A.
For any purpose or purposes mentioned in
this Chapter, the Council may enact and make all necessary ordinances,
rules and regulations; and it may enact and make all such ordinances
and rules, not inconsistent with the laws of the State, as may be
expedient for maintaining the peace and good government and welfare
of the City and its trade and commerce; and all ordinances may be
enforced by prescribing and inflicting upon its inhabitants, or other
persons violating the same, such fine not exceeding five hundred dollars
($500.00), and such imprisonment not exceeding three (3) months, or
both such fine and imprisonment, as may be just for any offense, recoverable
with costs of suit, together with judgment of imprisonment, until
the fine and costs are paid or satisfied; and any person committed
for the non-payment of fine and costs, or either, may be compelled
to work out the same as herein provided; but, in any case wherein
the penalty for an offense is fixed by any Statute, the Council shall
affix the same penalty by ordinance for the punishment of such offense,
except that imprisonments, when made under City ordinances, may be
in the City prison or workhouse instead of the County jail.
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 And Municipal Ordinance Violations. Notwithstanding any provisions to the contrary, the following conditions shall apply to minor traffic violations, as defined by Section 300.010 of the St. James Municipal Code, and municipal ordinance violations:
[Ord. No. 1071 § 2, 9-14-2015]
1.
The court shall not assess a fine,
if combined with the amount of court costs, totaling in excess of:
a.
Two hundred twenty-five dollars ($225.00) for minor traffic violations;
and
b.
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;
2.
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;
3.
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;
4.
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; and
[Ord. No. 1135, 11-13-2018]
The City shall be entitled to enforce any provision of the St.
James, Missouri, City Code through all remedies lawfully available,
and any person determined to have violated the terms of the St. James,
Missouri, City Code shall further be liable to pay the City's cost
and attorneys' fees in enforcing such St. James, Missouri, City Code
provisions. Additionally, any user of City services, rights-of-way
or other City facilities or property, shall as a condition of such
use or continued use, to the full extent permissible by law, be liable
to pay the City's costs and attorneys' fees incurred in enforcing
any lawful requirement applicable to such use, when the user has violated
such requirement, whether arising in contract, statute, ordinance,
or otherwise.
