A.
Whenever in this Code or any other ordinance
of the City, or in any rule, regulation, notice 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 or misdemeanor 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, 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 five hundred
dollars ($500.00) or a jail sentence not exceeding ninety (90) days
or by both such fine and jail sentence; 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.
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 shall:
1.
Impose a fine, when combined with
the amount of Court costs, that exceeds two hundred twenty-five dollars
($225.00);
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;
5.
Assess Court costs against a defendant
who the Circuit Court finds to be indigent based on standards set
by the Presiding Judge of the 20th Judicial Circuit Court of the State
of Missouri; or
[Ord. No. 885, 4-11-2019]
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 City of Gerald shall impose a fine, when combined with the amount of Court costs that exceeds:
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.
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 Circuit Court finds to be indigent based on standards set
by the Presiding Judge of the 20th Judicial Circuit Court of the State
of Missouri.
[Ord. No. 885, 4-11-2019]
[1]
Editor's Note: Section 1 of this ordinance
provides that the whereas clause, which states that the City is authorized
to recover costs arising from violators of laws, is specifically incorporated
by reference. The full text of said whereas clause is on file in the
City offices.