[R.O. 1993 § 100.080; Ord. No.
219 §§ 1 — 2, 10-25-1971; Ord. No. 722 § 1, 10-15-2001]
A.
General Penalty.
[Ord. No. 954 § 1, 11-21-2016]
1.
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,
misdemeanor or ordinance violation or the doing of any act is required
or the failure to do any act is declared to be unlawful or an offense,
misdemeanor or ordinance violation, 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
one thousand dollars ($1,000.00) or by imprisonment in the City or
County Jail not exceeding ninety (90) days, or by both such fine and
imprisonment.
2.
Exceptions to Subsection (A)(1):
a.
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.
b.
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, endangering the health or welfare
of others, or for eluding or giving false information to a Law Enforcement
Officer.
c.
The punishment of a "minor traffic violation" as defined by
Section 479.350, RSMo., shall be subject to the following provisions:
d.
The punishment of a municipal ordinance violation for which
penalties are authorized by Section 67.398, RSMo. (nuisances), Section
71.285, RSMo. (high grass and weeds and litter and debris nuisances),
or Sections 89.120 and 89.490, RSMo. (zoning violations), shall be
subject to the following provisions:
(1)
The maximum fine and court costs that can be imposed
for such violation shall be:
(a)
For the first violation within any twelve-month
period of time: two hundred dollars ($200.00).
(b)
For the second violation within any twelve-month
period of time: two hundred seventy five dollars ($275.00).
(c)
For the third violation within any twelve-month
period of time: three hundred fifty dollars ($350.00).
(d)
For the fourth and any subsequent violation within
any twelve-month period of time: four hundred fifty dollars ($450.00).
(2)
Court costs shall be assessed against such person
unless the court finds that the defendant is indigent.
e.
A person shall not be placed in conferment for failure to pay
a fine unless such nonpayment 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.
3.
Except where otherwise provided, each and every day any violation
of this Code or any ordinance of the City or any rule, regulation,
order or notice promulgated by any officer or agency of the City under
authority duly vested in him/her shall constitute a separate offense.
4.
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.
B.
Equitable Relief. In addition to any other remedies or penalties
established for violations of any ordinance or Code Section or any
rule, regulation, notice, condition, term or order promulgated by
any officer or agency of the City under duly vested authority, the
City Official responsible for the enforcement of such ordinance, Code
Section, rule, regulation, notice, condition, term or order may, on
behalf of the City and after approval by the Board of Aldermen, apply
to a court of competent jurisdiction for such legal or equitable relief
as may be necessary to enforce compliance with such ordinance, Code
Section, rule, regulation, notice, condition, term or order. In such
action the court may grant such legal or equitable relief, including,
but not limited to, mandatory or prohibitory injunctive relief, as
the facts may warrant. Upon the successful prosecution of any such
action, the City may be awarded by the court reasonable attorney fees
as allowed by law.
C.
Restrictions On Delinquent Applicants.
1.
APPLICANT
RELATED PERSON OR ENTITY
1.
2.
3.
RELEVANT LAW
1.
2.
3.
For the purposes of this Section,
the following terms shall have the following meanings:
An individual or a corporation, firm, partnership, joint
venture, association, organization or entity of any kind, including
any shareholder, owner, officer, partner, joint venturer or member
of such entity or any other person holding an ownership interest in
such entity, requesting any City permit, license, franchise or other
approval.
A firm, partnership, joint venture, association, organization
or entity of any kind in which the applicant holds any stock, title
or other ownership interest of at least twenty percent (20%);
A firm, partnership, joint venture, association, organization
or entity of any kind which holds any stock, title or other ownership
interest in the applicant of at least twenty percent (20%); or
An individual, firm, partnership, joint venture, association,
organization or entity of any kind whose affairs the applicant has
the legal or practical ability to direct, either directly or indirectly,
whether by contractual agreement, majority ownership interest, any
lessor ownership interest, familial relationship or in any other manner.
Any Statute or regulation of the United States or the State
of Missouri;
Any ordinance or Code Section of the City or any rule, regulation,
notice, condition, term or order promulgated by any officer or agency
of the City under duly vested authority of the City; or
Any final judgment or order of any court of competent jurisdiction,
when a Statute, ordinance, Code Section, rule, regulation, notice,
condition, term, order or judgment at issue regulates conduct or conditions
germane to the issuance of the requested permit, license, franchise
or other approval as provided by the applicable ordinance or Code
Section of the City.
2.
In enforcing or administering the ordinances of the City, no
permit, license, franchise or approval of any kind shall be granted
to any applicant:
a.
Who is charged with, or in violation of, any relevant law; or
b.
Who is related to or associated with a related person or entity
who is charged with, or in violation of, any relevant law, until such
time as the applicant or the related person or entity resolves the
pending charge or comes into compliance with the relevant law.
3.
The reviewing or enforcement
officer may consider past violations of relevant law by an applicant
or a related person or entity in considering whether to issue a permit,
license, franchise or approval requested by an applicant.
4.
The reviewing or enforcement officer may refuse to accept the
refiling of a denied application for one (1) year from the date of
the denial unless the officer finds that the application has been
substantially revised, or that substantial new facts or change in
circumstances warrant reapplication.
5.
Any aggrieved applicant may appeal the decision of the reviewing
or enforcement officer to the Board of Aldermen within five (5) business
days of said decision. The Board may reverse or modify the decision
of the reviewing or enforcement officer, provided the applicant:
a.
Establishes a good faith effort to effect compliance with this
Section and any relevant law, or if applicable, an inability to do
so because of the ownership structure of any pertinent related entity;
or
b.
Establishes that the applicant has not been charged with, or
is not in violation of, any relevant law.
