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 three (3) months, 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.
Whenever
any provision of the Revised Statutes of Missouri or other Statute
of the State limits the authority of the City to punish the violation
of any particular provision of these ordinances or rules, regulations
or orders promulgated pursuant thereto to a fine of less amount than
that provided in this Section or imprisonment for a shorter term than
that provided in this Section, the violation of such particular provision
of these ordinances or rules, regulations or orders shall be punished
by the imposition of not more than the maximum fine or imprisonment
so authorized, or by both such fine and imprisonment.
C.
Whenever
any provision of the Revised Statutes of Missouri or other Statute
of the State establishes a penalty differing from that provided by
this Section for an offense similar to any offense established by
these ordinances, rules, regulations or other orders of the City,
the violation of such City law, ordinance, rule, regulation or order
shall be punished by the fine or imprisonment established for such
similar offense by such State law.
D.
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.
E.
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.
[R.O. 1993 § 100.080; CC 1969 § 1-7.01; Ord. No. 2452 § 1-7.01, 6-12-1989]
In all cases where the same offense may be made punishable,
or shall be created by different clauses or sections of the ordinances
of the City, the City Attorney may elect under which to proceed; but
not more than one (1) recovery shall be had against the same person
for the same offense.
[R.O. 1993 § 100.090; CC 1969 § 1-7.02; Ord. No. 2452 § 1-7.02, 6-12-1989]
When a sentence for violation of any provision of this Code
or any other ordinance of the City, or for violation of any rule,
regulation or order promulgated or given pursuant thereto, includes
a fine and such fine is not paid, or if the cost of prosecution adjudged
against an offender is not paid, the person under sentence shall be
imprisoned one (1) day for every ten dollars ($10.00) of any such
unpaid fine or costs, or both the fine and costs, not to exceed a
total of three (3) months.
[1]
State Law Reference: Municipal authority to impose prison
sentence to work off unpaid fines, RSMo. § 77.590.
[R.O. 1993 § 100.100]
A person shall be an accessory to a violation of an ordinance
of the City if, either before or during the commission of an offense
with the purpose of promoting the commission of an offense, he/she
aids or agrees to aid or attempts to aid such other person in planning,
committing or attempting to commit the offense. Such person may be
charged, tried, convicted and punished in the same manner as the person
actually violating such ordinance.
[1]
State Law Reference: As to similar provisions, see RSMo. § 562.041.1(2).
