Cape mayor, cities oppose measure to cap municipal court fines for nuisance violations

Cape Girardeau Mayor Harry Rediger opposes state legislation that would cap municipal court fines for nuisance violations such as litter and weeds.

The measure, which has passed the Missouri Senate and is being considered by a state House committee, would cap fines at $200 for Missouri's municipal courts.

"Senate bill 572 is intended to punish one St. Louis County city that has imposed unreasonable fines for nuisance violations," Rediger wrote in a letter to the Southeast Missourian.

"The bill's reach goes too far by imposing restrictions that will affect our city and other communities' ability to keep neighborhoods cleaned up, picked up and desirable for residents."

The Missouri Municipal League and other cities have voiced similar concerns.

"By capping the fine at $200, the legislation removes incentives for violators to take care of their properties despite repeated citations," the mayor wrote.

The measure would lead to more derelict properties and decrease the attractiveness, health and safety of Cape Girardeau's neighborhoods, Rediger said.

Cape Girardeau and other cities need to be able to levy sufficient fines to force property owners to fix up their properties, he added.

Cape Girardeau's current city ordinances allow for fines up to $500, a maximum of three months in jail or both for litter and excessive-weeds violations.

Richard Sheets, deputy director of the Missouri Municipal League, said the legislation isn't needed.

"This is a solution looking for a problem," he said, adding it would eliminate the ability of cities to address nuisance problems.

Currently, in most cases, property owners end up addressing the problem to avoid paying escalating fines or going to jail, Sheets said.

Fines for nuisance issues typically amount to only a small fraction of the fines levied in city courts, he said.

Fines and forfeitures in Cape Girardeau's municipal court for all city violations including traffic offenses are projected to total more than $785,000 this fiscal year. That compares with just over $1 million for the previous year.

Finance director John Richbourg said the city is receiving less revenue because fewer tickets have been written. But the city doesn't depend on court revenue to make ends meet. Fines and forfeitures make up little more than 3 percent of Cape Girardeau's budget.

mbliss@semissourian.com

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