[CC 1974 §1-8; Ord. No. 1583 §§I — III, 6-26-1996; Ord. No. 2398 §I, 9-13-2016]
A. Prohibited Acts Declared To Be An Ordinance Violation. Whenever
in this Code or in any ordinance or resolution of the City any act
is prohibited or is made or declared to be unlawful or an offense,
or whenever in such Code, ordinance or resolution the doing of any
act is required or the failure to do any act is declared to be unlawful,
where no specific penalty is provided therefor, the violation of any
such provision of this Code or any ordinance or resolution shall constitute
an ordinance violation and shall be punished as provided in this Subsection.
Each day any violation of any provision of this Code or of any such
ordinance or resolution shall continue shall constitute a separate
offense.
B. Nuisances, Abatement — Continuing Violations.
1. In addition to the penalty hereinafter provided, any condition caused
or permitted to exist in violation of any of the provisions of this
Code or any such ordinance or resolution shall be deemed a public
nuisance and may be, by the City, abated as provided by law, and each
day that such condition continues shall be regarded as a new and separate
offense.
2. In addition to any of the above-referenced dispositions, the court
shall have full and complete authority to impose such terms of conditional
lease, probation or parole as the court may deem appropriate including,
but not limited to, restitution to victims of crime, costs of incarceration,
medical expenses, and all other like or similar expenses as fully
as is authorized in courts of this State.
C. For
any purpose or purposes mentioned in this Chapter, the Council may
enact and make all necessary ordinances, rules and regulations; and
they 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, except as hereinafter provided, 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.
D. Minor Traffic Violations.
1. “Minor traffic violations” are defined in Section 479.350,
RSMo., and include traffic ordinance violations that do not involve
an accident or injury, that do not involve the operation of a commercial
vehicle, and for which no points are assessed by the Missouri 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 violations include amended charges for any minor traffic
violation. The definition of minor traffic violations does not include
violations for exceeding the speed limit by more than nineteen (19)
miles per hour or a violation occurring with a construction zone or
a school zone.
2. Fines. A person convicted of or who pled guilty
to a minor traffic violation shall not be assessed a fine, if combined
with the amount of court cost, totaling in excess of two hundred twenty-five
dollars ($225.00) for minor traffic violations.
E. Municipal Ordinance Violations.
1. “Municipal ordinance violations” are defined in Section 479.350, RSMo., and include violations of Chapter
220, Nuisances, Chapter
405, Zoning Regulations, and Chapter
500, Buildings and Building Regulations, including but not limited to the penalties authorized by Section
220.030(D)(7), Section 405.700(B), and Section
500.025 of this Code.
2. Fines. A person, general agent, occupant, lessee,
or any other entity convicted of or that pled guilty to a municipal
ordinance violation shall not be assessed a fine, if combined with
court cost, for violations committed within a twelve-month period
beginning with the first violation totaling in excess of: 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 violations.
[CC 1974 §1-9]
In all cases where the same offense may be made punishable or
shall be created by different clauses or Sections of the ordinances
of the City, the prosecuting officer may elect under which to proceed;
but not more than one (1) recovery shall be had against the same person
for the same offense.