[CC 1974 §§13.010 — 13.030; Ord. No. 4796 §1, 9-8-2015; Ord. No. 4831 § 2, 11-7-2016; Ord. No. 4874, 12-4-2017]
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 any 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 by imprisonment in the City or County Jail not exceeding ninety (90) days, or by both such fine and imprisonment; 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, except that imprisonments may be in the City Jail instead of the County Jail.
1.
The Court shall not assess a fine, if combined with the amount of court costs, totaling in excess of two hundred twenty-five dollars ($225.00) for a minor traffic offense.
2.
Minor traffic violation is a violation that does not involve an accident or injury, that does not involve the operation of a commercial motor vehicle, and for which the Department of Revenue is authorized to assess no more than four (4) points to a person' s driving record upon conviction. A minor traffic violation shall exclude a violation for exceeding the speed limit by more than nineteen (19) miles per hour or a violation occurring within a construction zone or school zone.
3.
Notwithstanding any other provision of this Code to the contrary, for a property violation, the Court shall not assess a fine, if combined with the amount of court costs, totaling in excess of:
a.
Two hundred dollars ($200.00), if the Defendant has committed no property violations within twelve (12) months prior to the violation for which the Defendant is to be sentenced;
b.
Two hundred seventy-five dollars ($275.00), if the Defendant has committed one (1) property violation within twelve (12) months prior to the violation for which the Defendant is to be sentenced;
c.
Three hundred fifty dollars ($350.00), if the Defendant has committed two (2) property violations within twelve (12) months prior to the violation for which the Defendant is to be sentenced; or
d.
Four hundred fifty dollars ($450.00) if the Defendant has committed three (3) or more property violations within twelve (12) months prior to the violation for which the Defendant is to be sentenced.
4.
The Court shall not sentence a person to confinement, except the Court may sentence a person to confinement for any violation involving alcohol or controlled substances, violations endangering the health or welfare of others, or eluding or giving false information to a law enforcement officer.
5.
A person shall not be placed in confinement for failure to pay a fine unless such non-payment violates terms of 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.
6.
Court costs that apply shall be assessed against the Defendant unless the Court finds that the Defendant is indigent based on standards set forth in determining such by the presiding judge of the circuit. Such standards shall reflect model rules and requirements to be developed by the Supreme Court.
B.
Notwithstanding any other provision of this Code to the contrary, a prosecution for a property violation shall not be commenced in the Dexter Municipal Division unless and until:
1.
The Defendant has been served, by personal service, first-class mail to the Defendant's last known address, or any other means authorized by law, with a written notice specifically describing each violation, and identifying what actions(s) must be taken to remedy such violations(s);
2.
The notice described in Subsection (B)(1), above, provided a reasonable time, not less than ten (10) days, in which to abate such violation(s). The notice may provide less than ten (10) days to abate the violation(s) if there is an immediate, specifically identified risk to the public health or safety; and
3.
The Defendant has failed to abate the violation(s) within the time period specified in the notice.
C.
Every Day A Violation. Every day any violation of this Code or any other ordinance or any such rule, regulation, notice or order shall constitute a separate offense.
D.
Responsibility. 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.