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City of Smithville, MO
Clay County
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Table of Contents
Table of Contents
[R.O. 1991 § 100.030; Ord. No. 3173-23, 2-21-2023]
A. 
General Penalty.
1. 
Except as hereinafter provided, whenever in this Code or in any other ordinance of this City or in any rule, regulation, notice or order promulgated pursuant to such Code or other such ordinance of the City any act is prohibited or is made or declared to be unlawful or any offense or a misdemeanor, or whenever in such code or in such other City ordinance, rule, regulation, notice or order the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the violation of any such provision of this Code or of any other ordinance of the City or of any rule, regulation, notice or order promulgated pursuant to such Code or other City ordinance shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment for a period 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 any Statute of the State, the statutory penalty or an amount not to exceed the statutory maximum, and no other, shall be imposed for such offense, except that imprisonment may be made in the City Jail or workhouse instead of the County Jail.
2. 
Whenever any provision of the Missouri Constitution, 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 this Code or other City ordinance or rule, regulation, notice or order promulgated pursuant thereto a fine of less amount than that provided in this Section, then the violation of such particular provision in this Code or other City ordinance, rule regulation, notice or order shall be punished by the imposition of not more than the maximum fine or imprisonment or civil penalty so authorized, or by both such fine and imprisonment.
3. 
Regarding acts referenced in Missouri Constitutional Amendment XIV, penalties shall be civil penalties as authorized and limited by Amendment XIV.
B. 
Continuing Violation. A separate offense shall be deemed committed upon each day during or on which a violation of this Code or any other City ordinance, rule, regulation, notice or order promulgated pursuant thereto, occurs, or continues, unless otherwise provided.