[Ord. No. 2015-58 §1, 9-28-2015; Ord. No. 2016-31 §1, 9-12-2016]
A.
MINOR TRAFFIC VIOLATION
MUNICIPAL ORDINANCE VIOLATION
Definitions. For purposes of this Section, the following
terms shall have the following meanings:
Any violation for which the Missouri Department of Revenue
is authorized to assess no more than four (4) points to a person's
driving record upon conviction, and that does not involve an accident
or injury, the operation of a commercial vehicle, exceeding a speed
limit by more than nineteen (19) miles per hour, or a violation occurring
within a construction zone or a school zone.
B.
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 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 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.
C.
Minor Traffic Violations And Municipal Ordinance Violations. The punishment of minor traffic violations and municipal ordinance
violations as defined herein shall be subject to the following:
1.
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).
2.
The maximum fine and court costs that can be imposed for municipal
ordinance violations committed within a 12-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.
3.
Minor traffic violations and municipal ordinance violations
shall not be punishable by imprisonment, unless the violation: (i)
involved alcohol or controlled substances, (ii) endangered the health
or welfare of others, or (iii) involved eluding or giving false information
to a law enforcement officer.
4.
A person convicted of a minor traffic 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 37.65 or
its successor rule are strictly followed by the Court.
5.
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.
6.
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.
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.
