[R.O. 2009 §100.080; CC 1976 §1-8; Ord. No. 615 §§1—2, 3-6-1972; Ord. No. 2595 §1, 8-3-2015; Ord. No. 2637 §1, 8-15-2016]
A. Whenever in this Code or in any ordinance or resolution of the City,
any act is prohibited or is made or declared to be unlawful or an
offense or infraction, or whenever in such Code, ordinance or resolution
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, ordinance or resolution
shall be punished by a fine not exceeding five hundred dollars ($500.00)
or by imprisonment not exceeding three (3) months or by both such
fine and imprisonment; as may be just for any offense, recoverable
with costs of suit, together with judgment of imprisonment, until
the fine and costs are paid and satisfied; and any person committed
for the non-payment of fines and costs, or either, may be compelled
to work out the same; provided, however, that in any case wherein
the penalty for an offense is fixed by any State law or statute, the
same penalty so fixed by State law or statute shall be imposed for
the punishment of such offense and no other. Imprisonments, when made
under this Section may be in the City Jail instead of the County Jail.
B. Each day of any violation of any provision of this Code or of any
such ordinance or resolution shall constitute a separate offense.
C. In addition to the penalty provided in Subsection
(A), any condition caused or permitted to exist in violation of any of the provisions of this Code or any such ordinance or resolution shall be deemed a public nuisance and may be, by the City, abated as provided by law, and each day that such condition continues shall be regarded as a new and separate offense.
D. The provisions of Subsection
(A) notwithstanding, any person convicted of a minor traffic violation, as defined by Section 479.353, RSMo., and as the same may be amended, shall be subject only to a fine that, when combined with court costs, does not exceed the amount provided in that Section. No confinement will be imposed for a minor traffic violation unless the violation involved:
1.
Alcohol or controlled substances;
2.
Actions that endangered the health or welfare of others; or
3.
Eluding law enforcement or giving false information to a Law
Enforcement Officer.
E. The provisions of Subsection
(A) notwithstanding, any person convicted of an offense related to nuisances, vegetation, zoning or subdivision ordinances, shall be subject only to a fine that, when combined with costs, does not exceed the amount provided in Section 479.353, RSMo., and as the same may be amended. No confinement will be imposed unless the violation endangered the health or welfare of others.
F. When a sentence for violation of any provision of this Code or any
other ordinances 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 costs of prosecution adjudged against
an offender are not paid, the court shall proceed under Supreme Court
Rule 37.65 to determine, if the defendant should be confined, after
the hearing as provided therein.
G. Whenever any person has been found guilty, or has pleaded guilty,
to an offense under this Code, the Judge of the municipal division
may make one (1) or more of the following dispositions of the offender
in any appropriate combination. The court may:
1.
Sentence the offender to any lawful term of imprisonment under
this Section;
2.
Sentence the offender to pay a fine as authorized under this
Section;
3.
Suspend the imposition of sentence, with or without placing
the person on probation;
4.
Pronounce sentence and suspend its execution, placing the offender
on probation;
5.
Impose a period of detention as a condition of probation.
H. This Section shall not be construed to deprive the court of any authority
conferred by law. Any action authorized by this Code or other law
may be taken by the municipal division as necessary.
[R.O. 2009 §100.090; CC 1976 §1-9]
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 Prosecuting Officer may elect under which to proceed;
but not more than one (1) recovery shall be had against the same person
for the same offense.