Chapter 7: Courts

You are here: Home  »  Government  »  City Codes & Ordinances  »  Chapter 7: Courts

CONTENTS

ARTICLE I.  MUNICIPAL COURT

§ 7-1.          Prosecutions; complaints.

§ 7-2.          Bond.

§ 7-3.          Plea of guilty.

§ 7-4.          Clerk of municipal court.

§ 7-5.          Deputies.

§ 7-6.          Reports.

§§ 7-7 to 7-11.  Reserved.

ARTICLE II.  TRIAL

§ 7-12.        Persons charged with offenses to be given speedy trial;  may demand jury.

§ 7-13.        Venire facias (calling a jury).

§ 7-14.        Additional jurors.

§ 7-15.        Qualifications of jurors.

§ 7-16.        Oath.

§ 7-17.        Jury to hear evidence.

§ 7-18.        Verdict.

§ 7-19.        Compensation of jurors.

§§ 7-20 to 7-24.  Reserved.

ARTICLE III.  JUDGMENT

§ 7-25.     Fines and costs; collection.

§§ 7-26 to 7-34.  Reserved.

ARTICLE IV.  TRAFFIC VIOLATIONS BUREAU

§ 7-35.        Traffic violations bureau established.

§ 7-36.        Traffic violations bureau procedure.

§ 7-37.        Traffic violations bureau duties.

§ 7-38.        Records.

§ 7-39.        Violations bureau clerk - duties.

§ 7-40.        Designated offenses - schedule of fines.

§ 7-41.        Plea; payment of fine and costs.

§ 7-42.        Posting bail - traffic offenses.

§ 7-43.        Search warrant defined - Who may issue, execute.

§ 7-44.        Who may apply for warrant - Contents of application.

§ 7-45.        Hearing and procedure - Contents of warrant - Execution and return.

§ 7-46.        Warrant invalid, when.

§ 7-47.        Reserved.

Chapter 7

COURTS

ARTICLE I

MUNICIPAL COURT

Sec. 7-1.  Prosecutions; complaints.

        All prosecutions for violations of any ordinances of the City of St. James shall be entitled, The City of St. James against (naming the person or persons charged,) and the municipal judge shall state in his docket the name of the complaint, the nature and character of the offense, the date of the trial, the names of all witnesses sworn and examined, the finding of the court, the judgment or fine and costs, the date of the payment, the date of issuing commitment if any, and every other fact necessary to show the full proceedings in each case.  The complaint when made by the chief of police, assistant chief of police or regular policeman, need not be in writing if the defendant be in court or in custody, and no fees shall be allowed for making such complaint, certifying thereto or issuing a warrant thereon, but in every other case the complaint shall be in writing and sworn to before the warrant be issued for the arrest of the defendant; and if the defendant be discharged or acquitted upon trial, the complaint shall be adjudged to pay the costs of all proceedings in the cause, and in no case shall the city be held liable to pay costs, except where a conviction is had.  (Ord. 20, §2.)

Sec. 7-2.  Bond.

        (a)   When a defendant is entitled to bail, the municipal judge shall admit him to bail, but if the court is not in session, the chief of police of the City of St. James may admit the defendant to bail in an amount not less than ten ($10.00) dollars nor more than five hundred ($500.00) dollars.  (1977 Code)

        (b)   When a police officer of the city shall have a person under arrest and in custody by virtue of a warrant issued upon a complaint or information charging the commission of a misdemeanor, or upon a warrant of commitment for failure to furnish bail or failure to appear in court when scheduled, the chief of police may admit the defendant to bail in the amount  specified upon the warrant or if the amount of bail is not so specified and the municipal court is not in session, the chief of police may admit the defendant to bail in an amount not less than ten ($10.00) dollars nor more than five hundred ($500.00) dollars by requiring the deposit with the chief of police of cash or a personal bond with sufficient sureties to be approved by the chief of police.  (1977 Code)

Sec. 7-3.  Plea of guilty.

        In the event a defendant charged with a misdemeanor, either in custody or on bond, desires to enter a written plea of guilty without personally appearing before the municipal court of the city, said defendant may, with the permission of the municipal judge and the city attorney sign a written waiver of his right to appear before the municipal court and entering his plea of guilty upon the payment of the fine and costs, if any, recommended by the judge of the municipal court.  The filling of said written entry of appearance and plea of guilty shall in all respects be considered as a personal appearance and personal plea of guilty when so filed and accepted by the municipal judge.  (1977 Code)

Sec. 7-4.  Clerk of municipal court.

        The city clerk shall serve ex-officio as clerk of the municipal court; preparing dockets, scheduling hearings, keeping record of proceedings, and providing reports and accounts to the council.  (Ord. 406, §3.1)

Sec. 7-5.  Deputies.

        Deputies of the city clerk may function in these capacities at the direction of the clerk.  (Ord. 406, §3.1)

Sec. 7-6.  Reports.

        Reports and accounting shall be made  monthly.  (Ord. 406, §3.3.)

Secs. 7-7 to 7-11.  Reserved.

ARTICLE II

TRIAL

Sec. 7-12.  Persons charged with offenses to be given speed trial; may demand jury.

        The defendant in all cases tried before the municipal judge may demand that the case be tried by a jury, which jury shall be composed of six good and lawful men having the qualifications of jurors in the circuit court.  (Ord. 34, §1.)

Sec. 7-13.  Venire facias (calling a jury).

        (a)   When any defendant shall demand that his case shall be tried by a jury as provided in the preceding section, before his case shall have been submitted to the municipal judge, the municipal judge shall issue a venire directed to the chief of police commanding him to summon twelve good and lawful men of the city having qualifications of jurors in the circuit court who shall be no wise of kin to the defendant nor interested in the determination of the suit, to appear before the municipal judge at the time and place to be named therein, to make a jury for the trial of the cause mentioned in such venire.

        (b)   The chief of police shall execute such venire fairly and impartially, and shall not summon any person whom he has reason to believe is biased or prejudiced for or against the party.  (Ord. 34, §§2-3.)

Sec. 7-14.  Additional jurors.

        If a sufficient number of competent jurors cannot be obtained from the panel returned, the chief of police shall immediately summon others to serve in their places.  (Ord. 34, §5.)

Sec. 7-15.  Qualifications of jurors.

        The qualifications of said jurors shall be ascertained or proved as required of jurors in the circuit court, and the municipal judge shall in summary manner decide upon the competency objected to by either party.  A list of qualified jurors to the number of twelve shall be furnished to the party, and the city shall first strike off three names, then the defendant shall strike off three, and the remaining six or first six remaining on the list shall be sworn as the jury to try the case.  (Ord. 34, §4.)

Sec. 7-16.  Oath.

        The municipal judge shall administer an oath to the jury well and truly to try the cause and a true verdict render according to the law and evidence.  (Ord. 34, §6.)

Sec. 7-17.  Jury to hear evidence.

        After the jury is sworn to try the cause they shall sit together and hear the evidence.  After hearing the same they shall be kept together under the charge of the chief of police until they have agreed upon their verdict, or shall be discharged by the municipal judge.  (Ord. 34, §7.)

Sec. 7-18.  Verdict.

        When they have agreed upon their verdict they shall deliver it to the municipal judge, who shall enter it upon his docket.  The verdict shall be in writing and signed by the foreman who shall have been chosen by said jury.  (Ord. 34, §8.)

Sec. 7-19.  Compensation of jurors.

        Each juror who shall set as juror in the trial of any cause shall receive as compensation therefore a fee of one ($1.00) dollar to be taxed as costs in the cause; but in no case shall the city be charged with any such fees by reason of failure to sustain its case.  (Ord. 34, §9.)

Secs. 7-20 to 7-24.  Reserved.

ARTICLE III

JUDGMENT

Sec. 7-25.  Fines and costs; collection.

        (a)   Hereafter there shall be assessed and collected court costs in the amount of twelve ($12.00) dollars in each case filed in the municipal court of the City of St. James, Missouri.  Such costs shall be in addition to any fine which may be assessed and shall be collected in the same manner as fines are collected.

        (b)   In addition to the court costs set out in subsection (a) above, the court shall assess the following costs:

            (1)  The Municipal Judge shall assess as court costs a fee in the sum of two dollars ($2.00) for each violation of municipal ordinances. Such fees collected shall be transmitted monthly to the Treasurer of the City, to be used locally for training law enforcement officers.  One dollar of such fees shall be deposited into the Peace Officer Standards and Training Commission Fund, to be used statewide for training law enforcement officers.  These funds shall be transmitted monthly before the fifteenth (15th) of each month to the Budget Director of Department of Public Safety at such address as said Budget Director may from time to time provide to the Treasurer of the City.

         (2)   The Municipal Judge shall assess as court costs a fee in the sum of seven dollars and fifty cents ($7.50) for each violation of the general criminal laws of the State, including infractions, or violations of the ordinances of the city, for the Crime Victims Compensation Fund as provided by State law; provided that no such fee shall be collected for nonmoving traffic violations, and no such fee shall be collected where costs are waived by the Court because a defendant is indigent, and no such fee shall be collected in any proceeding in any court when the proceeding or defendant has been dismissed by the Court.  This fee shall be collected and paid over to the State and City as provided in Section 595.045.3 Revised Statutes of Missouri. Municipalities will remit $7.13 to the state Department of Revenue and $0.37 to the city treasurer. (RSMo 595.045)      

       (c)         In addition to other court costs provided herein, court costs of three dollars ($3.00) shall be assessed and collected for each violation of any municipal ordinances for the Missouri Sheriff’s Retirement Fund as provided by State law. These funds shall be transmitted monthly to the Missouri Sheriff’s Retirement Fund, PO Box 105257, Jefferson City, MO 65110.

      (d)  Reserved

       (e)  Judicial education and training fund.
       (1)  The Municipal Court is hereby authorized to retain one dollar ($1.00) of the court costs collected on each case.
       (2)  The funds retained by the Municipal Court pursuant to this Subsection shall only be used for the continuing education and certification required of the Municipal Judges by law or Supreme Court Rule, and the judicial education and training for the Court Administrator and Clerks of the Municipal Court.
       (4)  The funds retained in Subsection (1) hereof are further limited in that the Municipal Court shall not retain more than one thousand five hundred dollars ($1,500.00) in the fund for use by the Judge, Administrator, or Court Clerk. Any excess funds shall be transmitted quarterly to the General Revenue Fund of the City Treasury.

(Ord. 445, §§1-2; Ord. 485, §1; Ord. 554, §§1-2; Ord. 556, §1; Ord. 717, §1; Ord. 718, §1; Ord. 874)

Sec. 7-26 to 7-34.  Reserved.

ARTICLE IV

TRAFFIC VIOLATIONS BUREAU

Sec. 7-35.  Traffic violations bureau established

        (a)   The municipal judge of the City of St. James, Missouri is hereby authorized and directed to establish a traffic violations bureau and to appoint an official of the City of St. James, Missouri as violations clerk for such traffic violations bureau.  (Ord. 261, §1.)

        (b)   The municipal court shall establish a traffic violations bureau to assist the court with the clerical work of traffic cases.  The Bureau shall be in charge of such person or persons and shall be open at such hours as the municipal judge may designate.  (Ord. 377, §2.)

Sec. 7-36.  Traffic violations bureau procedure.

        The judge of the municipal court who hears traffic cases shall designate the specified offenses under this law or under the traffic ordinances of the city and state traffic laws in accordance with Supreme Court Rule No. 37.50 in respect to which payments of fines may be accepted by the traffic violations bureau in satisfaction thereof, and shall specify suitable schedules the amount of such fines for first, second, and subsequent offenses, provided such fines are within the limits declared  by law or ordinance, and shall further specify what number of such offenses shall require appearance before the court.  (Ord. 377, §2.)

Sec. 7-37.  Traffic violations bureau duties.

        (a)   Duties- The following duties are hereby imposed upon the traffic violations bureau in reference to traffic offenses:

                (1)   It shall accept designated fines, issue receipts, and represent in court such violators as are permitted and desire to plead guilty, waive court appearance, and give power of attorney;

                (2)   It shall receive and issue receipts for cash bail from the persons who must or wish to be heard in court, enter the time of their appearance on the court docket, and notify the arresting officer and witnesses, if any, to be present.  (Ord. 377, §1.)

        (b)   Additional duties- The traffic violations bureau shall follow such procedure as may be prescribed by the traffic ordinances of the city or as may be required by any laws of this state.  (Ord. 377, §1.)

Sec. 7-38.  Records.

        The traffic violations bureau shall keep records and submit summarized monthly reports to the municipal court of all notices issued and arrests made for violations of the traffic laws and ordinances in the city and of all the fines collected by the  traffic violations bureau or the court, and of the final disposition or present status of every case of violation of the provisions of said laws and ordinances.  Such records shall be so maintained as to show all types of violations and the totals of each.  Said records shall be public records.  (Ord. 377, §1.)

Sec. 7-39.  Violations Bureau clerk - duties.

        It shall be the function of the violations clerk to accept appearance, waiver of trial, plea of guilty, and payment of fine and costs of traffic offenses, subject to the limitations hereinafter prescribed.  The violations clerk shall serve under the direction and control of the court appointing him.  (Ord. 261, §1.)

Sec. 7-40.  Designated offenses - schedule of fines.

        The municipal judge shall by order, which may from time to time be amended, supplemented, or repealed, designate the traffic offenses within the authority of the violations clerk, provided that such designated offenses shall in no event include traffic cases involving property damage or personal injury, operation of a motor vehicle while under the influence of intoxicating liquor or drugs, or permitting another person under such influence to operate a vehicle while owned by the defendant or in his custody or control, speeding, driving without license, but not expired license when within sixty (60) days after date of expiration, driving when license is suspended or revoked, or leaving the scene of an accident.  The municipal judge, by published order to be permanently posted in the place where the fines are to be paid, shall specify by suitable schedules, the amount of fines to be imposed for first and subsequent offenses,, designating each offense specifically in the schedules, provided such fines are within the limits declared by law.  Fines and costs shall be paid to, receipted by, and accounted for by the violations clerk in accordance with these rules.  (Ord. 261, §2.)

Sec. 7-41.  Plea; payment of fine and costs.

        (a)   Non-moving offenses- Within the time fixed by the municipal judge, any person charged with a non-moving offense may mail the amount of the fine and costs indicated on the ticket for such violation, together with a signed plea of guilty and waiver of trial to the violations clerk or may pay the fine and costs in person or by attorney to such violations bureau.

        (b)   Other offenses- Within the time fixed by the municipal judge any person charged with any traffic violation, other than a non-moving offense within the authorization of the violations clerk may appear by attorney or in person before the violations clerk with his driver's license and, upon signing a plea of guilty and waiver of trial, pay the fine established for the offense charged and costs.  He shall prior to such plea, waiver, and payment, be informed of his right to stand trial, that his signature of plea of guilty will have the same force and effect as a judgment of the court and that the recording of conviction will be sent to the director of revenue of the State of Missouri or the appropriate officer of the state from which he received his driver's license.  (Ord. 261, §3.) 

        (c)   Plea-

                (1)   Any person charged with an offense for which payment of a fine may be made to the traffic violations bureau shall have the option of paying such fine within the time specified in the notice of arrest at the traffic violations bureau upon entering a plea of guilty and upon waiving appearance in court; or may have the option of depositing required lawful bail, and upon a plea of not guilty shall be entitled to a trial as authorized by law.  (Ord. 377, §1.)

                (2)   The payment of a fine to the Bureau shall be deemed an acknowledgment of conviction of the alleged offense, and the Bureau, upon accepting the prescribed fine, shall issue a receipt to the violator acknowledging payment thereof.  (Ord. 377, §1.)

Sec. 7-42.  Posting bail - traffic offenses.

        (a)   Any person charged with the violation of any ordinance of this city pertaining to the traffic laws and the operation of a motor vehicle who may be under arrest and confined in the custody of the police force of this city may be admitted to bail, conditioned for his appearance on a day and time certain before the municipal judge of the city, to answer such charges as may have been preferred against him.

        (b)   Any person charged with the violation as referred to in paragraph (a) hereof may be admitted to bail either by the deposit of a cash sum with the arresting officer in a sum not less than, nor more than, the fine provided for by the ordinances of this city, or, in the discretion of the arresting officer, by depositing his chauffeur's or operator's license issued by the State of Missouri with the arresting officer for his appearance in court to answer any charge of violating the ordinances of this city;  except, however, when the charge is for driving while intoxicated, driving while under the influence of intoxicating liquor or drugs, leaving the scene of a motor vehicle accident, driving when license is suspended or revoked, or for any charge made because of a motor vehicle accident in which a death has occurred.

        (c)   The police officer accepting a cash bail bond shall give to the person being admitted to bail, a receipt for the sum of the cash bail bond and shall then and there give to such person a written summons stating the day and time when he shall appear before the municipal judge of the city to answer such charges as may have been preferred against him.  The police officer accepting the cash bail bond shall promptly deposit such cash in the custody of the municipal judge.  The municipal judge or other officer accepting the deposit of the chauffeur's or operator's license in lieu of bail shall issue a receipt to the licensee for the license upon a form approved by the director of revenue of the State of Missouri.

        (d)   If the driver fails to appear at the proper time to answer the charge placed against him, the municipal judge shall within ten (10) days notify the director of revenue of the State of Missouri of the failure to appear.  In the event a person admitted to bail upon a cash bond shall fail to appear before the municipal judge at the time specified in the summons duly issued, the municipal judge then may accept the cash bond money in lieu of the payment of a fine for the violation with which such person is charged.  Such money shall then be placed in the custody of the chief of police in the same manner as all other fines that may be paid in the municipal court.  (Ord. 313, §§1-4.)

Sec. 7-43.  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 (i) 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 (ii) 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. (Ord. 716)

Sec.   7-44. Who May Apply For Warrant—Contents Of Application

 (1)                Any police officer or an attorney of the City 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 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 section 7-45 (1),(b) hereof, to (i) search or inspect for violations of an ordinance or code section specified in the application or (ii) 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 filing out any deficiencies in the description of the property or place to be searched or inspected.  Oral testimony shall not be considered. (Ord. 716)

Sec. 7-45.  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 copies, and the application, any supporting affidavit and one 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 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 ordinance shall be executed only by a City  police officer, provided, however, that one 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.                    (i)            If an 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.

 (ii)                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.

 (iii)              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 of the Revised Statutes of Missouri.

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.             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. (Ord. 716)

Sec. 7-46.  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. (Ord. 716)

Sec. 7-47.  Reserved.

APPLICATION FOR

ADMINISTRATIVE SEARCH WARRANT

STATE OF MISSOURI      )

COUNTY OF PHELPS       )

CITY OF ST. JAMES         )

IN THE CIRCUIT COURT OF PHELPS COUNTY

MUNICIPAL DIVISION OF THE CITY OF ST. JAMES

                COMES NOW the duly authorized Police Officer/Attorney for the City of St. James, Missouri, and being duly sworn, deposes and states upon information and belief that:

                There exists property and/or a structure within the City limits of St. James more particularly described as:

                That this structure and property is suspected of being in violation of Section _______ of the Code of Ordinances for the City of St. James in that

                That the owner(s) and/or occupant(s) of the property and/or structure have refused the City’s request to allow same to be entered, searched, inspected and/or seized.

                That the basis of affiant’s information and belief is contained in the attached affidavits of witnesses to facts concerning the said matter which affidavits are made a part hereof and are submitted herewith as a basis upon which the court may find the existence of a probable cause for the issuance of said warrant.

                WHEREFORE, applicant prays that an administrative search warrant be issued as provided by law.

                                                                                                __________________________________

Subscribed and sworn to before me this ________ day of _______________ 20______.

Time: ____: _____  ___. M.                             

                                                                                __________________________________

                                                                                                                Judge of Said Court

 (There should be attached to this complaint, affidavits of witnesses stating evidentiary facts from which the court may draw the inference that there is probable cause to believe that the property described in the affidavit is in violation of the Section of the Municipal Code described in the affidavit.)

SEARCH WARRANT

AUTHORIZING INSPECTION AND ADMINISTRATIVE

SEARCH OF PROPERTY FOR VIOLATIONS OF

SECTION ____________ OF THE MUNICIPAL CODE

STATE OF MISSOURI      )

COUNTY OF PHELPS       )

CITY OF ST JAMES          )

IN THE CIRCUIT COURT OF PHELPS COUNTY

MUNICIPAL DIVISION FOR THE CITY OF ST. JAMES

                Within and for such City and County, the State of Missouri, to any Peace Officer and inspector of the City of St. James;

                WHEREAS an application in writing, duly verified by oath, has been filed with the undersigned Judge of the Court stating upon information and belief that the premises located at ___________________________________________ within the City of St. James is suspected of being in violation of Section _______ of the Municipal Code in that:

And

                WHEREAS, the judge of this Court from the sworn allegations of said application and from the supporting written affidavits filed therewith has found that there is probable cause to believe the allegations of the application to be true and probable cause for the issuance of a search warrant herein;

                NOW, THEREFORE, these are to command you that you inspect said premises above described within ten (10) days of the issuance of this warrant by day, and take with you, if need be, the power of you City and if said above-described property or any part thereof be found in violation of said Section _________ of the Municipal Code, that you record, photograph or seize any evidence of such violation(s) or property constituting such violations, make a full and complete record of said violations, leaving a copy of said violations with the person in possession said property and that you thereafter return the record of said violations, and any evidence or property seized, to this Court to be hereafter dealt with in accordance with law.  Witness my hand and the seal of this Court on this _____ day of ____________, 20_____, at _________ ____. M.

                                                                                                                _______________________________

                                                                                                                                                Judge of Said Court

ADMINISTRATIVE SEARCH WARRANT RETURN

                I, __________________________________, being a peace officer within and for the City of St. James Missouri, do hereby make return to the above and within warrant as follows: That on the _______ day of _________________ 20____, and within ten (10) days after issuance of said warrant, I went to the location and premises described therein and inspected the property described therein and

                Those upon said premises I discovered the following violations, recorded the following evidence and/or seized the following property (attach a copy of receipt for property seized);

                That I delivered to such person a copy of this warrant and a receipt for all property seized (or, that there being no person in possession of the property present, I left a copy of said warrant and receipt in a conspicuous place on said premises): that I have now placed this return with the court.

                The name of the owner of the property is ______________________________

                The name of the possessor of the property is ___________________________

                                                                                                                ___________________________

                Subscribed and sworn to before me this ______ day of _____________, 20 ____.

                                                                                                                _____________________________

                                                                                                                Clerk, Municipal Court