[R.O. 1993 § 100.110; CC 1988 § 1-13]
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.
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.
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.
[Ord. No. 2016-3080, 7-26-2016]
Definitions. For the purpose of this Subsection, the following terms mean:
- ANNUAL GENERAL OPERATING REVENUE
- 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;
- COURT COSTS
- 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.;
- MINOR TRAFFIC VIOLATION
- 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;
- MUNICIPAL ORDINANCE VIOLATION
- 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.
Conditions On Fines. Notwithstanding any provisions to the contrary, the following conditions shall apply to minor traffic violations and municipal ordinance violations:
The court shall not assess a fine, if combined with the amount of court costs, totaling in excess of:
Two hundred twenty-five dollars ($225.00) for minor traffic violations; and
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;
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;
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;
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.