[Ord. No. 6999 § 2, 9-24-2015; Ord. No. 7025 § 1, 11-28-2016]
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 one
thousand dollars ($1,000.00) 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.
Minor Traffic Violations And Municipal Ordinance Violations. The punishment of a minor traffic violation and a municipal ordinance violation, as defined by Section 300.010 of the University City Municipal Code, shall be subject to the following:
1.
For any minor traffic violation, the maximum fine and court
costs that can be imposed shall be two hundred twenty-five dollars
($225.00).
2.
For any municipal ordinance violation(s) committed within a
twelve-month period beginning with the first violation, two hundred
dollars ($200.00); two hundred seventy-five dollars ($275.00) for
the second violation; three hundred fifty dollars ($350.00) for the
third violation; and four hundred fifty dollars ($450.00) for the
fourth and any subsequent violation.
4.
A person convicted of a minor traffic violation or municipal
ordinance 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 37.63 or its successor rule are strictly followed
by the court.
5.
Court costs shall be assessed against such person unless the
court finds that the defendant is indigent or if the case is dismissed.
[Ord. No. 7068, 12-11-2017]
The City shall be entitled to enforce any provision of this
Code through all remedies lawfully available, and any person determined
judicially to have violated the terms of this Code shall further be
liable to pay the City's costs and attorneys' fees in enforcing such
Code provisions. Additionally, any user of City services, right-of-way
or other City facilities or property, shall, as a condition of such
use or continued use, to the full extent permissible by law, be liable
to pay the City's costs and attorneys' fees incurred in enforcing
any lawful requirement applicable to such use, whether arising in
contract, statute, ordinance, or other enforceable duty as to such
use.
[Ord. No. 7068, 12-11-2017; Ord. No. 7093, 1-14-2019]
A.
Any person who fails to hold and maintain a current and valid agreement
with the City to use the City's land or facilities has no right to
holdover and shall be subject to the provisions and City remedies
of this Subsection in addition to all other remedies and penalties
as may otherwise exist in applicable law. Any claimed holdover right
shall be deemed void and terminated upon expiration of a valid use
agreement unless the City has affirmatively in writing authorized
the holdover, or as otherwise may be required by law. Where an agreement,
lease, or other agreement for use of public land or facilities expires,
or a person is using public lands without authorization, and in addition
to any penalties or other requirements therein, the person during
any period without a valid agreement shall, during any period of unauthorized
use:
1.
Indemnify the City from any liability arising from the use;
2.
Pay any damages and costs of the City from such use, including
attorneys' fees incurred in enforcing this ordinance; and
3.
Make payment of compensation in the amount of two (2) times the monthly rent of the last expired agreement, if a holdover, and two (2) times the market rental value reasonably determined by the City in Section 505.220 or otherwise provided by ordinance ("violation rate"), if no prior agreement, provided that in no event shall the violation rate be less than the rate set by ordinance, until a valid agreement is executed with the City or the attachments and/or use is fully removed, the property restored and all obligations to the City satisfied.
B.
Unless otherwise provided in an unexpired agreement, such person
shall also be responsible for interest on all amounts owed and at
a rate of one and one-half percent (1.5%) per month. Nothing in these
provisions, remedies, or compensation requirements, or acceptance
or enforcement thereof by the City, shall be deemed to accept or authorize
any use of public property without a required agreement, or after
the expiration of such agreement, or otherwise in violation of applicable
requirements.
