[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]
A.
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 except that no person convicted of violation of Section 215.762 shall be imprisoned or be fined more than one hundred dollars ($100.00) when such person was found to possess, control or have in their custody less than thirty-five (35) grams of marijuana.
[Ord. No. 5308 §1, 11-2-2015; Ord.
No. 5463, 6-7-2021]
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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.
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B.
Each
act of violation and every day upon which a violation occurs or continues
shall constitute a separate offense.
C.
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.
D.
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]
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 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.
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 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.
D.
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.
E.
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.
[1]
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.
