(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
(B) Any person found guilty of violating the provisions of § 74.046 shall be sentenced and fined in accordance with RSMo. §§ 479.353 through 479.530 as currently enacted and amended, and a six month suspension of right to use such vehicle.
(C) (1) Any person who violates the provisions of § 74.072 is guilty of a misdemeanor and upon conviction, shall be punished as follows:
(a) For the first offense, by a fine of not less than $50 and not more than $500, or by imprisonment in jail for not more than 90 days, or by both such fine and imprisonment;
(b) For the second offense within a three-year period, by a fine of not less than $100 and not more than $500, and by imprisonment for a term of not less than five days and not more than 90 days, or by both such fine and imprisonment; and
(c) For the third and subsequent offenses within a three-year period, by a fine of not less than $250.00 and not more than $500.00, and by imprisonment in jail for a term of not less than 15 days and not more than 90 days, or by both such fine and imprisonment.
(2) Evidence of prior convictions shall be heard and determined by the trial court, out of the hearing of the jury prior to the submission of the case to the jury, and the court shall enter its findings thereon.
(3) Any person convicted of an intoxication-related offense shall have a judgment entered against that person in favor of the spinal cord injury fund in the amount of $25.
(a) Judgments collected pursuant to this section shall be paid into the State Treasury to the credit of the spinal cord injury fund created in RSMo. § 304.027. Any court clerk receiving funds pursuant to judgments entered pursuant to this section shall collect and disburse such amounts as provided in RSMo. §§ 488.010 to 488.020.
(b) As used in this section, an “intoxication-related traffic offense” is driving while intoxicated, driving with excessive blood alcohol content, driving under the influence of drugs, or assault while intoxicated.
(Ord. 442, passed 8-8-2018)