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, 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 five hundred dollars ($500.00)
or by imprisonment in the City or County Jail not exceeding three
(3) months, 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, except that imprisonments may be in the City prison
or workhouse instead of the County Jail.
B.
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.
C.
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.
A.
MINOR TRAFFIC VIOLATION
MUNICIPAL ORDINANCE VIOLATION
Definitions.
As used in this Section, the following terms shall have the meanings
set out herein:
A municipal 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 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 ordinance violation prosecuted for which penalties
are authorized by Statute under Sections 67.398, 71.285, 89.120, and
89.490, RSMo. "Municipal ordinance violation" shall include amended
charges for municipal ordinance violations.
B.
Minor Traffic Violations. Notwithstanding any provisions to the contrary herein, no minor traffic violation as defined in Subsection (A) of this Section shall be punishable by:
1.
A fine that, when combined with the amount of Court costs, exceeds
two hundred twenty-five dollars ($225.00);
3.
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.
Assessment of Court costs against a defendant who the Municipal Court
finds to be indigent based on standards set by the Presiding Judge
of the Circuit. Such standards shall reflect model rules and requirements
to be developed by the Supreme Court;
5.
Assessment of Court costs if a case has been dismissed; or
6.
Issuance of an additional charge for failure to appear.
C.
Municipal Ordinance Violation. Notwithstanding any provisions to the contrary herein, no municipal ordinance violation as defined in Subsection (A) of this Section shall be punishable by:
1.
For municipal ordinance violations committed within a twelve-month
period beginning with the first violation, a fine that, when combined
with the amount of Court costs, exceeds:
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 and any subsequent
municipal ordinance violations;
3.
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.
Assessment of Court costs against a defendant who the Municipal Court
finds to be indigent based on standards set by the Presiding Judge
of the Circuit. Such standards shall reflect model rules and requirements
to be developed by the Supreme Court;
5.
Assessment of Court costs if a case has been dismissed; or
6.
Issuance of an additional charge for failure to appear.
