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, 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.
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.
Notwithstanding any provisions to the contrary, the following conditions shall apply to minor traffic violations and municipal ordinance violations, as those terms are defined in Section 100.080 of the City Code:
[R.O. 2011 § 100.050(D); Ord. No.
1216 § 5, 1-4-2016]
1.
The court shall not assess a fine, if combined with the amount of
court costs, totaling in excess of:
a.
Two hundred twenty-five dollars ($225.00) for minor traffic violations;
and
b.
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;
2.
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;
3.
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;
4.
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
E.
If an individual has been held in custody on a notice to show cause
or an arrest warrant for an underlying minor traffic violation, the
court, on its own motion or on the motion of any interested party,
may review the original fine and sentence and waive or reduce such
fine or sentence if the court finds it reasonable given the circumstances
of the case.