City of Edgerton, MO
Platte County
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Table of Contents
Table of Contents
A. 
General Penalty. 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 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. (RSMo. §79.470)
B. 
Exceptions:
1. 
The Court shall only sentence a person to confinement for a violation:
a. 
Involving alcohol or controlled substances;
b. 
Endangering the health or welfare of others; or
c. 
For eluding or giving false information to a Law Enforcement Officer.
2. 
The punishment of a "minor traffic violation," as defined by Section 100.080, shall be subject to the following provisions:
a. 
The maximum fine and court costs that can be imposed for the violation of any minor traffic violation shall be two hundred twenty-five dollars ($225.00).
b. 
Court costs shall be assessed against such person unless the court finds that the defendant is indigent.
3. 
The punishment of a municipal ordinance violation for which penalties are authorized by Section 67.398, RSMo., Section 71.285, RSMo., or Sections 89.120 and 89.490, RSMo., shall be subject to the following provisions:
a. 
The maximum fine and court costs that can be imposed for such violation shall be:
(1) 
For the first violation within any twelve-month period of time: two hundred dollars ($200.00).
(2) 
For the second violation within any twelve-month period of time: two hundred seventy-five dollars ($275.00).
(3) 
For the third violation within any twelve-month period of time: three hundred fifty dollars ($350.00).
(4) 
For the fourth and any subsequent violation within any twelve-month period of time: four hundred fifty dollars ($450.00).
b. 
Court costs shall be assessed against such person unless the court finds that the defendant is indigent.
4. 
A person shall not be placed in confinement for failure to pay a fine unless such non-payment 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.
C. 
Except where otherwise provided, each and every day any violation of this Code or any ordinance of the City, or any rule, regulation, order or notice promulgated by any officer or agency of the City under authority duly vested in him/her or it shall constitute a separate offense.
D. 
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.
E. 
In case of the amendment by the Board of Aldermen of any Section of such Code for which a penalty is not provided, the general penalty as provided in Subsection (A) of this Section shall apply to the Section as amended or, in case such amendment contains provisions for which a penalty other than the aforementioned general penalty is provided in another Section in the same Chapter, the penalty so provided in such other Section shall be held to relate to the Section so amended, unless such penalty is specifically repealed therein.