ST. LOUIS PUBLIC LIBRARY
PREMIER LIBRARY SOURCES
HOME KIDZONE CATALOG SEARCH BULLET



BULLETSt. Louis City Revised Code Chapter 1.12 General Penalty

St. Louis City Revised Code (annotated) has been converted to electronic format by the staff of the St. Louis Public Library. This electronic version has been done for the interest and convenience of the user. These are unofficial versions and should be used as unofficial copies.

Official printed copies of St. Louis City Revised Code may be obtained from the Register's Office at the St. Louis City Hall.



Chapter 1.12
General Penalty

Sections:

1.12.010 Penalty for violation.
1.12.020 General offense and infraction.
1.12.030 Classification of offenses.
1.12.040 Infraction.
1.12.050 General offense--Action taken by court.
1.12.060 Infraction--Action taken by court.
1.12.070 Violation by organization--Action taken by court.
1.12.080 Commencement of prosecution--Time limitation.
1.12.090 Commencement of prosecution--Expiration of time period.
1.12.100 Determination of commencement of offense and prosecution.
1.12.110 Inapplicability of period of limitation.
1.12.120 Retroactivity of provisions.
1.12.130 Exclusivity of provisions.

Charter:

Art. I 1 (34) Fines, forfeitures and penalties

Art IV 24 Fines and imprisonment

Cases:

A defendant who was convicted in municipal court for violation of city ordinances could not be tried by the state for grand larceny based on the same acts as were involved in violation of the ordinances as it would constitute double jeopardy. Waller v. Florida. 397 U.S. 387, 90 S. Ct. 1184 (1970).

City of St Louis has the power to imprison a person for an ordinance violation, St. Louis v. Von Hoffman, 280 S.W. 421 (1926).

St. Louis must provide indigent defendants an opportunity to pay fines in equal installments, Hendrix v. Lark, 482 S.W. 2d 427 (1972).

Defendant could not be imprisoned for inability to pay fine in installments after she made good faith effort to do so. Hendrix v. Lark, 482 S.W. 2d 427 (1972).

For cases stating that prosecutions by municipalities for the violation of an ordinance are civil actions to recover a debt or penalty due the City for the infraction of the ordinance, see Groves v. Quick, 319 S.W. 2d 543 and City of Rayton v. Roach, 360 S.W. 2d 741.

City Counselor Ops.: 8525, 9803

McQuillin:

27.06 Civil or criminal nature of proceedings

17.01 et seq. Penalties of municipal ordinances

1.12.010 Penalty for violation.

Every person convicted of a violation of any section of this Code shall be punished by a fine of not less than one dollar nor more than five hundred dollars or by imprisonment for not more than ninety days or by both such fine and imprisonment, except as may be otherwise specifically provided in this Code. Each day that any violation shall continue shall constitute a separate offense.
(1948 C. Ch. 1 16: 1960 C. 1.100.)

1.12.020 General offense and infraction.

A. General Offense. A crime is a "general offense" if it is so designated or if persons convicted thereof may be sentenced to imprisonment for a term of which the maximum is 90 days or less and/or a fine of $500 or less.

B. Infraction.

1. An offense defined by this chapter or by any other code or ordinance of this city constitutes an "infraction" if it is so designated or if no other sentence than a fine, or fine and forfeiture or other civil penalty is authorized upon conviction.

2. An infraction does not constitute a crime and conviction of an infraction shall not give rise to any disability or legal disadvantage based on conviction of a crime.
(Ord. 57839 1, 1979.)

1.12.030 Classification of offenses.

General offenses are classified for the purpose of sentencing into the following two categories:

A. Class I General Offense. It is a Class I general offense if the authorized imprisonment is 90 days or less, and/or a fine not to exceed $500.

B. Class II General Offense. It is a Class II general offense if the authorized imprisonment is 30 days or less, and/or a fine not to exceed $500.
(Ord. 57839 2 (1), 1979.)

1.12.040 Infraction.

It is an infraction if there is no authorized imprisonment.
(Ord. 57839 2 (2), 1979.)

1.12.050 General offense--Action taken by court.

Whenever any person has been found guilty of a general offense the court shall make one or more of the following dispositions of the offender in any appropriate combination. The court may:

A. Sentence the person to a term of imprisonment as authorized by ordinance or code;

B. Sentence the person to pay a fine as authorized by ordinance or code;

C. Suspend the imposition of sentence, with or without placing the person on probation;

D. Pronounce sentence and suspend its execution, placing the person on probation;

E. Impose a period of detention as a condition of probation.
(Ord. 57839 3 (part), 1979.)

1.12.060 Infraction--Action taken by court.

Whenever any person has been found guilty of an infraction, the court shall make one or more of the following dispositions of the offender in any appropriate combination. The court may:

A. Sentence the person to pay a fine as authorized by ordinance or code;

B. Suspend the imposition of sentence, with or without placing the person on probation;

C. Pronounce sentence and suspend its execution, placing the person on probation.
(Ord. 57839 3 (part), 1979.)

1.12.070 Violation by organization--Action taken by court.

Whenever any organization has been found guilty of a general offense or infraction, the court shall make one or more of the following dispositions of the organization in any appropriate combination. The court may:

A. Sentence the organization to pay a fine as authorized by ordinance or code;

B. Suspend the imposition of sentence, with or without placing the organization on probation;

C. Pronounce sentence and suspend its execution, placing the organization on probation;

D. Impose any special sentence or sanction authorized by law.
(Ord. 57839 3 (part), 1979.)

1.12.080 Commencement of prosecution--Time limitation.

Except otherwise provided in Sections 1.12.090 through 1.12.110, prosecutions for other offenses must be commenced within the following periods of limitation:

A. For any general offense, one year;

B. For any infraction, six months.
(Ord. 57839 4 (part), 1979.)

1.12.090 Commencement of prosecution--Expiration of time period.

If the period prescribed in Section 1.12.080 has expired, a prosecution may nevertheless be commenced for:

A. Any offense a material element of which is either fraud or a breach of fiduciary obligation within one year after discovery of the offense by an aggrieved party or by a person who has a legal duty to represent an aggrieved party and who is himself not a party to the offense, but in no case shall this provision extend the period of limitation by more than three years; and

B. Any offense based upon misconduct in office by a public officer or employee at any time when the defendant is in public office or employment or within two years thereafter, but in no case shall this provision extend the period of limitation by more than three years;

C. Any offense involving failure to file a municipal earnings tax return.
(Ord. 57839 4 (part), 1979.)

1.12.100 Determination of commencement of offense and prosecution.

A. An offense is committed either when every element occurs, or, if a legislative purpose to prohibit a continuing course of conduct plainly appears at the time when the course of conduct or the defendant's complicity therein is terminated. Time starts to run on the day after the offense is committed.

B. A prosecution is commenced when an information is filed.
(Ord. 57839 4 (part), 1979.)

1.12.110 Inapplicability of period of limitation.

The period of limitation does not run:

A. During any time when the accused is absent from the state, but in no case shall this provision extend the period of limitation otherwise applicable by more than three years; or

B. During any time when the accused is concealing himself from justice either within or without this state; or

C. During any time when a prosecution against the accused for the offense is pending in this state.
(Ord. 57839 4 (part), 1979.)

1.12.120 Retroactivity of provisions.

The provisions of this code do not apply to or govern the construction of and punishment for any offense committed prior to January 1, 1979, or the construction and application of any defense to a prosecution for such an offense. Such an offense must be construed and punished according to the provisions of law existing at the time of the commission thereof in the same manner as if the ordinance codified in Sections 1.12.020 through 1.12.130 had not been enacted.
(Ord. 57839 5, 1979.)

1.12.130 Exclusivity of provisions.

All offenses defined by ordinance or chapter of the code of the City, and not repealed, shall remain in effect, but unless otherwise expressly provided or unless the context otherwise requires, the provisions of the ordinance codified in Sections 1.12.020 through 1.12.130 shall govern the construction of any such offenses committed after January 1, 1979, as well as the construction and application of any defense to a prosecution for such offenses.
(Ord. 57839 6, 1979.)

Return to Top of Charter, Code, and Ordinances.
Return to Title 1
Return to Code Table of Contents

HOME | KIDZONE | CATALOG | CONTACT US | SEARCH | HINTS