[Ord. No. 145 §§1 —
3, 3-17-1997]
A. Whenever
in the ordinances 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 or misdemeanor or the doing of any act
is required or the failure to do any act is declared to be unlawful
or an offense or a misdemeanor, and no specific penalty is provided
for the violation thereof, upon conviction of a violation of any such
provision of any such ordinance, rule, regulation, notice or order,
the violator shall be punished by a fine not exceeding five hundred
dollars ($500.00) or by imprisonment 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.
B. Every
day any violation of any ordinance, rule, regulation, notice or order
shall continue shall constitute a separate offense.
C. Whenever
any act is prohibited by any City ordinance, rule, regulation, notice
or order, or by an amendment thereof, 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 any City
ordinance, rule, regulation, notice or order, an attempt to do the
act is likewise prohibited.
D. Minor Traffic Violations. Notwithstanding anything to the contrary herein, no punishment for a minor traffic violation as defined by Section
300.020 of this Municipal Code of the City of Green Park shall:
[Ord. No. 706 § 2, 9-21-2015; Ord. No. 725 § 2, 8-15-2016]
1.
Impose a fine, when combined with the amount of court costs,
that exceeds two hundred twenty-five dollars ($225.00):
2.
Be punishable by imprisonment, unless the violation: (i) involved
alcohol or controlled substances, (ii) endangered the health or welfare
of others, or (iii) involved eluding or giving false information to
a law enforcement officer.
3.
Place a person convicted of a minor traffic violation 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.
Assess Court Costs where a defendant has been found to be indigent under Subsection
(5) or if a case has been dismissed;
5.
Assess Court Costs against a defendant who the Municipal Court
finds to be indigent based on standards set by the Presiding Judge
of the 21st Judicial Circuit Court of the State of Missouri; or
6.
Issue an additional charge for the failure to appear on a minor
traffic violation.
E. Municipal Ordinance Violations. Notwithstanding anything to the contrary herein, no punishment for a municipal ordinance violation as defined by Section 479.350, RSMo., and Section
300.020 of this Municipal Code of the City of Green Park shall impose a fine, when combined with the amount of court costs that exceeds:
[Ord. No. 725 § 2, 8-15-2016]
1.
For municipal ordinance violations committed within a twelve
(12) month period beginning with the first violation:
a.
Two hundred dollars ($200.00) for the first municipal ordinance
violation,
b.
Two hundred seventy-five dollars ($275.00) for the second municipal
ordinance violation,
c.
Three hundred fifty dollars ($350.00) for the third municipal
ordinance violation, and
d.
Four hundred fifty dollars ($450.00) for the fourth (4th) and
any subsequent municipal ordinance violations;
2.
Be punishable by imprisonment, unless the violation involved:
a.
Alcohol or controlled substances,
b.
Endangered the health and welfare of others, or
c.
Involved eluding or giving false information to a Law Enforcement
Officer.
3.
Place a person convicted of a minor traffic violation 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.
Assess Court Costs where a defendant has been found to be indigent under Subsection
(5) or if a case has been dismissed; or
5.
Assess Court Costs against a defendant who the Municipal Court
finds to be indigent based on standards set by the Presiding Judge
of the 21st Judicial Circuit Court of the State of Missouri.
[Ord. No. 145 §4, 3-17-1997]
In addition to the penalties established by Section
100.140 of this Article, the City Attorney, as directed by the Board of Aldermen, shall take such other actions, at law or in equity, as may be required to halt, terminate, remove or otherwise eliminate any violations of this or any other City ordinance, order or applicable regulation, and the City may apply for and be awarded its attorney's fees upon successful prosecution of any such action.
[Ord. No. 699 § 3, 5-18-2015]
The City shall be entitled to enforce any provision of this
Code through all remedies lawfully available, and users of City services,
rights-of-way or other property as a condition of such use, and additionally
all other persons violating any provision herein, shall, to the full
extent permissible by law, pay the City's costs of enforcement,
including reasonable attorneys' fees, in the event the person
is judicially determined to have violated the terms of this Code or
any requirement, provision or agreement enacted or hereunder.