City of Memphis, MO Chapter 125 Municipal Court

Article I General Provisions [1]

[1] State Law Reference: As to certain violations concerning an accused with special needs, § 479.040, RSMo.

Section 125.010 Violations — To Be Heard By Associate Circuit Judge.

The City of Memphis hereby elects to have all violations of its municipal ordinances heard and determined by an Associate Circuit Judge of the Circuit Court of Scotland County, Missouri, the County in which the City of Memphis is located.

Section 125.020 Municipal Division — Circuit Court.

The Division of the Circuit Court of Scotland County, Missouri, which hears and determines violations of the ordinances of the City of Memphis shall be known as the "Municipal Division of the Circuit Court of Scotland County, Missouri."

Section 125.025 Rules Governing Procedure And Practice In The Municipal Court.

The rules governing the procedure and practice in the Municipal Court shall be those established and promulgated by the Supreme Court of Missouri on July 1, 1959, and such subsequent rules as the Supreme Court shall from time to time establish and promulgate; and any provision in these ordinances which shall be in conflict with such rules is hereby repealed.

Section 125.030 Violations Bureau — Duties — Court Costs.

The Associate Circuit Judge may establish a Violations Bureau in the City of Memphis, and shall establish such a Bureau when a request therefor is made by the Board of Aldermen of the City of Memphis. The Violations Bureau shall operate under the supervision of the Circuit Court, and the Associate Circuit Judge hearing and determining violations of the ordinances of the City of Memphis, and shall be operated in accordance with the rules of the Supreme Court and the rules of the Circuit Court. All expenses incident to the operation of the Violations Bureau, including salaries of clerical personnel, shall be paid by the City of Memphis. The City shall provide suitable quarters for the Violations Bureau. The Violations Bureau shall accept pleas of guilty to certain violations of traffic ordinances designated by the Associate Circuit Judge and shall accept payments of fines established by the Associate Circuit Judge and Court costs assessed on said pleas of guilty.

Section 125.040 Prosecutions — On Information.

All prosecutions for the violation of City ordinances shall be instituted by information and may be based upon a complaint. Proceedings shall be in accordance with the Supreme Court Rule governing practices and procedures in proceedings before Municipal Judges.

Section 125.050 City Ordinances — Evidence — Judicial Notice Of.

In the trial of violations of the ordinances of the City, a copy of a City ordinance which is certified by the Clerk of the City shall constitute prima facie evidence of such ordinance. If such certified copy is on file with the Clerk of the Municipal Division and readily available for inspection by the parties, the Judge may take judicial notice of such ordinance without further proof.

Section 125.055 Administrative Search Warrants.

[Ord. No. 1177, 11-4-2021]

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 of Memphis, relating to the use, condition or occupancy of property or structures located within the City of Memphis, 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 of Memphis, Missouri, 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 the same after official request by the Building Inspector of the City of Memphis, Missouri, the Building Commissioner of the City of Memphis, Missouri, the City Marshal, or other Police Officer of the City of Memphis, Missouri.

3. Any such warrant shall be directed to the City Marshal or any other Police Officer of the City of Memphis, and shall be executed by the City Marshal 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 the attorney of the City of Memphis may make application to the 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 Building Inspector or the City Marshal 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 of Memphis 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 of Memphis 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 ordinances or Code Sections 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 of Memphis 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 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 of Memphis, Missouri;

b. Be directed to any Police Officer in the City of Memphis, Missouri;

c. State the time and date the warrant was issued;

d. Identify the property or place to be searched, inspected or entered upon in sufficient detail and particularly that the officer executing the warrant can readily ascertain it;

e. Command that the described property or place be searched or entered upon, and that any evidence of any City ordinance violation 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/her title of office indicated.

3. Execution And Return.

a. A search warrant issued under this Section shall be executed only by a City of Memphis, Missouri, Police Officer; provided, however, that one (1) or more designated City of Memphis 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) Seized Property — Receipt.

(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 the attorney for the City of Memphis 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 of Memphis 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/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.

(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/she 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. Return Of Warrant After Execution Of Same.

(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 of Memphis;

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.

E. If any portion of this Section is declared illegal or void by a court of competent jurisdiction, the remainder of this Section shall survive and not be affected thereby.

F. All Ordinances or parts of Ordinances in conflict with this Section are hereby repealed insofar as they do conflict.

G. This Section shall be in full force and effect from and after its adoption and approval.

Article II Fines And Court Costs

Section 125.060 Installment Payment Of Fine.

When a fine is assessed for violation of an ordinance, it shall be within the discretion of the Judge assessing the fine to provide for the payment of the fine on an installment basis under such terms and conditions as he/she may deem appropriate.

Section 125.070 Court Costs.

A. In addition to any fine that may be imposed by the Municipal Judge in any case filed in the City of Memphis Municipal Division of the 1st 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 fifteen dollars ($15.00).

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 or other official collecting monies due 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 Police 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. An additional sum of seven dollars fifty cents ($7.50) shall be assessed and added to the basic costs in Subsection (A)(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:

a. Ninety-five percent (95%) of such fees shall be paid to the Director of Revenue of the State of Missouri for deposit as provided in Section 595.045.6, RSMo.

b. Five percent (5%) shall be paid to the City Treasury.

4. There may also be assessed a cost of two dollars ($2.00) per case for each criminal case, including violations of any County or municipal ordinance, for the purpose of providing operating expenses for shelters for battered persons as set out in Section 488.607, RSMo.

5. There shall be assessed a surcharge of seven dollars ($7.00) for the Statewide Court Automation Fund.

6. 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.

7. Actual costs assessed against the City by the County Sheriff for apprehension or confinement in the County Jail or costs assessed against the City by any other detention facility.

8. Mileage, in the same amount as provided to the Sheriff in criminal violations, for each mile and fraction thereof the officer must travel (both directions) in order to serve any warrant or commitment or order of this Court.

9. Any other reasonable cost as may be otherwise provided by ordinance and permitted under the laws of the State of Missouri, including, but not limited to, costs of confinement, including any necessary transportation related thereto, medical costs incurred by the City while a defendant is in City custody, and costs related to the arrest and testing of any person for any intoxication-related traffic offense as set out in this Section.

10. Reimbursement Of Certain Costs Of Arrest.

a. Upon a plea or a finding of guilty of violating the provisions of Section 577.010 or 577.012, RSMo., or any ordinance of the City of Memphis 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 City Marshal may 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.

11. Inmate Security Fund.

a. A surcharge of two dollars ($2.00) shall be assessed as costs in each Court proceeding filed in any Court in any City adopting such a surcharge, in all violations of any municipal ordinance; except that no such fee shall be collected in any proceeding in any Court when the proceeding or the defendant has been dismissed by the Court or when costs are to be paid by the City. A surcharge of two dollars ($2.00) shall be assessed as costs in a Juvenile Court proceeding in which a child is found by the Court to come within the applicable provisions of Subdivision (3) of Subsection (1) of Section 211.031, RSMo.

b. The Treasurer shall deposit funds generated by the surcharge into the "Inmate Security Fund." Funds deposited shall be utilized to acquire and develop biometric verification systems and information sharing to ensure that inmates, prisoners, or detainees in a holding cell facility or other detention facility or area which holds persons detained only for a shorter period of time after arrest or after being formally charged can be properly identified upon booking and tracked within the local law enforcement administration system, criminal justice administration system, or the local jail system. Upon the installation of the information sharing or biometric verification system, funds in the inmate prisoner detainee security fund may also be used for the maintenance, repair, and replacement of the information sharing or biometric verification system, and also to pay for any expenses related to detention, custody, and housing and other expenses for inmates, prisoners, and detainees.

Section 125.080 No Charge Or Fee For Police Reports Or Other Documents Or Videos, When.

Notwithstanding any provision of law, Supreme Court Rule, or Court Operating Rule, in a proceeding for a municipal ordinance violation or any other proceeding before a Municipal Court if the charge carries the possibility of fifteen (15) days or more in jail or confinement, a defendant shall not be charged any fee for obtaining a police report, probable cause statement, or any video relevant to the traffic stop or arrest. Such police report, probable cause statement, or video shall be provided by the prosecutor upon written request by the defendant for discovery.