City of Higginsville, MO Penalties

[R.O. 2009 §100.080; CC 1976 §1-8; Ord. No. 615 §§1—2, 3-6-1972; Ord. No. 2595 §1, 8-3-2015; Ord. No. 2637 §1, 8-15-2016]

Whenever in this Code or in any ordinance or resolution of the City, any act is prohibited or is made or declared to be unlawful or an offense or infraction, or whenever in such Code, ordinance or resolution the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the violation of any such provision of this Code, ordinance or resolution shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment not exceeding three (3) months or by both such fine and imprisonment; as may be just for any offense, recoverable with costs of suit, together with judgment of imprisonment, until the fine and costs are paid and satisfied; and any person committed for the non-payment of fines and costs, or either, may be compelled to work out the same; provided, however, that in any case wherein the penalty for an offense is fixed by any State law or statute, the same penalty so fixed by State law or statute shall be imposed for the punishment of such offense and no other. Imprisonments, when made under this Section may be in the City Jail instead of the County Jail.

Each day of any violation of any provision of this Code or of any such ordinance or resolution shall constitute a separate offense.

In addition to the penalty provided in Subsection (A), any condition caused or permitted to exist in violation of any of the provisions of this Code or any such ordinance or resolution shall be deemed a public nuisance and may be, by the City, abated as provided by law, and each day that such condition continues shall be regarded as a new and separate offense.

The provisions of Subsection (A) notwithstanding, any person convicted of a minor traffic violation, as defined by Section 479.353, RSMo., and as the same may be amended, shall be subject only to a fine that, when combined with court costs, does not exceed the amount provided in that Section. No confinement will be imposed for a minor traffic violation unless the violation involved:

Alcohol or controlled substances;

Actions that endangered the health or welfare of others; or

Eluding law enforcement or giving false information to a Law Enforcement Officer.

The provisions of Subsection (A) notwithstanding, any person convicted of an offense related to nuisances, vegetation, zoning or subdivision ordinances, shall be subject only to a fine that, when combined with costs, does not exceed the amount provided in Section 479.353, RSMo., and as the same may be amended. No confinement will be imposed unless the violation endangered the health or welfare of others.

When a sentence for violation of any provision of this Code or any other ordinances of the City, or for violation of any rule, regulation or order promulgated or given pursuant thereto, includes a fine and such fine is not paid, or if the costs of prosecution adjudged against an offender are not paid, the court shall proceed under Supreme Court Rule 37.65 to determine, if the defendant should be confined, after the hearing as provided therein.

Whenever any person has been found guilty, or has pleaded guilty, to an offense under this Code, the Judge of the municipal division may make one (1) or more of the following dispositions of the offender in any appropriate combination. The court may:

Sentence the offender to any lawful term of imprisonment under this Section;

Sentence the offender to pay a fine as authorized under this Section;

Suspend the imposition of sentence, with or without placing the person on probation;

Pronounce sentence and suspend its execution, placing the offender on probation;

Impose a period of detention as a condition of probation.

This Section shall not be construed to deprive the court of any authority conferred by law. Any action authorized by this Code or other law may be taken by the municipal division as necessary.