[R.O. 2004 § 100.220; CC 1986 § 13.040]
A.
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.
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.
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.
E.
Notwithstanding any provisions to the contrary, the following conditions
shall apply to minor traffic violations and municipal ordinance violations:
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
5.
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;
6.
ANNUAL GENERAL OPERATING REVENUE
COURT COSTS
MUNICIPAL ORDINANCE VIOLATION
MINOR TRAFFIC VIOLATION
For purposes of this Section, the following terms mean:
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.
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.
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.
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.
