[CC 1988 §15-1; Ord. No. 2643 §2, 10-16-1978]
There is hereby established in this City a Municipal Court to be known as the "De Soto Municipal Court, a Division of the 23rd Judicial Circuit Court of the State of Missouri". This Court is a continuation of the Police Court of the City as previously established and is termed herein "the Municipal Court".
[CC 1988 §15-2; Ord. No. 2643 §2, 10-16-1978]
The jurisdiction of the Municipal Court shall extend to all cases involving alleged violations of this Code or any other ordinance of the City.
[CC 1988 §15-3; Ord. No. 2643 §2, 10-16-1978]
The judge of the City's Municipal Court shall be known as a Municipal Judge of the 23rd Judicial Circuit Court and shall be selected as follows:
He/she shall be appointed to his/her position by the City Manager for a term as specified herein.
[CC 1988 §15-4; Ord. No. 2643 §2, 10-16-1978]
The Municipal Judge shall hold his/her office for a period of two (2) years and shall take office biannually from August 1, 1979. If for any reason a Municipal Judge vacates his/her office, his/her successor shall complete that term of office, even if the same be for less than two (2) years.
[CC 1988 §15-5; Ord. No. 2643 §2, 10-16-1978]
The Municipal Judge shall vacate his/her office under the following circumstances:
[CC 1988 §15-6; Ord. No. 2643 §2, 10-16-1978]
The following list includes exemptions from qualifications, as well as the qualifications which the Municipal Judge shall possess before he/she shall take office:
He/she shall be a licensed attorney, qualified to practice law within the State.
He/she need not reside within the City.
He/she must be a resident of the State.
He/she must be between the ages of twenty-one (21) and seventy-five (75) years.
He/she may serve as Municipal Judge for any other municipality.
He/she may not hold any other office within the City Government.
The Municipal Judge shall be considered holding a part-time position and as such may accept (within the requirements of the Code of Judicial Conduct, Missouri Supreme Court Rule 2) other employment.
[CC 1988 §15-7; Ord. No. 2643 §2, 10-16-1978; Ord. No. 3391 §1, 12-20-1999]
The Municipal Judge shall be and is hereby authorized to:
Establish a Violations Bureau as provided for in the Missouri Rules of Practice and Procedure in Municipal and Traffic Courts and Section 479.050, RSMo.
Administer oaths and enforce due obedience to all orders, rules and judgments made by him/her and may fine and imprison persons for contempt committed before him/her while holding court in the same manner and to the same extent as a Circuit Judge.
Commute the term of any sentence, stay execution of any fine or sentence, suspend any fine or sentence, and make such other orders as the Municipal Judge deems necessary relative to any matter that may be pending in the Municipal Court.
Make and adopt such rules of practice and procedures as are necessary to implement and carry out the provisions of this Chapter, and to make and adopt such rules of practice and procedures 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.
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 any other ordinance of the City.
[CC 1988 §15-8; Ord. No. 2643 §2, 10-16-1978]
The Municipal Court of the City shall be subject to the rules of the Circuit Court of which it is a part and to the rules of the State Supreme Court. The Municipal Court shall be subject to the general administrative authority of the Presiding Judge of the Circuit Court, and the Judge and Court personnel of such Court shall obey his/her directives.
[CC 1988 §15-9; Ord. No. 2643 §2, 10-16-1978; Ord. No. 3988 §1, 9-16-2013]
The Municipal Judge shall cause to be prepared within the first ten (10) days of every month a report indicating the following:
A list of all cases heard and tried before the Court during the preceding month, giving in each case the name of the defendant, the fine imposed, if any, the amount of cost, the names of the defendants committed, and of the cases where there was an application for trial de novo, respectively. The same shall be prepared under oath by the Municipal Court Clerk or the Municipal Judge. This report will be filed with the City Clerk, who shall thereafter forward the same to the City Council for examination at its first (1st) session thereafter. The Municipal Court shall, within the ten (10) days after the first (1st) of the month, pay to the Finance Clerk the full amount of all fines collected during the preceding month, if they have not previously been paid.
[Ord. No. 3864 §1, 8-16-2010]
The Municipal Judge and Prosecuting Attorney shall cause to be prepared certain criminal arrest, charge and disposition of intoxication-related traffic offense information to the Missouri State Highway Patrol's central repository for filing without undue delay in the form and manner required by Sections 43.500 to 43.543, RSMo.
The Municipal Judge and Prosecuting Attorney shall cause to be prepared a report of dispositions of intoxication-related traffic offenses every six (6) months. The report shall include, but shall not be limited to, the total number and disposition of every intoxication-related traffic offense adjudicated, dismissed or pending in its Municipal Court Division. The report shall be submitted to the Jefferson County Circuit Court en banc. The report shall include the six (6) month period beginning January first (1st) and ending June thirtieth (30th) and the six (6) month period beginning July first (1st) and ending December thirty-first (31st) of each year. The report shall be submitted to the Jefferson County Circuit Court en banc no later than sixty (60) days following the end of the reporting period.
[CC 1988 §15-10; Ord. No. 2643 §2, 10-16-1978]
The Municipal Judge shall be a conservator of the peace. He/she shall keep a docket in which he/she shall enter every case commenced before him/her and the proceedings therein and he/she shall keep such other records as may be required. Such docket and records shall be records of the Circuit Court of the County. The Municipal Judge shall deliver the docket and records of the Municipal Court, and all books and papers pertaining to his/her office, to his/her successor in office or to the Presiding Judge of the Circuit Court.
[CC 1988 §15-11; Ord. No. 2643 §2, 10-16-1978; Ord. No. 3391 §1, 12-20-1999]
Should the Municipal Judge determine that there shall be a Violations Bureau, the City shall provide all expenses incident to the operation of the same. The City Municipal Court Clerk is hereby designated as the Violations Clerk for such Bureau, if established.
[CC 1988 §15-12; Ord. No. 2643 §2, 10-16-1978]
All warrants issued by a Municipal Judge shall be directed to the Chief of Police, or any other Police Officer of the municipality or to the Sheriff of the County. The warrant shall be executed by the Chief of Police, Police Officer or Sheriff 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.
[CC 1988 §15-13; Ord. No. 2643 §2, 10-16-1978]
The Chief of Police or other Police Officer of the City may, without a warrant, make an arrest of any person who commits an offense in his/her presence, but such officer shall file a written complaint before the trial with the Judge hearing violations of municipal ordinances.
[CC 1988 §15-14; Ord. No. 2643 §2, 10-16-1978]
Any person charged with a violation of a municipal ordinance of this City shall be entitled to a trial by jury as in prosecutions for 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.
[CC 1988 §15-15; Ord. No. 2643 §2, 10-16-1978]
It shall be the duty of an attorney appointed by the City Manager to prosecute the violations of the City's ordinances before the Municipal Judge or before any Circuit Judge hearing violations of the City's ordinances. The salary or fees of the attorney and his/her necessary expenses incurred in such prosecutions shall be paid by the City. The compensation of such attorney shall not be contingent upon the result in any case.
[CC 1988 §15-16; Ord. No. 2643 §2, 10-16-1978]
It shall be the duty of the Municipal Judge to summon all persons whose testimony may be deemed essential as witnesses at the trial and to enforce their attendance by attachment, if necessary. The fees of witnesses shall be the same as those fixed for witnesses in trials before Associate Circuit Judges and shall be taxed as are other costs in the case. When a trial shall be continued by a Municipal Judge, it shall not be necessary to summon any witnesses who may be present at the continuance; but the Municipal Judge shall orally notify such witnesses as either party may require to attend before him/her on the day set for trial to testify in the case and enter the names of such witnesses on his/her docket, which oral notice shall be valid as a summons.
[CC 1988 §15-17; Ord. No. 2643 §2, 10-16-1978]
If, in the progress of any trial before a Municipal Judge, it shall appear to the Judge that the accused ought to be put upon trial for an offense against the criminal laws of the State and not cognizable before him/her as Municipal Judge, he/she shall immediately stop all further proceedings before him/her as Municipal Judge and cause the complaint to be made before some Associate Circuit Judge within the County.
[CC 1988 §15-18; Ord. No. 2643 §2, 10-16-1978]
If, in the opinion of the Municipal Judge, the City has no suitable and safe place of confinement for a defendant, the Municipal Judge may commit the defendant to the County Jail, and it shall be the duty of the Sheriff, if space for the prisoner is available in the County Jail and upon receipt of a warrant of commitment from the Judge, to receive and safely keep such prisoner until discharged by due process of law. The municipality shall pay the board of such prisoner at the same rate as may now or hereafter be allowed to such Sheriff for the keeping of such prisoner in his/her custody. The same shall be taxed as costs.
Any Judge hearing violations of municipal ordinances may, when in his/her judgment it may seem advisable, grant a parole or probation to any person who shall plead guilty or who shall be convicted after a trial before such Judge. When a person is placed on probation, he/she shall be given a certificate explicitly stating the conditions on which he/she is being released.
In addition to such other authority as exists to order conditions of probation, the Court may order conditions which the Court believes will serve to compensate the victim of the crime, any dependent of the victim, or society in general. Such conditions may include, but need not be limited to:
A person may refuse probation conditioned on the performance of free work. If he/she does so, the Court shall decide the extent or duration of sentence or other disposition to be imposed and render judgment accordingly. Any County, City, person, organization or agency or employee of a County, City, organization or agency charged with the supervision of such free work or who benefits from its performance shall be immune from any suit by the person placed on parole or probation or any person deriving a cause of action from him/her if such cause of action arises from such supervision of performance, except for intentional torts or gross negligence. The services performed by the probationer or parolee shall not be deemed employment within the meaning of the provisions of Chapter 288, RSMo.
The Court may modify or enlarge the conditions of probation at any time prior to the expiration or termination of the probation term.
[CC 1988 §15-20; Ord. No. 2643 §2, 10-16-1978]
If the Municipal Judge is not a lawyer, the defendant shall have a right to a trial de novo, even from a plea of guilty, before a Circuit Judge or an Associate Circuit Judge. Such application for a trial de novo shall be filed within ten (10) days after the judgment and shall be in the form as provided by Supreme Court rules.
If the Municipal Judge is a lawyer, in all cases tried before the 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.
[CC 1988 §15-21; Ord. No. 2643 §2, 10-16-1978]
In all cases in which a jury trial has been demanded, a record of the proceedings shall be made, and appeals may be had upon that record to the appropriate Appellate Court.
[CC 1988 §15-22; Ord. No. 2643 §2, 10-16-1978]
In the case of a breach of any recognizance entered into before a Municipal Judge or Associate Circuit Judge hearing a municipal ordinance violation case, the same shall be deemed forfeited and the judge shall cause the same to be prosecuted against the principal and surety, or either of them, in the name of the municipality as plaintiff. Such action shall be prosecuted before a Circuit Judge or Associate Circuit Judge and in the event of cases caused to be prosecuted by a Municipal Judge, such shall be on the transcript of the proceedings before the municipal Judge. All monies recovered in such actions shall be paid over to the municipal Treasury to the General Revenue Fund of the municipality.
[CC 1988 §15-22.1; Ord. No. 2942 §1, 5-15-1989; Ord. No. 4043 §1, 8-1-2015]
In addition to the forfeiture of any bond or security which was given or pledged for his/her release, any person who, having been released upon a recognizance, a promise to appear, or was provided with a notice of summons to appear, or was released on a bond pursuant to any other provisions of law, fails to appear before the Municipal Judge as required shall be guilty of a misdemeanor and may be punished as provided in Section 100.090 of this Code.
No additional charge shall be issued for the failure to appear for a minor traffic violation as defined in Section 479.155, RSMo.
[CC 1988 §15-23; Ord. No. 2643 §2, 10-16-1978]
A Municipal Judge shall be disqualified to hear any case in which he/she is in anywise interested or, if before the trial is commenced, the defendant or the prosecutor files an affidavit that the defendant or the municipality, as the case may be, cannot have a fair and impartial trial by reason of the interest or prejudice of the Judge. Neither the defendant nor the municipality shall be entitled to file more than one (1) affidavit or disqualification in the same case.
[Ord. No. 3681 §1, 3-29-2006]
If a Municipal Judge be absent, sick or disqualified from acting, the Mayor of the City Council may request the City Manager to designate a special Municipal Judge as provided in Subsection (B) of this Section or the City Manager may designate some competent, eligible person to act as Municipal Judge until such absence or disqualification shall cease; provided however, that should a vacancy occur in the office of an elected Municipal Judge more than six (6) months before a general municipal election, then a special election shall be held to fill such vacancy; and in case of vacancy in the office of an elected Municipal Judge within less than six (6) months of a general municipal election, the office may be filled by a competent, eligible person designated by the City Manager or as provided in Subsection (B) of this Section.
The City Manager may appoint any other Municipal Judge within the Circuit to act as a special interim Municipal Judge for a Municipal Judge of the Circuit who is absent, sick or disqualified from acting.
The City Council shall provide by ordinance for the compensation of any person designated to act as Municipal Judge under the provisions of this Section.
[CC 1988 §15-25; Ord. No. 2643 §2, 10-16-1978; Ord. No. 3391 §1, 12-20-1999; Ord. No. 3788 §1, 5-19-2008]
The City Manager shall designate a suitable person to be the Administrator of the Municipal Court. Before entering upon the duties of his/her office, the Administrator shall take the proper oath of office. The duties of such Administrator shall be as follows:
To collect such fines for violations of such offenses as may be described, and the Court costs thereof.
To take oaths and affirmations.
To accept signed complaints and allow the same to be signed and sworn to or affirmed before him/her.
To sign and issue subpoenas requiring the attendance of witnesses and sign and issue subpoenas duces tecum.
To accept the appearance, waiver of trial and plea of guilty and payment of fine and costs in Violations Bureau cases or as directed by the Municipal Judge; generally act as Violation Clerk of the Violations Bureau.
To perform all other duties as provided for by ordinance, by rules of practice and procedure adopted by the Municipal Judge and by the Missouri Rules of Practice and Procedure in Municipal and Traffic Courts and by Statute.
To maintain, properly certified by the Administrator, a complete copy of the ordinances of the City or the municipality which shall constitute prima facie evidence of such ordinance before the Court. Further, to maintain a similar certified copy on file with the Administrator serving the Circuit Court of this County.
All warrants issued by a Municipal Judge shall be directed to the Chief of Police or any other Police Officer of the municipality or to the Sheriff of the County. The 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.
[CC 1988 §15-26; Ord. No. 3076 §1, 5-18-1992; Ord. No. 3233 §1, 9-18-1995; Ord. No. 3236 §1, 10-16-1995; Ord. No. 3335 §1, 3-16-1998; Ord. No. 3336 §1, 3-16-1998; Ord. No. 3337 §1, 3-16-1998; Ord. No. 3391 §§1 — 2, 12-20-1999; Ord. No. 3469 §§1 — 2, 10-15-2001; Ord. No. 3504 §1, 9-16-2002; Ord. No. 3664 §1, 3-29-2006; Ord. No. 3773 §1, 5-19-2008; Ord. No. 3840 §1, 3-15-2010; Ord. No. 3959 §1, 1-21-2013]
In addition to any fine that may be imposed by the Municipal Judge, there shall be assessed as costs in all cases, except as otherwise specifically herein provided:
Costs of Court in the amount of twelve dollars ($12.00) per case for each municipal ordinance violation case filed in the De Soto Municipal Division of the Circuit Court. This amount will also be assessed as costs in cases disposed of in the Violations Bureau unless a lesser amount is established by order of the Municipal Judge.
Pursuant to the provisions of Section 590.140, RSMo., there shall be assessed as costs an additional fee of two dollars ($2.00) in each Court proceeding filed for each municipal ordinance violation for training of Police Officers. An additional one dollar ($1.00) shall be assessed as costs, as provided in Section 590.140, RSMo., and sent to the State Treasury to the credit of the Peace Officer Standards and Training Commission Fund created in Section 590.178, RSMo.
Pursuant to Section 479.607, RSMo., and Resolution 1-10-92 of the County Commission of Jefferson County, in cases where the defendant pleads guilty, is found guilty, or disposes of his/her case at the Violations Bureau, an additional cost of two dollars ($2.00) shall be forwarded to the Jefferson County Treasurer at least monthly to be deposited into a special fund to be expended to provide financial assistance to shelters for victims of domestic violence or battered persons as defined in Sections 455.200 to 455.230, RSMo.
Pursuant to Section 595.045.1, RSMo., a fee of seven dollars fifty cents ($7.50) shall be assessed as costs in each case, except that no such costs shall be collected for any violation of any ordinance adopted under the authority of Chapter 252, RSMo. No such fee shall be collected when the proceeding or defendant has been dismissed by the Court or when the costs are to be paid by the State, County or City of De Soto on behalf of an indigent defendant. Monies collected by the Clerk of the Municipal Court pursuant to this Subsection shall be paid at least monthly as follows: For each seven dollars fifty cents ($7.50) fee collected the City of De Soto will remit seven dollars thirteen cents ($7.13) to the Missouri Department of Revenue and thirty-seven cents ($.37) to the City of De Soto Treasury.
Actual costs assessed against the City by the County Sheriff for apprehension or confinement in the County Jail.
Other costs, such as for the service of a warrant, a commitment, a summons or a subpoena, and witness fees, in the maximum amount authorized by the Revised Statutes of the State of Missouri in criminal prosecutions.
Mileage, in the same amount as provided to the Sheriff in criminal violations, for each mile and fraction thereof the officer must travel (in both directions) in order to serve any warrant or commitment or order of the Court.
When there is an application for trial de novo, there shall be an additional cost deposit by the defendant in an amount which shall be provided by 23rd Judicial Circuit Local Court rules. This cost deposit shall be filed with the office of the Circuit Clerk as provided for in 23rd Judicial Circuit Local Court rules. The Municipal Judge shall not have the authority to waive the filing of the cost deposit set forth in this Subsection. If a defendant files an application to waive the cost deposit set forth in this Subsection and to proceed in forma pauperis, then the Municipal Judge shall accept the application as filed and shall certify the cause to the Circuit Clerk subject however to the review of the application to waive cost deposit by the Chief Judge, Presiding of the Circuit Court of the 23rd Judicial Circuit, as provided by the 23rd Judicial Circuit Local Court rules.
The foregoing costs shall be assessed for each municipal ordinance violation case filed before the Municipal Judge, and in the event a defendant pleads guilty or is found guilty, the Judge may assess costs against the defendant, except in those cases where the defendant is found by the Judge to be indigent and unable to pay the costs.
Any person who is convicted or pleads guilty to a speeding violation or passing/overtaking a vehicle in a work/construction zone when there was any person present performing duties in the work/construction zone and appropriate signs were posted stating "Warning: Minimum $250 fine for speeding or passing in this work zone when workers are present" shall be assessed a fine of two hundred fifty dollars ($250.00) in addition to any other fine assessed if the offense occurred within a construction zone or a work zone and at the time the speeding or passing violation occurred there was any highway worker in such zone; except that any person assessed the two hundred fifty dollar ($250.00) fine shall not also be assessed the thirty-five dollar ($35.00) fine for any of the following offenses in a construction or work zone: any moving violation or violation of speeding, leaving the scene, careless and imprudent driving, operating without a valid license, operating with a suspended or revoked license, obtaining a license by misrepresentation, driving while intoxicated, under the influence or BAC, any felony offense involving the use of a vehicle or failure to maintain financial responsibility.
Pursuant to Section 479.260, RSMo., there shall be assessed as costs an additional fee of one dollar ($1.00) in each Court proceeding filed for each municipal ordinance violation for the judicial education fund; provided that a Judicial Education Fund is established in a separate account under the control of the Municipal Court. The Judicial Education Fund shall be used only to pay for:
[CC 1988 §15-26.1; Ord. No. 3105 §1, 9-21-1992]
Pursuant to Section 577.048, RSMo., the Chief of Police, or his/her designee, shall establish a schedule of the reasonable costs of arrest for violations of ordinances of the City of De Soto involving alcohol- or drug-related traffic offenses. Such costs shall include the reasonable cost of making the arrest, including the cost of any chemical test made to determine the alcohol or drug content of the person's blood, and the costs of processing, charging, booking and holding such person in custody. The Judge of the Municipal Court may order the costs reduced if he/she determines that the costs are excessive.
Upon a plea of guilty or a finding of guilty for violating the ordinances of the City of De Soto involving alcohol- or drug-related traffic offenses, the Judge of the Municipal Court may, in addition to the imposition of any penalties and Court costs provided by law or the ordinances of the City of De Soto, order the convicted person to reimburse the City of De Soto for the costs associated with his/her arrest. Such costs shall include the reasonable cost of making the arrest, including the cost of any chemical test 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.
[CC 1988 §15-27; Ord. No. 2656 §1, 2-19-1979]
The costs of any action may be assessed against the prosecuting witness and judgment be rendered against him/her that requires that he/she pay the same and stand committed until paid in any case where it appears to the satisfaction of the Municipal Judge that such prosecuting witness refuses or fails to prosecute or refuses or fails to testify in the case.
[CC 1988 §15-28; Ord. No. 2643 §2, 10-16-1978]
When a fine is assessed for the violation of an ordinance, it shall be within the discretion of the Judge assessing the fine to provide for the payment of a fine on an installment basis under such terms and conditions as he/she may deem appropriate.
[CC 1988 §15-29; Ord. No. 2855 §1, 10-5-1987]
When any person sentenced to pay a fine defaults in the payment of the fine or in any installment, the Court upon motion of the Prosecuting Attorney or upon its own motion may require him/her to show cause why he/she should not be imprisoned for non-payment. The Court may issue a warrant of arrest or a summons for his/her appearance.
Following an order to show cause under Subsection (A), unless the person shows that his/her default was not attributable to an intentional refusal to obey the sentence of the Court, or not attributable to a failure on his/her part to make a good faith effort to obtain the necessary funds for payment, the Court may order the defendant imprisoned for a term not to exceed the term which could have been imposed for the offense for which the fine was imposed. The Court may provide in its order that payment or satisfaction of the fine at any time will entitle the person to his/her release from such imprisonment or, after entering the order, may at any time reduce the sentence for good cause shown, including payment or satisfaction of the fine. If it appears that the default in the payment of the fine is excusable, the Court may enter an order allowing the person additional time for payment, reducing the amount of the fine or of each installment, or revoking the fine or the unpaid portion in whole or in part.
Search Warrant Defined — Who May Issue, Execute.
An administrative search warrant is a written order of the Municipal Judge commanding the search or inspection of any property, place or thing, and the seizure, photographing, copying or recording of property or physical conditions found thereon or therein, to determine or prove the existence of violations of any ordinance or Code Section of the City 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.
The Municipal Judge having original and exclusive jurisdiction to determine violations against the ordinances of the municipality may issue an administrative search warrant when (i) 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 (ii) 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 by the City.
Any such warrant shall be directed to the Police Chief or any other Police Officer of the City and shall be executed by the Police Chief or said Police Officer within the City limits and not elsewhere.
Who May Apply For Warrant — Contents Of Application.
Any Police Officer or an attorney of the City may make application to the Municipal Judge for the issuance of an administrative search warrant.
The application shall:
Be in writing;
State the time and date of the making of the application;
Identify the property or places to be entered, searched, inspected or seized in sufficient detail and particularity that the officer executing the warrant can readily ascertain it;
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;
State facts sufficient to show probable cause for the issuance of a search warrant, as provided in Subsection (C)(1) hereof, to:
Search or inspect for violations of an ordinance or Code Section specified in the application; or
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;
Be verified by the oath or affirmation of the applicant; and
Be signed by the applicant and filed by the Municipal Officer.
The application may be supplemented by a written affidavit verified by oath or affirmation. Such affidavit shall be considered in determining whether there is probable cause for the issuance of a search warrant and in filling out any deficiencies in the description of the property or place to be searched or inspected. Oral testimony shall not be considered.
Hearing And Procedure — Contents Of Warrant — Execution And Return.
Hearing and procedure.
The Municipal Judge shall hold a non-adversary hearing to determine whether probable cause exists to inspect or search for violations of any City ordinance or Code Section, or to enforce any such ordinance or Code Section.
In doing so the Municipal Judge shall determine whether the action to be taken by the City is reasonable in light of the facts stated. The Municipal Judge shall consider the goals of the ordinance or Code Section sought to be enforced and such other factors as may be appropriate, including but not limited to the physical condition of the specified property, the age and nature of the property, the condition of the area in which the property is located, the known violation of any relevant City ordinance or Code Section and the passage of time since the property's last inspection. The standard for issuing a warrant need not be limited to actual knowledge of an existing violation of a City ordinance or Code Section.
If it appears from the application and any supporting affidavit that there is probable cause to inspect or search for violations of any City ordinance or Code Section, or to enforce any such ordinance or Code Section, a search warrant shall immediately be issued.
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 warrant as issued shall be retained in the records of the Municipal Officer.
Contents of search warrant. The search warrant shall:
Be in writing and in the name of the City;
Be directed to any Police Officer in the City;
State the time and date the warrant was issued;
Identify the property or places to be searched, inspected or entered upon in sufficient detail and particularity that the officer executing the warrant can readily ascertain it;
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;
Be signed by the Judge, with his/her title of office indicated.
Execution and return.
A search warrant issued under this Section shall be executed only by a City Police Officer, provided however, that one (1) or more designated City Officials may accompany the officer, and the warrant shall be executed in the following manner:
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.
The officer shall give the owner or occupant of the property searched, inspected or entered upon a copy of the warrant.
Itemized receipt — disposition of seized property.
If any property is seized incident to the search, the officer shall give the person from whose possession it was taken, if the person is present, an itemized receipt for the property taken. If no such person is present, the officer shall leave the receipt at the site of the search in a conspicuous place.
A 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.
The disposition of property seized pursuant to a search warrant under this Section shall be in accordance with an applicable City ordinance or Code Section, but in the absence of same, then with Section 542.301 of the Revised Statutes of Missouri.
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.
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.
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.
Return required after execution of search warrant.
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 Officer.
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.
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.
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.
Warrant Invalid, When. A search warrant shall be deemed invalid:
If it was not issued by the Municipal Judge;
If it was issued without a written application having been filed and verified;
If it was issued without sufficient probable cause in light of the goals of the ordinance to be enforced and such other factors as provided in Subsection (C)(1)(b) hereof;
If it was not issued with respect to property or places in the City;
If it does not describe the property or places to be searched, inspected, entered upon or seized with sufficient certainty;
If it is not signed by the Judge who issued it; or
If it was not executed and the required return made within ten (10) days after the date of the making of the application.
[Ord. No. 3958 §1, 1-21-2013]
Notwithstanding any other provision of law and subject to the provisions of this Section, if the person was found guilty of any of the offenses specified in Subsection (B) of this Section in the De Soto Municipal Court, any person may apply to the De Soto Municipal Court for an order to expunge recordations of such arrest, plea, trial, or conviction. A person may apply to have one (1) or more offenses expunged so long as such person lists all the offenses he or she is seeking to have expunged in the same petition and so long as all such offenses are eligible under Subsection (B) of this Section.
The following offenses are eligible to be expunged when prosecuted in the De Soto Municipal Court:
The petition shall name as defendants all law enforcement agencies, courts, prosecuting or circuit attorneys, central State repositories of criminal records, or others who the petitioner has reason to believe may possess the records subject to expungement for each of the offenses listed in the petition. The court's order of expungement shall not affect any person or entity not named as a defendant in the action.
The petition shall be dismissed if it does not include the following information:
Each offense charged against the petitioner for which the petitioner is requesting expungement;
The date the petitioner was arrested for each offense;
The name of the agency that arrested the petitioner for each offense;
The case number and name of the court for each offense; and
Petitioner's fingerprints on a standard fingerprint card at the time of filing a petition for expungement which will be forwarded to the central repository for the sole purpose of positively identifying the petitioner.
The court may set a hearing on the matter no sooner than thirty (30) days from the filing of the petition and shall give reasonable notice of the hearing to each entity named in the petition. At the hearing, the court may accept evidence and hear testimony on, and may consider, the following criteria for each of the offenses listed in the petition for expungement:
The person has not been found guilty of a misdemeanor or felony, not including violations of the traffic regulations provided under Chapters 304 and 307, RSMo., during the time period specified for the underlying offense in Subdivision (1) of this Subsection;
The person has paid any amount of restitution ordered by the court;
The circumstances and behavior of the petitioner warrant the expungement; and
The expungement is consistent with the public welfare.
If the court determines at the conclusion of the hearing that such person meets all the criteria set forth in Subsection (E) of this Section for each of the offenses listed in the petition for expungement, the court may enter an order of expungement. A copy of the order shall be provided to each entity named in the petition, and, upon receipt of the order, each entity shall destroy any record in its possession relating to any offense listed in the petition. If destruction of the record is not feasible because of the permanent nature of the record books, such record entries shall be blacked out. Entries of a record ordered expunged shall be removed from all electronic files maintained with the State of Missouri, except for the files of the court. The records and files maintained in any court proceeding for any offense ordered expunged under this Section shall be confidential and only available to the parties or by order of the court for good cause shown. The central repository shall request the Federal Bureau of Investigation to expunge the records from its files.
The order shall not limit any of the petitioner's rights that were restricted as a collateral consequence of such person's criminal record, and such rights shall be restored upon issuance of the order of expungement. Except as otherwise provided under this Section, the effect of such order shall be to restore such person to the status he or she occupied prior to such arrests, pleas, trials, or convictions as if such events had never taken place. No person as to whom such order has been entered shall be held thereafter under any provision of law to be guilty of perjury or otherwise giving a false statement by reason of his or her failure to recite or acknowledge such arrests, pleas, trials, convictions, or expungement in response to an inquiry made of him or her and no such inquiry shall be made for information relating to an expungement, except the petitioner shall disclose the expunged offense to any court when asked or upon being charged with any subsequent offense. The expunged offense may be considered a prior offense in determining a sentence to be imposed for any subsequent offense that the person is found guilty of committing.
Notwithstanding the provisions of Subsection (G) of this Section to the contrary, a person granted an expungement shall disclose any expunged offense when the disclosure of such information is necessary to complete any application for:
A license, certificate, or permit issued by this State to practice such individual's profession;
Any license issued under Chapter 313, RSMo.; or
Paid or unpaid employment with an entity licensed under Chapter 313, RSMo., any state-operated lottery, or any emergency services provider, including any law enforcement agency.
If the court determines that such person has not met the criteria for any of the offenses listed in the petition for expungement, the court shall enter an order dismissing the petition. Any person whose petition for expungement has been dismissed by the court for failure to meet the criteria set forth in Subsection (E) of this Section may not refile another petition until one (1) year has passed since the date of filing for the previous petition.
A person may be granted more than one (1) expungement under this Section provided that no person shall be granted more than one (1) order of expungement from the same court. Nothing contained in this Section shall prevent the court from maintaining records to ensure that an individual has only one (1) petition for expungement granted by such court under this Section.