[Ord. No. 6999 § 2, 9-24-2015; Ord. No. 7025 § 1, 11-28-2016]
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; 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 City prison or workhouse instead of the County Jail.
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.
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.
Minor Traffic Violations And Municipal Ordinance Violations. The punishment of a minor traffic violation and a municipal ordinance violation, as defined by Section 300.010 of the University City Municipal Code, shall be subject to the following:
For any minor traffic violation, the maximum fine and court costs that can be imposed shall be two hundred twenty-five dollars ($225.00).
For any municipal ordinance violation(s) committed within a twelve-month period beginning with the first violation, two hundred dollars ($200.00); two hundred seventy-five dollars ($275.00) for the second violation; three hundred fifty dollars ($350.00) for the third violation; and four hundred fifty dollars ($450.00) for the fourth and any subsequent violation.
A person convicted of a minor traffic violation or municipal ordinance violation shall not be placed in confinement for failure to pay a fine unless such non-payment violates the terms of the person's probation or unless the due process procedures mandated by Missouri Supreme Court Rule 37.63 or its successor rule are strictly followed by the court.
Court costs shall be assessed against such person unless the court finds that the defendant is indigent or if the case is dismissed.
[Ord. No. 7068, 12-11-2017]
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, right-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.
[Ord. No. 7068, 12-11-2017; Ord. No. 7093, 1-14-2019]
Any person who fails to hold and maintain a current and valid agreement with the City to use the City's land or facilities has no right to holdover and shall be subject to the provisions and City remedies of this Subsection in addition to all other remedies and penalties as may otherwise exist in applicable law. Any claimed holdover right shall be deemed void and terminated upon expiration of a valid use agreement unless the City has affirmatively in writing authorized the holdover, or as otherwise may be required by law. Where an agreement, lease, or other agreement for use of public land or facilities expires, or a person is using public lands without authorization, and in addition to any penalties or other requirements therein, the person during any period without a valid agreement shall, during any period of unauthorized use:
Indemnify the City from any liability arising from the use;
Pay any damages and costs of the City from such use, including attorneys' fees incurred in enforcing this ordinance; and
Make payment of compensation in the amount of two (2) times the monthly rent of the last expired agreement, if a holdover, and two (2) times the market rental value reasonably determined by the City in Section 505.220 or otherwise provided by ordinance ("violation rate"), if no prior agreement, provided that in no event shall the violation rate be less than the rate set by ordinance, until a valid agreement is executed with the City or the attachments and/or use is fully removed, the property restored and all obligations to the City satisfied.
Unless otherwise provided in an unexpired agreement, such person shall also be responsible for interest on all amounts owed and at a rate of one and one-half percent (1.5%) per month. Nothing in these provisions, remedies, or compensation requirements, or acceptance or enforcement thereof by the City, shall be deemed to accept or authorize any use of public property without a required agreement, or after the expiration of such agreement, or otherwise in violation of applicable requirements.