City of Edmundson, MO Article III Penalty

Section 100.220 General Penalty.

[CC 2001 §100.220(B,C); Ord. No. 1145 §1, 4-12-2001]

A. 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, 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 one thousand dollars ($1,000.00) or by imprisonment in the City or County Jail not exceeding ninety (90) days, or by both such fine and imprisonment.

[Ord. No. 1455 §6, 8-27-2015; Ord. No. 1470 §1, 10-13-2016]

Exceptions:

1. 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.

2. The Court shall not sentence a person to confinement, except the court may sentence a person to confinement for any violation:

a. Involving alcohol or controlled substances;

b. Endangering the health or welfare of others; or

c. For eluding or giving false information to a Law Enforcement Officer.

3. The punishment of a "minor traffic violation" as defined by Section 479.350, RSMo., shall be subject to the following provisions:

a. The maximum fine and court costs that can be imposed for the violation of any minor traffic violation shall be two hundred twenty-five dollars ($225.00).

b. Court costs shall be assessed against such person unless the court finds that the defendant is indigent.

4. The punishment of a municipal ordinance violation for which penalties are authorized by Section 67.398, RSMo. (nuisances), Section 71.285 (high grass and weeds and litter and debris nuisances), or Sections 89.120 and 89.490 (zoning violations) shall be subject to the following provisions:

a. The maximum fine and court costs that can be imposed for such violation shall be:

(1) For the first violation within any twelve-month period of time: two hundred dollars ($200.00).

(2) For the second violation within any twelve-month period of time: two hundred seventy-five dollars ($275.00).

(3) For the third violation within any twelve-month period of time: three hundred fifty dollars ($350.00).

(4) For the fourth and any subsequent violation within any twelve-month period of time: four hundred fifty dollars ($450.00).

b. Court costs shall be assessed against such person unless the court finds that the defendant is indigent.

5. 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.

B. 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.

C. 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.

D. Equitable Relief. In addition to any other remedies or penalties established for violations of any ordinance or Code Section, or any rule, regulation, notice, condition, term or order promulgated by any officer or agency of the City under duly vested authority, the City Official responsible for the enforcement of such ordinance, Code Section, rule, regulation, notice, condition, term or order may, on behalf of the City and after approval by the Board of Aldermen, apply to a court of competent jurisdiction for such legal or equitable relief as may be necessary to enforce compliance with such ordinance, Code Section, rule, regulation, notice, condition, term or order. In such action the court may grant such legal or equitable relief, including, but not limited to, mandatory or prohibitory injunctive relief, as the facts may warrant. Upon the successful prosecution of any such action the City may be awarded by the court reasonable attorney fees as allowed by law.

E. Restrictions On Delinquent Applicants.

1. For the purposes of this Section, the following terms shall have the following meanings:

APPLICANT

An individual or a corporation, firm, partnership, joint venture, association, organization or entity of any kind, including any shareholder, owner, officer, partner, joint venturer or member of such entity or any other person holding an ownership interest in such entity requesting any City permit, license, franchise or other approval.

RELATED PERSON OR ENTITY

a. A firm, partnership, joint venture, association, organization or entity of any kind in which the applicant holds any stock, title, or other ownership interest of at least twenty percent (20%);

b. A firm, partnership, joint venture, association, organization or entity of any kind which holds any stock, title, or other ownership interest in the applicant of at least twenty percent (20%); or

c. An individual, firm, partnership, joint venture, association, organization or entity of any kind, whose affairs the applicant has the legal or practical ability to direct, either directly or indirectly, whether by contractual agreement, majority ownership interest, any lessor ownership interest, familial relationship or in any other manner.

RELEVANT LAW

a. Any Statute or regulation of the United States or the State of Missouri;

b. Any ordinance or Code Section of the City, or any rule, regulation, notice, condition, term or order promulgated by any officer or agency of the City under duly vested authority of the City; or

c. Any final judgment or order of any court of competent jurisdiction, when a Statute, ordinance, Code Section, rule, regulation, notice, condition, term, order or judgment at issue regulates conduct or conditions germane to the issuance of the requested permit, license, franchise or other approval as provided by the applicable ordinance or Code Section of the City.

2. In enforcing or administering the ordinances of the City, no permit, license, franchise or approval of any kind shall be granted to any applicant:

a. Who is charged with, or in violation of, any relevant law; or

b. Who is related to or associated with a related person or entity who is charged with, or in violation of, any relevant law,

until such time as the applicant or the related person or entity resolves the pending charge or comes into compliance with the relevant law.

3. The reviewing or enforcement officer may consider past violations of relevant law by an applicant or a related person or entity in considering whether to issue a permit, license, franchise or approval requested by an applicant.

4. The reviewing or enforcement officer may refuse to accept the refiling of a denied application for one (1) year from the date of the denial unless the officer finds that the application has been substantially revised, or that substantial new facts or change in circumstances warrant reapplication.

5. Any aggrieved applicant may appeal the decision of the reviewing or enforcement officer to the Board of Aldermen within five (5) business days of said decision. The Board may reverse or modify the decision of the reviewing or enforcement officer provided the applicant:

a. Establishes a good-faith effort to effect compliance with this Section and any relevant law, or if applicable, an inability to do so because of the ownership structure of any pertinent related entity; or

b. Establishes that the applicant has not been charged with, or is not in violation of, any relevant law.