[Ord. No. 1169-16 § 1, 8-8-2016]
A.
Except as provided herein for minor traffic
violations or municipal ordinance violations as defined below, whenever
according to the Code of the City of Gallatin, MO, or according to
any ordinance of the City an act is prohibited or required or the
doing of an act or the failure to do an act is made or declared to
be unlawful, or in any rule, regulations, notice or order promulgated
by any officer or agency of the City under authority duly vested in
him/her or it for which there is no specific penalty provided in the
Code of the City of Gallatin, MO, or ordinances for such act or failure
to act, the violation of such provision shall be punished by a fine
not to exceed 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.
1.
Minor Traffic Violations. The punishment
of a "minor traffic violation," as defined below, shall be subject
to the following limitations:
a.
The maximum fine combined with the
amount of court costs that can be imposed for the violation of any
minor traffic violation shall be two hundred twenty-five dollars ($225.00).
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 that apply shall be assessed
against such person 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 Missouri Supreme Court.
e.
No court costs shall be assessed if the defendant is found to be indigent under Subsection (A)(1)(d) above or the case is dismissed.
f.
For purposes of this provision, the
term "minor traffic violation" means a municipal or county 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.
2.
Municipal Ordinance Violations.
a.
The punishment of a "municipal ordinance
violation," as defined below, shall be subject to the following limitations:
(1)
The maximum fine combined
with the amount of court costs that can be imposed for the violation
of any municipal ordinance violation, as defined below, shall be 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 municipal ordinance violation.
(3)
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.
(4)
Court costs that apply
shall be assessed against such person 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 Missouri Supreme
Court.
(5)
No court costs shall be assessed if the defendant is found to be indigent under Subsection (A)(2)(a)(4) or the case is dismissed.
b.
For purposes of this provision, the
term "municipal ordinance violation" means 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.
B.
Every Day A Violation. 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.
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.
[R.O. 2003 § 100.210; CC 1997 § 13.040]
A.
The City hereby authorizes the Municipal
Court, or other court having jurisdiction, to cause all persons who
have been convicted and sentenced for violation of an ordinance of
such City, whether the punishment be by fine or imprisonment, or by
both, to be put to work and perform labor on the public streets, highways
or alleys and other public works or buildings of such City, Town or
Village for such purposes as such City, Town or Village may deem necessary.
1.
The Chief of Police, Street Commissioner
or other proper officer of such City shall have the power and be authorized
and required to have or cause all such prisoners as may be directed
by the Court or other such chief officer of such City to work out
the full number of days for which they may have been sentenced at
working upon such public streets, highways or alleys or other public
works or buildings of such City as may have been designated.
2.
If the punishment is by fine and
the fine be not paid, then for every twenty dollars ($20.00) of such
judgment the prisoner shall not work more than one (1) day. It shall
be deemed a part of the judgment and sentence of the court that such
prisoner may be worked as herein provided.
