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.
[1]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.
[1]
Editor’s Note: Former Subsection (A)(4), regarding actual
costs incurred for transportation and confinement in any County Jail
and other related costs, was repealed by Ord. No. 19-084, 9-30-2019.
This ordinance also provided for the renumbering of former Subsection
(A)(5) through (18) as Subsection (A)(4) through (17), respectively.
5.
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.
6.
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.
7.
A surcharge of two dollars ($2.00) to be collected for the Inmate
Security Fund as required by Section 488.5026, RSMo.
8.
A surcharge of seven dollars ($7.00) to be collected for the Justice
Information System Fund as authorized by Section 476.056, RSMo.
9.
[2]A surcharge of two dollars ($2.00) to be collected for
the Head Injury Fund as required by Section 304.028, RSMo.
[2]
Editor's Note: Former Subsection (A)(9), regarding a surcharge
collected for the Sheriff Retirement Fund, was repealed by Ord. No.
22-001, 1-10-2022. This ordinance also provided for the renumbering
of former Subsection (A)(10) through (18) as Subsection (A)(9) through
(17), respectively.
10.
A surcharge of one dollar ($1.00) to be collected for the Motorcycle
Safety Trust Fund as required by Section 302.137, RSMo.
11.
A surcharge of one dollar ($1.00) to be collected for the Independent
Living Center Fund as required by Section 488.5332, RSMo.
13.
A surcharge of four dollars ($4.00) to be collected for the Prosecuting
Attorney Retirement Fund as required by Section 488.026, RSMo.
14.
A surcharge of two dollars ($2.00) to be collected for the Spinal
Cord Injury Fund as required by Section 304.027, RSMo.
15.
A surcharge of ten dollars ($10.00) to be collected for the County
Treasury as required by Section 488.4014, RSMo.
16.
A surcharge of two dollars ($2.00) to be collected for the Domestic
Violence Fund as required by Section 488.607, RSMo.
17.
In all traffic violations in which a person has pled guilty,
a surcharge of two dollars ($2.00) shall be collected for the Juvenile
Justice Preservation Fund as required by Section 211.435, RSMo.
[Ord. No. 19-084, 9-30-2019]
[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:
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:
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;
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.
