Velda City, MO
St. Louis County
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Table of Contents
Table of Contents
[Ord. No. 316 §2(115.010), 1-11-1979]
There is hereby established in this City a Municipal Court to be known as the "Velda City Municipal Court, a Division of the Circuit Court of St. Louis County, State of Missouri". This Court is a continuation of the Municipal Court of the City as previously established.
[Ord. No. 316 §2(115.020), 1-11-1979]
A. 
The Mayor shall appoint with the approval of a majority of the members of the Board of Aldermen a Municipal Judge and a Clerk of the Municipal Court and such other non-judicial personnel as may be required for effective administration of the Court's business. The Municipal Judge shall hold his/her office for a period of two (2) years and shall take office bi-annually from January 2, 1979. The Mayor shall have the power to designate a competent, eligible and qualified person to hold the office of Provisional Judge, who shall act in case of the disqualification, absence, sickness, disability or other incapacity of the Municipal Judge.
B. 
The Municipal Judge and the Provisional Judge will each meet the following qualifications:
1. 
Must be between the ages of twenty-one (21) and seventy-five (75) years.
2. 
Must be a resident of the State of Missouri, but need not be a resident of Velda City.
3. 
Must be an attorney at law, licensed by the Missouri Supreme Court and qualified to practice law within the State of Missouri.
4. 
Must not hold any other office of Velda City, though they may hold other or similar offices in other municipalities.
[Ord. No. 316 §2(115.030), 1-11-1979]
A. 
If for any reason a Municipal Judge vacates his/her office, his/her appointed successor shall complete that term of office even if the same be for less than two (2) years. 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,
2. 
Upon attaining his/her seventy-fifth (75th) birthday, or
3. 
Upon losing his/her license to practice law within the State of Missouri.
[Ord. No. 316 §2(115.040), 1-11-1979]
A. 
The Board of Aldermen shall set the compensation for the Municipal Judge, Provisional Judge and Court Clerk and other non-judicial personnel by ordinance.
B. 
The Board of Aldermen shall provide a Court room at the expense of the City suitable for the holding of the sessions of Court.
C. 
The Municipal Judge shall determine the day and time at which sessions of the Municipal Court shall be convened in the Court room.
[Ord. No. 316 §2(115.050), 1-11-1979]
The Municipal Judge shall be a conservator of the peace within the City boundaries. He/she shall have original jurisdiction to hear and determine violations against the City ordinances. He/she shall exercise generally the powers, duties and jurisdiction as set forth in the Revised Statutes of Missouri, Supreme Court Rule 37 and the City ordinances. All decisions and orders of the Municipal Judge and all matters before the Municipal Court shall be governed by the procedural and substantive law of the Revised Statutes of Missouri, Supreme Court Rule 37 and case law applicable to the Missouri Courts.
[Ord. No. 316 §2(115.060), 1-11-1979]
The Municipal Court of the City shall be subject to the rules of the Circuit Court of St. Louis County and to the rules of the Missouri State Supreme Court. The Municipal Court shall be subject to the general administrative authority of the Presiding Judge of the Circuit Court of St. Louis County and the Municipal Judge and Municipal Court personnel shall obey the directives of the Presiding Judge.
[Ord. No. 316 §2(115.070), 1-11-1979]
The Municipal Judge shall keep the docket in which he/she shall enter every case commenced before him/her and record the proceedings thereon. He/she shall keep such other records as are required by the Circuit Court of St. Louis County and the Missouri Supreme Court. All dockets and records kept shall be the records of the Circuit Court of St. Louis County. Upon leaving office the Municipal Judge shall deliver the dockets and the records of the Municipal Court, and all other books and papers pertaining to his/her office, to his/her successor in office or to the Presiding Judge of the Circuit Court of St. Louis County. In addition to the foregoing for each month that the Municipal Judge holds office, he/she shall cause the Court Clerk to prepare a report of the Court proceedings for that month for delivery to the City Clerk for presentation to the Mayor and the Board of Aldermen at a regular monthly meeting; said monthly report to provide the information set forth in Section 125.100 of this Chapter.
[Ord. No. 316 §2(115.080), 1-11-1979]
A. 
The Municipal Judge shall be and is hereby authorized to:
1. 
Administrate 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 in Court in the same manner and to the same extent as a Circuit Judge.
2. 
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 Courts. Any and all rules made or adopted hereunder may be annulled or amended by the Board of Aldermen 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 Courts or State Statutes.
3. 
To summon and subpoena all persons whose testimony may be deemed essential as witnesses at the trial of a violation; and to enforce their attendance by attachment if necessary. When a trial shall be continued by the Municipal Judge it shall not be necessary to resummon or resubpoena any witnesses who may be present at the time of the continuance if the Municipal Judge shall orally notify such witnesses to attend before him/her on the new date set for trial to testify in the case. The Municipal Judge shall enter the names of any such witnesses so orally notified on his/her docket and such oral notice shall be as valid as a summons or subpoena.
4. 
To immediately stop all further proceedings before him/her if it shall appear to him/her that the defendant ought to be put upon trial for an offense against the criminal laws of the State of Missouri and not cognizable before the Municipal Court, and to cause the complaint to be made before an Associate Circuit Judge of St. Louis County.
5. 
To enter a judgment and sentence of imprisonment against a convicted defendant in the Municipal Court; and 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 St. Louis County Jail and to the custody of the Sheriff of St. Louis County of the St. Louis County Department of Welfare, if space for the prisoner is available in the County Jail, who upon receipt of a warrant of commitment from the Municipal Judge shall safely receive and keep said prisoner/ defendant until discharged by due process of law. The City shall pay the board of such defendant/prisoner at the same rate as is regularly allowed to such Sheriff or department for the keeping of such prisoners in its custody.
6. 
To suspend the imposition of sentence.
7. 
To temporarily or permanently stay execution of all or part of any sentence of imprisonment or fine.
8. 
Waive all or part of the Court costs assessed in a particular case.
9. 
Make use of public or private probation program of his/her choice for the referral of defendants for any of the following purposes: to make recommendations for sentencing after conducting a background investigation of the defendant; to enroll the defendant in a counseling program or short-term educational program appropriate to the offense for which the defendant has been charged; to supervise defendants placed on probation by the Municipal Judge; and for such other purposes as the Municipal Judge may direct.
10. 
To have and exercise such other powers, duties and privileges as are or may be necessary to perform his/her function and as are prescribed by the laws of the State of Missouri, the rules of the Missouri Supreme Court, this Chapter and the other ordinances of this City.
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; and
2. 
The performance of a designated amount of free work for a public or charitable purpose, or purposes, as determined by the Judge.
C. 
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.
D. 
The Court may modify or enlarge the conditions of probation at any time prior to the expiration or termination of the probation term.
[Ord. No. 316 §2(115.090), 1-11-1979]
A. 
The duties and authority of the Municipal Court Clerk shall be as follows:
1. 
To take oaths and affirmations.
2. 
To have complaints signed and sworn to in his/her presence.
3. 
To sign and issue warrants, commitments to jail and subpoena.
4. 
To establish the amount of bail and admit to bail.
5. 
To accept the appearance, waiver of trial and plea of guilty from defendants at the Traffic Violations Bureau.
6. 
To accept the payment of fines and Court costs at sessions of Court and at the Traffic Violations Bureau.
7. 
To maintain a complete copy of the ordinances of Velda City, certified by the City Clerk, which shall constitute prima facie evidence of such ordinances before the Municipal Court.
8. 
To prepare and provide to the City Clerk by the tenth (10th) day of each month a confidential sworn report by the affidavit of the Court Clerk of the Municipal Court of all defendants cases heard or tried by the Municipal Judge during the preceding month. The City Clerk shall in turn present said report to the Mayor and the Board of Aldermen at its first (1st) session thereafter. The report shall consist of:
a. 
The names of all defendants who are convicted of an ordinance violation or who request a trial de novo in the St. Louis County Circuit Court,
b. 
The amount of the fine or sentence imposed and the Court costs assessed, and
c. 
If applicable, that a trial de novo was requested.
9. 
Perform all other duties as provided for the Municipal Court Clerk to perform by this Chapter, other ordinances of Velda City, Rules of the Missouri Supreme Court or local rules adopted by the Municipal Judge, and the laws of the State of Missouri; and to perform such other duties as directed from time to time in writing by the Municipal Judge.
[Ord. No. 316 §2(115.100), 1-11-1979]
The Municipal Judge shall establish a Traffic Violations Bureau in accordance with Section 479.050, RSMo., if requested by either the Mayor or the Board of Aldermen; otherwise the establishment of a Traffic Violations Bureau shall be at the option of the Municipal Judge. Court costs in amounts set under Section 125.130(A) shall also be collected for violations paid in the Traffic Violations Bureau, whenever the Municipal Judge has so designated their collection for the particular violation.
[Ord. No. 316 §2(115.110), 1-11-1979]
A. 
Disqualification. The Municipal Judge shall be disqualified from hearing a case:
1. 
On his/her own motion if in any way he/she has an interest in the result of the case, or
2. 
Upon affidavit filed before trial begins by either the defendant or the prosecutor stating that they cannot have a fair and impartial trial by reason of the interest, bias or prejudice of the Municipal Judge. Neither the prosecutor nor the City may file more than one (1) such affidavit in the same case.
B. 
Right To Jury Trial. Any person charged with the violation of a municipal ordinance of this City shall be entitled to a trial by jury, in the same manner as in prosecution for misdemeanors before an Associate Circuit Judge of St. Louis County. 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 of St. Louis County for reassignment and hearing.
C. 
Appeals (Trial De Novo). In all cases tried before the Municipal Judge on a plea of not guilty wherein the defendant is found guilty after said trial, the defendant shall have the right of appeal for a trial de novo in the Circuit Court of St. Louis County. An application for trial de novo shall be filed and perfected within ten (10) days after judgment on such form and in such manner as provided by Missouri Supreme Court Rules.
[Ord. No. 316 §2(115.120), 1-11-1979; Ord. No. 351 §2, 10-15-1980; Ord. No. 552 §§1 — 2, 9-12-2001]
A. 
In addition to any fine that may be imposed by the Municipal Judge in any case filed in the St. Louis County Municipal Division of the 21st Judicial Circuit Court, and in addition to all other fees authorized or required by law, there shall be assessed as costs the following:
1. 
Costs of Court in the amount of twelve dollars ($12.00).
2. 
Police Officer training fee. A fee of three dollars ($3.00) is hereby established and assessed as additional Court costs in each Court proceeding, except that no such fee shall be collected when the proceedings against the defendant have been dismissed.
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. The City shall not retain for training purposes more than one thousand five hundred dollars ($1,500.00) of such funds for each certified Law Enforcement Officer or candidate for certification employed by the City. Any excess funds shall be transmitted quarterly to the City's General Fund.
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.
3. 
Crime victims' compensation fund.
a. 
A surcharge in the sum of seven dollars fifty cents ($7.50) shall be assessed in each Court proceeding filed in a case for violation of any City ordinance, 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 Court costs are to be paid by the City.
b. 
The Court Clerk shall allocate seven dollars thirteen cents ($7.13) of said surcharge to the State Department of Revenue and the remaining thirty-seven cents ($.37) to the City Treasury.
4. 
Shelters for Battered Persons Fund.
[Ord. No. 661 §1, 7-10-2013[1]]
a. 
A surcharge in the sum of two dollars ($2.00) shall be assessed in each case filed in the Velda City Municipal Court for the violation of ordinances in the City. No surcharge shall be collected in any proceeding when the proceeding or defendant has been dismissed by the Court or when costs are to be paid by the City.
b. 
Such cost shall be collected by the Clerk of the Court and disbursed by the Board of Aldermen, for the purpose of providing operating expenses for shelters for battered persons, as defined in Sections 455.200 to 455.230, RSMo.
[1]
Editor's Note: Section 1 of this ordinance provided for the redesignation of former Subsection (A)(4), (5) and (6) as Subsection (A)(6), (7) and (8), respectively.
5. 
Inmate Prisoner Detainee Security Fund.
[Ord. No. 661 §1, 7-10-2013]
a. 
A surcharge in the sum of two dollars ($2.00) shall be assessed in each case filed in the Velda City Municipal Court for the violation of ordinances in the City. No surcharge shall be collected in any proceeding when the proceeding or defendant has been dismissed by the Court or when costs are to be paid by the City.
b. 
Such cost shall be collected by the Clerk of the Court and deposited into the Inmate Prisoner Detainee Security Fund and utilized to acquire, develop, install and maintain a biometric verification system and information sharing to ensure that inmates, prisoners and detainees can be properly identified and tracked within the City's detention system, and to pay for any expenses related to custody and housing and other expenses for inmates, prisoners and detainees, all in accord with Section 488.5026, RSMo.
6. 
Motorcycle Safety Trust Fund.
a. 
Any person who violates a municipal ordinance when the Court finds that the violation occurred when the Defendant was the operator of a motorcycle or motortricycle shall have a judgment assessed against the Defendant of five dollars ($5.00) in the favor of the State of Missouri Motorcycle Safety Trust Fund. Any motor vehicle operator who violates a municipal ordinance where the violation involves a motorcycle or motortricycle or where the operator causes an accident involving a motorcycle or motortricycle shall have a judgment assessed against the Defendant of five dollars ($5.00) in the favor of the State of Missouri Motorcycle Safety Trust Fund.
b. 
Each Court cost assessed under this Section shall be doubled if the operator at fault violated any State law or local ordinance relating to the consumption of alcohol.
c. 
The Court costs collected under this Section by the Clerk of the Court shall be paid into the State Treasury to the credit of the Motorcycle Safety Trust Fund created in Section 302.137, RSMo.
7. 
Reimbursement of certain costs of arrest.
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 Velda, 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 with such fund shall be appropriated by the Board of Aldermen to the Police Department in amounts equal to those costs so collected and shall be used by such Department specifically to enhance and support the enforcement and prosecution of alcohol- and drug-related traffic laws within the City.
8. 
Additional surcharge for Spinal Cord Injury Fund. Any person who is convicted of driving while intoxicated, driving with an excessive blood alcohol content or driving under the influence of alcohol or drugs, when the defendant is represented by or has waived the right to an attorney, shall have a judgment entered against the defendant in favor of the Spinal Cord Injury Fund in the amount of twenty-five dollars ($25.00). The judgments collected pursuant to this Section shall be paid into the State Treasury to the credit of the Spinal Cord Injury Fund created pursuant to Section 304.027, RSMo.
B. 
In addition the following fee shall be collected from such defendant as cost when assessed on any case by the Municipal Judge:
1. 
For each letter sent to the defendant for failing to appear in Court to answer to the charge or to pay his/her fine and costs: $10.00.
2. 
For each warrant issued for the defendant's failure to appear in Court to answer to the charge or to comply with the sentence of the Court: $40.00.
3. 
For each such warrant served or executed: $50.00.
4. 
For the service of a witness subpoena on a Velda City Police Officer: No charge.
5. 
For the service of a witness subpoena within the City boundaries: $15.00.
6. 
For the service of a witness subpoena outside the City boundaries: $25.00 plus $0.38 per mile.
7. 
For a bill paid by the City to the County Sheriff or other for imprisonment of the defendant in a jail/prison facility: Exact amount paid.
8. 
For the preparation of an appeal, affidavit, appeal bond and appeal transcript: $25.00.
9. 
As a condition to any probationary period upon the suspension of the imposition of sentence: $12.00 — $100.00.
10. 
For certification without trial to the Circuit Court: $5.00.
11. 
Witness fees (when subpoenaed to appear), pursuant to Section 488.012, RSMo. (not including currently employed Police Officers): $3.00 per day; $4.00 per day, if traveling from outside of St. Louis County, Missouri.
[Ord. No. 661 §1, 7-10-2013]
C. 
In addition the Municipal Court Clerk shall collect such costs as are required by the Circuit Court of St. Louis County on an appeal for a trial de novo or upon a certification for a jury trial in the Circuit Court of St. Louis County.
D. 
When a person other than a Police Officer or prosecutor files a complaint to initiate prosecution and later advises the Court that he/she no longer desires to prosecute, the Municipal Judge shall assess the Court costs against such complainant.
E. 
No Court costs shall be charged against the City in any case.
[Ord. No. 316 §2(115.130), 1-11-1979]
On or before the tenth (10th) day of each month the fines and costs collected at Court sessions and Traffic Violations Bureau from the preceding month shall be paid over and deposited to the City Treasurer to the credit of the General Revenue Fund if they have not earlier been paid.
[CC 1974 §115.150; Ord. No. 164 §15, 5-4-1972]
A. 
The defendant shall, upon arrest, be entitled and admitted to bail by sufficient surety or sureties or cash bond in a reasonable amount:
1. 
By the Municipal Judge or by the Clerk or Deputy Clerk thereof, if the Judge is absent or if the Court is not in session, or when so authorized or directed by the Judge.
2. 
By the Mayor, if the Judge, Clerk and Deputy Clerk are absent, or if the Court is not in session.
3. 
By the Chief of Police or any Police Officer having custody of the defendant, when the amount of bail is endorsed on the warrant of arrest in the amount so specified, or when so authorized or directed by the Judge.
B. 
All bail bonds shall be immediately deposited with the Clerk of the Municipal Court who shall have exclusive custody and control of said bonds, subject to the order of the Municipal Judge.
C. 
The Court Clerk shall maintain a separate escrow account for the deposit and safeguarding of all cash bonds until final disposition by the Municipal Judge.
D. 
In connection with each bail bond deposited with the Court, there is an administrative fee of ten dollars ($10.00) payable to the Municipal Court. Said fee shall not be refunded upon final disposition of the matter by the Municipal Judge.
[Ord. No. 666 §1, 12-11-2013]
E. 
The copy charge for bail bond forms is fifteen dollars ($15.00).
[Ord. No. 666 §2, 12-11-2013]
[CC 1974 §115.160; Ord. No. 164 §16, 5-4-1972]
If in the progress of any trial before the Municipal Court, it shall appear to the Judge that the accused ought to be put upon his/her trial for an offense against the criminal law of the State, he/she shall immediately stop all further proceedings before him/her and shall cause complaint to be made before an Associate Circuit Judge who shall proceed as in other cases cognizable before Associate Circuit Judges.
[CC 1974 §115.170; Ord. No. 164 §17, 5-4-1972]
If the defendant pleads guilty or is found guilty, the Judge shall declare and assess the punishment and render judgment accordingly. It shall be part of the judgment that the defendant is then committed to jail until the judgment is complied with; provided, that any person so committed may be compelled to labor upon the streets, alleys, or roads of the City or at such other labor as the Board of Aldermen may provide in such manner and under such rules and regulations as they may prescribe until the whole amount of such fine, penalty and costs is worked out allowing to the defendant for each day he/she shall so labor such sum as the Board of Aldermen may designate but not less than fifty cents ($.50) per day. If defendant shall refuse to work when so commanded, he/she may be punished in such manner as the Board of Aldermen shall prescribe provided such punishment shall not be cruel or excessive.
A. 
A person commits the offense of failure to appear in Municipal Court if:
1. 
He/she has been issued a summons for a violation of any ordinance of the City of Velda City, and fails to appear before the Judge of the Municipal Court at the time and on the date on which he/she was summoned, or at the time or on the date to which the case was continued;
2. 
He/she has been released upon recognition of bond and fails to appear before the Judge of the Municipal Court at the time and on the date on which he/she was summoned, or at the time or on the date to which the case was continued;
3. 
He/she has been placed on Court supervised probation, and fails to appear before the Judge of the Municipal Court at the time specified by said Judge as a condition of the probation.
B. 
Nothing in this Section shall prevent the exercise of the Municipal Court of its power to punish for contempt.
[Ord. No. 542 §1, 8-9-2000]
A. 
Search Warrant Defined — Who May Issue, Execute.
1. 
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.
2. 
The Municipal Judge, having original and exclusive jurisdiction to determine violations against the ordinances of the municipality, may issue an administrative search warrant when:
a. 
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
b. 
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.
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 within the City limits and not elsewhere.
B. 
Who May Apply For Warrant — Contents Of Application.
1. 
Any Police Officer or an attorney of the City may make application to a Municipal Judge for the issuance of an administrative 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 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 has been requested by the City to allow such action and has refused to allow such action;
e. 
State facts sufficient to show probable cause for the issuance of a search warrant, as provided in Subsection (C)(1) hereof, 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 that any required 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.
C. 
Hearing and Procedure — Contents Of Warrant — Execution And Return.
1. 
Hearing and procedure.
a. 
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.
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 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.
c. 
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.
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.
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 that the officer executing the warrant can readily ascertain it;
e. 
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;
f. 
Be signed by the Judge with his title of office indicated.
3. 
Execution and return.
a. 
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:
(1) 
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.
(2) 
The officer shall give the owner or occupant of the property searched, inspected or entered upon a copy of the warrant.
(3) 
(a) 
(a) 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.
(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 search warrant under this Section shall be in accordance with an applicable City ordinance or Code Section, but in the absence of same, then with Section 542.301, RSMo.
(4) 
The officer may summon as many persons as he deems necessary to assist him in executing the warrant and such persons shall not be held liable as a result of any illegality of the search and seizure.
(5) 
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 would be justified in using if the warrant were valid.
(6) 
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.
b. 
Disposition of return.
(1) 
After execution of the search warrant, the warrant, with a return thereon signed by the officer making the search, shall be delivered to the Municipal Court.
(2) 
The return shall show the date and manner of execution and the name of the possessor and of the owner, when not the same person, if known, of the property or places searched or seized.
(3) 
The return shall be accompanied by any photographs, copies or recordings made and by any property seized, along with a copy of the itemized receipt of such property required by this Section; provided however, that seized property may be disposed of as provided herein, and in such a case a description of the property seized shall accompany the return.
(4) 
The Court Clerk, upon request, shall deliver a copy of the return to the possessor and the owner, when not the same person, of the property searched or seized.
D. 
Warrant Invalid, When. A search warrant shall be deemed invalid:
1. 
If it was not issued by the Municipal Judge;
2. 
If it was issued without a written application having been filed and verified;
3. 
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;
4. 
If it was not issued with respect to property or places in the City;
5. 
If it does not describe the property or places to be searched, inspected, entered upon or seized with sufficient certainty;
6. 
If it is not signed by the Judge who issued it; or
7. 
If it was not executed and the required return made within ten (10) days after the date of the making of the application.