79.470. Board to set penalties, limitation. — For all ordinance violations the board of aldermen may impose penalties not exceeding a fine of five hundred dollars and costs, or ninety days' imprisonment, or both the fine and imprisonment. Where the city and state have a penalty for the same offense, the board shall set the same penalty by ordinance as is set by statute, except that imprisonments, when made under city ordinances, may be in the city prison or workhouse instead of the county jail.
Notes of Decisions
Cited in
6
cases, 1961–2004 · leading case:
Sullivan v. Dalton, 795 S.W.2d 389 (Mo. 1990).
Sullivan v. Dalton, 795 S.W.2d 389 (Mo. 1990).
· cites it 5× “Section 79.470 RSMo 1986, applicable to fourth class cities, permits such cities to "impose penalties not exceeding a fine of five hundred dollars and costs, or ninety days imprisonment, or both the fine and imprisonment.”
City of Odessa v. Borgic, 456 S.W.2d 611 (Mo. Ct. App. 1970).
· cites it 6× “Section 79.470 (all statutory references are to R.”
Thunder Oil Co. v. City of Sunset Hills, 349 S.W.2d 82 (Mo. 1961).
· cites it 3× “The enforcement of city ordinances by fines, even with the present provision that each day of refusal or failure shall constitute a separate offense, has become an almost universal practice.”
City of Pleasant Valley v. Baker, 991 S.W.2d 725 (Mo. Ct. App. 1999).
· cites it 2× “Although Appellant acknowledges that § 79.470 allows Pleasant Valley, a fourth class city, to impose limited penalties for violations of its ordinances, he contends that that statute is itself unconstitutional under Article I, § 31 of the Missouri Constitution.”
Hardesty v. City of Buffalo, 155 S.W.3d 69 (Mo. Ct. App. 2004).
“460 (amended in 1978); § 79.470 (amended in 1971); § 79.480 (added in 1933); § 79.”
State ex rel. Doorack v. Lewis, 439 S.W.2d 541 (Mo. Ct. App. 1969).
“) Instead, the issue presented below and reviewable here is the application of a police power statute, § 79.470, V.A.M.S., to Lad-ue’s ordinance under which the relators are charged.”
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