[R.O. 1993 § 100.110; CC 1988 § 1-13]
A.
Except as hereinafter provided, whenever in this Code or in any other
ordinance of the City or in any rule, regulation or order promulgated
pursuant to such Code or other ordinance of the City any act is prohibited
or is made or declared to be unlawful or an offense or a misdemeanor,
or whenever in such Code or in such other City ordinance, rule, regulation
or order 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 of any
other ordinance of the City or of any rule, regulation or order promulgated
pursuant to such Code or other City ordinance shall be punished by
a fine not exceeding five hundred dollars ($500.00), or by imprisonment
for a period of not exceeding three (3) months, or by both such fine
and imprisonment; together with judgment of imprisonment, until the
fine and costs are paid or satisfied. Any person committed for the
non-payment of fine and costs, or either, may be compelled to work
out the same as herein provided.
B.
Whenever any provision of the Revised Statutes of Missouri or other
Statute of the State limits the authority of the City to punish the
violation of any particular provision of this Code or other City ordinance
or rule, regulation or order promulgated pursuant thereto to a fine
of less amount than that provided in this Section or imprisonment
for a shorter term than that provided in this Section, then the violation
of such particular provision of this Code or other City ordinance,
rule, regulation or order shall be punished by the imposition of not
more than the maximum fine or imprisonment so authorized or by both
such fine or imprisonment. In any case wherein the penalty for an
offense is fixed by any Statute, the City 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.
C.
Each day any violation of this Code or any other City ordinance or
rule, regulation or order promulgated pursuant thereto shall continue
shall constitute a separate offense, unless otherwise provided.
D.
Additional Penalties.
[Ord. No. 2016-3080, 7-26-2016]
1.
ANNUAL GENERAL OPERATING REVENUE
COURT COSTS
MINOR TRAFFIC VIOLATION
MUNICIPAL ORDINANCE VIOLATION
Definitions. For the purpose of this Subsection, the following
terms mean:
Revenue that can be used to pay any bill or obligation of
a county, city, town, or village, including general sales tax; general
use tax; general property tax; fees from licenses and permits; unrestricted
user fees; fines, court costs, bond forfeitures, and penalties. Annual
general operating revenue does not include designated sales or use
taxes; restricted user fees; grant funds; funds expended by a political
subdivision for technological assistance in collecting, storing, and
disseminating criminal history record information and facilitating
criminal identification activities for the purpose of sharing criminal
justice-related information among political subdivisions; or other
revenue designated for a specific purpose;
Costs, fees, or surcharges which are retained by a county,
city, town, or village upon a finding of guilty or plea of guilty,
and shall exclude any costs, fees, or surcharges disbursed to the
state or other entities by a county, city, town, or village and any
certified costs, not including fines added to the annual real estate
tax bill or a special tax bill under Section 67.398, 67.402, or 67.451,
RSMo.;
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 [no more than] 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;
A municipal or county 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.
2.
Conditions On Fines. Notwithstanding any provisions to the contrary,
the following conditions shall apply to minor traffic violations and
municipal ordinance violations:
a.
The court shall not assess a fine, if combined with the amount
of court costs, totaling in excess of:
(1)
Two hundred twenty-five dollars ($225.00) for minor
traffic violations; and
(2)
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;
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, violations endangering the health
or welfare of others, or eluding or giving false information to a
Law Enforcement Officer;
c.
A person shall not be placed in confinement 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;
d.
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
[R.O. 1993 § 100.120; CC 1988 § 1-14]
The schedule of fines shall be as determined by the Municipal
Judge and the City Attorney as approved by the City Council.
