§ 1-17. General penalty; continuing violations.

(a)

General penalty. Whenever in any section of this Code or in any ordinance the doing of any act is required or is prohibited or is declared to be unlawful or an ordinance violation, and either no specific fine or penalty is provided for a violation thereof or a specific penalty of imprisonment for more than six months is provided therefor, any such specific penalty provided by any such section or ordinance notwithstanding, any person who shall be convicted of a violation of any such provision of this codification or of any such ordinance shall, for each offense, be fined not less than $1.00 and not more than $500.00 where no specific fine is provided, or the fine so specifically provided where so provided, or be punished by imprisonment in the municipal correctional institution, not to exceed six months, or be punished by both fine and imprisonment.

(b)

Continuing violations. Each day's violation of, or failure, refusal or neglect to comply with, any provision of this codification or of any other ordinance shall constitute a separate and distinct offense.

(c)

Limitation on applicability. This section shall not apply to any section of this Code or to any ordinance in which there is expressly provided a penalty for its violation of imprisonment for a term not in excess of six months.

(d)

Enhanced minimum fine. Notwithstanding subsection (c) of this section, the following enhanced minimum fine shall apply to every section of this Code, or other ordinance, unless expressly exempted:

(1)

Requirements. If a person does all of the following, the minimum fine for the underlying offense shall be no less than $300.00:

a.

Commits a violation of this Code or any ordinance.

b.

Intentionally selects the person against whom the violation as noted by subsection (d)(1)a of this section is committed or selects the property which is damaged or otherwise affected by the violation as noted by subsection (d)(1)a of this section because of the actor's belief or perception regarding the race, color, gender, religion, national origin, age, ancestry, sexual orientation, disability, handicap or health-related condition, of that person or the owner or occupant or that property, whether or not the actor's belief or perception was correct.

(2)

Application. This section provides for the enhancement of the penalties applicable for the underlying violation. The court shall find the existence of each requirement specified in subsection (d)(1) of this section.

(3)

Exception. This section does not apply to any violation if proof of race, color, gender, religion, national origin, age, ancestry, sexual orientation, disability, handicap or health-related condition, or proof of any person's perception or belief regarding another's race, color, gender, religion, national origin, age, ancestry, sexual orientation, disability, handicap or health-related condition, is required for a conviction of that offense.

(Code of Gen. Ords. 1967, § 1.17; Ord. No. 38541, 7-17-70; Ord. No. 930916, 8-12-93)

State law reference

Power to impose penalties, RSMo 82.300.