[Ord. No. 401, 11-11-2017]
The City hereby adopts the following provisions related to the general penalties associated with violating the City's ordinances:
A. 
Whenever in this Code or in any ordinance of the City, or in any rule, regulation, notice, condition, term 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 or misdemeanor 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, where no specific penalty is provided therefor, the violation of any such provision of this Code or any such ordinance, rule, regulation, order or notice shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment not to exceed three (3) months, or by both such fine and imprisonment.
B. 
Exceptions:
1. 
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.
2. 
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.
3. 
The punishment of a "minor traffic violation" as defined by Section 479.350, RSMo., 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.
4. 
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.
5. 
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.
[Ord. No. 401, 11-11-2017]
The Chapter, Article, Division and/or Section assignments designated in this Code may be revised and altered by the codification company servicing the City Code of Ordinances upon supplementation of such code if, in the discretion of the editor, an alternative designation would be more reasonable. In adjusting such designations, the editor may also change other designations and numerical assignment of Code Sections to accommodate such changes.
[Ord. No. 401, 11-11-2017]
It is hereby declared to be the intention of the Board of Aldermen that the sections, paragraphs, sentences, clauses, phrases and words of this Article are severable, and if any section, paragraph, sentence, clause, phrase or word(s) of this Article shall be declared unconstitutional or otherwise invalid, such unconstitutionality or invalidity shall not affect any of the remaining sections, paragraphs, sentences, clauses, phrases and words or this ordinance since the same would have been enacted by the Board of Aldermen without the incorporation in this Article of any such unconstitutional or invalid portion of the ordinance.