[R.O. 2011 §1-23; Ord. No. 2655 §1, 2-2-1987; Ord. No. 2729 §1, 12-19-1988]
A. 
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 or a misdemeanor, 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 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.
B. 
Minor Traffic Violations. The punishment of a minor traffic violation, as defined by Section 300.010 of the Salem Municipal Code, shall be subject to the following:
[Ord. No. 3302 §2, 9-8-2015]
1. 
The maximum fine and court costs that can be imposed for the violation of any minor traffic violation shall be three hundred dollars ($300.00).
2. 
Minor traffic violations shall not be punishable by imprisonment, unless the violation:
a. 
Involved alcohol or controlled substances,
b. 
Endangered the health or welfare of others, or
c. 
Involved eluding or giving false information to a Law Enforcement Officer.
3. 
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.
4. 
Court costs shall be assessed against such person unless the court finds that the defendant is indigent.
[Ord. No. 3321 § 1, 2-6-2017]
A. 
Findings. In the 2014 Legislative Session, the Missouri State Legislature enacted Senate Bill 491 and House Bill 1371 which resulted in numerous revisions to Title 38 (Crimes and Punishment) of the State Statutes, effective as of January 1, 2017. That the Code of Ordinances of the City of Salem, Missouri, has been revised as to the crimes portion thereof, however the Missouri State Legislature has established punishment limits on certain crimes of non-violence and traffic offenses which require compliance by the City of Salem, Missouri.
B. 
Adoption Of Revised Punishments. The following punishment provisions are hereby adopted and enacted under Chapter 210 of the Code of Ordinances of the City of Salem and such provisions shall repeal and replace any existing punishment provisions under existing Code Chapter 210 as of the effective date provided in Subsection (D) hereof.
C. 
Repeal And Effect Of Adoption. The repeal of any punishment provisions inconsistent herewith shall not affect any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of this ordinance, nor shall it affect any prosecution, suit or proceeding pending or any judgment rendered prior to such date.
D. 
Effective Date. All provisions of this Section adopted hereby shall be in full force and effect on February 6, 2017.
E. 
Severability. It is hereby declared to be the intention of the Board of Aldermen that the Sections, paragraphs, sentences, clauses and phrases of this Section hereby adopted are severable, and if any phrase, clause, sentence, paragraph or Subsection of this Section hereby adopted shall be declared unconstitutional or otherwise invalid by a judgment of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and Subsections of this Section or Chapter 210 hereby adopted.
F. 
Punishments.
1. 
With the exception of the Ordinance violations in the enumerated Sections and or Articles set forth in Subsection (G), the punishment for all Ordinance violations under Chapter 210, of the Revised Ordinance of the City of Salem, in effect on January 1, 2017, and thereinafter enacted in their place or stead shall be as follows:
a. 
A fine not exceeding three hundred dollars ($300.00), or
b. 
Imprisonment in the County jail for a term not exceeding ninety (90) days, or
c. 
A combination of jail time and fine not exceeding the limits set for in Subsections (a) and (b) hereof.
2. 
Nothing herein set forth for punishment limits shall prevent the Court of competent jurisdiction conducting the sentencing of ordinance violations of the City of Salem, Missouri, from suspending the imposition or execution of a sentence.
G. 
Exceptions To Subsection (F) Hereof. The maximum punishment which a court of competent jurisdiction conducting the sentencing for the following enumerated ordinance violations of the City of Salem shall be two hundred twenty-five dollars ($225.00), namely:
Section 210.150
Harassment
Section 210.530
Littering
Section 210.540
Carcass Littering
Section 210.560
Prohibited Burning
Section 210.660
Peace Disturbance
Section 210.670
Private Peace Disturbance
Section 210.730
Disorderly Conduct
Section 210.1060
Trespass First Degree
Section 210.1070
Trespass Second Degree
Section 210.1100
Negligent Burning
Section 210.1560
Urinating in Public
Section 210.1590
Disorderly Houses
Section 210.1800
Possession of Marijuana
Section 210.1830
Possession of Drug Paraphernalia
Section 210.1870
Open Beer or Liquor Container
Section 210.2110
Minor in Possession of Tobacco
Section 210.2220
Possession of Fireworks
Section 210.2230
Discharge of Fireworks
Section 310.030
Propelling Pushcarts
Section 310.040
Use of Roller Skates
Chapter 315
Traffic Control Devices
Chapter 320
Speed Regulations
Chapter 325
Turning Movements
Chapter 330
One Way Streets
Chapter 335
Stop and Yield Intersections
Section 340.020
Crossing a Fire Hose
Section 340.030
Funeral Processions
Section 340.110
All-Terrain Vehicles on City Streets
Section 340.180
Hand Signals
Section 342.050
Alcohol in Moving Vehicle
Chapter 345
Pedestrian Rights
Chapter 350
Illegal Parking
Chapter 355
Traffic Obstruction
Chapter 360
Loading Zones
Chapter 365
Illegal Parking
Chapter 370
Vehicle Equipment
Chapter 375
Bicycles, Motorized Bicycles
Chapter 380
Licensing Requirements
[R.O. 2011 §1-24; Ord. No. 2655 §2, 2-2-1987]
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.
[R.O. 2011 §1-25; Ord. No. 2655 §3, 2-2-1987]
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.