HomeMy Public PortalAboutORD14133 BILL NO. 2006-103
SPONSORED BY COUNCILMAN Crane
ORDINANCE NO. 1413 3
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI,ADDING A NEW SECTION
155, HABITUAL OFFENDERS, TO CHAPTER 18, MISCELLANEOUS, SECTION 1, OF
THE CODE OF THE CITY OF JEFFERSON, MISSOURI.
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
by adding one new section to read as follows:
18-155 Habitual Offenders.
A.) As used in this chapter,the term"habitual offender"shall be defined a ea rson who.
after the effective date of this ordinance,has at least three times in aay 365 day ep riod,
or five times in any 730 dam ep riod:
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. Anv violation of Chapter 21 of the City Code,or
b. Any violation of Chapter 8 of the City Code,or
L. Any violation of Chapter 5 of the City Code,or
d. Any violation of the following sections of the City Code:
18-75 Graffiti
22-30 Abandoned Motor Vehicles
Q 29-18 Connection to public sewer required.
It shall be unlawful for any ep rson to be a habitual offender.
Anv ep rson found to be InflU of hgjag a habitual offender shall be punished by a
fine of not less than Three Hundred Fifty and no/100 Dollars 3($ 50.00) and not less
than thirty days in igh
Di The Court shall not suspend imposition of sentence nor suspend execution of
sentence for any ep rson convicted of being a habitual offender unless the Court imposes
probation on the ep rson 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
• Drafter's Note: Deleted text is shown thas. Inserted text is shown thus.
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of Community Development shall estimate the total expected cost to the City
to abate the tie of violations committed by the habitual offender assuming
the al habitu offender continues to commit such violations d u r i n a the ee riod 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,
2. The habitual offender consents in writing,in a form approved b 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
days notice b 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.
If a ep rson is convicted more than once of being a habitual offender,the Court may
not suspend execution of sentence or imposition of sentence on the second or subsequent
conviction.
Section 2. This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
• Passed: _ - 0110, Approved:
/Pr. iding fficer Mayor
A APPROVED AS TO FORM:
Vlr�Zk Cit City OoNe'16r
• Drafter's Note: Deleted text is shown thus. Inserted text is shown thus.
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