State Law Reference — As to certain violations concerning
an accused with special needs, §479.040, RSMo.
[R.O. 2011 §130.010; Ord. No. 78-27 §3(4.1), 11-21-1978]
There is hereby established in this City a Municipal Court,
to be known as the "Riverside Municipal Court, a Division
of the 6th Judicial Circuit Court of the State of Missouri". This Court is a continuation of the Municipal Court of the City
as previously established, and is termed herein "the Municipal
Court".
Violations of municipal ordinances shall be heard and determined
only before divisions of the Circuit Court as hereinafter provided
in this Chapter. "Heard and determined", for purposes
of this Chapter, shall mean any process under which the court in question
retains the final authority to make factual determinations pertaining
to allegations of a municipal ordinance violation.
[R.O. 2011 §130.030; Ord. No. 78-27 §3(4.3), 11-21-1978; Ord. No. 87-32 §1, 8-18-1987]
The Municipal Judge shall be appointed to his/her position by
the Mayor of the City with the consent of a majority of the Board
of Aldermen for a term as specified herein.
[R.O. 2011 §130.040; Ord. No. 78-27 §3(4.4), 11-21-1978; Ord. No. 87-32 §2, 8-18-1987]
The Municipal Judge shall hold his/her office for a period of
two (2) years from the date of his/her appointment or until a successor
is appointed and duly qualified. If for any reason a Municipal Judge
vacates his/her office, his/her successor shall complete the term
of office even if the same be for less than two (2) years.
[R.O. 2011 §130.050; Ord. No. 78-27 §3(4.5), 11-21-1978]
A.
The
Municipal Judge shall vacate his/her office under the following circumstances:
1.
Upon removal from office by the State Commission on the Retirement,
Removal and Discipline of Judges, as provided in Missouri Supreme
Court Rule 12, or
2.
Upon attaining his/her seventy-fifth (75th) birthday, or
3.
In the event the Municipal Judge is not a lawyer then his/her office
shall be deemed vacated should he/she fail, within six (6) months
of his/her selection, to satisfactorily complete a course of instruction
for Municipal Judges as prescribed by the State Supreme Court. In
the event the Municipal Judge is a lawyer, then should said lawyer
lose his/her license to practice law within the State of Missouri
or be suspended from the practice of law within the State of Missouri.
[R.O. 2011 §130.060]
A.
The
Municipal Judge shall possess the following qualifications before
he/she shall take office:
1.
He/she must be a licensed attorney, qualified to practice law within
the State of Missouri.
2.
He/she need not reside within the City.
3.
He/she must be a resident of the State of Missouri.
4.
He/she must be between the ages of twenty-one (21) and seventy-five
(75) years.
5.
He/she may serve as a Municipal Judge for any other Municipality.
6.
He/she may not hold any other office within the City Government.
7.
The Municipal Judge shall be considered holding a part-time position,
and as such may accept other employment.
[R.O. 2011 §130.070; Ord. No. 78-27 §3(4.7), 11-21-1978]
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 said Court shall obey his/her
directives.
[R.O. 2011 §130.080; Ord. No. 78-27 §3(4.8), 11-21-1978]
The Municipal Judge shall cause to be prepared within the first
ten (10) days of every month a report indicating the following:
A list of all cases heard or 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 costs, the names of the defendants
committed and 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 Board
of Aldermen of the City 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 Municipal Treasurer the full
amount of all fines collected during the preceding month, if they
have not previously been paid.
[R.O. 2011 §130.090; Ord. No. 78-27 §3(4.9), 11-21-1978]
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 Platte 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.
[R.O. 2011 §130.100; Ord. No. 78-27 §3(4.10), 11-21-1978]
A.
The
Municipal Judge shall be and is hereby authorized to:
1.
Establish a Violations Bureau as provided for in the Missouri Rules
of Practice and Procedure in Municipal and Traffic Courts and Section
479.050, RSMo.
2.
Administer oaths and enforce due obedience to all orders, rules and
judgments made by him/her, and may fine and imprison for contempt
committed before him/her while holding Court, in the same manner and
to the same extent as a Circuit Judge.
3.
Commute the term of any sentence, stay execution of any fine or sentence,
suspend any fine or sentence, or make such other orders as the Municipal
Judge deems necessary relative to any matter that may be pending in
the Municipal Court.
4.
Make and adopt such rules of practice and procedure as are necessary
to implement and carry out the provisions of this Chapter, and to
make and adopt such rules of practice and procedure as are necessary
to hear and decide matters pending before the Municipal Court and
to implement and carry out the provisions of the Missouri Rules of
Practice and Procedure in Municipal and Traffic Courts. Any and all
rules made or adopted hereunder may be annulled or amended by an ordinance
limited to such purpose; provided that such ordinance does not violate,
or conflict with, the provisions of the Missouri Rules of Practice
and Procedure in Municipal and Traffic Courts, or State Statutes.
5.
The Municipal Judge shall have such other powers, duties and privileges
as are or may be prescribed by the laws of this State, this Chapter
or other ordinances of this City.
[R.O. 2011 §130.110; Ord. No. 78-27 §3(4.11), 11-21-1978]
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 Municipal Clerk is hereby designated as the Violations
Clerk for said bureau, if established.
[R.O. 2011 §130.120; Ord. No. 78-27 §3(4.12), 11-21-1978; Ord. No. 1520 § 1, 3-7-2017]
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.
[R.O. 2011 §130.130; Ord. No. 78-27 §3(4.13), 11-21-1978; Ord. No. 1520 § 1, 3-7-2017]
The Chief of Police or other Police Officer of the City may,
without a warrant, make arrest of any person who commits an offense
in his/her presence, but such officer shall, before the trial file
a written complaint with the Judge hearing violations of municipal
ordinances.
[R.O. 2011 §130.140; Ord. No. 78-27 §3(4.14), 11-21-1978]
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.
It shall be the duty of an attorney designated by the City 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
number of cases tried, the number of guilty verdicts reached, or the
amount of fines imposed or collected.
[R.O. 2011 §130.160; Ord. No. 78-27 §3(4.16), 11-21-1978]
It shall be the duty of the Municipal Judge to summon all persons
whose testimony may be deemed essential as witnesses at the trial,
and to enforce their attendance by attachment, if necessary. The fees
of witnesses shall be the same as those fixed for witnesses in trials
before Associate Circuit Judges and shall be taxed as other costs
in the case. When a trial shall be continued by a Municipal Judge
it shall not be necessary to summon any witnesses who may be present
at the continuance; but the Municipal Judge shall orally notify such
witnesses as either party may require to attend before him/her on
the day set for trial to testify in the case, and enter the names
of such witnesses on his/her docket, which oral notice shall be valid
as a summons.
[R.O. 2011 §130.170; Ord. No. 78-27 §3(4.17), 11-21-1978]
A.
If,
in the progress of any trial before a Municipal Judge, it shall appear
to the Judge that the accused ought to be put upon trial for an offense
against the criminal laws of the State and not cognizable before him/her
as Municipal Judge, he/she shall immediately stop all further proceedings
before him/her as Municipal Judge and cause the complaint to be made
before some Associate Circuit Judge within the County.
B.
For
purposes of this Section, any offense involving the operation of a
motor vehicle in an intoxicated condition as defined in Section 577.001,
RSMo., shall not be cognizable in Municipal Court, if the defendant
has been convicted, found guilty, or pled guilty to two (2) or more
previous intoxication-related traffic offenses as defined in Section
577.023, RSMo., or has had two (2) or more previous alcohol-related
enforcement contacts as defined in Section 302.525, RSMo.
[R.O. 2011 §130.180; Ord. No. 78-27 §3(4.18), 11-21-1978; Ord. No. 88-61 §2, 10-18-1988; Ord. No. 2002-32 §1, 3-5-2002; Ord. No. 1481 §2, 9-6-2016]
A.
If,
in the opinion of the Municipal Judge, the City has no suitable and
safe place of confinement, the Municipal Judge may commit the defendant
to the County Jail or to any private correctional facility with which
the City maintains a contractual arrangement for the jailing of City
prisoners, and it shall be the duty of the Sheriff or the Jailer of
any private facility 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 the
Sheriff or to any private confinement facility for the keeping of
such prisoner in his/her or its custody. The same shall be taxed as
costs. No prisoner shall at any time or in any manner be released
or transferred from custody unless and until the Chief of Police or
an authorized member of the Police Department has conducted an inquiry
of the Missouri Uniform Law Enforcement System (MULES) and an inquiry
of the National Crime Information Center (NCIC) to determine whether
there are any pending outstanding warrants for misdemeanors and/or
felonies on such prisoner who is to be released, whether the prisoner
has been convicted of a crime or is being held on suspicion of charges.
[Ord. No. 1520 § 1, 3-7-2017]
B.
The Municipal Judge may not sentence a defendant to confinement for failure to pay a fine for a minor traffic violation or municipal ordinance violation, as defined in Section 100.240(D)(1) and 100.240(E)(1) of this Code and Section 479.350, RSMo., unless such non-payment violates terms of probation or unless the due process procedures mandated by Missouri Supreme Court Rule 37.65 or its successor rule are strictly followed by the Municipal Judge.
[R.O. 2011 §130.190]
A.
Any
judge hearing violations of municipal ordinances may, when in his/her
judgment it may seem advisable, grant a parole or probation to any
person who shall plead guilty or who shall be convicted after a trial
before such judge. When a person is placed on probation he/she shall
be given a certificate explicitly stating the conditions on which
he/she is being released.
B.
In
addition to such other authority as exists to order conditions of
probation, the court may order conditions which the court believes
will serve to compensate the victim of the crime, any dependent of
the victim, or society in general. Such conditions may include, but
need not be limited to:
1.
Restitution to the victim or any dependent of the victim, in an amount
to be determined by the judge.
2.
The performance of a designated amount of free work for a public
or charitable purpose, or purposes, as determined by the judge.
3.
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.
4.
The court may modify or enlarge the conditions of probation at any
time prior to the expiration or termination of the probation term.
[R.O. 2011 §130.200; Ord. No. 78-27 §3(4.20), 11-21-1978]
In the event the Municipal Judge is a lawyer then 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. In the event that the
Municipal Judge is not a lawyer, the defendant shall have a right
to trial de novo, even from a plea of guilty, before the Circuit Judge
or Associate Circuit Judge. Such application for trial de novo shall
be filed within ten (10) days after judgment and shall be in a form
as provided by the Supreme Court Rules.
[R.O. 2011 §130.210; Ord. No. 78-27 §3(4.21), 11-21-1978]
In all cases in which a jury trial has been demanded, a record
of the proceedings shall be made, and appeals may be had upon that
record to the appropriate Appellate Court.
[R.O. 2011 §130.220; Ord. No. 78-27 §3(4.22), 11-21-1978]
In the case of a breach of any recognizance entered into before
a Municipal Judge or an Associate Circuit Judge hearing a municipal
ordinance violation case, the same shall be deemed forfeited and the
Judge shall cause the same to be prosecuted against the principal
and surety, or either of them, in the name of the municipality as
plaintiff. Such action shall be prosecuted before a Circuit Judge
or Associate Circuit Judge, and in the event of cases caused to be
prosecuted 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.
[R.O. 2011 §130.230; Ord. No. 78-27 §3(4.23), 11-21-1978]
A Municipal Judge shall be disqualified to hear any case in
which he/she is 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.
If the Municipal Judge or Provisional Judge be absent, sick
or disqualified from acting pursuant to the general administrative
authority of the Presiding Judge of the Circuit Court over the Municipal
Divisions within the circuit contained in Section 478.240, RSMo.,
a special Municipal Judge may be designated in accordance with the
provisions of Section 479.230, RSMo., until such absence or disqualification
shall cease.
[R.O. 2011 §§110.170, 130.250; CC 1971 §2.12; Ord. No. 76-4 §2, 2-17-1976; Ord. No. 78-27 §3(4.25), 11-21-1978]
A.
There
is hereby created a position of Municipal Court Clerk. The duties
of the 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.
2.
To safely and properly keep all bond money and fine money and to
promptly deliver the same to the City Treasury.
3.
To render a monthly accounting of all funds coming to the City or
deposited with the City by virtue of the Police Court.
4.
To take oaths and affirmations.
5.
To accept signed complaints, and allow the same to be signed and
sworn to or affirmed.
6.
Sign and issue subpoenas requiring the attendance of witnesses and
sign and issue subpoenas duces tecum.
7.
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.
8.
Maintain, properly certified by the City Clerk, a complete copy of
the ordinances of the City of the municipality which shall constitute
prima facia evidence of such ordinance before the Court.
9.
To keep a record of all cases filed and the disposition thereof.
10.
To promptly process all appeals.
11.
To certify to the Department of Revenue the record of conviction
for all moving traffic violations.
12.
To perform such other duties as directed by the Municipal Judge and/or
the City Administrator.
[R.O. 2011 §130.260; Ord. No. 78-27 §3(4.26), 11-21-1978; Ord. No. 81-27, 8-4-1981; Ord. No. 86-38 §§1 — 3, 8-19-1986; Ord. No. 92-37 §1, 6-16-1992; Ord. No. 93-2 §1, 1-12-1993; Ord. No. 96-138 §§1 —
2, 12-17-1996; Ord. No.
99-75 §§1 — 2, 10-5-1999; Ord. No. 2002-31 §1, 3-5-2002; Ord. No. 2002-95 §1, 8-13-2002; Ord. No. 2003-36 §1, 4-1-2003; Ord. No. 2007-66 §1, 7-17-2007]
A.
In
addition to any fine that may be imposed by the Municipal Judge, there
shall be assessed as costs in all cases the following:
1.
Costs of Court in the amount of twelve dollars ($12.00).
2.
Other costs, such as for the issuance of a warrant, a commitment
or a summons, as provided before the Associate Circuit Judge in criminal
prosecutions.
3.
Actual costs assessed against the City by the County Sheriff for
apprehension or confinement in the County Jail.
4.
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 this Court.
5.
Pursuant to Section 488.607, RSMo., an additional four dollars ($4.00)
for the benefit of shelters for victims of domestic violence established
pursuant to Sections 455.200 to 455.230, RSMo.
[Ord. No. 1692, 11-19-2019]
6.
Additional court costs. In addition to any other costs or fees, an additional sum of three dollars ($3.00) shall be assessed as costs to be added to the basic costs in Subsection (1) of this Section in any municipal ordinance violation, provided that no such cost shall be collected when the proceeding or the defendant has been dismissed by the Court. All sums collected pursuant to this Subsection shall be distributed as follows:
a.
Two dollars ($2.00) of each such Court cost shall be transmitted
monthly to the Treasurer of the City and used to pay for Police Officer
training as provided by Sections 590.100 to 590.180, RSMo.
b.
One dollar ($1.00) of each such Court cost shall be sent to the State
Treasury to the credit of the Peace Officers Standards and Training
Commission Fund created by Section 590.178, RSMo.
7.
An additional sum of seven dollars fifty cents ($7.50) shall be assessed and added to the basic costs in Subsection (1) of this Section, provided that no such cost shall be collected in any proceeding when the proceeding or the defendant has been dismissed by the Court. All sums collected pursuant to this Subsection shall be paid at least monthly as follows:
8.
Pursuant to Section 488.5026, RSMo., an additional two dollars ($2.00)
for all criminal cases, with the funds to be deposited in an "Inmate
Security Fund" for the purpose of maintaining a biometric verification
system and shall be collected and disbursed in accordance with Sections
488.010 to 488.020, RSMo., and shall be payable to the City Treasurer,
except that no such fee shall be collected in any proceeding when
the proceeding or the defendant has been dismissed by the Court or
when costs are to be paid by the State, County or municipality. Funds
deposited shall be utilized to develop biometric verification systems
to ensure that inmates can be properly identified and tracked within
the local jail system. Upon the installation of the biometric verification
system, funds in the Inmate Security Fund may be used for the maintenance
of the biometric verification system and to pay for any expenses related
to custody and housing and other expenses for prisoners.
9.
Reimbursement of certain costs of arrest.
[Ord. No. 1520 § 1, 3-7-2017]
a.
Upon a plea or a finding of guilty for a first (1st) offense of violating
the provisions of an ordinance of the City of Riverside involving
alcohol- or drug-related traffic offenses, the Court may, in addition
to imposition of any penalties provided by law, order the convicted
person to reimburse the Police Department for the costs associated
with such arrest.
b.
Such costs hereby authorized shall include the reasonable cost of
making the arrest, including the cost of any chemical test made as
authorized or required by law or ordinance to determine the alcohol
or drug content of the person's blood, and the costs of processing,
charging, booking and holding such person in custody.
c.
The Chief of Police shall establish a schedule of such costs hereby
authorized and shall submit the same to the Municipal Judge. However,
the Court may order the costs reduced if it determines that the costs
are excessive.
d.
Upon receipt of such additional costs authorized by this Subsection,
the City Treasurer shall retain such costs in a separate fund to be
known as the "DWI/Drug Offense Cost Reimbursement Fund". Monies within
such fund shall be appropriated by the Board of Aldermen to the Police
Department in amounts equal to those costs so collected and shall
be used by such department specifically to enhance and support the
enforcement and prosecution of alcohol- and drug-related traffic laws
within the City.
11.
In all cases for violation of an ordinance, a surcharge of seven
dollars ($7.00) is to be collected by the Municipal Court and transmitted
monthly to the Missouri Director of Revenue for the State Court Automation
Fund as provided in Sections 488.012.3(5) and 488.027, RSMo. Such
surcharge shall also be assessed in cases in which pleas of guilty
are processed in the Violations' Bureau. No such surcharge shall be
collected when the proceeding or defendant has been dismissed by the
court, when costs are waived, or when costs are paid to the State,
County, or municipality.[1]
[Ord. No. 1810, 10-19-2021[2]]
[R.O. 2011 §130.270; Ord. No. 78-27 §3(4.27), 11-21-1978]
The costs of any action may be assessed against the prosecuting
witness and judgment be rendered against him/her that he/she pay the
same and stand committed until paid in any case where it appear to
the satisfaction of the Municipal Judge that the prosecution was commenced
without probable cause and from malicious motives.
[R.O. 2011 §130.280; Ord. No. 78-27 §3(4.28), 11-21-1978]
When a fine is assessed for violating 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.
A.
Search Warrant Defined — Who May Issue, Execute.
1.
An administrative search warrant is a written order of the Municipal
Judge permitting the entry of City officials on or into private property,
structure, or improvement, to enforce the City's housing, zoning,
health and safety regulations when government entry on or into such
property is otherwise authorized by Missouri law. A warrant may issue
only in conformance with this Section and only for the enforcement
of the City's housing, zoning, health and safety regulations, specifically:
2.
The Municipal Judge having original and exclusive jurisdiction to
determine violations against the ordinances of the municipality, may
issue an administrative warrant when:
a.
The property to be entered is located within the City, and
3.
Any such warrant shall be directed to the Chief of Police or any
other Police Officer of the City and shall be executed by the Chief
of Police or said Police Officer, in conjunction with the Code Enforcement
Officer or other appropriate City official, within the City limits
and not elsewhere.
B.
Who May Apply For Warrant — Contents Of Application.
1.
Any Code Enforcement Officer, Police Officer, or Attorney of the
City may make application to the Municipal Judge for the issuance
of an administrative warrant.
2.
The application shall:
a.
Be in writing;
b.
State the time and date of the making of the application;
c.
Identify the property or places to be entered, searched, inspected
or seized in sufficient detail and particularity that the officer
executing the warrant can readily ascertain it;
d.
State that the owner or occupant of the property or places to be
entered, searched, inspected or seized:
e.
State facts sufficient to show probable cause for the issuance of a search warrant, as provided in Subsection (C) of this Section, to:
(1)
Search or inspect for violations of an ordinance or Code Section
specified in the application, or
(2)
Show that entry or seizure is authorized and necessary to enforce
an ordinance or Code Section specified in the application and/or abate
an ordinance violation and that due process has been afforded prior
to the entry or seizure;
f.
Be verified by the oath or affirmation of the applicant; and
g.
Be signed by the applicant and filed in the Municipal Court.
3.
The application may be supplemented by a written affidavit verified
by oath or affirmation. Such affidavit shall be considered in determining
whether there is probable cause for the issuance of a search warrant
and in filling out any deficiencies in the description of the property
or place to be searched or inspected. Oral testimony shall not be
considered.
4.
The application may be submitted by hand-delivery, mail, or facsimile
or other electronic means.
C.
Determination Of Probable Cause — Issuance — Contents
Of Warrant — Execution And Return.
1.
Determination of probable cause/issuance.
a.
The Municipal Judge shall determine whether probable cause exists
to inspect or search for the purposes noted herein.
b.
In doing so the Municipal Judge shall determine whether the action
to be taken by the City is reasonable in light of the facts stated.
The Municipal Judge shall consider the goals of the ordinance or Code
Section sought to be enforced and such other factors as may be appropriate,
including but not limited to the physical condition of the specified
property, the age and nature of the property, the condition of the
area in which the property is located, the known violation of any
relevant City ordinance or Code Section, the passage of time since
the property's last inspection, and the authority authorizing government
entry onto private property. The standard for issuing a warrant need
not be limited to actual knowledge of an existing violation of a City
ordinance or Code Section.
c.
If it appears from the application and any supporting affidavit that
there is probable cause to inspect or search the private property
for the enforcement of the City's housing, zoning, health and safety
regulations, a search warrant shall immediately be issued.
d.
The warrant shall issue in the form of an original and two (2) copies,
and the application, any supporting affidavit and one (1) copy of
the warrant as issued shall be retained in the records of the Municipal
Court.
e.
A search warrant shall expire if it is not executed within ten (10)
days after the date of the making of the application.
2.
Contents of search warrant. The search warrant shall:
a.
Be in writing and in the name of the City;
b.
Be directed to any Police Officer in the City;
c.
State the time and date the warrant was issued;
d.
Identify the property or places to be searched, inspected or entered
upon in sufficient detail and particularity so that the officer executing
the warrant can readily ascertain it;
e.
Identify the regulation sought to be enforced;
f.
Command that the described property or places be entered upon for
one (1) or more specified enforcement purposes as provided herein,
including inspection or abatement;
g.
Direct that any evidence of any suspected ordinance violations be
seized, recorded or photographed, and a description of such property
be returned, within ten (10) days after issuance of the warrant to
the Clerk of the Municipal Court, to be dealt with according to law;
h.
Be signed by the Judge, with his/her title of office indicated.
3.
Execution. 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:
a.
Copies of the warrant shall be given to the officer executing the
warrant. Copies may be transmitted by hand-delivery, mail or by facsimile
or other electronic means.
b.
The warrant shall be executed by conducting the search, inspection,
entry, abatement or seizure as commanded and shall be executed as
soon as practicable and in a reasonable manner but in no less than
ten (10) days after issuance of the warrant.
c.
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.
d.
The officer shall give the owner or occupant of the property searched,
inspected or entered upon a copy of the warrant or shall leave a copy
of the warrant at the property if the owner or occupant is not available.
e.
In the event that a warrant authorizes abatement of a nuisance or
other conditions, the Police Officer is not required to stay on the
property during the entire length of time that it takes for the abatement
to be completed.
4.
Itemized receipt/disposition of seized property.
a.
If any property is seized incident to the search or abatement, 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 or abatement in a conspicuous place.
b.
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.
c.
The disposition of property seized pursuant to a warrant under this
Section shall be in accordance with an applicable City ordinance or
Code Section, but in the absence of same, then with Section 542.301,
RSMo.
5.
Return required after execution of search warrant.
a.
After execution of the search warrant, the warrant, with a return
thereon signed by the officer making the search, shall be delivered
to the Municipal Court.
b.
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.
c.
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.
d.
The Court Clerk, upon request, shall deliver a copy of the return
to the possessor and the owner, when not the same person, of the property
searched or seized.
D.
Warrant Invalid, When.
1.
A search warrant shall be deemed invalid:
a.
If it was not issued by the Municipal Judge;
b.
If it was issued without a written application having been filed
and verified;
c.
If it was issued without sufficient probable cause in light of the goals of the ordinance to be enforced and such other factors as provided in Subsection (C) hereof;
d.
If it was not issued with respect to property or places in the City;
e.
If it does not describe the property or places to be searched, inspected,
entered upon or seized with sufficient certainty;
f.
If it is not signed by the Judge who issued it; or
g.
If it was not executed within ten (10) days after the date of the
issuance of the warrant.
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 he/she
would be justified in using if the warrant were valid.
