City of Bolivar, MO Article III Penalty

Section 100.220 General Penalty.

A. For purposes of this Section, the following terms are defined as follows:

MINOR TRAFFIC VIOLATION

A traffic ordinance violation prosecuted that does not involve an accident or injury, that does not involve the operation of a commercial motor vehicle, and for which no points are assessed by the Department of Revenue or the Department of Revenue is authorized to assess one (1) to four (4) points to a person's driving record upon conviction. "Minor traffic violation" shall include amended charges for any minor traffic violation. "Minor traffic violation" shall exclude a violation for exceeding the speed limit by more than nineteen (19) miles per hour or a violation occurring within a construction zone or school zone.

MUNICIPAL ORDINANCE VIOLATION

An ordinance violation prosecuted under Section 235.010(I) of this Code for failure to comply with a nuisance abatement, and ordinance violations prosecuted under Title IV of this Code. "Municipal ordinance violation" shall include amended charges for municipal ordinance violations.

B. Notwithstanding any provisions in this Section to the contrary, the following conditions shall apply to minor traffic violations and municipal ordinance violations:

1. The court shall not assess a fine, if combined with the amount of court costs, totaling in excess of:

a. Two hundred twenty-five dollars ($225.00) for minor traffic violations; and

b. For municipal ordinance violations committed within a twelve-month period beginning with the first violation: two hundred dollars ($200.00) for the first municipal ordinance violation, two hundred seventy-five dollars ($275.00) for the second municipal ordinance violation, three hundred fifty dollars ($350.00) for the third municipal ordinance violation, and four hundred fifty dollars ($450.00) for the fourth and any subsequent municipal ordinance violations.

2. The court shall not sentence a person to confinement, except the court may sentence a person to confinement for any violation involving alcohol or controlled substances, violations endangering the health or welfare of others, or eluding or giving false information to a Law Enforcement Officer.

3. A person shall not be placed in confinement for failure to pay a fine unless such non-payment violates terms of 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. Court costs that apply shall be assessed against the defendant unless the court finds that the defendant is indigent based on standards set forth in determining such by the presiding judge of the circuit. Such standards shall reflect model rules and requirements to be developed by the Supreme Court.

5. No court costs shall be assessed if the defendant is found to be indigent under Subsection (B)(4) of this Section or if the case is dismissed.

6. 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.

C. Subject to the provisions of Subsection (B) of this Section, whenever in this Code or any other ordinance 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, misdemeanor or ordinance violation 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 or ordinance violation, and no specific penalty is provided for the violation thereof, upon conviction of a violation of any such provision of this Code or 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 in the City or County Jail 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, except that imprisonments may be in the County Jail or other penal institution, whether public or private, with whom the City may contract from time to time for the imprisonment of its prisoners.

D. Every day any violation of this Code or any other ordinance or any such rule, regulation, notice or order shall continue shall constitute a separate offense.

E. Whenever any act is prohibited by this Code, by an amendment thereof, or by any rule or regulation adopted thereunder, 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 this Code, an attempt to do the act is likewise prohibited.