such an existing nuisance by filing an application for a search warrant with a County Municipal Judge of the County.
2. 
The application shall:
a. 
Be in writing;
b. 
State the time and date of the making of the application;
c. 
State facts sufficient to show that a violation or nuisance under the Code provision exists;
d. 
Identify the nature of the nuisance or violation and the matter of its proposed abatement;
e. 
State that the premises are occupied and that the owner or person in possession has refused or has not granted permission to enter onto the premises to abate the ordinance violation or nuisance;
f. 
Be verified by the oath or affirmation of the applicant;
g. 
Be signed by one (1) of the following or a designee: the Chief of Police, County Counselor, Assistant County Counselor, Prosecuting Attorney, Assistant Prosecuting Attorney or the director of the department of the County and the Director of Administration whose duty it is to enforce the Code Chapter and Section involved;
h. 
Be filed in the Municipal Court.
3. 
The search warrant shall:
a. 
Be in writing and in the name of the County or of the municipality as the case may be;
b. 
Be directed to any Peace Officer or enforcement official in the County;
c. 
State the time and date the warrant is issued;
d. 
Identify the place or thing which is to be searched and the nuisance or violation to be abated in sufficient detail and particularity that the officer or enforcement official executing the warrant can readily determine what is to be abated;
e. 
Be signed by the County Municipal Court Judge or a Judge of the Eleventh Circuit Court, with title of office indicated.
4. 
A search warrant issued under this Subsection may be executed by a police officer or the County Official, or his/her designees, whose duty it is to enforce the Code Chapter and Section which prompted the issuance of the warrant.
5. 
A search warrant shall be executed as soon as practicable and shall expire if it is not executed and the return made within ten (10) days after the date of the making of the application.
6. 
After execution of the search warrant, the warrant, with a return thereon signed by the person making the search, shall be delivered to the Judge who issued the warrant. The return shall show the date and manner of execution, what was abated, the method and manner of abatement and the name of the person, if any, upon whom the warrant was served.
[Ord. No. 07-152 §18, 10-30-2007]
Any person charged with a violation of an ordinance of this County shall be entitled to a trial by jury as in prosecutions for misdemeanors 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 as provided by applicable State law.
[Ord. No. 07-152 §19, 10-30-2007; Ord. No. 08-094 §5, 8-1-2008]
It shall be the duty of an attorney or attorneys designated by the County Counselor to prosecute the violations of the Code of Ordinances and any other ordinance of the County and any ordinance of a municipality with which the County has a contract to prosecute and punish violations of that ordinance, before the County Municipal Judge or before any Circuit Judge hearing such violations.
[Ord. No. 07-152 §20, 10-30-2007]
It shall be the duty of the County 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 County Municipal Judge, it shall not be necessary to summon any witnesses who may be present at the continuance; but the County Municipal Judge shall cause such persons to receive verbal notification that such witnesses as either party may require are to attend before him on the day set for trial to testify in the case and the County Municipal Judge shall enter the names of such witnesses on his docket, which verbal notice shall be valid as a summons.
[Ord. No. 07-152 §21, 10-30-2007; Ord. No. 08-094 §6, 8-1-2008]
A. 
The County Municipal Judge may commit the defendant to the County Department of Corrections, and it shall be the duty of the Director of Corrections, 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 cost of such commitment to the County Department of Corrections shall be taxed as costs in the case.
B. 
Any Judge hearing violations of this Code and any other ordinance of the County and any ordinance of a municipality with which the County has a contract to prosecute and punish violations of that ordinance may, when in his 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.
[Ord. No. 07-152 §22, 10-30-2007]
A. 
In all cases tried before the County Municipal Court, except where there has been a plea of guilty or where the case has been tried with a jury, the defendant shall have a right of trial de novo before a Circuit Judge or on 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 Rules.
B. 
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 Appellant Court.
[Ord. No. 07-152 §23, 10-30-2007]
In the case of a breach of any recognizance entered into before a County Municipal Judge or an Associate Circuit Judge hearing a Code or 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 by a County Municipal Judge, such shall be on the transcript of the proceedings before the County Municipal Judge. All monies recovered in such actions shall be paid over to the County Treasury to the General Revenue Fund of St. Charles County.