[Ord. No. 22-1222 § III, 3-8-2022]
Whenever in this Code or in any ordinance
of the City or in any rule, regulation, notice, condition, term or
order promulgated by any officer or agency of the City under authority
duly vested in him/her or it, any act is prohibited or is declared
to be unlawful or an offense, 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, where no specific penalty
is provided therefor, the violation of any such provision of this
Code or any such ordinance, rule, regulation, order or notice shall
be punished by a fine not exceeding one thousand dollars ($1,000.00)
or by imprisonment not to exceed ninety (90) days, or by both such
fine and imprisonment, but in any case wherein a lesser penalty for
an offense is fixed by any Statute, the statutory limit shall apply.
[Ord. No. 22-1222 § III, 3-8-2022]
Except where otherwise provided,
each and every day any such chargeable violation exists, each such
day shall constitute a separate offense.
[Ord. No. 22-1222 § III, 3-8-2022]
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.
[Ord. No. 22-1222 § III, 3-8-2022]
In case of the amendment by the Board of Aldermen of any Section of such Code for which a penalty is not provided, the general penalty as provided in Section
100.210 shall apply to the Section as amended. If an amendment contains provisions for which a penalty, other than the aforementioned general penalty, is provided in another Section in the same Chapter, the penalty so provided in such other Section shall be held to relate to the Section so amended.
[Ord. No. 22-1222 § III, 3-8-2022]
The punishment of a "minor traffic violation" and a "municipal ordinance violation," as defined by Section
100.070 of this Chapter, shall be subject to the following:
A. The
maximum fine and court costs that can be imposed for the violation
of:
1. Any minor traffic violation shall be two hundred twenty-five dollars
($225.00); and
2. For any municipal ordinance violation(s) committed within a twelve-month
period beginning with the first violation, two hundred dollars ($200.00)
for the first violation, two hundred seventy-five dollars ($275.00)
for the second violation, three hundred fifty dollars ($350.00) for
the third violation, and four hundred fifty dollars ($450.00) for
the fourth and any subsequent violation.
B. Minor
traffic violations and municipal ordinance violations shall not be
punishable by imprisonment, unless the violation:
1. Involved alcohol or controlled substances;
2. Endangered the health or welfare of others; or
3. Involved eluding or giving false information to a law enforcement
officer.
C. A person
convicted of a minor traffic violation, or a municipal ordinance violation,
shall not be placed in confinement for failure to pay a fine unless
such nonpayment violates the terms of the person's probation or unless
the due process procedures mandated by the Missouri Supreme Court
Rule 37.65 or its successor are strictly followed by the court.
D. Court
costs shall be assessed against such person unless the court finds
that the defendant is indigent, or the case is dismissed.
[Ord. No. 22-1222 § III, 3-8-2022]
In addition to any other remedies or penalties established for
violations of any ordinance or Code Section or any rule, regulation,
notice, condition, term or order promulgated by any officer or agency
of the City under duly vested authority, the City Official responsible
for the enforcement of such ordinance, Code Section, rule, regulation,
notice, condition, term or order may, on behalf of the City and after
approval by the Board of Aldermen, apply to a court of competent jurisdiction
for such legal or equitable relief as may be necessary to enforce
compliance with such ordinance, Code Section, rule, regulation, notice,
condition, term or order. In such action the court may grant such
legal or equitable relief, including, but not limited to, mandatory
or prohibitory injunctive relief, as the facts may warrant. Upon the
successful prosecution of any such action, the City may be awarded
by the court reasonable attorney fees as allowed by law.