One-Year Limitation on Misdemeanor / Ordinance Violation Prosecutions
RSMo §556.036.2(2) provides a one-year statute of limitations for misdemeanors and infractions under Missouri law. Missouri courts have applied this period to ordinance prosecutions (City of Maryland Heights v. Heitz, and progeny), meaning a city must commence prosecution of a parking violation within one year of the date of the offense. Failure to do so bars the action. Note: civil collection of an unpaid parking fee may be subject to a longer general civil limitation under RSMo §516.110 / §516.120, but the underlying ordinance prosecution itself must be commenced within the one-year period.
Legal basis
RSMo §556.036.2(2) (one-year SOL for ordinance prosecutions); RSMo §556.011; City of Maryland Heights v. Heitz line of cases
Sample appeal wording
TO: [City] Municipal Court RE: Citation [TICKET_NUMBER] — Statute of Limitations I assert the affirmative defense of statute of limitations under RSMo §556.036.2(2). The citation alleges a violation on [VIOLATION_DATE]. The City did not commence prosecution by filing a complaint or information against me until [FILING_DATE], which is more than one year after the alleged offense. The action is time-barred. I request dismissal with prejudice and release of any associated penalties. Signed, [FULL_NAME] Date: [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- RSMo §556.036.2(2)
- RSMo §556.011
- Missouri municipal-court case law