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State Codes and Statutes

Statutes > Missouri > T12 > C190 > 190_180

Penalty for violation.

190.180. 1. Any person violating, or failing to comply with, theprovisions of sections 190.001 to 190.245 is guilty of a class Bmisdemeanor.

2. Each day that any violation of, or failure to comply with,sections 190.001 to 190.245 is committed or permitted to continue shallconstitute a separate and distinct offense and shall be punishable as suchhereunder; but the court may, in appropriate cases, stay the cumulation ofpenalties.

3. The attorney general of Missouri shall have concurrentjurisdiction with any and all prosecuting attorneys to prosecute persons inviolation of sections 190.001 to 190.245, and the attorney general orprosecuting attorney may institute injunctive proceedings against anyperson operating in violation of sections 190.001 to 190.245.

4. The prosecuting attorney for the county in which the violation ofa political subdivision's law, ordinance or regulation relating to theprovision of ambulance services occurs may prosecute such violations in thecircuit court of that county. The legal officer or attorney for thepolitical subdivision may be appointed by the prosecuting attorney asspecial assistant prosecuting attorney for the prosecution of any suchviolation.

5. A person, acting as owner, agent or otherwise, who holds a validlicense for an ambulance service, shall not, incident to such person'sbusiness or service of transporting patients, violate any applicable law,ordinance or regulation of any political subdivision by providing ambulanceservices or operating any ambulances without a franchise, contract ormutual-aid agreement in such political subdivision, or by violating anysuch franchise, contract or mutual-aid agreement by any politicalsubdivision which has enacted ordinances making it unlawful to do so. Ifthe department receives official written notification by a politicalsubdivision that an ambulance service has been adjudicated and found to bein violation of any applicable law or ordinance, such ambulance serviceshall be subject to licensure action by the department.

6. No provision of this section is intended to limit or supersede apolitical subdivision's right to enforce any law, ordinance, regulation,franchise, contract or mutual-aid agreement.

7. The provisions of subsections 4, 5 and 6 of this section shall notapply to a city not within a county and any county with a population ofover nine hundred thousand inhabitants and any licensed ambulance servicewhen operating in a city not within a county.

(L. 1973 S.B. 57 § 17, A.L. 1998 S.B. 743)