HomeMy WebLinkAboutCityMgrForm.715.09-06-1972 CITY MANAGER FORM ORDINANCE N0. l �
AN ORDINANCE REPEALING SECTIONS 1-8; 3-2; 7-16: 9A-12 ; 14-35 (a) ;
16-39 ; 16-129 ; 16-137 (a) ; 16-137 (b) ; 16-164; 16A-2; 18-96; 24-67;
26-25 (b) (1) ; 26-25 (b) (2) ; 26-25 (b) (3) ; 27-28; 29-51; 29-72 (b) ; 30-2;
and 30-75, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, PERTAINING TO PENALTIES AND VIOLATIONS; AND ENACTING NEW
SECTIONS IN LIEU THEREOF
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF CAPE GIRARDEAU, MIS50URI, AS FOI�LOtnT5:
SECTION 1. That 5ections 1-8, 3-2, 7-16 , 9A-12 , 14-35 (a) ,
16-39 , 16-129, 16-137 (a) , 16-137 (b) , 16-164, 16A-2, 18-96, 24-67,
26-25 (b) (1) , 26-25 (b) (2) , 26-25 (b) (3) , 27-28, 29-51, 29-72 (b) , 30-2,
and 30-75, of the Code of Ordinances of the City of Cape Girardeau,
Missouri are hereby repealed and new sections enacted in lieu
thereof as shown in 5ection 2 of this Ordinance.
SECTION 2. That new Sections 1-8, 3-2 , 7-16, 9A-12, 14-35 (a) ,
16-39 , 16-129 , 16-137 (a) , 16-137 (b) , 16-164 , 16A-2, 18-96 , 24-67,
26-25 (b) (1) , 26-25 (b) (2) , 26-25 (b) (3) , 27-28, 29-51, 29-72 (b) , 30-2 ,
and 30-75, of the Code of Ordinances of the City of Cape Girardeau,
Missouri, are hereby enact�d reading as foilows:
°'Sec. 1-8. General penalty; continuing violations .
Whenever in this Code or in any ordinance or
resolution of the city any act is prohibited or is made
or declared to be unlawful or an offense, or whenever in
such Code, ordinance or resolution the doing of any
act is required or the failure to do any act is declared
to be unlawful, where no specific penalty is provided
therefor, the violation of any such provision of this
Code or any ordinance or resolution shall Constitute a
misdemeanor and shall be punished by a fine not exceeding
five hundred dollars ($500 .00) or by imprisonment not
exceeding three (3) months , or by both such fine and
imprisonment; provided, however, that violations of
regulations relating to the parking of vehicles shall not
constitute a misdemeanor. Each day any violation of
any provision of this Code or of any such ordinance
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or resolution shall continue shall constitute a
separate offense. "
"Sec. 3-2. Perialty f or violation of chapter.
Every person convicted of a violation of any section
of this chapter shall be punished by a fine of not less
than twenty-five dollars ($25. 00) nor more than Five
Hundred Dollars ($500 . 00) or by imprisonment f or not
more than three (3) months or by both such fine and
imprisonment. Each day that any violation shall continue,
it shall constitute a separate offense. "
"Sec. 7-16 . Same--Penalty for failure to obtain permit
or demolish building within time limit.
Any person who fails to obtain a permit to demolish
a building as required herein shall be punished by a
fine of not less than five dollars ($5 .00) nor more than
five hundred dollars ($500 .00) , together with the cost of
prosecution or by imprisonment up to three (3) months.
Any person who fails to demolish any building for which a
permit to demolish was issued within the time required
by the provisions of this chapter or the permit, upon
conviction, shall be punished by a fine not to exceed
five hundred dollars ($500 . 00) for each day in excess
of the time limit of the permit that it takes: to demolish
the building or by imprisonment in the city jail up to
three (3) months or by bo�h such fine and imprisonment. "
'°5ec. 9A--12 . Violations; penalty for disregarding
notices or orders .
Any person who f ails to comply with any order to
repair, vacate, or demolish, a "dangerous building"
within a reasonable time or who fails to proceed
continuously without unnecessary delay, shall be
punishable by a fine of not less than thirty dollars
($30 .00) per day nor in excess of five hundred dollars
($500 .00) per day for each day that the building or
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structure is in violation of this chapter. Each and
every day a person fails to comply with the order shall
constitute a separate offense.
The occupant or lessee in possession who fails to
comply with any notice or order to vacate said building
in accordance with any notice given as provided for in
this chapter shall be fined a sum not exceeding five
hundred dollars ($500 .00) for each offense nor less
than ten dollars ( $10 . 00) for each offense. Each and
every day the occupant or lessee fails to comply with
the notice or order shall be a separate offense. '°
"Sec. 14-35. Penalty for violation of provisions .
(a) First conviction. Any person who violates
any provision of this chapter upon conviction thereof
shall be subject to a fine in any sum not less than
five dollars (�5.00) nor more than five hundred dollars
($500 .00) or to three (3) months imprisonmerit, or to
both fine and imprisonment, or the license of such
person may be revoked, or both fine and revocation
of li cense may be imposed. "
"5ec. 16-39 . Penalty for knowingly filing f alse
statement.
Any merchant or manufacturer who knowingly files
a false statement under this article shall in addition
to forfeiting his bond as provided for in section 16-36 ,
upon conviction, forfeit his license and be punished
by a fine of not less than twerity-five dollars ($25 .00)
nor more than five hundred dollars ($500 .00) , or by
imprisonment for a period not exceeding th.ree (3) months . "
"5ec. 16-129 . Penalties for violation of article.
Any person, firm or corporation violating any of
the provisions of this article shall be deemed guilty
of a misdemeanor and upon conviction thereof shall be
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punished by a fine of not less than five dollars ($5 .00)
nor more than five hundred dollars ($500 .00) and/or
imprisonment at tke municipal jail of not less than one
(l) day nor more than three (3) months for each offense
and every day thereafter that any such person, firm
or corporation shall violate any term or provision of
th'is article shall be deemed a separate offense. "
"Sec. 16-137 . Penalties for violation of article.
The following penalties are hereby fixed and imposed
for the violation of certain sections of this article.
(a) Any person violating the provisions of sections
16-138, 16-139 , 16-140, 16-141, 16-142, 16-143, 16-145
or 16-146 shall be deemed guilty of a misdemeanor, and
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upon the first conviction thereof shall be punished by a
fine in an amount not less than teri dollars ($1.0 .00) or
more than five hundred dollars ($500 .00) , and upon the
second conviction thereof shall be punished by a fine in
an amount not less than twerity-five dollars ($25 .00) or
more than five hundred dollars ($500. 00) , and upon any
subsequent conviction thereof shall be punished by a
fine in an amount not less than seventy-five dollars
($75. 00) or more than five hundred dollars ($500 . 00)
and/or three (3) months in jail, and in case the person
so subsequently convicted shall be a licerised dealer in
cigarettes as provided by th'is article, then the cigarette
license of such person shall thereupon be revoked and
the same shall not be reriewed or a new cigarette license
be sold r�r issued to such person for a period of one (1)
year thereafter and each day' s violation of the provisions
of said sections of this article shall be deearied a
separate offense. "
(b) Any person violating any of the provisions of
section 16-148 of this article shall be deemed guilty
of a misdemeanor, and upon conviction thereof shall be
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punished by a fine in an amount not to exceed five
hundred dollars ($500.00) or by imprisanment for a term
not to exceed three (3) months, or by both such fine
and imprisonment, and in case the person so convicted
shall be a licensed dealer in cigarettes as provided by
this article, then the cigarette licerise of such person
shall thereupon be revoked and the same shall not be
renewed or a new cigarette license be sold or issued to
such person for a period of one (l) year thereafter, and
each day 's violation of said section 16-148 of this article
shall be deemed a separate offense. "
"Sec. 16-164 . Penalty for violation.
Any person, firm or corporation, whether owner of
the licensed premises or the holder of the license, who
violates any of the provisions of this article shall be
deemed guilty of a misdemeanor and upon conviction thexeof
shall be punished by a fine of not less than ten dollars
($10. 00} nor more than five hundred dollars ($500 .00)
for each offense. Every day thereafter that any such
person, firm or corporation shall violate any term or
provision of this article shall be deemed to be a
separate offense. "
"Sec. 16A-2 . Penalties for violation of chapter.
Any person violating any of the provisions of this
chapter shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be fined an amount not exceeding
five hundred dollars ($500 .00) or by imprisonment in the
Cape Girardeau City Jail for a period not exceeding
three (3) months or by both such fine and imprisonment.
Each day such violation is committed or perrnitted to
continue shall constitute a separate offense and shall
be punishabTe as such hereunder. "
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"Sec. 18-96. 5ame--Penalty for violation of seCtions
18-94 and 18-95 .
Any person violating any provisions of sections 18-94
and 18-95 is punishabTe by a fine of not more than five
hundred dollars ($500 .00) or by imprisonment not to
exceed three (3) months or by both such fine and imprisonment. "
"Sec. 24-67. Perialty for violation of provisions.
That any person who violates the provisions of
sections 24-61 ,24-63 through 24-66 of this article shall
be subject to the payment of a fine not to exceed five
hundred dollars ($500 .00) . "
"Sec. 26-25 . Driving While under influerice of
intoxicating beverages: or drugs prohibited;
penalty .
(b) Penalty . Any person viol.ating the provisions
of thi:s section, upon conviction thereof, shall be
punished as follows:
(1) For the fir�t offense, by a fine of not less
than one dollar ($1.00) and not more than five hundred
dollars ($500 .00) or imprisonment in the city jail for
not less than ten (10) days nor more than three (3)
months or by such fine and imprisonment.
(2) For the second offense, by a fi�.e of not less
than one hundred one dollars ($I01. 00) and not more than
five hundred dollars ($500 .00) or imprisonment in the city
jail for not less than teri (10) days nor more than three
(3) months or by such fine and imprisonment.
(3) For the third offense and for each offense
thereafter, by a fine of not less than one hundred
fifty-one dollars ($151.00) and not more than five
hundred dollars ($500 .00) or imprisonment in the city jail
for not less than ten (10) days nor more than three (3)
months, or by such fine and imprisonment. "
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"5ec. 27-28 . Penalty for violation.
Any person who violates any provision of this
article shall upon conviction be punished by a fine of
not less than ten dollars ($10 .00) nor more than five
hundred dollars ($500 .00) ; and each day' s f ailure of
compliance with any such provision shall constitute
a separate violation. "
"Sec. 29-51. Unlawful to tamper with lines, reconnect
sewer services; penalty .
It shall be a misdemeanor for any person or persons
to tamper with any sewer line or to reconnect sewer
services when services have been disconneCted for
nonpayment of bill for sewer services, unless such bill
for sewer services has been paid in full. Any person
violating the provisions of this article shall be
fined not less than ten dollars ($10 .00) nor more than
five hundred dollars ($500 .00) . "
"5ec. 29-72. Penalty for violation of provisions; notice
to offender required; liability of offender.
(b) Penalty. Any person who shall continue any
violation beyond the time limit provided for in
subsection (a) herein, shall be guil.ty of a misdemeanor,
and on conviction thereof shall be fined in the amount
not exceeding five hundred dollars ($500 .00) for each
violation. Each day in which any suCh violation shall
continue shall be deemed a separate offense. "
"Sec. 30-2. Violation and penalty.
The owner or agent of a building or premises in or
upon wh'ich a violation of any provision of this ordinance
has been committed or shall exist, or the lessee or
tenant of an eritire building or entire premises in or
upon which violation has been committed or shall exist,
or the agent, architeCt, building contractor, or any other
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person who commits , takes part or assists in any
violation or who maintains any building or premi.ses in or
upon such violation shall exist, shall be guilty of a
misdemeanor punishable by a fine of not less than ten
dollars ($10 .00) and not more than five hundred dollars
($500. 00) for each and every day that such violation
continues; but if the offense be wilful, on conviction
,�thereof, the punishment shall be a fine of not less than
one hundred dollars ($100 .00} nor more than five hundred
dollars ($500 .00) for each and every day that such
violation shall continue or by imprisonment for ten (10)
days for each and every day such violation shall continue
or by both such fine and imprisonment, at the discretion
of the court. Any such person, having been served with
an order to remove any such violation, failing to comply
with said order within ten (10) days after such notice or
continuing to viol�te any provision of the regulations
made under authority of this ordinance in the respect
named in such order, shall be subject to a civil penalty
of two hundred fifty dollars ($250 .00) . Each day such
violation shall continue as provided by this Chapter shall
constitute a separate offense. "
"Sec. 30-75 . Violation; penalty.
Any person violating the provisions of this Chapter
is guilty of a misdemeanor and upon conviction thereof
shall be fined not less than one hundred dollars ($100 .00)
nor more than five hundred dollars ($500 .00) or by
imprisonment in the city jail for not more than three (3)
months, or by both such fine and imprisonment. Each day
any violation of this Chapter shall continue shall
constitute a separate offense. "
SECTION 3. If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held invalid
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or unconstitutional by any Court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the
remaining portions hereof.
SECTION 4. It is the intention of the governing body
and it is hereby ordained that the provisions of this ordinance
shall become and be made a part of the Code of Ordinances, City
of Cape Girardeau, Missouri, and the sections of this Code may be
renumbexed to accomplish such intention.
5ECTION 5 . This ordinance shall be in full force and effect
ten days after its passage and approval.
PAS5ED AND APPROVED THIS �� DAY OF , 1972 .
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MAYOR
ATTEST:
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'�-A-;��_
CITY CLE
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