[CC 1990 § 24-1; Ord. No. 114 § 1, 6-6-1988; Ord. No. 434 § 1, 4-2-1990; Ord. No. 435 § 1, 4-2-1990]
A.
The City of Chesterfield Police Department or its subcontractors
shall collect the following fees:
1.
Record search where subject has no record of conviction: one
dollar ($1.00).
2.
Where copy of record made of conviction: five dollars ($5.00).
3.
First page of police report photo copy: six dollars ($6.00).
4.
Each page thereafter: two dollars ($2.00).
5.
Rolling fingerprints at ID section: five dollars ($5.00).
6.
Classifying and searching fingerprints at ID section: five dollars
($5.00).
7.
Rolling fingerprints in the field: ten dollars ($10.00).
8.
Photographing individuals: fifteen dollars ($5.00).
[CC 1990 § 24-2; Res. No. 41, 11-21-1988]
The Rules and Regulations/Policy Manual for the Police Department
of the City is hereby adopted by reference as if set out fully herein.
Said manual is on file and available for inspection in the office
of the City Clerk.
[CC 1990 § 24-4; Ord. No. 294, 5-15-1989]
The City has contracted with St. Louis County for coordinated
communications services for police service. Said contract is not set
out herein, but is on file and available for inspection in the office
of the City Clerk.
[CC 1990 § 24-5; Ord. No. 1330 § 1, 10-21-1997; Ord. No. 2202, 9-19-2005]
A.
The Municipal Judge for the City of Chesterfield shall have the authority
to issue search warrants for searches or inspections to determine
the existence of Municipal Code violations and to authorize entry
onto private property for enforcement purposes, both inspection and
abatement, involving the condition, use or occupancy of any property
or structure.
B.
Before the issuance of a search warrant, the Police Officer, City
Attorney or Prosecuting Attorney requesting the warrant must first
seek consent. Only after refusal of entry may a warrant be issued.
C.
Warrants and searches or inspections made pursuant thereto shall
conform to and be governed by the following provisions:
1.
Any Police Officer, City Attorney, Prosecuting Attorney of the
City of Chesterfield or Zoning Enforcement Officer may make application
for the issuance of a search warrant.
2.
The application shall:
a.
Be in writing;
b.
State the time and date of the making of the application;
c.
Identify the property or places to be searched in sufficient
detail and particularly that the officer executing the warrant can
readily ascertain it;
d.
State facts detailing the actual or suspected property conditions,
either applicable to the specific property or the general area, that
would justify entry and show probable cause for the issuance of a
search warrant to search for Municipal Code violations involving the
condition, use or occupancy of any property or structure. Probable
cause does not require individualized suspicion and may be based on
factors, including, but not limited to, the passage of time since
the last inspection, the nature of the building in question and the
condition of the entire area to be searched;
e.
Be verified by the oath for affirmation of the applicant;
f.
State that entry onto property was requested and the owner or
occupant refused entry; and
g.
Be filed with the Municipal Court of the City of Chesterfield,
Missouri.
3.
The application shall be supplemented by written affidavits
verified by oath or affirmation. Such affidavits 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 places to be searched. Oral testimony shall not
be considered.
4.
The judge shall hold a non-adversary hearing to determine whether
sufficient facts have been stated to justify the issuance of a search
warrant. If it appears from the application and any supporting affidavits
that there is probable cause to inspect or search for violations of
any specified provision of the ordinances of the City of Chesterfield,
a search warrant shall immediately be issued to search for such violations.
The warrant shall be issued in the form of an original and two (2)
copies.
5.
The applications and any supporting affidavits and a copy of
the warrant shall be retained in the records of the court.
6.
The search warrant shall:
a.
Be in writing and in the name of the issuing authority;
b.
Be directed to any City of Chesterfield Police Officer;
c.
State the time and date the warrant is issued;
d.
Identify the specific property to be searched in sufficient
detail and particularly that the officer executing the warrant can
readily ascertain it;
e.
Provide directions for recording or seizing appropriate property
as evidence and/or abating existing nuisances;
f.
Command that the described property or places be searched and
that any photographs of violations found thereof or therein be brought,
within ten (10) days during daylight hours, after filing of the application,
to the judge who issued the warrant, to be dealt with according to
law; and
g.
Be signed by the judge, with his/her title of office indicated.
7.
A search warrant issued under this Section may be executed only
by a Police Officer. The warrant shall be executed by conducting the
search commanded and inspecting the property for Code violations,
recording or seizing appropriate property as evidence and/or abating
existing nuisances as directed by the terms of the search warrant.
8.
A search warrant shall be executed as soon as practicable and
shall expire if it is not executed and the return made within ten
(10) days after the date of the making of the application.
9.
After execution of the search warrant, the warrant, with a return
thereon signed by the officer making the search, shall be delivered
to the judge who issued the warrant. The return shall show the date
and manner of execution, include copies of receipts for any property
seized as well as the seized property and provide the name of the
possessor and of the owner of the property or places searched, when
he/she is not the same person, if known.
10.
The officer executing the warrant must leave copies of the warrant
and any receipts for property seizure with the property owner or occupant
or, if no one is available, in a conspicuous place on the property.
11.
A search warrant shall be deemed invalid:
a.
If it was not issued by a judge of the City of Chesterfield;
b.
If it was issued without a written application having been filed
and verified;
c.
If it was issued without probable cause;
d.
If it was not issued with respect to property or places within
the jurisdiction of the Chapter on which the ordinance violation was
based;
e.
If it does not describe the property or places to be searched
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 upon
which the application therefor was made.
12.
Nothing herein is intended to preclude the validity of a warrantless
inspection in the following circumstances:
13.
Warrantless, non-exigent, non-consensual administrative inspections
of commercial premises may be allowed in limited circumstances. A
closely regulated business may be inspected without a warrant provided
that:
a.
The purpose of the warrantless search is to protect the health,
safety and welfare of the public;
b.
The warrantless inspection is necessary to further the regulatory
scheme and there is a significant possibility that the subject of
the search could conceal violations without the surprise element that
the warrantless search would allow;
c.
The requirement of a warrant would seriously frustrate the important
governmental purpose behind the inspection;
e.
All those businesses that are considered closely regulated businesses
have been informed of their status and the possibility of unannounced,
warrantless, administrative searches.
14.
Any warrantless entry authorized in Subsection (C)(13) must abide by the following guidelines:
a.
A Police Officer must be present for any warrantless search;
b.
The search must occur between the hours of 9:00 A.M. and 5:00
P.M., Monday through Friday, or within the normal operating hours
of the business;
c.
Those executing the search must reasonably believe that all the elements of Subsection (C)(13) are satisfied; and
d.
The scope of the search is limited to those elements relevant
to the business occurring and possible violations of Municipal Code
ordinances.
