[CC 2000 §1-4-1(B,D); CC 1974 §1-7; Ord. No. 778, 4-15-1991]
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 or a 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 three
(3) months, 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.
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.
Limitation On Fines. 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
this Code or other City ordinance or rule, regulation or order promulgated
pursuant thereto a fine of less amount than that provided in this
Section, then the violation of such particular provision of this Code
or other City ordinance, rule, regulation or order shall be punished
by the imposition of not more than the maximum fine so authorized.
E.
Exemptions. This Section does not apply to Violation Bureau
fines.
[CC 2000 §1-4-2]
A.
Application Of Penalty. The penalty provided in this Chapter
shall be applicable to every Section of this City Code the same as
though it were a part of each and every separate Section.
B.
One Judgment Only. In all cases where the same offense is
made punishable or is created by different clauses or Sections of
this City Code, the prosecuting officer may elect under which to proceed,
but not more than one (1) recovery shall be had 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 being enforced.
C.
Breach Of Provisions. Whenever the doing of any act or the
omission to do any act constitutes a breach of any Section or provision
of this City Code and there shall be no fine or penalty specifically
declared for such breach, the provisions of this Chapter shall apply.
Any person who is convicted or pleads guilty to a speeding violation
or passing/overtaking a vehicle in a work/construction zone when there
was any person present performing duties in the work/construction
zone and appropriate signs were posted stating "Warning: $250 fine
for speeding or passing in this work zone" shall be assessed a fine
of two hundred fifty dollars ($250.00) in addition to any other fine
assessed; except that any person assessed the two hundred fifty dollar
($250.00) fine shall not also be assessed the thirty-five dollar ($35.00)
fine for any of the following offenses in a construction or work zone:
any moving violation or violation of speeding, leaving the scene,
careless and imprudent driving, operating without a valid license,
operating with a suspended or revoked license, obtaining a license
by misrepresentation, driving while intoxicated, under the influence
or BAC, any felony offense involving the use of a vehicle, or failure
to maintain financial responsibility.
[CC 2000 §1-4-3]
No provision of this City Code designating the duties of any
officer or employee shall be so construed as to make such officer
or employee liable for any fine or penalty provided for a failure
to perform such duty unless the intention of the Board of Aldermen
to impose such fine or penalty on such officer or employee is specifically
and clearly expressed in the Section creating the duty.
