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HomeMy WebLinkAbout1996-011 - Amendments to Section 25.003 of the Municipal Code73555; 12/06/95 BILL N0.96-I1 ORDINANCE N0.96=11 AN ORDINANCE REPEALING SECTION 25.003 AND ENACTING A NEW SECTION 25.003 IN LIEU THEREOF ESTABLISHING PENALTIES FOR VIOLATIONS OF THE PROVISIONS OF CHAPTERS 19 THROUGH 25 OF THE CODE OF THE CITY OF RIVERSIDE, MISSOURI. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: Section 1. Section 25.003 as enacted pursuant to ordinance Nos. 86-1 and 83-31 is hereby repealed in its entirety. Section 2. A new Section 25.003 is hereby enacted in lieu thereof to read as follows: "Section 25.003. PENALTIES FOR VIOLATION. Any individual, concern, organization or corporation violating any of the provisions of Chapters 19 through 25 of this code shall, upon conviction, be fined a sum not less than One Dollar ($1.00) nor more than Five Hundred Dollars ($500.00) or be imprisoned in the City Jail or Platte County Jail or any suitable detention facility designated by the Court for a term not exceeding ninety (90) days or be punished by both such fine and imprisonment. Provided however, if any individual, concern, organization or corporation is convicted of violating any provision of Chapters 19 through 25 of this code which, if charged as a violation of State law would be considered an infraction by designation of any statute of the State of Missouri, then the fine imposed for conviction shall not exceed Two Hundred Dollars ($200.00) and no imprisonment shall be imposed. Provided further, that if the statutes of the State of Missouri designate a different penalty than allowed hereunder for the offense, then the penalty imposed shall be limited to that authorized by the statutes of the State of Missouri. a. In addition to any penalties now provided by ordinance, the Court may place any individual, concern, organization or corporation on probation or parole for a term not to exceed two (2) years. b. In addition to any penalties now provided by ordinance, the Court may suspend imposition of any sentence and place any individual, concern, organization or corporation on probation for specific period. a c. The Court may grant probation if, having regard to the nature and circumstances of the offense and the history and character of the Defendant, the Court is of the opinion that: (1) Institutional confinement of the Defendant is not necessary for the protection of the public; and (2) The defendant is in need of guidance, training or other assistance which, in his case, can be effectively administered through probation supervision. d. The term of probation or parole shall not exceed a term of two (2) years. e. A term of probation commences on the day it is imposed. The Court may terminate a period of probation and discharge the defendant at any time before completion of the specific term fixed by the Court if warranted by the conduct of the defendant and the ends of justice. Probation can be terminated by the Court upon application of the City, the defendant, or the Court's own motion. f. If the Defendant violates a condition of probation at any time prior to the expiration or termination of the probation term, the Court may continue him on the existing conditions, with or without modifying or enlarging the conditions, or if such continuation, modification, or enlargement is not appropriate, may revoke probation and order that any sentence previously imposed be executed. If imposition of sentence was suspended, the Court may revoke probation and impose any sentence available under this Section. The Court may mitigate any sentence of imprisonment by reducing the jail term by all or part of the time the defendant was on probation. g. Violation of the terms of probation shall constitute a separate offense punishable under this Section. h. Probation shall not be revoked without giving the probationer notice and an opportunity to be heard on the issues of whether he violated a condition of probation, and, if he did, whether revocation is warranted under all the circumstances. 3 i. At any time during the term of probation the Court may issue a notice to the probationer to appear to answer a charge of a violation, and the Court may issue a warrant of arrest for the violation. Such notice shall be personally served upon the probationer or mailed to the probationer by certified mail. The warrant shall authorize the return of the probationer to the custody of the Court or to any suitable detention facility designated by the Court. j. The power of the Court to revoke probation shall extend for the duration of the term of probation designed by the Court and for any further period which is reasonably necessary for the adjudication of matters arising before its expiration, provided that some affirmative manifestation of an intent to conduct a revocation hearing occurs prior to the expiration of the period and that every reasonable effort is made to notify the probationer and to conduct the hearing prior to the expiration of the period." Section 3. The City Clerk is directed to incorporate this amendment into the Riverside City Code. PASSED THIS 16th DAY OF Januarv _, 199 6 /,~~:t~C-ice. MAYOR ATT~,S(T~ L 'fiC G 1 L ~/_ ,t c'~'~. CITY CLERK,j//£o- .~„ APPROVED THIS 18th DAY OF January , 199h MAYOR