[R.O. 2004 § 100.220; CC 1986 § 13.040]
Except as provided in Subsection (E) of this section, 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 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 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.
Injunctive Relief. Nothing contained herein shall prohibit the Board of Aldermen from obtaining mandatory or prohibitive injunctive relief from a court of competent jurisdiction to obtain compliance with any ordinance of the City of Duquesne.
Notwithstanding any provisions to the contrary, the following conditions shall apply to minor traffic violations and municipal ordinance violations:
The court shall not assess a fine, if combined with the amount of court costs, totaling in excess of:
Two hundred twenty-five dollars ($225.00) for minor traffic violations; and
For municipal ordinance violations committed within a twelve-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;
The court shall not sentence a person to confinement, except the court may sentence a person to confinement for any violation involving alcohol or controlled substances, violations endangering the health or welfare of others, or eluding or giving false information to a law enforcement officer;
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;
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; and
No court costs shall be assessed if the defendant is found to be indigent under Subsection (E)(4) of this Section or if the case is dismissed;
For purposes of this Section, the following terms mean:
- ANNUAL GENERAL OPERATING REVENUE
- Revenue that can be used to pay any bill or obligation of a county, City, town, or village, including general sales tax; general use tax; general property tax; fees from licenses and permits; unrestricted user fees; fines, court costs, bond forfeitures, and penalties. Annual general operating revenue does not include designated sales or use taxes; restricted user fees; grant funds; funds expended by a political subdivision for technological assistance in collecting, storing, and disseminating criminal history record information and facilitating criminal identification activities for the purpose of sharing criminal-justice-related information among political subdivisions; or other revenue designated for a specific purpose.
- COURT COSTS
- Costs, fees, or surcharges which are retained by a county, City, town, or village upon a finding of guilty or plea of guilty, and shall exclude any costs, fees, or surcharges disbursed to the state or other entities by a county, City, town, or village and any certified costs, not including fines added to the annual real estate tax bill or a special tax bill under Section 67.398, 67.402, or 67.451, RSMo.
- MUNICIPAL ORDINANCE VIOLATION
- A municipal or county ordinance violation prosecuted for which penalties are authorized by statute under Sections 64.160, 64.200, 64.295, 64.487, 64.690, 64.895, 67.398, 71.285, 89.120, and 89.490, RSMo. Municipal ordinance violation shall include amended charges for municipal ordinance violations.
- MINOR TRAFFIC VIOLATION
- A municipal or county traffic ordinance violation prosecuted that does not involve an accident or injury, that does not involve the operation of a commercial motor vehicle, and for which no points are assessed by the department of revenue or the department of revenue is authorized to assess one (1) to four (4) points to a person's driving record upon conviction. Minor traffic violation shall include amended charges for any minor traffic violation. Minor traffic violation shall exclude a violation for exceeding the speed limit by more than nineteen (19) miles per hour or a violation occurring within a construction zone or school zone.