HomeMy Public PortalAboutORD14160 IT
BILL NO. 2006-134
• SPONSORED BY COUNCIL/MEAN Crane
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI,AMENDING CHAPTER 20
(MUNICIPAL JUDGE, COURT, ETC) BY ADDING A NEW SECTION 20-10.1
AUTHORIZING THE MUNICIPAL JUDGE TO ISSUE ADMINISTRATIVE SEARCH
WARRANTS.
NOW THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI, AS FOLLOWS:
Section 1. The City Code is hereby amended by adding one Section to Chapter 20
to read as follows:
j CHAPTER 20
I
MUNICIPAL COURT
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'u� deg 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),13,15.17 25,and 28 of this
Code.Warrants and searches or inspections made pursuant thereto shall conform to and be governed
by the following provisions:
1)The city counselor may make application for the issuance of a search warrant.
The application shall:
a.Be in writing;
b.State the time and date of the making of the application;
c.Identify the property or 1p aces 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). 13,15, 17,25,and 28 of this Code;
e.Be verified by the oath or affirmation of the applicant; and
L Be filed in the municipal division of the county circuit court.
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.
f4l The'ui d=shall hold a nonadversary hearing to determine whether sufficient facts have been stated
to 'ui stifv 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).13,1&17,25,
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.
The application and any supporting affidavits and a copv of the warrant shall be retained in the
records of the municipal 'uudge.
U Search warrants issued under this section shall:
a.Be in writing and in the name of the issuing authority;
• b.Be directed to any op lice officer or deouty in the city;
c.State the time and date the warrant is issued;
,T
d.Identify the property or 1p aces 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),13,15,17,25,and 28 of
this Code,
• f. Command that the described Property or 1p aces 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 'ui dge who issued the warrant,to be dealt with according to law.and
g;Be signed by the municipal 'ui dge,with his title of office indicated.
A search warrant issued under this section may be executed only b a op lice 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.
After execution of the search warrant, the warrant with a return thereon, signed b the officer
making the search,shall be delivered to the'ui dge 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 Ip aces
searched,when he is not the same ep rson,if known.
1i�0 A search warrant shall be deemed invalid:
a.If it was not issued by a'ul dge 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 ci
e.If it does not describe the pronerty or 1p aces to be searched with sufficient certainty;
f.If it is not signed b the 'u� dge who issued it, or
g If it was not executed within the time prescribed b subsection M of this section.
(11) 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 dollar s 2($ 50.00)
Section 2. This ordinance will be in full force and effect from and after the date of
• this passage and approval
Passed: ova ApproveW� -A�
Pres' in fficer Mayor
ATTEST: APP VED TO FORM:
Ci y Clerk City Counselor