City of Pagedale, MO Penalty

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 one thousand dollars ($1,000.00) or by imprisonment in the City or County Jail not exceeding ninety (90) days, or by both such fine and imprisonment.

[Ord. No. 1564 §6, 9-10-2015; Ord. No. 1588, 11-10-2016]

Exceptions:

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.

The Court shall not sentence a person to confinement, except the court may sentence a person to confinement for any violation:

(1)

Involving alcohol or controlled substances;

(2)

Endangering the health or welfare of others; or

(3)

For eluding or giving false information to a Law Enforcement Officer.

The punishment of a "minor traffic violation" as defined by Section 479.350, RSMo., shall be subject to the following provisions:

(1)

The maximum fine and court costs that can be imposed for the violation of any minor traffic violation shall be two hundred twenty-five dollars ($225.00).

(2)

Court costs shall be assessed against such person unless the court finds that the defendant is indigent.

The punishment of a municipal ordinance violation for which penalties are authorized by Section 67.398, RSMo. (nuisances), Section 71.285 (high grass and weeds and litter and debris nuisances), or Sections 89.120 and 89.490 (zoning violations) shall be subject to the following provisions:

(1)

The maximum fine and court costs that can be imposed for such violation shall be:

(a)

For the first violation within any twelve-month period of time: two hundred dollars ($200.00).

(b)

For the second violation within any twelve-month period of time: two hundred seventy-five ($275.00).

(c)

For the third violation within any twelve-month period of time: three hundred fifty ($350.00).

(d)

For the fourth and any subsequent violation within any twelve-month period of time: four hundred fifty ($450.00).

(2)

Court costs shall be assessed against such person unless the court finds that the defendant is indigent.

A person shall not be placed in conferment 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.

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.

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.