City of Berkeley, MO
St. Louis County
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Table of Contents
Table of Contents

Section 100.070 Penalties.

[CC 1961 §1.05; Ord. No. 1952 §1, 3-19-1973; Ord. No. 3583 §1, 3-3-2003]
A. 
Standard Penalty. Any person violating any provision of this Code, or any rule or regulation adopted or issued in pursuance thereof, or any provision of any Code adopted herein by reference is guilty of a misdemeanor or ordinance violation, and upon conviction, unless another penalty is specifically provided, shall be subject to a fine of not less than one dollar ($1.00) or more than one thousand dollars ($1,000.00), or to imprisonment not more than ninety (90) days, or both, and may be adjudged to pay the costs of prosecution. Whenever the fine and costs imposed for a violation are not paid, the person convicted may be committed to jail until the fine and costs are paid, not exceeding ninety (90) days.
B. 
Each Day A Violation. Each act of violation and every day upon which a violation occurs or continues constitutes a separate offense.
C. 
Applicability. The penalty provided by this Section applies to the amendment of any Section of this Code or any Code adopted herein by reference whether or not such penalty is re-enacted in the amendatory ordinance.
D. 
Reference To Sections. Reference to any Section of this Code shall be understood to also refer to and include the penalty Section relating thereto, unless otherwise expressly provided.
E. 
Failure Of Officers To Perform Duties. 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 for violation of this Code, unless a penalty is specifically provided, or such act is declared to be unlawful.
F. 
All persons convicted and sentenced by the Municipal Judge for violation of any ordinance or part thereof, whether the punishment be by fine or imprisonment or both, may be put to work and perform labor on the said public streets, highways and alleys or other public works or buildings of the City. The Chief of Police, Director of Public Works or other official of the City shall have the power and be authorized and required to have or cause all such prisoners to work out the full number of days for which such prisoner may have been sentenced. If the punishment be by fine and the fine be not paid, then for every fifteen dollars ($15.00) of such fine the prisoner shall work one (1) day.

Section 100.080 Responsibility for Conduct of Another.

A. 
A person is criminally responsible for the conduct of another when:
1. 
The Statute defining the offense makes him/her so responsible; or
2. 
Either before or during the commission of an offense with the purpose of promoting the commission of an offense, he/she aids or agrees to aid or attempts to aid such other person in planning, committing or attempting to commit the offense.
B. 
However, a person is not so responsible if:
1. 
He/she is the victim of the offense committed or attempted;
2. 
The offense is so defined that his/her conduct was necessarily incident to the commission or attempt to commit the offense. If his/her conduct constitutes a related but separate offense, he/she is criminally responsible for that offense but not for the conduct or offense committed or attempted by the other person; or
3. 
Before the commission of the offense he/she abandons his/her purpose and gives timely warning to law enforcement authorities or otherwise makes proper effort to prevent the commission of the offense.
C. 
The defense provided by Subdivision (3) of Subsection (B) is an affirmative defense.