[CC 1979 §1-13; Ord. No. 74-546 §§1 — 2, 7-15-1974; Ord. No. 81-016 §1, 9-2-1981; Ord. No. 06-1713 §1, 11-20-2006; Ord. No. 15-2126 § 1, 10-19-2015; Ord. No. 17-2182 § 1, 4-17-2017]
A.
MINOR TRAFFIC VIOLATION
MUNICIPAL ORDINANCE VIOLATION
For the purposes of this Section, the following terms shall have
the following meanings:
A City traffic ordinance violation that does not involve
an accident or injury, that does not involve the operation of a commercial
motor vehicle, and for which no points are assessed by the Missouri
Department of Revenue or the Missouri Department of Revenue is authorized
to assess no more than four (4) points to a person's driving
record upon conviction. A minor traffic violation shall include amended
charges for any minor traffic violation. Minor traffic violation shall
exclude a violation for exceeding the speed limit by more than nineteen
(19) miles per hour or a violation occurring within a construction
zone or school zone.
A City ordinance violation for which penalties are authorized
by Statute under Sections 64.160, 64.200, 64.295, 64.487, 64.690,
64.895, 67.398, 71.285, 89.120, and 89.490, RSMo. Municipal ordinance
violation shall include amended charges for municipal ordinance violations.
B.
Whenever, in this Code, the doing of any act, or the omission to do any act or perform any duty, is declared to be a breach thereof, or to be unlawful, prohibited or forbidden, or is deemed to be an ordinance violation and there shall be no penalty or fine declared for such breach or violation, any person who shall be convicted thereof shall be fined not more than one thousand dollars ($1,000.00) for each offense or imprisoned for not to exceed three (3) months, or suffer both such fine and imprisonment as may be just; provided, however, that where the City and the State both prescribe the same offense, the penalty for violating the City provision shall be the same as is set by Statute (except that imprisonment may be in the City Jail) but may not exceed the maximums set forth above. In the event, however, a person shall be convicted of the same or similar violation of this Code for a third time, then the fine imposed for such violation shall be not less than five hundred dollars ($500.00) and the imprisonment imposed shall be for not less than five (5) days, and there shall be imposed both such fine and imprisonment as the judge of the Municipal Court shall determine appropriate after considering these minimum standards for fines and imprisonment. Notwithstanding the foregoing, if a person over the age of eighteen (18) years shall be convicted for violation of the provisions of Section 210.340 or Section 210.345 of this Code for a second time, then the fine imposed for such violation shall not be less than three hundred dollars ($300.00) and there shall be imposed such fine as the judge of the Municipal Court shall determine appropriate, after considering this minimum standard for fines. Further notwithstanding anything herein to the contrary, the Court shall not assess a fine, if combined with the amount of Court costs, totaling in excess of two hundred twenty-five dollars ($225.00) for a minor traffic violation or for municipal ordinance violations committed within a twelve-month period beginning with the first violation, two hundred dollars ($200.00) for the first such violation, two hundred seventy-five dollars ($275.00) for the second violation, three hundred dollars ($300.00) for the third (3rd) violation, and four hundred fifty dollars ($450.00) for the fourth (4th) and any subsequent violations. Further, there shall be no jail time assessed for a minor traffic violation.
C.
In addition to any fine and/or imprisonment for violation of this
Code, and when the violation of this Code involves the damage and/or
destruction of private or public property, the person convicted may
be ordered, in addition to the payment of any fine and the serving
of any term of imprisonment, to pay to the owner of such private and/or
public property an amount equal to the cost of repairing and/or replacing
the damaged and/or destroyed property.
D.
Each act of violation and every day upon which a violation occurs
or continues shall constitute a separate offense.
E.
The penalty provided by this Section shall apply to the amendment
of any Section of this Code whether or not such penalty is re-enacted
in the amendatory ordinance.
F.
Reference to any Section of this Code shall be understood also to
refer to and include the penalty Section relating thereto, unless
otherwise expressly provided.
G.
The failure of any officer or employee of the City to perform any
official duty imposed by this Code shall not subject such officer
or employee to the penalty imposed by this Section unless a penalty
is specifically provided.
[CC 1979 §1-14]
A.
In
the case of indigency of the defendant (a person without means to
pay the fine and costs), the imposition of any fine and costs in this
Code may be payable by the defendant to the Court Clerk in monthly
installments beginning thirty (30) days after the imposition of the
fine and costs until the fine and costs are satisfied in full.
B.
Upon
default by the defendant of any such monthly installments, the entire
balance of the fine and costs shall immediately be due and payable
by the defendant.
C.
The
court upon receipt of a report of such default from the Court Clerk
shall set a date and place of hearing with proper notice to the defendant
ordering the defendant to appear and show cause why he/she should
not be imprisoned until the fine and costs are satisfied in full.
Such notice shall be made either by personal service or by registered
mail to the defendant at his/her last-known address, at least five
(5) days prior to the date set for the hearing.
D.
After
hearing thereon, if the evidence warrants, the court may sentence
the defendant to imprisonment in the County Jail or other place of
legal incarceration for a term not to exceed three (3) months for
any one (1) offense until the fine and costs are fully paid.
[CC 1979 §1-15]
A.
Any
person concerned in the commission of an act prohibited by this Code,
whether he/she directly commits the act or prosecutes, counsels, aids
or abets in its commission, may be prosecuted and on conviction is
punishable as if he/she had directly committed such act.
B.
Any person who shall attempt to commit an offense prohibited by the provisions of this Code, and in such attempt shall do any act toward the commission of such offense, but shall fail in perpetration thereof, or shall be prevented or intercepted in executing the same, upon conviction thereof, shall be subject to the penalty provided in Section 100.100 of this Code.
[CC 1979 §1-16]
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.
Any person who is convicted or pleads guilty to a speeding violation
or passing/overtaking a vehicle in a work/construction zone when there
was any person present performing duties in the work/construction
zone and appropriate signs were posted stating "Warning: $250 fine
for speeding or passing in this work zone" shall be assessed a fine
of two hundred fifty dollars ($250.00) in addition to any other fine
assessed; except that any person assessed the two hundred fifty dollar
($250.00) fine shall not also be assessed the thirty-five dollar ($35.00)
fine for any of the following offenses in a construction or work zone:
any moving violation or violation of speeding, leaving the scene,
careless and imprudent driving, operating without a valid license,
operating with a suspended or revoked license, obtaining a license
by misrepresentation, driving while intoxicated, under the influence
or BAC, any felony offense involving the use of a vehicle, or failure
to maintain financial responsibility.
