[CC 1988 §1-8; Ord. No. 2485 §2, 11-19-1973; Ord. No. 3399 §1, 2-23-2000; Ord. No. 4085 § 1, 11-21-2016]
A. Except as hereinafter provided, whenever in this Code or in any other
ordinance of the City or in any rule, regulation or order promulgated
pursuant to such Code or other ordinance of the City any act is prohibited
or is made or declared to be unlawful or an offense or a misdemeanor,
or whenever in such Code or in such other City ordinance, rule, regulation
or order the doing of any act is required or the failure to do any
act is declared to be unlawful, where no specific penalty is provided
therefor, the violation of any such provision of this Code or of any
other ordinance of the City or of any rule, regulation or order promulgated
pursuant to such Code or other City ordinance shall be punished by
a fine not exceeding five hundred dollars ($500.00) or by imprisonment
for a period not exceeding three (3) months, or by both such fine
and imprisonment and the costs of suit, together with judgment for
imprisonment, until the fine and costs are paid or satisfied.
B. Whenever any provision of the Revised Statutes of Missouri or other
Statute of the State limits the authority of the City to punish the
violation of any particular provision of this Code or other City ordinance
or rule, regulation or order promulgated pursuant thereto to a fine
of less amount than that provided in this Section or imprisonment
for a shorter term than that provided in this Section, then the violation
of such particular provision of this Code or other City ordinance,
rule, regulation or order shall be punished by the imposition of not
more than the maximum fine or imprisonment so authorized, or by both
such fine and imprisonment.
C. Each day any violation of this Code or any other City ordinance or
rule, regulation or order promulgated pursuant thereto shall continue
shall constitute a separate offense, unless otherwise provided.
D. 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.
E. Guilt for an offense may be based upon an attempt to commit an offense
if, with the purpose of committing the offense, a person performs
any act which is a substantial step towards the commission of the
offense. A "substantial step" is conduct which is strongly corroborative
of the firmness of the actor's purpose to complete the commission
of the offense. It is no defense to a prosecution that the offense
attempted was, under the actual attendant circumstances, factually
or legally impossible of commission, if such offense could have been
committed had the attendant circumstances been as the actor believed
them to be.
F.
1.
Guilt for an offense may be based upon a conspiracy to commit
an offense when a person, with the purpose of promoting or facilitating
the commission of an offense, agrees with another person or persons
that they or one (1) or more of them will engage in conduct which
constitutes such offense. It is no defense to a prosecution for conspiring
to commit an offense that a person, who knows that a person with whom
he or she conspires to commit an offense has conspired with another
person or persons to commit the same offense, does not know the identity
of such other person or persons.
2.
If a person conspires to commit a number of offenses, he or
she can be found guilty of only one (1) offense so long as such multiple
offenses are the object of the same agreement. No person may be convicted
of an offense based upon a conspiracy to commit an offense unless
an overt act in pursuance of such conspiracy is alleged and proved
to have been done by him or her or by a person with whom he or she
conspired. No person shall be convicted of an offense based upon a
conspiracy to commit an offense if, after conspiring to commit the
offense, he or she prevented the accomplishment of the objectives
of the conspiracy under circumstances manifesting a renunciation of
his or her criminal purpose. The defendant shall have the burden of
injecting the issue of renunciation of criminal purpose under Subdivision
(1) of this Subsection.
3.
A person shall not be charged, convicted or sentenced on the
basis of the same course of conduct of both the actual commission
of an offense and a conspiracy to commit that offense.