City of Clarkson Valley, MO Penalty

Except as hereinafter provided, whenever in any rule, regulation or order promulgated pursuant to such ordinances of the City, any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor pursuant to ordinances passed prior to the date of the enactment of this Section or whenever in such 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 by any ordinance passed prior to the date of the enactment hereof or where no specific penalty is provided therefor or any future rule, regulation or order promulgated pursuant to such ordinances of the City or any act is prohibited or is made or declared to be unlawful or an ordinance violation, offense or a misdemeanor or whenever in such City ordinances, rules, regulations or the doing of any act is required or the failure to do any act is declared to be unlawful or where no specific penalty is provided there, the violations of any such ordinances of the City or of any rule, regulation or order promulgated pursuant to such City ordinance shall be punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for a period not to exceed three (3) months, or by both such fine and imprisonment.

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 these ordinances or rules, regulations or orders 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, the violation of such particular provision of these ordinances or rules, regulations or orders shall be punished by the imposition of not more than the maximum fine or imprisonment so authorized, or by both such fine and imprisonment.

Whenever any provision of the Revised Statutes of Missouri or other Statute of the State establishes a penalty differing from that provided by this Section, for an offense similar to any offense established by these ordinances, rules, regulations or other orders of the City, the violation of such City law, ordinance, rule, regulation or order shall be punished by the fine or imprisonment established for such similar offense by such State law.

Each day any violation of these ordinances, rules, regulations or orders promulgated pursuant thereto shall continue shall constitute a separate offense, unless otherwise provided.

Minor Traffic Violations. Notwithstanding anything to the contrary herein, no punishment for a minor traffic violation as defined by Section 100.080 of this Municipal Code shall:

Impose a fine, when combined with the amount of court costs, that exceeds two hundred twenty-five dollars ($225.00);

Be punishable by imprisonment, unless the violation involved:

Alcohol or controlled substances;

Endangered the health and welfare of others; or

Involved eluding or giving false information to a Law Enforcement Officer.

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;

Assess court costs where a defendant has been found to be indigent under Subsection (E)(5) or if a case has been dismissed;

Assess court costs against a defendant who the Municipal Court finds to be indigent based on standards set by the Presiding Judge of the 21st Judicial Circuit Court of the State of Missouri; or

Issue an additional charge for the failure to appear on a minor traffic violation.

Municipal Ordinance Violations. Notwithstanding anything to the contrary herein, no punishment for a municipal ordinance violation as defined by Section 479.350, RSMo., and Section 100.080 of this Municipal Code shall impose a fine, when combined with the amount of court costs, that exceeds:

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 d. Four hundred fifty dollars ($450.00) for the fourth and any subsequent municipal ordinance violations;

Be punishable by imprisonment, unless the violation involved:

Alcohol or controlled substances;

Endangered the health and welfare of others; or

Involved eluding or giving false information to a Law Enforcement Officer.

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;

Assess court costs where a defendant has been found to be indigent under Subsection (F)(5) or if a case has been dismissed; or

Assess court costs against a defendant who the Municipal Court finds to be indigent based on standards set by the Presiding Judge of the 21st Judicial Circuit Court of the State of Missouri.