[R.O. 1994 § 100.030; Ord. No.
96-2 §§ 1 – 2, 1-23-1996; Ord. No. 2011-14, 6-28-2011; Ord. No. 2015-39 § 1, 9-22-2015; Ord. No. 2016-27, 8-9-2016]
A. General Penalty.
1. 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 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 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, except that imprisonments may be
in the City prison or workhouse instead of the County Jail.
2. 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.
3. 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.
B. Definitions. As used in this Section, the following terms shall have
the meanings set out herein:
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 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 67.398,
71.285, 89.120, and 89.490, RSMo. Municipal ordinance violation shall
include amended charges for municipal ordinance violations.
C. Minor Traffic Violations. Notwithstanding anything to the contrary herein, no punishment for a minor traffic violation as defined in Subsection
B of this Section shall:
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 involved:
a. Alcohol or controlled substances;
b. Endangering the health and welfare of others; or
c. 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
(C)(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
Circuit. Such standards shall reflect model rules and requirements
to be developed by the supreme court;
6. Issue an additional charge for the failure to appear on a minor traffic
violation.
D. Municipal Ordinance Violations. Notwithstanding anything to the contrary herein, no punishment for a municipal ordinance violation as defined in Subsection
(B) of this Section shall impose a fine, when combined with the amount of Court costs, that exceeds:
1. For municipal ordinance violations committed within a twelve-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 and any subsequent
municipal ordinance violations.
2. Be punishable by imprisonment, unless the violation involved:
a. Alcohol or controlled substances;
b. Endangering the health and welfare of others; or
c. Eluding or giving false information to a Law Enforcement Officer.
3. Place a person convicted of a municipal ordinance 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
(D)(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
Circuit.