[Ord. No. 893, 9-8-2016]
A.
Whenever in the ordinances of the City, or in any rule, regulation,
notice or order promulgated by any officer or agency of the City under
authority duly vested in him/her or it, any act is prohibited or is
declared to be unlawful or an offense or misdemeanor or the doing
of any act is required or the failure to do any act is declared to
be unlawful or an offense or a misdemeanor, and no specific penalty
is provided for the violation thereof, upon conviction of a violation
of any such provision of any such ordinance, rule, regulation, notice
or order, the violator shall be punished by a fine not exceeding five
hundred dollars ($500.00) or by imprisonment not exceeding ninety
(90) days or by both such fine and imprisonment; provided that, in
any case wherein the penalty for an offense is fixed by a Statute
of the State, the statutory penalty, and no other, shall be imposed
for such offense.
B.
Every day any violation of any ordinance, rule, regulation, notice
or order shall continue shall constitute a separate offense.
C.
Whenever any act is prohibited by any City ordinance, rule, regulation,
notice or order, or by an amendment thereof, such prohibition shall
extend to and include the causing, securing, aiding, or abetting of
another person to do said act. Whenever any act is prohibited by any
City ordinance, rule, regulation, notice or order, an attempt to do
the act is likewise prohibited.
D.
Minor Traffic Violations. Notwithstanding anything to the contrary herein, no punishment for a minor traffic violation as defined by Section 100.080 of this Municipal Code of the City of Wright City shall:
1.
Impose a fine, when combined with the amount of court costs,
that exceeds two hundred twenty-five dollars ($225.00).
3.
Place a person convicted of a minor traffic violation in confinement
for failure to pay a fine unless such nonpayment violates the terms
of the person's probation or unless the due process procedures
mandated by Missouri Supreme Court Rule 37.65 or its successor rule
are strictly followed by the court;
4.
Assess court costs where a defendant has been found to be indigent under Subsection (D)(5) or if a case has been dismissed;
5.
Assess court costs against a defendant who the Municipal Court
finds to be indigent based on standards set by the Presiding Judge
of the 21st Judicial Circuit Court of the State of Missouri; or
6.
Issue an additional charge for the failure to appear on a minor
traffic violation.
E.
Municipal Ordinance Violations. Notwithstanding anything to the contrary herein, no punishment for a municipal ordinance violation as defined by Section 479.350, RSMo., and Section 100.080 of this Municipal Code of the City of Wright City shall impose a fine, when combined with the amount of court costs, that exceeds:
1.
For municipal ordinance violations committed within a twelve-month
period beginning with the first violation:
a.
Two hundred dollars ($200.00) for the first municipal ordinance
violation;
b.
Two hundred seventy-five dollars ($275.00) for the second municipal
ordinance violation;
c.
Three hundred fifty dollars ($350.00) for the third municipal
ordinance violation; and
d.
Four hundred fifty dollars ($450.00) for the fourth and any
subsequent municipal ordinance violations;
3.
Place a person convicted of a minor traffic violation in confinement
for failure to pay a fine unless such nonpayment violates the terms
of the person's probation or unless the due process procedures
mandated by Missouri Supreme Court Rule 37.65 or its successor rule
are strictly followed by the court;
4.
Assess court costs where a defendant has been found to be indigent under Subsection (E)(5) or if a case has been dismissed; or
5.
Assess court costs against a defendant who the Municipal Court
finds to be indigent based on standards set by the Presiding Judge
of the 21st Judicial Circuit Court of the State of Missouri.
F.
Conditions — Review Of Original Fine And Sentence, When. If
an individual has been held in custody on a notice to show cause or
an arrest warrant for an underlying minor traffic violation, the court,
on its own motion or on the motion of any interested party, may review
the original fine and sentence and waive or reduce such fine or sentence
if the court finds it reasonable given the circumstances of the case.
G.
Notice To Appear In Court, Date And Time To Be Given When First Provided.
For any notice to appear, citation, or summons on a minor traffic
violation, the date and time the defendant is to appear in court shall
be given when such notice to appear, citation, or summons is first
provided to the defendant. If said notice is not properly given, the
court shall reissue the notice, citation, or summons to the defendant
and shall specifically set forth the date and time for the defendant
to appear.
[R.O. 1992 § 100.120; Ord. No.
869 §II, 12-28-2015]
The City shall be entitled to enforce any provision of this
Code through all remedies lawfully available, and any person determined
judicially to have violated the terms of this Code shall further be
liable to pay the City's costs and attorneys' fees in enforcing
such Code provisions. Additionally, any user of City services, rights-of-way
or other City facilities or property shall, as a condition of such
use or continued use, to the full extent permissible by law, be liable
to pay the City's costs and attorneys' fees incurred in
enforcing any lawful requirement applicable to such use, whether arising
in contract, statute, ordinance, or other enforceable duty as to such
use.
