[R.O. 2008 §100.170; Code 1968 §23-01; CC 1988
§1-11]
A.
For
any purpose or purposes mentioned in this Chapter, the Council may
enact and make all necessary ordinances, rules and regulations; and
they may enact and make all such ordinances and rules, not inconsistent
with the laws of the State, as may be expedient for maintaining the
peace and good government and welfare of the City and its trade and
commerce; and all ordinances may be enforced by prescribing and inflicting
upon its inhabitants, or other persons violating the same, such fine
not exceeding five hundred dollars ($500.00) and such imprisonment
not exceeding three (3) months, or 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 or
satisfied; and any person committed for the non-payment of fine and
costs, or either, may be compelled to work out the same as herein
provided; but, in any case wherein the penalty for an offense is fixed
by any Statute, the Council shall affix the same penalty by ordinance
for the punishment of such offense, except that imprisonments, when
made under City ordinances, may be in the City prison or workhouse
instead of the County Jail.
B.
Whenever
any provision of the Revised Statutes of Missouri or other Statute
of the State limits the authority of the City to punish the violation
of any particular provision of these ordinances or rules, regulations
or orders promulgated pursuant thereto to a fine of less amount than
that provided in this Section or imprisonment for a shorter term than
that provided in this Section, the violation of such particular provision
of these ordinances or rules, regulations or orders shall be punished
by the imposition of not more than the maximum fine or imprisonment
so authorized, or by both such fine and imprisonment.
C.
Whenever
any provision of the Revised Statutes of Missouri or other Statute
of the State establishes a penalty differing from that provided by
this Section for an offense similar to any offense established by
these ordinances, rules, regulations or other orders of the City,
the violation of such City law, ordinance, rule, regulation or order
shall be punished by the fine or imprisonment established for such
similar offense by such State law.
D.
Each
act of violation and every day upon which a violation occurs or continues
shall constitute a separate offense.
E.
The
failure of any officer or employee of the City to perform any official
duty imposed by this Code shall not subject such officer or employee
to the penalty imposed by this Section unless a penalty is specifically
provided.
F.
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.
[R.O. 2008 §100.180; CC 1988 §1-12]
In all cases where the same offense may be made punishable,
or shall be created by different clauses or Sections of the ordinances
of the City, the Prosecuting Officer may elect under which to proceed,
but not more than one (1) recovery or penalty shall be had or enforced
against the same person for the same offense, provided that the revocation
of a license or permit shall not be considered a recovery or penalty
so as to bar any other penalty or recovery being enforced or had.
[R.O. 2008 §100.190; CC 1988 §1-14; Ord. No. 24-2007 §12, 12-13-2007]
In case any person is found guilty and sentenced by the Municipal
Judge for violation of this Code or any other ordinance of the City,
whether the punishment be by fine or imprisonment, or by both, such
person may be put to work and required to perform labor on the public
streets or highways, or other public works or buildings of the City,
and the Chief of Police, City Administrator or other proper officer
of the City shall have power and be authorized and required to have
or cause all such prisoners to work out the full number of days for
which they have been sentenced, and in case the defendant has sufficient
property out of which to make the money fine and costs assessed against
the defendant, and the same shall remain unpaid, the defendant shall
be required to do and perform such labor on the streets, highways
or other public buildings or public works of the City, as his/her
health and strength will permit, not exceeding eight (8) hours per
day, and for such work and labor the person so employed shall be allowed,
exclusive of his/her board, the sum of ten dollars ($10.00) per day,
which amount shall be credited on such fine and costs. Such labor
shall be done at the direction and under the supervision of the Chief
of Police or City Administrator. The officer or person in charge of
such prisoner while so employed may impose such restraints as may
be reasonably necessary to prevent the escape of the prisoner while
so employed.
