A. 
Whenever in this Code or any other ordinance of the Village, or in any rule, regulation, notice or order promulgated by any officer or agency of the Village under authority duly vested in him/her or it, any act is prohibited or is declared to be unlawful or an offense or 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 one thousand dollars ($1,000.00) or by imprisonment in the Village or County Jail not exceeding three (3) months, 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, except that imprisonments may be in the Village prison or workhouse instead of the County Jail.
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 Municipal Code of the Village of Marlborough shall:
[Ord. No. 15-547 § 2, 9-14-2015; Ord. No. 16-559 § 2, 9-12-2016]
1. 
Impose a fine, when combined with the amount of court costs, that exceeds two hundred twenty-five dollars ($225.00);
2. 
Be punishable by imprisonment, unless the violation:
a. 
Involved alcohol or controlled substances;
b. 
Endangered the health and welfare of others; or
c. 
Involved eluding or giving false information to a Law Enforcement Officer;
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; 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; 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 Municipal Code of the Village of Marlborough shall impose a fine, when combined with the amount of court costs that exceeds:
[Ord. No. 16-559 § 2, 9-12-2016]
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;
2. 
Be punishable by imprisonment, unless the violation:
a. 
Involved alcohol or controlled substances;
b. 
Endangered the health and welfare of others; or
c. 
Involved eluding or giving false information to a Law Enforcement Officer.
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.
[Ord. No. 16-554 § 3, 10-12-2015]
The Village shall be entitled to enforce any provision of this Code through all remedies lawfully available, and any user of Village services, rights-of-way or other property as a condition of such use, and additionally all other persons violating any provision herein, shall, to the full extent permissible by law, pay the Village's costs of enforcement, including reasonable attorneys' fees, in the event the person is judicially determined to have violated the terms of this Code or any requirement, provision or agreement enacted hereunder.
[1]
Editor's Note — Former Section 100.230, Work/Construction Zone — Fine, was removed from the text herein. As a result of 2006 amendments to Sections 304.580 to 304.585, RSMo., the language of these sections has become so encumbered that we believe them better dealt with at a State level.