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]
1.
Exceptions:
a.
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.
b.
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.
c.
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.
d.
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.
e.
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.