HomeMy Public PortalAboutORD15431 BILL NO. 2015-41
SPONSORED BY COUNCILMAN Branch
ORDINANCE NO. / cif 3 )
AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON (CHAPTER 20,
SECTION 20-10.1) BY SPECIFYING THE CHAPTERS OF THE CITY CODE FOR WHICH AN
ADMINISTRATIVE SEARCH WARRANT MAY BE ISSUED.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. The Code of the City of Jefferson, Missouri, Chapter 20 (Municipal Judge,
Court, Etc.), Sec. 20-10.1 (Administrative Search Warrants), is hereby amended as follows:
Sec. 20-10.1. Administrative Search Warrants.
When application is made pursuant to this article for a certificate of compliance with respect to any business,
building, license, house, dwelling or unit, the municipal judge of the county circuit court shall have authority to
issue search warrants for searches or inspections of such business, building. house, dwelling or unit to determine the
existence of violations of chapters 3A(8), S 13, 15, 17, 21. 25, and 28 of this Code. Warrants and searches or
inspections made pursuant thereto shall conform to and be governed by the following provisions:
I. The city counselor 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 particularity that the
officer executing the warrant can readily ascertain it;
d. State facts sufficient to show probable cause for the issuance of a search warrant to
search for violations of chapters 3A(8),S 13. 15. 17. 21.25.and 28 of this Code:
e. Be verified by the oath or affirmation of the applicant: and
f. Be filed in the municipal division of the county circuit court.
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 chapters
3A(8). 8 13, 15. 17. 21. 25. and 28 of this Code, 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 application and any supporting affidavits and a copy of the warrant shall be retained in the
records of the municipal judge.
6. Search warrants issued under this section shall:
a. Be in writing and in the name of the issuing authority;
Editor's Note:Added language shown thus.Deleted language shown thus.
b. Be directed to any police officer or deputy in the city;
c. State the time and date the warrant is issued:
d. Identify the property or places to be searched in sufficient detail and particularity that the
officer executing the warrant can readily ascertain it;
e. Be limited to a search or inspection for violations of chapters 3A(8).113. 15. 17. 21,25.
and 28 of this Code:
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 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 municipal judge, with his title of office indicated.
7. A search warrant issued under this section may be executed only by a police officer or deputy of
the city. The warrant shall be executed by conducting the search commanded.
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 and the name of the possessor and of the owner of the property
or places searched,when he is not the same person, if known.
10. A search warrant shall be deemed invalid:
a. If it was not issued by a judge of the municipal division of the Cole County, Missouri.
Circuit Court;
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 city:
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 the time prescribed by subsection(8)of this section.
II. Failure to comply with a search warrant issued under this section shall be a code violation and
upon conviction in municipal court, the court shall fine violators of this section not less than two
hundred fifty dollars($250.00)
Section 2. This Ordinance shall be in full force and effect from and after the date of its
passage and approval.
Passed:,�� 57/ p 2IS Approved: (----47-1• 1( 42-045-
0.411AA -. —7— : n idi,„: -r-i y-,2 6,t.,, ,
Presiding.Officer' - - _ Mayor Carrie Tergin
FST;- `•.R APPROV D • TO F M:
ity;Clerk, ' ''.�7 ~
Cit ' ounselor
r : %
Editor's Note:'Added language silo-v.-is—thus.Deleted language shown thus.
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