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HomeMy WebLinkAbout1481 Amending Municipal Code Regarding Minor Traffic Violations BILL NO. 2016-040 ORDINANCE NO. 1419 AN ORDINANCE AMENDING CERTAIN PROVISIONS OF THE MUNICIPAL CODE OF THE CITY OF RIVERSIDE, MISSOURI REGARDING MINOR TRAFFIC VIOLATIONS AND MUNICIPAL CODE VIOLATIONS TO CONFORM TO THE PROVISIONS OF SENATE BILL NO. 572. WHEREAS, the 98h Session of the Missouri General Assembly adopted and the Governor has approved Senate Bill No. 572 amending various provisions of the Revised Statutes of Missouri relating to the fines applicable for minor traffic violations and municipal ordinance violations, the ability of municipal courts to sentence persons to confinement, and procedures required for the abatement of nuisances; and WHEREAS, the Board of Aldermen desires to amend the Municipal Code of the City of Riverside, Missouri ("Code") to comply with the statutory amendments made by Senate Bill No. 572. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI AS FOLLOWS: SECTION 1 — That Section 100.240 of the Municipal Code of the City of Riverside, Missouri be amended to read as follows (language to be added is underlined; and language to be deleted contains a stAkedwough): Section 100.240—General Penalty. A. Except as hereinafter provided, Wwhenever in this Code or any other ordinance of the City, or in any rule, regulation, notice 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, misdemeanor or ordinance violation or the doing of any act is required or the failure to do any act is declared to be unlawful or an offense, misdemeanor or ordinance violation, and no specific penalty is provided for the violation thereof, upon conviction of a violation of any such provision of this Code or of any such ordinance, rule, regulation, notice or order, the violator shall be punished by a fine not exceeding five hundred dollars ($500.00)or by imprisonment in the City or County Jail not exceeding ninety(90) days, or by both such fine and imprisonment; provided, that 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, except that imprisonments may be in the City prison or workhouse instead of the County Jail. B. Every day any violation of this Code or any other ordinance or any such rule, regulation, notice or order shall continue shall constitute a separate offense. C. 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. D. Minor Traffic Violations 1. Minor traffic violations are hereby defined as traffic ordinance violations that do not involve an accident or Wurv. that do not involve the operation of a commercial vehicle, and for which no points are assessed by the department of revenue or the department of revenue is authorized to assess one to four points to a person's driving record upon conviction. Minor traffic violations include amended charges for any minor traffic violation. The definition of minor traffic violations does not include violations for exceeding the speed limit by more than nineteen miles per hour or a violation occurring within a construction zone or a school zone 2. Fines. A person convicted of or who pled guilty to a minor traffic violation shall not be assessed a fine, if combined with the amount of court costs, totaling in excess of two hundred and twenty-five dollars for minor traffic violations. E. Municipal Ordinance Violations 1. Municipal Ordinance Violations are hereby defined as violations of Chapter 215 Nuisances, Chapter 400 Unified Development Ordinance, and Chapter 500 Code Adoptions, including but not limited to the penalties authorized by Section 215.020(C)1, Section 400.1070(C), and Section 500.090. 2. Fines. A person, general agent, occupant, lessee, or any other entity convicted of or that pled guilty to a municipal ordinance violation shall not be assessed a fine, if combined with the amount of court costs, for violations committed within a twelve-month period beginning with the first violation totaling in excess of two hundred dollars ($200) for the first violation, two hundred seventy-five dollars ($275) for the second violations, three hundred and fifty dollars ($350) for the third violation, and four hundred fifty dollars ($450) for the fourth and any subsequent violations. SECTION 2 — That Section 130.180 of the Municipal Code of the City of Riverside, Missouri be amended to read as follows (language to be added is underlined; and language to be deleted contains a sutikethfaugh): Section 130.180 Jailing of Defendants. A. If, in the opinion of the Municipal Judge, the City has no suitable and safe place of confinement, the Municipal Judge may commit the defendant to the County Jail or to any private correctional facility with which the City maintains a contractual arrangement for the jailing of City prisoners, and it shall be the duty of the Sheriff or the Jailer of any private facility upon receipt of a warrant of commitment from the Judge to receive and safely keep such prisoner until discharged by due process of law. The municipality shall pay the board of such prisoner at the same rate as may now or hereafter be allowed to the Sheriff or to any private confinement facility for the keeping of such prisoner in his/her or its custody. The same shall be taxed as costs. No prisoner shall at any time or in any manner be released or transferred from custody unless and until the Director of Public Safety or an authorized member of the Department of Public Safety has conducted an inquiry of the Missouri Uniform Law Enforcement System (MULES) and an inquiry of the National Crime Information Center (NCIC) to determine whether there are any pending outstanding warrants for misdemeanors and/or felonies on such prisoner who is to be released, whether the prisoner has been convicted of a crime or is being held on suspicion of charges. B. The Municipal Judge may not sentence a defendant to confinement for failure to pay a fine for a minor traffic violation or municipal ordinance violation, as defined in Section 100.240(D)(1) and 100.240(E)(1) of this Code and Section 479.350 RSMo, unless such nonpayment 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 Municipal Judge SECTION 3 — That Section 215.020(C)-(D) of the Municipal Code of the City of Riverside, Missouri be amended to read as follows (language to be added is underlined; and language to be deleted contains a stfikethmuo): C. Enforcement And Abatement. 1. Enforcement. The Director shall be responsible for enforcement of this Chapter. 2. Notice and order. When a nuisance as described in this Chapter exists, the Director may declare a public nuisance exists and give written notice to the owneragent, «eaanA eeeupaw, or ether pei:senatwl of the and, if the property is not-owner occupied, also to any occupant of the property.Sieh a. All notices and orders given pursuant to this Section shall be given by one of the following means: (1) Personal service; (2) Leaving them Fit the addfossee's usual plase of abode YA4h an eeaupaEA who : ever the age of fifteen( 5) years; or (2) First class mail to both the occupant of the property at the property address and the owner at the last known address of the owner, if not the same. wAdl and- via pfepaid,te the addressee. When notice cannot be given by one of the means outlined above, then such notice hell may be posted on or about the premises described in the notice. There shall be a rebuttable presumption that any notice sent via regular mail pursuant to this Chapter is received within two (2) business days of its mailing. There shall also be a rebuttable presumption that any notice posted on the premises is received at the end of twenty-four(24)hours after the posting thereof. b. Such notice and removal order shall,at a minimum: (1) Declare that a public nuisance exists; (2) Specifically describe each condition that constitutes such nuisance; (3) Identify what action will remedy the nuisance: (4) Order the removal or abatement of such condition not less than seven (7) ten-( OZdays from the date of receipt of such notice, unless a condition presents an immediate, specifically identified risk to the public health or safety; (5) Describe the location of the property where the nuisance exists (using the street address rather than a legal description when reasonably possible to do so); (6) State that if the owner or occupant fails to begin removing or abating the nuisance within the time allowed or pursue the removal or abatement of such nuisance without unnecessary delay then the Director may cause the condition that constitutes the nuisance to be removed or abated and that the cost of such removal or abatement may be included in a special tax bill or added to the annual real estate tax bill for the property and collected in the same manner and procedure for collecting real estate taxes, and that such cost shall be a personal debt of the property owner; (7) State that if the owner or occupant of such property fails to begin removing or abating the nuisance within the time allowed, or upon failure to pursue the removal of such nuisance without unnecessary delay, such owner or occupant may be cited in Municipal Court for violating this Chapter and fined pursuant to Section 100.240(E)(2) of the Municipal Code of the City of Riverside,Missouri. (8) State that if the addressee wishes to contest the finding of a public nuisance and order of abatement, he/she must file a written request for appeal with the Director, which must be received within sever; ten (710) days from the date the addressee received the notice and order. 3. Appeal and hearing. a. An appeal must state the applicant's name, mailing address, and a brief description of the applicant's basis for appeal. If the applicant is represented by an attorney, such fact shall also be noted. b. The Director shall give the requesting party reasonable notice of the date, time, and location of such hearing. Any party may be represented by counsel, and all parties shall have an opportunity for a full and adequate hearing. The proceeding shall be recorded, and all persons giving testimony shall do so by oath or affirmation. C. The Director of Community Development shall preside over such hearing, and make written findings of fact from the evidence offered at said hearing as to whether or not a public nuisance (as defined by this Chapter) exists on the subject property. If the evidence supports a finding based upon competent and substantial evidence that the conditions described in the notice and order constitute a public nuisance on the subject property, the Director of Community Development shall issue a final order of abatement. The final order of abatement shall be delivered, by person or mail, to each party of the hearing, or his or her attorney of record. d. Appeals from the final order of abatement shall be made pursuant to and within the time period prescribed by law. D. Abatement. 1. If the owner, or, if the property is not-owner occupied, the occupant of the Property fails to begin removal or abatement of the nuisance in accordance with the notice and order of abatement within the time allowed, or upon failure to pursue the removal and abatement of such nuisance without unnecessary delay,the Director may cause the condition that constitutes the nuisance to be removed or abated. 2. If the Director causes a nuisance to be removed or abated in accordance with this Chapter and has sent notice and a removal order to the owner in accordance herewith, he shall certify the cost of such removal and abatement (which may include reasonable fees for the City's costs in administering this Chapter) and the proof of the notice to the owner of the property to the City Clerk who shall cause the certified cost to be included in a special tax bill or added to the annual real estate tax bill, at the collecting official's option, for the property, and the certified cost shall be collected by the official collecting taxes in the same manner and procedure for collecting real estate taxes. The tax bill from the date of its issuance shall be deemed a personal debt against the owner and shall also be a lien on the property from the date the tax bill is delinquent until paid. 3. The collection of the delinquent bill shall be governed by the laws governing delinquent and back taxes. The tax bill from the date of its issuance shall be deemed a personal debt against the owner and shall also be a lien on the property from the date the tax bill is delinquent until paid. In the event a lawsuit is required to enforce the tax bill, the City may charge the property owner costs of collecting the tax bill, including attorneys' fees. 4. The Director may enter upon private property for inspection or for the purpose of inspecting or removing any nuisance in accordance with this Chapter. If any person refuses to allow entry onto his/her private property, the Director may obtain an administrative warrant and proceed in accordance therewith. 5. When the Director determines that it reasonably appears there is an immediate danger to the health, safety, or welfare of any person, he may take emergency measures as is necessary to correct or abate the emergency to abate the nuisance notwithstanding the requirements of this Chapter. SECTION 4— That Section 400.1070(C) of the Unified Development Ordinance of the Municipal Code of the City of Riverside, Missouri be amended to read as follows (language to be added is underlined;and language to be deleted contains a"ietlweuo)} C. Fine For Violations. Violations of any provision of this Chapter are hereby declared to be public offenses and pursuant to the authority of Section 89.120, RSMo. The owner or general agent of a building or premises where a violation of any provision of the regulations has been committed or exists or the lessee or tenant of an entire building or entire premises where a violation has been committed or exists or the owner, general agent, lessee or tenant of any part of the building or premises in which a violation has been committed or exists or the general agent, architect, builder, contractor or any other person who commits, takes part in or assists in any violation or who maintains any building or premises in which any violation exists shall be guilty of a misdemeanor and upon conviction thereof shall be fined pursuant to Section 100.240(E)(2) of the Municipal Code of the City of Riverside, Missouri. in —Ra —afneiffint mat wweediag five huffid—Fed dellas ($500.00) or be imprisoned in the City or Ge Y Jail for- a- . Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. SECTION 5 — That Section 500.090 of the Municipal Code of the City of Riverside, Missouri be amended to read as follows (language to be added is underlined; and language to be deleted contains a strikethrough): Any person violating any of the provisions of this Chapter or any of the codes, as amended or adopted in this Chapter of the Municipal Code of the City of Riverside, Missouri, shall be deemed guilty of an ordinance violation and upon conviction thereof shall be fined pursuant to Section 100.240(E)(2) of the Municipal Code of the City of Riverside, Missouri in impfisened in" City er Gewity jail for a peried not exeeeding nifiety (90) days, er-be Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. BE IT REMBERED that the above was read two times by heading only, PASSED AND APPROVED by a majority of the Board of Aldermen and APPROVED by the Mayor of the City of Riverside this day ofLn ao1, 2016. Mayor Kathleen L. Rose . a � � p ATTEST: Robin PwaikCity Clerk �q Paul A. Camp Phone: 816.524.464 Facsimile: 816.524.464 pcampo@publiclawfirm.co 400 SW Longview Blvd, Suite 210 Lee's Summit, Missouri 64081 www.publiclawfirm.com To: Greg Mills; Mike Duffy; Amy Ashelford; Shayla Jones; Robin Kincaid From: Paul A. Campo, City Attorney Date: August 24, 2016 Re: SB 572 During the 2016 state legislative session, the General Assembly approved Senate Bill 572, and the Governor signed it into law with an effective date of August 28, 2016. Senate Bill 572 is a follow-up to Senate Bill 5 from the 2015 legislative session which arose from the situation in St. Louis County concerning the perceived abuses by municipalities regarding fine for minor traffic violations. Senate Bill 572 is designed in part to address what the Genera Assembly perceived as abuse by some cities imposing fines for municipal ordinance violation for issues related to the abatement of nuisances, building permit violations, and zoning violations. Senate Bill 572 limits the amount of fines that can be imposed for minor traffic an municipal ordinance violations. Specifically, Senate Bill 572 caps fines for minor traffic violations at $225. It also limits the amount a municipality may fine for municipal ordinanc violations (pertaining to zoning violations, nuisance violations, and building code violations) t no more than $200 for the first violation, $275 for the second violation, $350 for the third violation, and $450 for any subsequent violations. Senate Bill 572 also changes the minimum amount of time that a person has to abate a nuisance from 7 days to 10 days. The proposed ordinance addresses the necessary changes to the City Code to conform to SB 572. Please review and let me know if you have any questions. I plan on presenting this proposed ordinance to the Board of Aldermen at its September 6h meeting.