[CC 1984 §1-15; Rev. M.C. 1963 §1.05; as amended by Ord. No. 3057 §1, 9-18-1972; Ord. No. 3140 §1-15; Ord. No. 4610 1, 11-20-1995]
Unless another penalty for an offense is fixed by statute or is expressly provided by this Code by any particular Subsection, Section, Article or Chapter, any person violating any provision of this Code, or any rule or regulation adopted or issued in pursuance thereof, shall, upon conviction, be subject to a fine of not more than one thousand dollars ($1,000.00), or to imprisonment for not more than three (3) months or both, and may be adjudged to pay the costs of prosecution. In any case wherein the penalty for an offense is fixed by statute or is specifically set forth in the ordinance creating the offense, the penalty shall be the same as fixed in such statute or ordinance.
[Ord. No. 5308 §1, 11-2-2015]
Each act of violation and every day upon which a violation occurs or continues shall constitute a separate offense.
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.
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.
[CC 1984 §1-16; Ord. No. 3140 §1-16]
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 shall 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.
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.
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 certified mail to the defendant at the defendant's last known address at least five (5) days prior to the date set for the hearing.
After hearing thereof, the court shall determine whether alternative means such as extending the time for the defendant to make payment, reducing the amount of the fine, or directing the defendant to perform labor or public service in lieu of a fine are inadequate to meet the City's interest in punishment and deterrence. If the court determines that an alternative means of enforcement is adequate, then the court shall order such alternative. If the court determines that alternative means are inadequate, then the court shall 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.
Such defendant shall be allowed a credit of ten dollars ($10.00) for each day's work within such place of incarceration on account of such fine pursuant to the provisions of Section 71.220, RSMo.
State Law Reference — Hendrix v. Lack, 482 S.W.2d 427 (MO 1972); RSMo. §71.220.
[CC 1984 §1-17; Ord. No. 4347 §1, 7-2-1990]
All notices shall be served as follows, unless specifically noted elsewhere in the Municipal Code:
- The notice shall be in writing describing the violation and, if applicable, specifying a time limit for its abatement. The written notice of violation shall be served upon the owner, a duly authorized agent, or upon the occupant or other person responsible for the conditions under violation. Such notice of violation shall be served either by delivering a copy of same to such person or persons by ordinary mail to the last known post office address, by delivering a copy of same in person, or by delivering it to and leaving it in the possession of any person above the age of fourteen (14) years in charge of the premises or, in case such person is not found upon the premises, by affixing a copy thereof in a conspicuous place at the entrance door or avenue of access; and such procedure shall be deemed the equivalent of personal notice.