A.
Except as hereinafter provided, 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.
[Ord. No. 2016-2915 § 1, 9-30-2016]
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.
[Ord. No. 2016-2915 § 1, 9-30-2016]
1.
"Minor traffic violations" are hereby defined as traffic ordinance
violations that do not involve an accident or injury, that do not
involve the operation of a commercial 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 violations include amended charges
for any minor traffic violation. The definition of minor traffic violations
does not include violations for exceeding the speed limit by more
than nineteen (19) miles per hour or a violation occurring within
a construction zone or a school zone.
2.
Fines. A person convicted of or who pled guilty to a minor traffic
violation shall not be assessed a fine, if combined with the amount
of court costs, totaling in excess of two hundred twenty-five dollars
($225) for minor traffic violations.
E.
Municipal Ordinance Violations.
1.
"Municipal ordinance violations" are hereby defined as violations of Chapter 215, Nuisances, Title V, Zoning Regulations, and Title V, Building Code, including but not limited to the penalties authorized by Sections 215.070(G); 400.380; 420.130; 430.150; and 500.097.
2.
Fines. A person, general agent, occupant, lessee, or any other
entity convicted of or that pled guilty to a municipal ordinance violation
shall not be assessed a fine, if combined with the amount of court
costs, for violations committed within a twelve-month period beginning
with the first violation totaling in excess of two hundred dollars
($200.00) for the first violation, 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 violations.
F.
The Municipal Judge may not sentence a defendant to confinement for failure to pay a fine for a minor traffic violation or municipal ordinance violation, as defined in Section 100.220(D)(1) and 100.220(E)(1) of this Code and Section 479.350, RSMo., 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 Municipal Judge.
