Article III: Penalty - City of Louisiana, MO

Section 100.170 General Penalty — Continuing Violations. [1]

[R.O. 2008 §100.170; Code 1968 §23-01; CC 1988 §1-11]

For any purpose or purposes mentioned in this Chapter, the Council may enact and make all necessary ordinances, rules and regulations; and they may enact and make all such ordinances and rules, not inconsistent with the laws of the State, as may be expedient for maintaining the peace and good government and welfare of the City and its trade and commerce; and all ordinances may be enforced by prescribing and inflicting upon its inhabitants, or other persons violating the same, such fine not exceeding five hundred dollars ($500.00) and such imprisonment not exceeding three (3) months, or both such fine and imprisonment, as may be just for any offense, recoverable with costs of suit, together with judgment of imprisonment, until the fine and costs are paid or satisfied; and any person committed for the non-payment of fine and costs, or either, may be compelled to work out the same as herein provided; but, in any case wherein the penalty for an offense is fixed by any Statute, the Council shall affix the same penalty by ordinance for the punishment of such offense, except that imprisonments, when made under City ordinances, may be in the City prison or workhouse instead of the County Jail.

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 act of violation and every day upon which a violation occurs or continues shall constitute a separate offense.

The failure of any officer or employee of the City to perform any official duty imposed by this Code shall not subject such officer or employee to the penalty imposed by this Section unless a penalty is specifically provided.

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.

[1]

Cross References — City attorney, §§115.170 et seq.; alcoholic beverages, ch. 600; motor vehicles and traffic, Title III; municipal court, ch. 125; offenses, ch. 215; police, ch. 200.

Section 100.180 Prosecution Where Different Provisions Exist For Same Offense.

[R.O. 2008 §100.180; CC 1988 §1-12]

In all cases where the same offense may be made punishable, or shall be created by different clauses or Sections of the ordinances of the City, the Prosecuting Officer may elect under which to proceed, but not more than one (1) recovery or penalty shall be had or enforced against the same person for the same offense, provided that the revocation of a license or permit shall not be considered a recovery or penalty so as to bar any other penalty or recovery being enforced or had.

Section 100.190 Prisoners May Be Worked.

[R.O. 2008 §100.190; CC 1988 §1-14; Ord. No. 24-2007 §12, 12-13-2007]

In case any person is found guilty and sentenced by the Municipal Judge for violation of this Code or any other ordinance of the City, whether the punishment be by fine or imprisonment, or by both, such person may be put to work and required to perform labor on the public streets or highways, or other public works or buildings of the City, and the Chief of Police, City Administrator or other proper officer of the City shall have power and be authorized and required to have or cause all such prisoners to work out the full number of days for which they have been sentenced, and in case the defendant has sufficient property out of which to make the money fine and costs assessed against the defendant, and the same shall remain unpaid, the defendant shall be required to do and perform such labor on the streets, highways or other public buildings or public works of the City, as his/her health and strength will permit, not exceeding eight (8) hours per day, and for such work and labor the person so employed shall be allowed, exclusive of his/her board, the sum of ten dollars ($10.00) per day, which amount shall be credited on such fine and costs. Such labor shall be done at the direction and under the supervision of the Chief of Police or City Administrator. The officer or person in charge of such prisoner while so employed may impose such restraints as may be reasonably necessary to prevent the escape of the prisoner while so employed.