[R.O. 1996 § 100.120; Ord. No. 825 § 2, 11-10-2016; Ord. No. 868 § 3, 2-22-2018[1]]
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 or misdemeanor 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, 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 a jail sentence not exceeding ninety (90) days or by both such fine and jail sentence; 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.
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. Notwithstanding anything to the contrary herein, no punishment for a minor traffic violation as defined by Section 300.010 of this Municipal Code shall:
1. 
Impose a fine, when combined with the amount of Court costs, that exceeds two hundred twenty-five dollars ($225.00);
2. 
Be punishable by imprisonment, unless the violation involved:
a. 
Alcohol or controlled substances;
b. 
Endangered the health and welfare of others; or
c. 
Involved eluding or giving false information to a Law Enforcement Officer.
3. 
Place a person convicted of a minor traffic violation 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 37.65 or its successor rule are strictly followed by the Court;
4. 
Assess Court costs where a defendant has been found to be indigent under Subsection (D)(5) or if a case has been dismissed;
5. 
Assess Court costs against a defendant who the Circuit Court finds to be indigent based on standards set by the Presiding Judge of the 20th Judicial Circuit Court of the State of Missouri; or
[Ord. No. 885, 4-11-2019]
6. 
Issue an additional charge for the failure to appear on a minor traffic violation.
E. 
Municipal Ordinance Violations. Notwithstanding anything to the contrary herein, no punishment for a municipal ordinance violation as defined by Section 479.350, RSMo., and Section 300.010 of this Municipal Code of the City of Gerald shall impose a fine, when combined with the amount of Court costs that exceeds:
1. 
For municipal ordinance violations committed within a twelve-month period beginning with the first violation:
a. 
Two hundred dollars ($200.00) for the first municipal ordinance violation;
b. 
Two hundred seventy-five dollars ($275.00) for the second municipal ordinance violation;
c. 
Three hundred fifty dollars ($350.00) for the third municipal ordinance violation; and
d. 
Four hundred fifty dollars ($450.00) for the fourth and any subsequent municipal ordinance violations.
2. 
Be punishable by imprisonment, unless the violation involved:
a. 
Alcohol or controlled substances;
b. 
Endangered the health and welfare of others; or
c. 
Involved eluding or giving false information to a Law Enforcement Officer.
3. 
Place a person convicted of a minor traffic violation 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 37.65 or its successor rule are strictly followed by the Court;
4. 
Assess Court costs where a defendant has been found to be indigent under Subsection (E)(5) or if a case has been dismissed; or
5. 
Assess Court costs against a defendant who the Circuit Court finds to be indigent based on standards set by the Presiding Judge of the 20th Judicial Circuit Court of the State of Missouri.
[Ord. No. 885, 4-11-2019]
[1]
Editor's Note: Section 1 of this ordinance provides that the whereas clause, which states that the City is authorized to recover costs arising from violators of laws, is specifically incorporated by reference. The full text of said whereas clause is on file in the City offices.