A.
Whenever in this Code or any existing or future ordinance of the
Town any act is prohibited or is declared to be unlawful and no specific
penalty is provided for the violation thereof, upon conviction of
such violation, the violator shall be punished by a fine not exceeding
five hundred dollars ($500.00) or by imprisonment in the Town 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
Town Jail instead of the County Jail, except that minor traffic violations
and municipal ordinance violations as defined below shall be punished
as follows:
1.
Minor Traffic Violations. A "minor traffic violation" [defined as
a municipal traffic ordinance violation prosecuted that does not involve
an accident or injury, that does not involve the operation of a commercial
motor vehicle, and for which no points are assessed by the Department
of Revenue or the Department of Revenue is authorized to assess one
(1) to four (4) points to a person's driving record upon conviction.
"Minor traffic violation" shall include amended charges for any minor
traffic violation. "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.] shall be subject to punishment follows:
a.
The maximum fine and court costs that can be imposed for the violation
of any minor traffic violation shall be two hundred dollars ($200.00).
c.
A person convicted of a minor traffic violation shall not be placed
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.
d.
Court costs shall be assessed against such person unless the court
finds that the defendant is indigent.
e.
No court costs shall be assessed if the case is dismissed.
2.
Municipal Ordinance Violations. A "municipal ordinance violation"
(defined as a municipal ordinance violation prosecuted for which penalties
are authorized by Statute under Sections 64.160, 64.200, 64.295, 64.487,
64.690, 64.895, 67.398, 71.285, 89.120, and 89.490, RSMo. "Municipal
ordinance violation" shall include amended charges for municipal ordinance
violations.) shall be subject to punishment as follows:
a.
The maximum fine and court costs that can be imposed for the violation
of any municipal ordinance violation shall be for municipal ordinance
violations committed within a twelve-month period beginning with the
first violation: two hundred dollars ($200.00) for the first municipal
ordinance violation, two hundred seventy- five dollars ($275.00) for
the second municipal ordinance violation, three hundred fifty dollars
($350.00) for the third municipal ordinance violation, and four hundred
fifty dollars ($450.00) for the fourth and any subsequent municipal
ordinance violations.
c.
A person convicted of a municipal ordinance violation shall not be
placed 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.
d.
Court costs shall be assessed against such person unless the court
finds that the defendant is indigent.
e.
No court costs shall be assessed if the case is dismissed.
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.
