HomeMy Public PortalAboutORD14336 BILL NO. 2007-164
• SPONSORED BY COUNCILWOMAN Layton
ORDINANCE NO. I q-3 3�0
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI,AMENDING CHAPTER 18
(MISCELLANEOUS), SECTION 155 (HABITUAL OFFENDERS), TO MAKE THE
SECTION AN ENHANCED PENALTY CHARGE.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. The City Code,Chapter 18, Miscellaneous Offenses, is hereby amended
as follows:
Sec. 18-155. Habitual Offenders.
A. As used in this chapter,the term"habitual offender"shall be defined a person who,after the effective date of
this ordinance,has at least three times in any 365 day period,or five times in any 730 day period:
1. been ordered to abate a code violation after a hearing(including a hearing for which the person had
notice but did not attend);or
2. has been convicted in municipal court for violation of:
a. Any violation of Chapter 21 of the City Code,or
b. Any violation of Chapter 8 of the City Code,or
C. Any violation of Chapter 5 of the City Code,or
d. Any violation of the following sections of the City Code:
(1) 18-75 Graffiti
(2) 22-30 Abandoned Motor Vehicles
(3) 29-18 Connection to public sewer required.
B. it shall be ttniavy ful fox rmy pe,suit to be a habitual offendet. A habittial oftendex shall
B.E Any person found to be guilty of a code violation identified in subsection A.2 and found by the court to be
being a habitual offender shall be punished by a fine of not less than Three Hundred Fifty and no/100 Dollars
($350.00)and not less than thirty(30)days in jail.
C.a The Court shall not suspend imposition of sentence nor suspend execution of sentence for any person found
guilty of a code violation identified in subsection A.2 and found by the court to be to convicted of bein
a habitual offender unless the Court imposes probation on the person of not less than one year with at least the
following conditions of probation:
1. The habitual offender shall post a bond in an amount determined by the Court based upon a
recommendation from the Director of Community Development or his designee. In making such a
recommendation the Director of Community Development shall estimate the total expected cost to the
Drafter's Note: Deleted text is shown tlms. Inserted text is shown thus
City to abate the type of violations committed by the habitual offender assuming the habitual offender
continues to commit such violations during the period of probation,as well as administrative fees and
the costs to prosecute such expected violations. Such bond shall be held by the Director of
Community Development who shall account separately for the bond fund of each habitual offender;
and
2. The habitual offender consents in writing,in a form approved by the Court,to allow the Director of
Community Development to apply his or her bond to the costs of abating any code violation
committed by the habitual offender during the term of the probation, provided however that the
Director of Community Development shall give the habitual offender not less than ten(10)days notice
by registered mail of his intent to apply such bond funds, and, provided further that the habitual
offender may appeal the action of the Director of Community Development to the Court and if the
Court finds after a hearing that the habitual offender did not violate the City Code,then said sums shall
be refunded to the habitual offender's bond fund. The Court may stay the action of the Director for
up to 45 days.
D. E. if a PCISOLI is convicted mote thmi once ofbeing a habitual offendei, the Gattit may not stispend
exectition of sentence or imposition of sentence on the second or subsequent convieti
The Court shall not suspend imposition of sentence nor suspend execution of sentence for any person
found guilty of a code violation identified in subsection A.2 and found by the court to be a
habitual offender of a second or subsequent conviction.
(Ord. 14133, §1, 12-4-2006)
Section 2. This Ordinance shall be in full force and effect from and after the date
of its passage and approval. p
Passed: Q Approve 2�
siding Officer Mayor
A EST: PP3ZQVED O FORM:
X k City Counse or