[Ord. No. 898, 10-22-2018]
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.
B.
Exceptions.
2.
The punishment of a "minor traffic violation," as defined by Section 100.080, shall be subject to the following provisions:
3.
The punishment of a municipal ordinance violation for which penalties
are authorized by Section 67.398, RSMo. (nuisances), Section 71.285,
RSMo. (high grass and weeds and litter and debris nuisances), or Sections
89.120 and 89.490, RSMo. (zoning violations), 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.
