[R.O. 2009 § 100.060; R.O. 2006
§ 100.170; Ord. No. 2463 § 1, 4-15-2002]
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 or a 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 ninety (90) days, 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.
B.
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.
C.
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.
D.
Minor Traffic Violations. Notwithstanding anything to the contrary herein, no punishment for a minor traffic violation as defined by Section 300.010 of this Code shall:
[Ord. No. 3558 § 2, 11-19-2015; Ord. No. 3629 § 2, 9-22-2016]
1.
Impose a fine, when combined with
the amount of Court costs, that exceeds two hundred twenty-five dollars
($225.00);
3.
Place a person convicted of a minor
traffic violation in confinement for failure to pay a fine unless
such non-payment violates the terms of the person's 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;
4.
Assess Court costs where a defendant has been found to be indigent under Subsection (D)(5) or if a case has been dismissed;
5.
Assess Court costs against a defendant
who the Municipal Court finds to be indigent based on standards set
by the Presiding Judge of the 21st Judicial Circuit Court of the State
of Missouri; or
6.
Issue an additional charge for the
failure to appear on a minor traffic violation.
E.
Municipal Ordinance Violations. Notwithstanding anything to the contrary herein, no punishment for a municipal ordinance violation as defined by Section 479.350, RSMo., and Section 300.010 of this Code shall impose a fine, when combined with the amount of Court costs, that exceeds:
[Ord. No. 3629 § 2, 9-22-2016]
1.
For municipal ordinance violations
committed within a twelve-month period beginning with the first violation:
a.
Two hundred dollars ($200.00) for
the first municipal ordinance violation;
b.
Two hundred seventy-five dollars
($275.00) for the second municipal ordinance violation;
c.
Three hundred fifty dollars ($350.00)
for the third municipal ordinance violation; and
d.
Four hundred fifty dollars ($450.00)
for the fourth and any subsequent municipal ordinance violations.
3.
Place a person convicted of a minor
traffic violation in confinement for failure to pay a fine unless
such non-payment violates the terms of the person's 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;
4.
Assess Court costs where a defendant has been found to be indigent under Subsection (E)(5) or if a case has been dismissed; or
5.
Assess Court costs against a defendant
who the Municipal Court finds to be indigent based on standards set
by the Presiding Judge of the 21st Judicial Circuit Court of the State
of Missouri.
In addition to the penalties established by Section 100.120 of this Article, the City Attorney, as directed by the Board of Aldermen, shall take such other actions, at law or in equity, as may be required to halt, terminate, remove, or otherwise eliminate any violations of this or any other City ordinance, order, or applicable regulation, and the City may apply for and be awarded its attorney's fees upon successful prosecution of any such action.
[R.O. 2009 § 100.120; R.O. 2006
§ 100.105; Ord. No. 1858 § 1, 5-16-1995]
The City is authorized to collect
a fee of twenty-five dollars ($25.00) for each insufficient fund check
issued to the City in addition to the face amount of the check, plus
an amount equal to the actual charge by the depository institution
for the return of each unpaid or dishonored check.
[R.O. 2009 § 100.065; Ord. No. 3521 § 4, 6-25-2015]
The City shall be entitled to enforce
all provisions of this Code through all remedies lawfully available,
and any person who has violated the terms of this Code, or has not
cured a violation thereof, after notice of violation, shall further
be liable to pay the City's costs including reasonable attorneys'
fees, in enforcing such Code provisions, enforceable by judicial action,
if so necessary. Additionally, any user of City services, rights-of-way,
or other City facilities or property, shall, as a condition of such
use or continued use, to the full extent permissible by law, be liable
to pay the City's costs and attorneys' fees incurred in enforcing
any lawful requirement applicable to such use, whether arising in
contract, statute, ordinance, or other enforceable duty as to such
use.
Any person who fails to hold and
maintain a current and valid agreement with the City to use the City's
land or facilities has no right to holdover and shall be subject to
the provisions and City remedies of this Section in addition to all
other remedies and penalties as may otherwise exist in applicable
law. Any claimed holdover right shall be deemed void and terminated
upon expiration of a valid use agreement unless the City has affirmatively
in writing authorized the holdover, or as otherwise may be required
by law. Where an agreement, lease, or other agreement for use of public
land or facilities was never obtained or expires, and in addition
to any penalties or other requirements therefrom and therein, the
person during any period without a valid agreement shall, during any
period of unauthorized use: (1) indemnify the City from any liability
arising from the use; (2) pay any damages and costs of the City from
such use, including attorneys' fees incurred in enforcing this Code;
and (3) make payment of compensation in the amount of two (2) times
the monthly rent of the last expired agreement, if a holdover, and
two (2) times the market rental value reasonably determined by the
City, if no prior agreement, until a valid agreement is executed with
the City or the use is fully removed or ceased, the property restored,
and all obligations to the City satisfied. Unless otherwise provided
in an unexpired agreement, such person shall also be responsible for
interest on all amounts owed and at a rate of one and one-half percent
(1.5%) per month. Nothing in these provisions, remedies, or compensation
requirements, or acceptance or enforcement thereof by the City, shall
be deemed to accept or authorize any use of public property without
a required agreement, or after the expiration of such agreement, or
otherwise in violation of applicable requirements.
