CODE OF ORDINANCES CITY OF DES PERES, MISSOURI

Transcription

CODE OF ORDINANCES CITY OF DES PERES, MISSOURI
____________
CONTAINING THE GENERAL ORDINANCES OF THE CITY
____________
Published in 1988 by Order of the Board of Aldermen
____________
CURRENT OFFICIALS
of the
CITY OF DES PERES, MISSOURI
____________
Rick Lahr
Mayor
____________
Kathleen Gmelich
John Pound
James Kleinschmidt
Paul Raczkiewicz
Mark Becker
Sean Concagh
Aldermen
____________
Douglas J. Harms
City Administrator
____________
Kevin O'Keefe
City Attorney
____________
Amanda J. Foster
City Clerk
PREFACE
This Code is a codification of the ordinances of Des Peres, Missouri, of a general and permanent nature and is the first such codification since 1980.
The chapters of the Code are arranged in alphabetical order and the sections within each chapter are catchlined to facilitate usage. Footnotes which
tie related sections of the Code together and which refer to relevant provisions of the sate law have been included. A table listing the sate law citations
and setting forth their location within the Code is included at the back of this volume. The source of each section is indicated by the history note
appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the
adoption of the Code. By use of the Comparative Tables also appearing in the back of the volume, any ordinance included herein can be readily found in
the Code.
Numbering System
The numbering system used in this Code is the same system used in many state and local government codes. Each section number consists of two
component parts separated by a dash, the figure before the dash representing the chapter number and the figure after the dash indicating the position
of the section within the chapter. Thus, the first section of Chapter 1 is numbered 1-1 and the twelfth section of Chapter 8 is 8-12. Under this system, each
section is identified with its chapter, and, at the same time, new sections or even whole chapters can be inserted in their proper places, simply by using
the decimal system for amendments. By way of illustration: If new material consisting of three sections that would logically come between sections 11-16
and 11-17 is desired to be added, such new sections would be numbered 11-16.1, 11-16.2 and 11-16.3, respectively. New chapters may be included in the
same manner. If the new materials is to be included between Chapters 10 and 11, it will be designated as Chapter 10.5. Care should be taken that the
alphabetical arrangement of chapters is maintained when including new chapters. New articles and new divisions may be included in the same way or, in
the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article
embracing the subject, the next successive number being assigned to the article or division.
Index
The index has been prepared with the greatest of care. Each articular item has been placed under several headings, some of the headings being
couched in lay phraseology, others in legal terminology and still others in language generally used by government officials and employees. There are
numerous cross references within the index itself which stand as guideposts to direct the user to the particular item in which he is interested.
Looseleaf Supplements
A special feature of this Code is the looseleaf system of binding and supplemental service, by which the Code will be kept up-to-date periodically.
Upon the final passage of amendatory ordinances, they will be properly edited and the page or pages affected will be reprinted. These new pages will be
distributed to holders of copies of the Code, with instructions for the manner of inserting the new pages and deleting the obsolete pages.
The successful maintenance of the Code up-to-date at all times will depend largely upon the holder of the volume. As revised sheets are received it
will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by
the publishers that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved
and filed for historical reference purposes.
Acknowledgments
The publication of this Code was under the direct supervision of James S. Vaught, Supervising Editor, of the Municipal Code Corporation, Tallahassee,
Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.
The publishers are most grateful to the City Administrator, Mr. Douglas J. Harms, and Mr. Kevin O'Keefe, for their cooperation and assistance during
the progress of the work on this Code.
MUNICIPAL CODE CORPORATION
Tallahassee, Florida
ADOPTING ORDINANCE
ORDINANCE NO. 1329
An Ordinance Adopting and Enacting a New Code for the City of Des Peres, Missouri; Proving for the Repeal of Certain Ordinances Not Included Therein;
Providing a Penalty for the Violation Thereof; Providing for the Manner of Amending Such Code; and Providing When Such Code and This Ordinance Shall
Become Effective.
Be It Ordained by the Board of Aldermen of the City of Des Peres, Missouri, as Follows:
Section One: The Code entitled "Code of Ordinances, City of Des Peres, Missouri", published by Municipal Code Corporation consisting of Chapters 1
through 18, each inclusive, is hereby adopted.
Section Two: All ordinances of a general and permanent nature enacted on or before March 14, 1988, and not included in the Code or recognized
and continued in force by reference therein are repealed.
Section Three: The repeal provided for in Section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a
subsequent ordinance which is repealed by this ordinance.
Section Four: Unless another penalty is expressly provided, every person convicted of a violation of any provision of the Code or any ordinance of
the City shall be punished by a fine not exceeding five hundred dollars and no cents ($500.00) or imprisonment for a term not exceeding ninety (90) days
or by both such fine and imprisonment. Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense.
The penalty provided by this section, unless another penalty is expressly provided shall apply to the amendment of any Code section whether or not such
penalty is re-enacted in the amendatory ordinance. In addition to the penalty prescribed above, the City may pursue other remedies such as abatement
of nuisances, injunctive relief, and revocation of licenses or permits.
Section Five: Any and all additions and amendments to the Code when passed in the form as to indicate the intention of the Board of Aldermen to
make the same a part of the Code so that reference to the Code shall be understood and intended to include the additions and amendments.
Section Six: Ordinances adopted after March 14, 1988, that amend or refer to ordinances that have been codified in the Code shall be construed as if
they amend or refer to like provisions of the Code.
Section Seven: This ordinance, following passage and approval by the Board of Aldermen and the Mayor of Des Peres, Missouri, will become
effective on July 1, 1988.
Passed this 27th day of June, 1988.
/s/ Shirley Sweet
Presiding Officer
ATTEST:
/s/ Douglas J. Harms
City Administrator/City Clerk
Approved this 27th day of June, 1988.
/s/ Shirley Sweet
Mayor
ATTEST:
/s/ Douglas J. Harms
City Administrator/City Clerk
1st Reading 6/13/88
2nd Reading 6/27/88
3rd Reading 6/27/88
SUPPLEMENT HISTORY TABLE
The table below allows users of this Code to quickly and accurately determine what ordinances have been considered for codification in each
supplement. Ordinances that are of a general and permanent nature are codified in the Code Book and are considered "Includes." Ordinances that are
not of a general and permanent nature are not codified in the Code Book and are considered "Omits."
In addition, by adding to this table with each supplement, users of this Code of Ordinances will be able to gain a more complete picture of the code's
historical evolution.
Ord. No.
Date
Adopted
Include/
Omit
Supp. No.
2515
ௐ9-28-09
Include
20
2517
10-12-09
Include
20
2522
12-14-09
Include
20
2530
12-14-09
Omit
20
2534
ௐ3-22-10
Include
20
2538
ௐ6-14-10
Include
20
2540
ௐ6-14-10
Include
20
2541
ௐ6-14-10
Omit
20
2547
ௐ8-23-10
Include
20
2548
ௐ8-23-10
Include
20
2560
12-13-10
Include
20
2561
12-13-10
Include
20
2562
12-13-10
Include
20
2563
12-13-10
Include
20
2565
ௐ1-24-11
Include
20
2566
ௐ1-24-11
Include
20
2581
ௐ8-ௐ8-11
Include
20
2590
ௐ9-12-11
Include
20
2591
10-10-11
Include
20
2596
11-28-11
Include
20
2602
12-12-11
Include
20
2606
ௐ1-23-12
Include
21
2607
ௐ2-27-12
Include
21
2608
ௐ3-12-12
Include
21
2609
ௐ3-12-12
Include
21
2614
ௐ4-ௐ9-12
Include
21
2616
ௐ5-14-12
Include
21
2624
ௐ6-25-12
Include
21
2625
ௐ6-25-12
Include
21
2628
ௐ8-13-12
Include
22
2629
ௐ8-13-12
Include
22
2631
ௐ8-27-12
Include
22
2633
ௐ9-10-12
Include
22
2639
11-13-12
Include
23
2644
11-13-12
Include
23
2646
11-26-12
Include
23
2658
ௐ2-25-13
Include
24
2670
ௐ8-26-13
Include
24
2673
ௐ9-ௐ9-13
Include
24
2683
ௐ1-27-14
Include
25
2684
ௐ2-10-14
Include
25
2697
ௐ6-ௐ9-14
Include
26
2705
11-24-14
Include
26
2707
11-24-14
Include
26
2542
ௐ8-ௐ9-10
Include
27
2556
10-25-10
Include
27
2618
ௐ4-ௐ9-12
Include
27
2622
ௐ6-11-12
Include
27
2680
ௐ1-13-14
Include
27
2711
ௐ1-12-15
Include
27
2713
ௐ2-ௐ9-15
Include
27
2716
ௐ2-ௐ9-15
Include
27
2718
ௐ2-23-15
Include
27
Chapter 1 - GENERAL PROVISIONS
Sec. 1-1. - How Code designated and cited.
This Code shall be known and may be cited as the "Code of Ordinances, City of Des Peres Missouri," or simply as "the Code of Ordinances" or "the
Code."
Editor's note— Pursuant to Ordinance Number 67 passed by the Board of Trustees of the Town of Des Peres on August 30, 1954, submitted to the
electors of the Town of Des Peres on September 21, 1954, and approved by a majority, the City of Des Peres was incorporated as, and is now, a city of the
fourth class under the laws of the state.
Sec. 1-2. - Ordinances saved from repeal generally.
Nothing contained in this Code of Ordinances or the ordinance adopting this Code shall be construed to repeal or otherwise affect the following:
(1)
Any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective
date of this Code;
(2)
Any ordinance promising or guaranteeing the payment of money for the city, or authorizing the issuance of any bonds of the city or any
evidence of the city's indebtedness, or any contract or obligation assumed by the city;
(3)
Any ordinance fixing salaries of officers or employees of the city not inconsistent with such Code;
(4)
Any appropriation ordinance;
(5)
Any right or franchise granted by the board of aldermen to any person, firm or corporation;
(6)
Any ordinance dedicating, naming, establishing, locating, relocating, opening, closing, paving, widening, vacating, or in any way affecting any
street or public way in the city;
(7)
Any ordinance establishing and prescribing the street grades of any street in the city;
(8)
Any ordinance providing for local improvements or assessing taxes therefor;
(9)
Any ordinance dedicating or accepting any plat or subdivision in the city;
(10)
Any ordinance establishing traffic regulations for specific streets or portions thereof, not inconsistent with this Code;
(11)
Any ordinance annexing property to the city, or providing for the boundaries of the city;
(12)
Any zoning or subdivision ordinance of the city;
(13)
Any ordinance levying taxes, not in conflict or inconsistent with the provisions of this Code;
(14)
Any sign ordinance of the city;
(15)
Any ordinance enacted after March 14, 1988.
Such repeal shall not be construed to revive any ordinance or part of an ordinance which is repealed by this Code.
Sec. 1-3. - Definitions and rules of construction.
In the construction of this Code and of all ordinances of the city, the following rules shall be observed, unless such construction would be
inconsistent with the manifest intent of the board of aldermen or the context clearly requires otherwise:
Board of aldermen. The words "board of aldermen" shall mean the board of aldermen of the City of Des Peres, Missouri.
City. The words "the city" or "this city" shall be construed as if followed by the words "of Des Peres, Missouri."
Code. The words "the Code" or this Code" shall mean the "Code of Ordinances, City of Des Peres, Missouri."
Computation of time. The time in which any act provided by law is to be done is computed by excluding the first day and including the last, unless the
last day is a Sunday, in which case it shall also be excluded.
State Law reference— Similar provisions, RSMo. § 1.040.
County. The words "the county" or "this county" shall mean the County of St. Louis.
Day. "Day" is any period of twenty-four (24) hours.
Daytime, nighttime. "Daytime" is the period of time between sunrise and sunset. "Nighttime" is the period of time between sunset and sunrise.
Gender. Words importing the masculine gender include the feminine and neuter.
In the city. The words "in the city" shall mean and include all territory over which the city now has, or shall hereafter acquire, jurisdiction for the
exercise of its police powers or other regulatory powers.
Joint authority. All words giving a joint authority to three (3) or more persons or officers shall be construed as giving such authority to a majority of
such persons or officers.
Misdemeanor. See section 1-10 of this Code.
Month. The word "month" shall mean a calendar month.
State Law reference— Similar provisions, RSMo. § 1.020(6).
Number. The singular number includes the plural, and the plural includes the singular.
Oath. The word "oath" shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in
such cases, the word "swear" or" sworn" shall be equivalent to the words "affirm" and "affirmed."
Officers, departments, etc. Officers, departments, boards, commissions, committees and employees referred to in this Code shall mean officers,
departments, boards, commissions, committees and employees of the city, unless the context clearly indicates otherwise.
Official time. Whenever certain hours are named in this Code, they shall mean Central Standard Time or Daylight Saving Time, as may be in current
use in the city.
Owner. The word owner, applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant
or tenant by the entirety of the whole or of a part of such building or land.
Person. "Person" includes any person, firm, association, organization, partnership, business trust, corporation or company and any other group acting
as a unit. It shall also include an executor, administrator, trustee, receiver or other representative appointed according to law. Whenever the word
"person" is used in any section of this Code prescribing a fine or penalty, as to partnerships or associations, the word shall include the partners or
members thereof, and as to corporations, shall include the officers, agents or members thereof who are responsible for any violation of such section.
Personal property. "Personal property" includes money, goods, chattels, choses in action and evidences of debt.
Preceding, following The words "preceding" and "following" mean next before and next after, respectively.
Process. "Process" includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature.
Property. The word "property" shall include real and personal property.
Real property. "Real property" shall include lands, tenements and hereditaments.
Shall, may. "Shall" is mandatory; "may" is permissive.
Signature or subscription by mark. "Signature" or "subscription" includes a mark when the signer or subscriber cannot write, such signer's or
subscriber's name being written near the mark by a witness who writes his/her own name near the signer's or subscriber's name; but, a signature or
subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two (2) witnesses so sign their
own names thereto.
State. The words "the state" or "this state" shall be construed to mean the State of Missouri.
Tenant or occupant. The word "tenant" or "occupant," applied to a building or land, shall include any person holding a written or an oral lease of, or
who occupies the whole or a part of such building or land, either alone or with others.
Tenses. The present tense includes the past and future tenses, and the future includes the present.
Week. A week consists of seven (7) consecutive days.
Writing. Writing includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement
or record is required or authorized by this Code, it shall be made in writing in the English language, unless expressly provided otherwise.
Year. The word "year" shall mean a calendar year.
All general provisions, terms, phrases and expressions contained in this Code shall be liberally construed in order that the true intent and meaning of
the board of aldermen may be fully carried out.
(Code 1980, § 700.010)
State Law reference— Definitions, rules of construction, RSMo. § 1.020 et seq.
Sec. 1-4. - Provisions considered as continuations of existing ordinances.
The provisions appearing in this Code, so far as they are the same as those of ordinances existing at the time of the effective date of this Code, shall
be considered as continuations thereof and not as new enactments.
Sec. 1-5. - Effect of repeal, etc., of ordinances.
(a) The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect.
(b)
The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding
pending at the time of the repeal, for any offense committed under the ordinance repealed.
Sec. 1-6. - Severability of parts of Code.
It is hereby declared to be the intention of the board of aldermen that the sections, paragraphs, sentences, clauses and phrases of this Code are
severable, and if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional or invalid by the valid judgment or
decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this Code.
(Code 1980, § 710.010)
Sec. 1-7. - Catchlines of sections.
The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the section
and shall not be deemed or taken to be titles of such sections, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed
when any of such sections, including the catchlines, are amended or reenacted.
(Code 1980, § 700.030)
Sec. 1-8. - Supplementation of Code.
(a) By contract or by city personnel, supplements to this Code shall be prepared and printed whenever authorized or directed by the board of aldermen.
A supplement to the Code shall include all substantive permanent and general parts of ordinances passed by the board of aldermen or adopted by
initiative and referendum during the period covered by the supplement and all changes made thereby in the Code. The pages of a supplement shall
be so numbered that they will fit properly into the Code and will, where necessary, replace pages which have become obsolete or partially obsolete,
and the new pages shall be so prepared that, when they have been inserted, the Code will be current through the date of the adoption of the latest
ordinance included in the supplement.
(b)
In preparing a supplement to this Code, all portions of the Code which have been repealed shall be excluded from the Code by the omission thereof
from reprinted pages.
(c)
When preparing a supplement to this Code, the codifier (meaning the person, agency or organization authorized to prepare the supplement) may
make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to
embody them into a unified code. For example, the codifier may:
(1)
Organize the ordinance material into appropriate subdivisions;
(2)
Provide appropriate catchlines, headings and titles for sections and other subdivisions of the Code printed in the supplement, and make
changes in such catchlines, headings and titles;
(3)
Assign appropriate numbers to sections and other subdivisions to be inserted in the Code and, where necessary to accommodate new material,
change existing section or other subdivision numbers;
(4)
Change the words "this ordinance" or words of the same meaning to "this chapter," "this article," "this division," etc., as the case may be, or to
"sections ____________ to ____________" (inserting section numbers to indicate the sections of the Code which embody the substantive sections of
the ordinance incorporated into the Code); and
(5)
Make other nonsubstantive changes necessary to preserve the original meaning of ordinance sections inserted into the Code;
but in no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the
Code.
Sec. 1-9. - Altering Code.
It shall be unlawful for any person in the city to change or amend by additions or deletions, any part or portion of this Code, or to insert or delete
pages, or portions thereof, or to alter or tamper with such Code, in any manner whatsoever which will cause the law of the city to be misrepresented
thereby. Any person, firm or corporation violating this section shall be punished as provided in section 1-10 hereof.
Sec. 1-10. - General penalty; continuing violations.
(a) Where, by any provision of this Code or any other ordinance of the city, or any rule or regulation promulgated pursuant thereto, the doing of or the
failure to do any thing or act is prohibited, declared to be a misdemeanor, an offense or unlawful, and no other penalty or punishment is provided
therefor, the same shall be punishable by a fine not to exceed one thousand dollars ($1,000.00) or a jail sentence not to exceed ninety (90) days or by
both such fine and jail sentence unless a lesser penalty be required by law, in which event the punishment shall not exceed such lesser penalty
required by law, any provision of this Code or other ordinance to the contrary notwithstanding. "Misdemeanor" shall be construed to mean a
violation of any ordinance of the city.
(b)
Except as otherwise provided, every day any such violation shall continue shall constitute a separate offense.
(Ord. No. 2320, § 1, 3-28-05)
Cross reference— Alcoholic beverages, Ch. 4; civil defense, Ch. 7; motor vehicles and traffic, Ch. 14; municipal court, Ch. 15.
State Law reference— Penalty limits, RSMo. § 79.470.
Sec. 1-11. - When same offense punishable under different ordinances, etc.
In all cases wherein the same offense may be made punishable, or shall be created, by different provisions of this Code or other ordinances of the
city, or by different clauses or sections of the same ordinance, the prosecuting officer may elect under which to proceed, but not more than one (1)
recovery or penalty shall be had or enforced against the same person for the same offense, provided that the revocation of a license or permit shall not
be considered a recovery or penalty so as to bar any other penalty or recovery being enforced or had.
Sec. 1-12. - Parties to an offense.
Every person who commits, attempts to commit, conspires to commit, or aids or abets in the commission of any act declared herein to be unlawful or
an offense or a misdemeanor, whether individually or in connection with one (1) or more other persons or as principal, agent or accessory, shall be guilty
of such unlawful act or offense or misdemeanor, and every person who falsely, fraudulently, forcibly or willfully induces, causes, coerces, requires,
permits or directs another to violate any provision hereof shall likewise be guilty.
Sec. 1-13. - Incorporation of state and county laws.
(a) Whenever reference is made to any law of the State of Missouri, then, unless otherwise provided, such reference shall be prospective.
(b)
Whenever reference is made to any ordinance of St. Louis County, then, unless otherwise provided, such reference shall be prospective, and any
specification of chapter or section in the Revised Ordinances of St. Louis County shall be for convenience only, and shall not indicate any intention
that the reference shall not be prospective.
(Code 1980, § 700.020)
Sec. 1-14. - Equitable relief to aid in enforcement of ordinances.
In addition to any other penalties established for violations of any of the ordinances of the city and/or any provisions or sections of this Code of
Ordinances, the official of the city responsible for enforcement of any such ordinance or code section may, after approval by the board of aldermen,
apply to a court of competent jurisdiction for such legal or equitable relief as may be necessary to enforce compliance with the provisions of this Code of
Ordinances and any other ordinances adopted by the city. In such action the court may grant such legal or equitable relief, including, but not limited to,
mandatory or prohibitory injunctive relief, as the facts may warrant.
(Ord. No. 1345, § 1, 8-22-88)
Sec. 1-15. - Ordinance enforcement and administration.
(a) In enforcing or administering the ordinances of the city, no permit, license, franchise or approval of any kind shall be granted to any applicant (i) who
is charged with, or in violation of, any relevant law, or (ii) who is related to or associated with a related person or entity who is charged with, or in
violation of, any relevant law, until such time as the applicant or the related person or entity resolves the pending charge or comes into compliance
with the relevant law.
(b)
The reviewing or enforcement officer may consider the past violations of relevant law by an applicant or a related person or entity in considering
whether to issue a permit, license, franchise or approval requested by an applicant.
(c)
For the purposes of this section, the following terms shall have the following meanings:
Applicant means an individual, corporation, firm, partnership, joint venture, association, organization or entity of any kind, and any shareholder,
owner, officer, partner, joint venturer or member of such entity, or any other person holding an ownership interest in such entity.
Relevant law means (A) any statute or regulation of the United States or the State of Missouri, (B) any lawful ordinance, regulation, condition, term
or order of the city or (C) any final judgment or order of any court of competent jurisdiction, when the statute, ordinance, regulation, condition, term,
judgment or order regulates conduct or conditions germane to the issuance of the requested permit, license, franchise or approval as provided by
the applicable ordinance or code section of the city.
Related person or entity means (A) a firm, partnership, joint venture, association, organization or entity of any kind in which the applicant holds
any stock, title, or other ownership interest of at least twenty (20) percent, or (B) an individual, firm, partnership, joint venture, association,
organization or entity of any kind, whose affairs the applicant has the legal or practical ability to direct, either directly or indirectly, whether by
contractual agreement, majority ownership interest, any lessor ownership interest, familial relationship or in any other manner.
(Ord. No. 2321, § 1, 3-28-05)
Chapter 2 - ADMINISTRATION[1]
ARTICLE I. - IN GENERAL
Sec. 2-1. - Salaries of mayor and board of aldermen.
The mayor and board of aldermen shall receive such salaries as may be prescribed by ordinance; provided, however, that, the salary of the mayor or
the members of the board of aldermen shall not be increased during their term of office.
(Code 1980, § 110.090; Ord. No. 1182, § 1, 5-12-86; Ord. No. 1722, § 1, 4-24-95)
State Law reference— Salaries, RSMo. § 79.270.
Sec. 2-2. - Receipt by city of gifts, bequests and donations.
(a) The city may upon authorization by the mayor and board of aldermen receive gifts, bequests and donations.
(b)
Prior to receipt of any gift, bequest or donation the board of aldermen shall authorize acceptance by the passage of an ordinance or resolution by
the vote of a majority of the board.
(Code 1980, § 100.050)
Sec. 2-3. - Meetings of boards and commissions.
(a) All boards and commissions of the city, other than the board of aldermen and the personnel board, shall establish a schedule of periodic meetings
reflecting the day, time, and place at which they shall conduct their business. A copy of such schedule shall be filed with the city administrator and
the board of aldermen and made available to the public. Each board and commission may also provide for the process by which special or additional
meetings may be called and held from time to time. The personnel board shall establish rules governing the process by which meetings in response
to petitions filed with the board shall be scheduled.
(b)
All regular meetings reflected on the schedule of meetings shall be held on the day and time specified, unless there are no matters pending or
requiring consideration by the respective board or commission at that time. If there are no matters pending or requiring consideration, the chairman
of the board or commission shall file a notice of cancellation of any regular meeting, including the reason therefor, with the city administrator at least
three (3) days prior to the scheduled meeting date.
(c)
In the event that emergency conditions then prevailing would present a danger to the board or commission members or the public if a regularly
scheduled or special meeting were to be held, the chairman of the board or commission may cancel such meeting.
(Ord. No. 1523, § 1, 3-9-92)
Sec. 2-4. - City seal.
(a) The seal of the city shall be circular in shape, one and one-half (1½) inches in diameter with the word "SEAL" in the center and the words "CITY OF
DES PERES" and "ST. LOUIS COUNTY, MO" cut thereon in a circular form around the outside edge.
(b)
The official seal of the city shall be kept in the custody of the city clerk or his/her designated representative. No impression of such seal upon any
document or writing shall be valid or binding unless the same be duly attested by the proper officer of this city and duly authenticated by law.
(Ord. No. 1536, § 1, 4-13-92)
Sec. 2-5. - City logo.
(a) The city logo shall be a shield having the front elevation of the city hall depicted thereon with the name "DES PERES" in the center on a banner
imposed thereon. A copy of said logo is attached to Ordinance No. 1536 and made a part hereof as Exhibit A.
(b)
It shall be unlawful for anyone to utilize the city logo on other than official documents, printings or memorabilia issued by the city.
(c)
The board of aldermen of the City of Des Peres, upon receipt of an application on a form provided by the city, may authorize specific use of the city
logo by a party other than the City of Des Peres. Said authorization may be withdrawn at any time with or without cause by a majority vote of the
board of aldermen.
(Ord. No. 1536, § 1, 4-13-92)
Sec. 2-6. - City flag.
(a) The official city flag shall be white with the official city logo imposed thereon.
(b)
Nothing herein shall preclude the official city flag from being utilized by parties other than the city in accordance with Sections 410.040(3) and
410.050(B)(5) of Appendix A of this Code.
(Ord. No. 1536, § 1, 4-13-92)
Sec. 2-7. - Expense reimbursement.
Employee expenses shall be reimbursed and/or advanced only in accordance with this section. For purposes of this section, the term "expenses"
shall refer only to expenses actually and necessarily incurred in the performance of the official business of the city. The term "employee" shall include all
persons employed by the city and all elected and appointed officials.
(1)
Any employee incurring any expense as defined in this section and seeking reimbursement of same may submit to the city administrator a
voucher certified as being true and correct. Said voucher shall be submitted in a form as required by the city administrator not more than ten
(10) days after the expense is incurred. The city administrator shall review such expense vouchers, shall make such investigation as may be
appropriate and shall reimburse to the employee only those expenses properly incurred.
(2)
The city administrator may advance payment of projected expenses as authorized by the board of aldermen when the projected expenses to be
incurred would pose a financial burden on the employee. If such an advance is authorized, within ten (10) days after such expenses are actually
incurred the employee shall submit to the city administrator a voucher for the expenses actually and necessarily incurred and any balance of the
advance remaining after expenditure.
(Ord. No. 1722, § 2, 4-24-95)
Sec. 2-8. - Indemnification of city officials and employees.
(a) Defense of suits and claims. If a city official or employee requests the city to defend him against any claim or action against him for an injury alleged to
arise out of an act or omission occurring within the scope of his duties or employment as an official or employee of the city and such request is made
in person or in writing to the city administrator no later than twenty (20) days after service of process or notification of impending claim or suit, the
city shall investigate, defend, negotiate or compromise such claims, actions or judgment resulting from trial, on behalf of the official or employee, as
deemed appropriate by the board of aldermen and the city attorney. For purposes of this section, the term "compromise" shall include settlements
of claims or of judgments.
(b)
Exclusions. In no event shall protection be afforded under this section by the city to:
(1)
Any dishonest, fraudulent, criminal, willful, wanton, intentional or malicious act or course of conduct of an official or employee; or
(2)
Any act or course of conduct of an official or employee which is not performed on behalf of the city; or
(3)
Any act or course of conduct which is outside the scope of an official's or employee's service or employment with the city; or
(4)
Any lawsuit brought against an official or employee by the city; or
(5)
Any act or omission contrary to or not in furtherance of any adopted city ordinance or policy; or
(6)
Any liability or property damage incurred as a result of an employee's use of a personal vehicle on city business, unless the employee has on file
with the city proof of current and valid auto bodily injury and property damage liability insurance. The employee's insurance shall be primary and
the city's insurance or other obligation pursuant to this section shall be in excess of the employee's insurance; or
(7)
Workers compensation claims, which are covered by separate provisions and RSMo. Ch. 287.
(c)
Determination of scope of employment. It shall be within the discretion of the board of aldermen, with advice from the city attorney, to determine
whether a claim or action arises out of an act or omission occurring within the scope of employment. Persons shall not be entitled to city defense
and protection for the named exclusions.
(d)
Persons protected. This section applies to all city employees, elected or appointed officials, and to members of city boards or commissions and city
entities. It is also applicable to former city employees, officials and members of boards, commissions and city entities. This section does not apply to
employees of any other public entity beyond those described above, even if that entity receives funding from the city, in whole or in part, or to
private persons or firms doing business with the city. Independent contractors are excluded from the coverage of this section.
(e)
No Obligation for punitive or exemplary damages. In no event shall this section require the city to pay any part of a claim or judgment for punitive or
exemplary damages.
(f)
Requests required for representation. If the city administrator does not receive, in person or in writing, the request from the employee or official within
the 20-day period after service of process or other notification of a pending claim, the board of aldermen may elect to decline defense and
representation of the official or employee. It shall be the responsibility of the city administrator to coordinate with the board of aldermen, city
attorney and the official or employee in order to ensure that deadlines are met and in the determining the coverage of this section.
(g)
Notice to employee of claim or suit. In the event that service of process is accepted by someone other than the named defendant but who is a city
employee or agent and, therefore, legally capable of accepting service, the city administrator shall be immediately notified of such service.
Furthermore, upon receipt of notification of suit or claim, the city administrator shall give prompt notice to the individual being sued in order to
apprise said individual of the pending claim or litigation; the city administrator shall also forward a copy of the lawsuit or notification to the official or
employee.
(h)
City attorney to be solely responsible for negotiations and conduct of litigation. The city attorney shall be the sole agent authorized to negotiate on behalf
of the city and its officials and employees. Any investigation, defense, negotiation, or compromise of any claim covered by this section shall be
conducted by the city attorney. An employee or official's independent act of compromise or settlement of claims shall be grounds for forfeiture of the
protections afforded under this section.
(1)
City may hire outside counsel. In instances where circumstances require it, the city may retain outside counsel to conduct litigation. If outside
counsel is retained to represent an official or employee, the city attorney shall notify the employee or official of said representation.
(2)
Official or employee retains outside counsel. In an official or employee elects to retain outside counsel there shall be no right to reimbursement for
legal expenses or right of indemnification as provided by this ordinance. However, a defendant city official or employee may retain separate
counsel at his own expense to participate in his defense.
(i)
Cooperation of officials and employees. Any persons and city entities seeking the benefit of this section shall cooperate with the attorneys conducting
any investigation and preparing any defense by assisting the attorneys in all respects including the making of settlements, the securing and giving of
evidence, attendance at hearings and trials, obtaining the attendance of witnesses at hearings and trials, securing other evidence, and keeping the
attorneys informed of their whereabouts.
(j)
Insurance. The city may, in its discretion, expend funds to procure one (1) or more policies of insurance to insure against all or any portion of the
potential liabilities of the city and its officials, employees or entities. Should the city elect to procure a policy of insurance which covers an action or
claim brought against a city official or employee within the meaning of this section, the official's or employee's right to indemnification under this
section shall be limited by the policy limits of said policy of insurance.
(k)
City liability. Nothing contained in the provisions of this section shall be construed to broaden the liability of the city under the doctrine of sovereign
immunity or beyond the limits on the waiver of sovereign immunity, nor to abolish or waive any defense at law or equity which might otherwise be
available to any city official, employee or entity. For claims falling within the scope of sovereign immunity, a covered official's or employee's right to
indemnification under this section shall be co-extensive with and shall not extend beyond the limits of the city's liability under the doctrine of
sovereign immunity; the city's liability limit and the official's or employee's right to indemnification shall be one (1) and the same and there shall not
be separate limits for each. Nothing in this section shall be construed as a waiver of the city's immunity from liability for punitive damages under 42
U.S.C. Sections 1981 1988, or any other defense or immunity under that law on behalf of the city or any city official or employee.
(l)
Pending claims. The provisions of this section shall apply to any claim or lawsuit against an official or employee, or any such claim or lawsuit hereafter
filed, whether the events of which occurred before or after the effective date of this section.
(m)
Satisfaction of judgments, claims and settlement of litigation. Judgments entered against employees or officials, except judgments for punitive or
exemplary damages, shall be self-executing and shall not require any further legislative action. The city manager is authorized to pay any and all
such judgments upon finality as advised by the city attorney. Payment of judgments shall include all court-ordered costs and attorney's fees.
(n)
Limitations. This section shall not be construed as creating a contract between the city and any employee or official or a contract of insurance. No
provision of this section shall be construed to broaden the liability of the city in any way.
(o)
Indemnification for claims not defended by city attorney when. If the board of aldermen declines to defend an official or employee under the provisions
of this section in any action, suit or proceeding to which he is made a party by reason of the fact that he is or was an official or employee, and such
official or employee is successful on the merits in the defense thereof, the city shall indemnify such official or employee against all expenses,
including reasonable attorneys fees, incurred by him in connection therewith. Further, if such action or proceeding is settled and not determined on
the merits or if determined on the merits adversely to the official or employee, the city may indemnify the official or employee against his expenses
as aforesaid and against any judgment or amounts paid in settlement actually and reasonably incurred by him if he acted in good faith and in a
manner he reasonably believed to be in or not opposed to the best interests of the city, as determined by the board of aldermen.
(Ord. No. 2024, § 1, 9-11-00)
Secs. 2-9—2-15. - Reserved.
ARTICLE II. - BOARD OF ALDERMEN[2]
DIVISION 1. - GENERALLY
Sec. 2-16. - Composition.
The board of aldermen shall be composed of six (6) members, two (2) each from each of the three (3) wards of the city as prescribed in section 8-10
of this Code and in accordance with the provisions of Chapter 79 of the Revised Statutes of Missouri.
(Code 1980, § 110.010; Ord. No. 1182, § 1, 5-12-86)
State Law reference— Composition of board, RSMo. § 79.060.
Sec. 2-17. - Qualification of candidates.
No person shall be an alderman unless he or she is at least eighteen (18) years of age, a citizen of the United States and an inhabitant and resident of
the city for one (1) year preceding his/her election and a resident, at the time he or she files and during the time he or she serves, of the ward for which
he or she is elected. No person shall be a candidate for alderman who is in arrears for unpaid city taxes or municipal user fees at the time of filing for
elective office.
(Code 1980, § 110.020; Ord. No. 1182, § 1, 5-12-86; Ord. No. 1976, § 1, 9-13-99; Ord. No. 2670, § 1, 8-26-13)
Sec. 2-18. - Meetings—Generally.
(a) Open to the public. All meetings of the board of aldermen, its committees or any other boards, commissions or subcommittees of the city shall be
deemed to be public meetings and as such shall be open to the public except as otherwise provided by law.
(b)
Regular. The board of aldermen shall meet in regular session on the second and fourth Mondays of each month at 7:00 P.M. in the council chambers
or such other time or place as the mayor or the majority of the board shall designate. In the event that such meeting shall fall on a legal holiday, such
meeting shall be held on such other date as designated by the mayor or a majority of the board of aldermen; provided, however, that the mayor or a
majority of the board may at a regular session of the board agree to cancel or reschedule any regular meeting of the board.
(c)
Special. Special meetings of the board may be called by the mayor or upon written request of two (2) or more members of the board of aldermen.
Notice of special meetings of the board of aldermen shall be posted on a bulletin board in the hallway at city hall and delivered in writing at least
forty-eight (48) hours before the time of such meeting. Such notice shall include the name or names of the officials calling such meeting and shall
state the nature of the business to be considered; provided, however, that, the board of aldermen may by majority vote waive the requirement for
forty-eight (48) hours' notice in the event of an emergency.
(d)
Executive sessions. An executive session of the board of aldermen may be called for any reason prescribed by law upon majority vote of the board of
aldermen. The specific statutory reason for closing of such meeting shall be stated by motion and the vote of each member of the board must be
recorded on the issue of closing such sessions.
(e)
Quorum. Four (4) members of the board of aldermen shall constitute a quorum for the conducting of business. A lesser number may conduct a
public hearing where a verbatim transcript is made.
(f)
Attendance. All members of the board of aldermen shall attend all regular meetings of the board unless excused by the mayor or in his/her absence
by the acting president of the board of aldermen for good cause shown.
(Code 1980, § 110.030; Ord. No. 1182, § 1, 5-12-86; Ord. No. 1414, §§ 1, 2, 10-23-89; Ord. No. 1437, § 4, 5-14-90; Ord. No. 2003, § 1, 5-8-00; Ord. No. 2566, §
1, 1-24-11)
Sec. 2-19. - Same—Agenda.
(a) Order. The business of all regular meetings of the board shall be transacted in substantially the following order:
(1)
Roll call and pledge of allegiance;
(2)
Amendment of the agenda;
(3)
Public hearing(s);
(4)
Citizen comments and petitions;
(5)
Consideration of consent agenda;
(6)
Reports of officers and committees;
(7)
Legislation:
a.
Unfinished business;
b.
New business;
(8)
Miscellaneous business;
(9)
Adjournment.
The board of aldermen, by majority vote of the members present, may change the order of business.
(b)
Establishment. The agenda shall be established by the mayor; provided, however, that, any item requested by two (2) or more members of the board
of aldermen shall be included on the agenda. At the time of establishing the agenda, the mayor may include one (1) or more of the following items of
business on the agenda as being on the consent agenda:
(1)
Minutes;
(2)
Warrant list;
(3)
Resolutions and proclamations;
(4)
Written reports of officers and committees;
(5)
Closed meeting if notice is given pursuant to section 2-355.
At the request of the mayor or one (1) or more members of the board of aldermen, an item of business shall be removed from the consent agenda
and considered on the regular agenda.
The board of aldermen, by a majority vote of the members present, may approve and adopt the consent agenda by a single motion. Upon approval
of the consent agenda, each item thereon shall be deemed passed, approved and adopted, as if considered individually.
(c)
Notice of public meetings.
(1)
The bulletin board located in the lobby (northern entrance) of the Des Peres Government Center, 12325 Manchester Road, is hereby designated
as the designated location for posting of all public meetings of the board of aldermen, any and all commissions or committees of the city and
any subcommittees of such bodies. Nothing herein shall prohibit also posting such notices on the bulletin board in the building in which such
meeting is to be held.
(2)
Notices of all meetings shall be posted at least twenty-four (24) hours, exclusive of weekends and holidays in which city hall is closed, prior to the
commencement of any meeting of the board of aldermen; provided, however, that for any public meeting where a vote of the board of
aldermen is required to implement a tax increase, or with respect to a retail development project when the board of aldermen votes to utilize
the power of eminent domain, create a transportation development district or a community improvement district, or approve a redevelopment
plan that pledges public funds as financing for the project or plan, the board of aldermen shall give notice conforming with all the requirements
of section 2-355 of this Code of Ordinances at least four (4) days before the board may vote on such issues, exclusive of weekends and holidays
when the facility is closed, and provided further that the exception in subpart (3) of this subsection concerning shorter notice periods shall not
apply to meetings requiring four (4) days notice.
(3)
In the event that such notice is impossible or impractical to give for good cause, such notice shall be posted giving as much notice as is
reasonably possible. Provided, however, when it is necessary to hold a meeting with less than twenty-four (24) hours prior notice, the nature of
the good cause justifying the departure from the minimum notice shall be stated in the minutes.
(4)
In addition to the minimum requirement for posting notices in accordance with this section and applicable state law, it shall be the practice of
the city to also post notices of public meetings on the city website and at such other public buildings accessible to the public on weekends.
(Code 1980, § 110.040; Ord. No. 1182, § 1, 5-12-86; Ord. No. 1609, § 1, 7-12-93; Ord. No. 1682, § 1, 8-22-94; Ord. No. 1826, § 1, 3-10-97; Ord. No. 2591, § 1,
10-10-11)
Sec. 2-20. - Ordinances and resolutions.
(a) No ordinances shall be passed except by bill and no bill shall become an ordinance except after two (2) readings and upon receipt of the positive
votes of the majority of all the members of the board of aldermen. Every proposed ordinance shall be introduced to the board of aldermen in
writing. Readings of proposed ordinances may be by title or in full; provided, however, that if a proposed ordinance is read by title only, copies of the
proposed ordinance shall be made available for public inspection prior to the time the bill is under consideration by the board of aldermen. Final
vote on all bills shall be by roll call with the "ayes" and "nays" of such vote entered on the journal of the board.
(b)
No bill shall be considered for final passage at the same meeting at which it is introduced except upon unanimous consent of all members of the
board then present.
(Code 1980, § 110.050; Ord. No. 1182, § 1, 5-12-86; Ord. No. 1335, § 1, 8-8-88)
Sec. 2-21. - Rules of procedure.
In the absence of rules to the contrary, "Robert's Rules of Order" shall govern the conduct of meetings of the board of aldermen. The mayor or acting
president of the board of aldermen in the mayor's absence shall serve as parliamentarian and shall decide all questions which may arise subject to
appeal to the board of aldermen. In the event of such appeal, the majority of the board of aldermen present shall decide. Each motion, having been duly
made and seconded, shall be stated by the chair prior to debate and must be reduced to writing at the request of any individual member prior to vote. A
motion may not be withdrawn by the mover without consent of its second.
(Code 1980, § 110.060; Ord. No. 1182, § 1, 5-12-86)
State Law reference— Authority to adopt rules of procedure, RSMo. § 79.150.
Sec. 2-22. - Committees and election of officers.
(a) Committees. All standing and ad hoc committees of the board of aldermen shall be appointed by the mayor or acting president of the board of
aldermen in his/her absence, and shall hold office at the pleasure of the mayor.
(b)
Officers. Within sixty (60) days after the general election, the board of aldermen shall hold an organizational meeting for the purpose of selecting the
following officers or representatives:
(1)
Acting president of the board of aldermen;
(2)
Representative to the planning and zoning commission;
(3)
Representative to the public safety commission;
(4)
Representative to the parks and recreation commission;
(5)
Representative to the board of adjustment;
(6)
Representative to the chamber of commerce.
All such terms of the officers of the board shall be for a period of one (1) year or until their successors shall have been duly designated. Election of the
officers of the board shall be by motion duly made and seconded at a public meeting and shall require a majority vote of the board of aldermen. In the
event of a tie, the mayor shall be empowered to cast the deciding vote.
(Code 1980, § 110.070; Ord. No. 1182, § 1, 5-12-86; Ord. No. 1261, § 1, 5-11-87; Ord. No. 1544, § 1, 5-26-92; Ord. No. 2365, § 1, 6-12-06)
Sec. 2-23. - Seating.
Members of the board of aldermen shall occupy respective seats in the aldermanic chambers as may be designated by the mayor.
(Code 1980, § 110.080; Ord. No. 1182, § 1, 5-12-86; Ord. No. 1488, § 1, 8-12-91)
State Law reference— Political subdivisions not prohibited from establishing more stringent standards than state's conflict of interest regulations,
RSMo. § 105.476.
Sec. 2-24. - Resignation and vacancies.
(a) Resignation of any elected official shall be addressed to the mayor and members of the board of aldermen and shall be filed with the city
administrator, who shall present such resignation at the next meeting of the board of aldermen. The resignation shall be effective on the date of
filing with the city administrator.
(b)
If a vacancy occurs in any elective office, the mayor or the person exercising the duties of the mayor shall cause a special meeting of the board of
aldermen to convene where a successor to the vacant office shall be selected by appointment by the mayor with the advice and consent of a
majority of the remaining members of the board of aldermen. If the vacancy is in the office of mayor, nominations of a successor may be made by
any member of the board of aldermen and selected with the consent of a majority of the members of the board of aldermen. The board of aldermen
may adopt procedures to fill vacancies consistent with this section. The successor shall serve until the next regular municipal election.
(Code 1980, § 110.100; Ord. No. 1182, § 1, 5-12-86; Ord. No. 1971, § 1, 8-23-99)
DIVISION 2. - ORDINANCES
Sec. 2-41. - Enacting style of ordinances; regulations for passage.
(a) All laws of the city shall be termed ordinances, and the enacting style shall be: "Be it ordained by the Board of Aldermen of the City of Des Peres, as
follows: ...."
(b)
No bill shall become an ordinance unless on its final passage a majority of the members elected to the board of aldermen shall vote for it. In case of
a tie the mayor shall vote aye or nay on such bill.
(Code 1980, § 105.020)
Sec. 2-42. - Recordation; additional ordinances to be part of Code.
All ordinances hereafter passed shall be recorded in the order of passage by the city clerk in a book kept for that purpose. Such book shall be kept in
the office of the city clerk, subject to public inspection.
(Code 1980, § 105.030)
ARTICLE III. - APPOINTIVE OFFICERS AND EMPLOYEES[3]
DIVISION 1. - CITY CLERK
Sec. 2-56. - Appointment.
The city clerk shall be appointed by the mayor with the consent and approval of the majority of the board of aldermen, for an indefinite term of
office.
The city clerk shall not be required to maintain residency in the city as a condition of employment.
The city clerk shall be accountable to the board of aldermen but shall at all times be subject to the general supervision, direction and control of the
city administrator.
(Ord. No. 2310, § 1, 1-10-05)
Sec. 2-57. - Removal.
The city clerk shall serve at the pleasure of the mayor and board of aldermen and may be removed from office by the mayor with consent of the
majority of the board of aldermen or by the board of aldermen without consent of the mayor by a two-thirds (2/3) vote of the board.
(Ord. No. 2310, § 1, 1-10-05)
Sec. 2-58. - Compensation.
The city clerk is an exempt position under the Fair Labor Standards Act and shall be compensated in accordance with the ordinances of the city. The
office of the city clerk shall be a full-time position. The city clerk may not hold outside employment for remuneration except with the consent of the
mayor and board of aldermen.
(Ord. No. 2310, § 1, 1-10-05)
Sec. 2-59. - Duties and responsibilities.
(a) It shall be the duty of the city clerk to attend all regular and special meetings of the board of aldermen and to keep a journal of its proceedings and
to record the same and all ordinances and resolutions passed by the board.
(b)
The city clerk shall prepare the agenda for all meetings of the board of aldermen and shall coordinate preparation and distribution of agenda
packets and other information required by the board of aldermen.
(c)
The city clerk shall be responsible for posting of all meeting notices for the board of aldermen and all boards and commissions of the city in
accordance with city ordinances and state law including posting of such notices on the official bulletin board of the city and the city website.
(d)
The city clerk shall be responsible for publication of all notices required by ordinance or state law including but not limited to public hearing notices
and notices for bidding.
(e)
The city clerk shall be the official custodian of city records and provide for a reasonable system for filing, indexing and safekeeping all records.
(f)
The city clerk shall be the election authority for the city to keep and maintain all election records and to coordinate local elections with the county
board of election commissioners;
(g)
The city clerk shall maintain a record of all city appointments and to notify the appointing authority of the impending expiration of the term of office
of any member of any board or commission.
(h)
The city clerk shall be the custodian of the city seal and shall affix the city seal to and countersign such public instruments, documents and other
papers as required by law or ordinance to be attested to with the city seal.
(i)
The city clerk shall provide clerical support to the mayor and board of aldermen.
(j)
The city clerk shall serve as office manager.
(k)
The city clerk shall perform such other duties as assigned by the city administrator.
(Ord. No. 2310, § 1, 1-10-05)
DIVISION 2. - ADMINISTRATOR[4]
Sec. 2-76. - Office created.
The office of city administrator is hereby created.
(Code 1980, § 120.110(A))
The city administrator shall be employed by the board of aldermen, with the approval of the mayor and the appointment may be for an indefinite
term of office. He/she shall be at least twenty-one (21) years of age and shall be chosen solely on the basis of his/her executive and administrative
qualifications and need not be a resident of the city at the time of his/her employment, but shall be a resident of the city while serving as city
administrator unless this requirement shall be waived by the board of aldermen.
(Code 1980, § 120.110(B); Ord. No. 1537, § 1, 4-13-92)
Sec. 2-78. - Oath of office.
Before entering upon the duties of his/her office, the city administrator shall take and subscribe to an oath or affirmation before the city clerk or
some other person authorized to administer oaths, that he/she possesses all the qualifications prescribed for his/her office by law, that he/she will
support the Constitution of the United States and of the state, the provisions of all laws of the state and the ordinances of the city, and that he/she will
faithfully demean himself/herself while in office.
(Code 1980, 120.110(C))
Sec. 2-79. - Bond.
The city administrator, before entering upon the duties of his/her office, shall file with the city a bond conditioned upon faithful and honest
performance of his/her duties and the rendering of full and proper accounts to the city for funds and property that shall come into his/her possession or
control. The cost of such bond shall be paid by the city; however, should the city administrator be covered by a blanket bond to the same extent, an
individual bond shall not be required.
(Code 1980, § 120.110(D))
The city administrator shall receive such compensation as may be determined from time to time by the board of aldermen and such compensation
shall be made payable biweekly.
(Code 1980, § 120.110(E); Ord. No. 1635, § 2, 1-10-94)
Sec. 2-81. - Removal.
The city administrator shall serve at the pleasure of the appointing authority. The mayor, with consent of a majority of all members of the board of
aldermen, may remove the city administrator from office at will, and such city administrator may also be removed by a five-sixths vote of all members
elected to the board of aldermen independently of the mayor's approval or recommendation. If requested, the mayor and board of aldermen shall grant
the city administrator a public hearing within thirty (30) days following notice of removal. During the interim the mayor with the approval of a majority of
all aldermen or by five-sixths vote of all aldermen without the mayor's approval, may suspend the city administrator from duty, but shall continue his/her
salary, and, if after a hearing, removal becomes final, shall pay his/her salary for two (2) calendar months following the final removal date; provided,
however, that, if the city administrator shall be removed for acts of dishonesty or of moral turpitude, such salary shall not be continued.
(Code 1980, § 120.110(F))
Sec. 2-82. - Full-time position.
The office of the city administrator shall be a full-time position and the city administrator shall perform his/her duties during the hours set by the
mayor, and he/she shall not hold outside employment for remuneration except with the consent of the mayor and the board of aldermen.
(Code 1980, § 120.110(G))
Sec. 2-83. - Deputy city clerk.
The person holding the office of city administrator shall also hold the office of deputy city clerk and shall have the authority to perform the functions
of the city clerk when any vacancy shall happen in the office of the city clerk or when the city clerk is unavailable due to illness, disability or other
temporary absence from duty.
(Code 1980, § 120.110(H); Ord. No. 1385, § 3, 4-24-89; Ord. No. 2310, § 2, 1-10-05)
The city administrator shall serve as the chief administrative assistant to the mayor and shall have general superintending control of the
administration and management of the government business, officers and employees of the city subject to the direction and supervision of the mayor.
The city administrator shall be accountable at all times to the mayor and board of aldermen for all actions taken.
The city administrator may head one (1) or more departments and be responsible for the proper administration and management of the city
government. To that end, he shall have the following general powers, duties and responsibilities:
(1)
(2)
(3)
(4)
General administration.
a.
Recommend to the mayor and board of aldermen such measures as he may deem appropriate or expedient for the health, safety or welfare
of the city or for the improvement of the administrative services of the city.
b.
Supervise the operational activities of all departments except as otherwise prescribed by ordinance. Such supervision shall be exercised
through the respective directors of each department.
c.
Coordinate the work of all departments and have authority to assign the employees of the city to any department where they are needed for
the most effective discharge of the functions of city government.
d.
Investigate, examine or inquire into the affairs or operations of any city department and report on any condition or fact concerning the city
government requested by the mayor or board of aldermen.
e.
Prescribe and enforce such administrative rules and regulations which are not inconsistent with the ordinances of the city as may be
reasonably necessary to effectuate city policy and administer the operations of the city in an efficient and economical manner including
authority to withdraw, amend or suspend any rules or regulations adopted by any city department.
Personnel.
a.
Serve as personnel officer for the city with authority to appoint, promote, discipline or discharge all employees of the city whose
appointment or removal is not otherwise prescribed by law. All employment actions shall be in accord with personnel rules and regulations
adopted and revised from time to time by the board of aldermen.
b.
Recommend the establishment and maintenance of personnel programs employing sound personnel policies and practices which are
internally consistent and externally competitive.
c.
Prepare and submit to the mayor and board of aldermen proposed personnel procedures, position classifications and compensation
schedules for classified employees of the city and such revisions thereto as may be suggested from time to time.
d.
Administer any pay and classification plan of the city, including assignment of all classified employees to appropriate pay grades based upon
established performance evaluation criteria.
e.
Prescribe the functions and duties of all officers and employees of the city not otherwise prescribed by ordinance. Establish and maintain job
descriptions and performance evaluation standards for all officers and employees.
f.
Prepare annual performance evaluations of all unclassified employees for review by the mayor and board of aldermen.
Finance and budget.
a.
Keep the mayor and board of aldermen advised of the financial condition and future needs of the city including the impact of proposed
ordinances and make such recommendations relative thereto as may be appropriate.
b.
Prepare an annual budget for consideration by the mayor and board of aldermen with a message describing important features,
appropriate schedules and analysis.
c.
Serve as collector, unless otherwise prescribed by ordinance, with responsibility for collection of all taxes, licenses and fees due to the city.
d.
Serve as purchasing officer of the city and supervise in the manner prescribed by ordinance the purchase of all materials, supplies and
equipment for which funds are provided in the budget or otherwise appropriated by the board of aldermen.
Other responsibilities and duties.
a.
Attend all regular and special meetings of the board of aldermen unless excused by the mayor.
b.
Meet regularly with sanding or special committees appointed to consult and advise the city. Attend meetings of other boards and
commissions of the city as requested by the mayor or board of aldermen or as necessary to effectively coordinate the work of such
commissions.
c.
Prepare and submit to the mayor and board of aldermen an annual statement of objectives which will specify goals and timetables
consistent with objectives established by the mayor and board of aldermen.
d.
Perform related duties assigned by the mayor or board of aldermen not inconsistent with state statutes, laws or city ordinances.
At no time shall the duties or authority of the administrator supersede the actions of the mayor or board of aldermen.
(Code 1980, § 120.110(I); Ord. No. 1635, § 1, 1-10-94)
DIVISION 3. - CITY ATTORNEY AND PROSECUTING ATTORNEY[5]
The mayor, with the consent and approval of the majority of the members of the board of aldermen, has the power to appoint a city attorney and
prosecuting attorney.
(Code 1980, § 120.080(A))
(a) Compensation for the positions of city attorney and prosecuting attorney shall be designated by ordinance.
(b)
Such compensation aforementioned is to be considered as a retainer fee and does not include services to be performed as a result of litigation
involving the city, or its agents, servants or employees. If the city attorney or the prosecuting attorney shall be directed by the board of aldermen or
by procedures in the municipal court to handle any litigation involving the city or appeals from the municipal court, its agents, servants or employees,
then and in that event, the board of aldermen shall fix the compensation of the handling of such litigation by ordinance or job classification for such
particular action, litigation or appeal.
(Code 1980, § 120.080)
DIVISION 4. - PERSONNEL RULES AND REGULATIONS[6]
Sec. 2-111. - Personnel rules and regulations to be adopted.
The board of aldermen shall prescribe by ordinance such rules and regulations governing the personnel system of the city as deemed appropriate in
accordance with the provisions of state and federal laws.
(Ord. No. 1998, § 1(B), 4-10-00)
Sec. 2-112. - Merit principals adopted.
Subject to the principles of the employment at will doctrine referenced in section 2-114 below, it is the general philosophy of the city that all decisions
relating to personnel shall be based upon merit principles and all persons employed, demoted, promoted or disciplined shall be based upon merit and
fitness or the lack thereof.
(Ord. No. 1998, § 1(B), 4-10-00)
Sec. 2-113. - Equal opportunity employer.
It is the intent of the city to ensure equal employment opportunity for all persons on the basis of merit, without regard to political office, race, color,
religion, origin, gender, marital status, age, disability or other non-merit factors, providing that such employee or applicant possesses adequate training
and educational qualifications. Exceptions may be made only when job requirements demonstrate the existence of bona fide occupational qualifications.
(Ord. No. 1998, § 1(B), 4-10-00)
Sec. 2-114. - Terms of employment.
Employment with the city is at will meaning that employment may be terminated by the city or an employee at any time without restriction. Except as
may otherwise be prescribed by ordinance, the board of aldermen shall represent the final decision-making authority on all matters relating to discharge
of personnel.
(Ord. No. 1998, § 1(B), 4-10-00)
Sec. 2-115. - Right of employees.
Any employee in the classified service who shall be discharged or receive disciplinary action which results in loss of rank or compensation shall be
presented with written reasons for such discharge or discipline. The employee shall have the right of appeal consistent with the provisions of the
personnel rules and regulations adopted by the city. In all matters involving termination of employment, such appeals shall be to the mayor and board of
aldermen.
(Ord. No. 1998, § 1(B), 4-10-00)
DIVISION 5. - SOCIAL SECURITY[7]
Sec. 2-126. - Extension of benefits.
It is hereby declared to be the policy and purpose of the city to extend to all eligible employees and officials of the city who are not excluded by law
or by this chapter, and whether employed in connection with a governmental or proprietary function of such city, the benefits of the system of federal
old-age and survivors insurance as authorized by the Social Security Act Amendments of 1950, and by section 105.300 of the Revised Statutes of Missouri
and amendments thereof, as the same may be now and hereafter in effect.
(Code 1980, § 105.010(A))
Sec. 2-127. - Submission of plan, agreement.
The mayor and city clerk are hereby authorized and directed, on behalf of the city, to prepare, execute and submit to the division of budget and
comptroller of the state as state agency of the state, a plan and agreement for extending the benefits of the system of federal old-age and survivors
insurance to the eligible employees and officials of the city in the form prepared by the state agency and hereby approved and adopted by the board of
aldermen of the city, which plan and agreement are to become effective upon approval thereof by the state agency, and are further authorized and
directed to execute agreements and modifications and amendments thereof with such state agency, providing for the extension of such benefits to such
employees and officials as set forth in such plan and agreement, as provided for in section 2-126 of this division, such plan and agreement to provide that
such extension of benefits is to be effective on October 1, 1961.
(Code 1980, § 105.010(B))
Sec. 2-128. - Withholdings authorized.
Commencing on the first day of the month following the date of the approval of the plan and agreement provided for in section 2-127 of this division
by the state agency, there shall be deducted from the wages of all employees and officials of the city to whom the benefits of the system of federal oldage and survivors insurance are extended, by virtue of the plan and agreement hereinbefore provided for, the amount of each of such employees' and
officials' contributions as determined by the applicable state and federal laws and by the plan and agreement, the aggregate amount of such deductions
to be paid into the contributions fund created by section 105.300 of the Revised Statutes of Missouri; provided, however, that, from the first payment of
wages made to each of such employees and officials after the benefits of such system have been extended to such employees and officials, there shall be
deducted a sum equal to the amount which would have been due and payable from each of such employees and officials had such extension of benefits
been provided and effective on October 1, 1961.
(Code 1980, § 105.010(C))
Sec. 2-129. - Contributions by city.
Commencing on the first day of the month following the date of the approval of the plan and agreement provided for in section 2-127 of this division
by the state agency, there is hereby authorized to be appropriated from the general fund of the city, and there is, and shall be, appropriated, the sum or
sums of money necessary to pay the contributions of the city which shall be due and payable by virtue of the extension of the benefits of the federal oldage and survivors insurance system to the eligible employees and officials of such city, such sum or sums of money to be paid into the contributions fund
created by section 105.300 of the Revised Statutes of Missouri; provided, however, that, in making the first payment of such contributions fund, after the
benefits of such system have been extended to such employees and officials, such first payment shall include a sum equal to the amount which would
have been due and payable had such extension of benefits been provided and effective on October 1, 1961. The fund from which such appropriation is
made will, at all times, be sufficient to pay the contributions of the city by this section directed to be paid to such contributions fund.
(Code 1980, § 105.010(D))
Sec. 2-130. - Records, reports.
The city from and after the approval of the plan and agreement provided for in section 2-127 of this division by the state agency, shall fully comply
with, and shall keep such records, make such reports and provide such methods of administration of such plan and agreement as may be required by all
applicable state and federal laws, rules and regulations, now and hereafter in effect with respect to the extension of the benefits of the federal old-age
and survivors insurance system to the employees and officials of the city. For the purpose of administering such plan and agreement the city clerk shall
be the official who shall make all required reports, keep all records, and be responsible for the administration of such plan and agreement on behalf of
the city, and any and all notices and communications from the state agency to this city with respect to such plan and agreement shall be addressed to
"city clerk," 12325 Manchester Road, Des Peres, Missouri 63131.
(Code 1980, § 105.010(E))
ARTICLE IV. - BOARD OF ADJUSTMENT
Sec. 2-146. - Establishment; members; terms; removal.
(a) The word "board" when used in this section shall be construed to mean the board of adjustment. The board shall consist of five (5) members who
shall be freeholders appointed by the mayor and approved by the board of aldermen. The term of office of the members of the board of adjustment
shall be five (5) years. An effort should be made by the mayor and board of aldermen to equitably distribute the appointments among the wards.
(b)
(c)
(d)
Three (3) alternate members may be appointed to serve in the absence or disqualification of the regular members. The terms of office of the
alternate members shall be five (5) years. Alternate members shall be called upon to serve in the absence or disqualification of the regular members
on a rotation basis. An effort should be made by the mayor and board of aldermen to equitably distribute the appointments among the wards.
A member of the board of adjustment may be removed for cause upon charges specified and after a hearing before the board of aldermen.
(1)
The member charged under this subsection shall have adequate notice of the time and place of the meeting and of the specific charges against
him/her to make adequate defense.
(2)
The accused member shall have the right to adduce evidence, compel witnesses and to be represented by counsel.
(3)
The decision of the board of aldermen to remove shall be made upon the charges specified in the notices to the member and shall be
accompanied by specific findings and conclusions as to each charge.
Vacancies shall be filled for the unexpired portion of the term and in the same manner as the selection of members under paragraph (a) of this
section.
(Code 1980, § 435.010)
Sec. 2-147. - Officers and proceedings.
(a) The members of the board of adjustment shall choose their chairman and vice-chairman from among their number for a term of one (1) year.
(b)
The members of the board of adjustment may adopt such rules of procedure as may be necessary to carry out their function. All rules adopted by
the board of adjustment shall be filed with the city clerk, at which time they shall become effective.
(c)
Meetings shall be held by the board of adjustment in accord with the schedule established by the board in conformity with section 2-3 of this Code of
Ordinances and at such other times as the board of aldermen may require. All meetings shall be open to the public and minutes shall be kept which
show the vote of each member on each question, or the absence or abstention of each member from the vote on each question. Records shall also
be kept of all official actions, and other records shall be available to the public for inspection as a public record.
(d)
The chairman or, in his absence, the vice-chairman, shall preside at each meeting.
(Code 1980, § 435.020; Ord. No. 1524, § 1, 3-9-92)
Sec. 2-148. - Appeals.
(a) Appeals may be taken to the board of adjustment from any decision of the zoning enforcement officer, or of any decision of any other agency or
person where such appeal is provided for by ordinance.
(1)
An appeal may be taken by any person, and by any officer or agency of the city, who is aggrieved by the decision or action appealed from.
(2)
An appeal may be taken within a time after the rendering of the decision or the taking of action appealed from as specified by rule of the board
of adjustment filed with the city clerk. If no such rule exists for the specific appeal, then the appeal may be taken within a reasonable time after
the action or decision is taken.
(3)
The filing of notice of appeal with the official or agency whose action is the basis of appeal shall stop the running of any time limit on filing
appeals. The notice shall state the order or action appealed from and shall be accompanied by a filing fee as per section 405.200, B. 12. of the
zoning ordinance.
(b)
Appeals stay all proceedings in furtherance of the action or decision appealed from or any enforcement action dependent upon the validity of that
order or decision, unless the zoning enforcement officer files a written statement with the board of adjustment that, in his opinion, a stay would
contribute materially to imminent peril to life or property. If the statement of the zoning enforcement officer is filed and an automatic stay is thereby
nullified the stay may nevertheless be granted by the board of adjustment upon notice to the zoning enforcement officer and cause shown.
(c)
Upon the filing of the notice of appeal and payment of the filing fee, the person or agency with whom the notice is filed shall cause the complete
record of all matters on which the action or decision was based to be transmitted to the board of adjustment. The appeal shall be based solely upon
the record and on no facts outside the record unless those facts were unavailable to or could not be raised before the decision or action was taken
by the person who raises them on appeal. No person may raise facts outside the record on appeal if he contributed to or caused this inability to
acquire or raise them before the officer or agency whose action or decision is the basis for appeal.
(d)
The hearing on the appeal shall be held within a reasonable time after the notice has been filed and the record has been received by the board of
adjustment. Notice of the hearing shall be given to the public and sent to all parties in interest to the appeal stating the time and place, at least
fifteen (15) days before of the hearing.
(e)
At the hearing, the parties shall have the right to counsel, and to adduce evidence and compel testimony to the extent permissible under paragraph
(c) of this section.
(Code 1980, § 435.030; Ord. No. 1498, § 1, 10-14-91)
Sec. 2-149. - Variances and exceptions.
(a) The board of adjustment shall have the following powers:
(1)
To hear and decide all matters referred to it or upon which it is required to pass under this article or other provisions of the city's Zoning and
Planning Code.
(2)
To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative
official in the enforcement of this article or other provisions of the city's Zoning and Planning Code.
(3)
To hear and decide appeals, where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of such
ordinance, to vary or modify the application of any of the regulations or provisions of such ordinance relating to the construction or alteration of
buildings or structures or the use of land so that the spirit of the ordinance shall be observed, public safety and welfare secured and substantial
justice done.
(b)
In exercising the above-mentioned powers such board may in conformity with the provisions of sections 89.010 to 89.140 of the Revised Statutes of
Missouri, reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such
order, requirement, decision or determination as ought to be made and to that end shall have all the powers of the officer from whom the appeal is
taken.
(c)
No petition or application for an exception, variance or any other matter shall be considered by the board of adjustment if a petition or application
affecting the same property, or any part thereof, and requesting substantially similar relief, has been denied by the board at any time within the
preceding twelve (12) months, unless the board finds a substantial change from the conditions prevailing at the time of the prior filing. Any person
requesting consideration of a petition or application within twelve (12) months of a prior action by the board shall attach thereto an affidavit which
sets forth facts identifying specific, material and substantial changes in conditions which justify a hearing. The board shall deny a hearing if such a
petition or application is not supported by an affidavit or if the affidavit fails to establish the requisite change in conditions.
(Ord. No. 1562, § 1, 8-24-92; Ord. No. 1597, § 1, 4-12-93; Ord. No. 1617, §§ 1, 2, 8-23-93)
Sec. 2-150. - Decisions.
(a) Rendering any decision under the provisions of this article, the board shall base its decision on a reasoned and public statement of findings and
conclusions. It shall have authority to interpret the provisions of this article or other provisions of the city's zoning and planning code in a manner
consistent with its purposes, and to take into account actual variations from the official map with regard to streets and other matters. It shall have
authority, where relevant, to determine whether a nuisance exists with regard to a commercial use, and to otherwise apply legal concepts in order to
reach its decision.
(b)
Decisions shall be made as soon as possible after a hearing. Ex parte communications with board members concerning the matter before them is
prohibited and will invalidate a decision. However, on notice to all parties, the board may ask for further argument or information.
(c)
The concurring vote of four (4) members of the board shall be necessary to reverse any order, requirement, decision or determination of any such
administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance or to effect any
variation in such ordinance.
(d)
The board, in case of an appeal, may reverse, modify or affirm a decision appealed from, and may deny or modify any action appealed from.
(Code 1980, § 435.050)
Sec. 2-151. - Fees.
All appeals and petitions submitted to the board of adjustment under section 2-148 and 2-149 herein or under section 124.0 of the building code
shall be accompanied by a payment of the following fees at the time such appeal is submitted:
(1)
Residential uses (per lot).
a.
b.
c.
(2)
One hundred fifty dollars ($150.00) for any appeal involving building line setbacks for room additions, accessory buildings or decks;
Three hundred dollars ($300.00) for any appeal involving the construction of a new home or for variances other than building setbacks for
renovation or expansion of existing single homes;
Three hundred dollars ($300.00) for any appeal of the decision of the building official relating to an interpretation of the building, zoning or
subdivision codes;
Commercial and institutional uses.
a.
Three hundred dollars ($300.00) for a single variance
b.
One hundred dollars ($100.00) for each additional variance contained within a single petition.
(Ord. No. 1530, § 1, 4-13-92; Ord. No. 2058, § 1, 5-14-01; Ord. No. 2323, § 1, 4-25-05)
Sec. 2-152. - Fees—Fence variances.
All appeals and petitions submitted to the board of aldermen for variances from the provisions of section 405.010 of the Municipal Code relating to
fences shall be accompanied by a payment of a fee of fifty dollars ($50.00) payable at the time such appeal is submitted.
(Ord. No. 2323, § 2, 4-25-05)
ARTICLE V. - PLANNING AND ZONING COMMISSION
Sec. 2-171. - Created; composition; appointment; terms; filling vacancies; removal of members.
(a) A planning and zoning commission is hereby created which shall consist of fourteen (14) members.
(b)
Twelve (12) members shall be citizen members who shall be residents of the city appointed by the mayor and approved by a majority of the board of
aldermen. All citizen members shall serve without compensation.
(c)
The mayor and an alderman chosen by the board of aldermen shall be members of the planning and zoning commission.
(d)
The term of each citizen member shall be four (4) years and shall end on June 30. The term of the aldermanic member shall be one (1) year. A
member remains in office until a successor is appointed and qualified. Any vacancy in membership shall be filled for the unexpired term by
appointment as provided above.
(e)
Any citizen member may be removed by the majority vote of the board of aldermen for cause stated in writing and after a public hearing.
Sec. 2-172. - Officers and procedure.
(a) The planning and zoning commission shall in July of each year select from among the citizen members a chairman and vice-chairman.
(b)
The commission may adopt rules of procedure and regulations which are not inconsistent with the ordinances of the city or the laws of the state for
the purpose of carrying out its functions. All rules of procedure and regulations adopted by the commission shall be filed with the city clerk, at which
time they shall become effective.
(c)
The planning and zoning commission may adopt fees for processing matters that come before it, where those fees are not otherwise provided by
ordinance. These fees may not exceed one hundred fifty dollars ($150.00) for commercial zoning and fifty dollars ($50.00) for residential zoning. The
schedule of fees shall be filed in the office of the city clerk, at which time they shall become effective.
(d)
No petition or application pertaining to matters within the jurisdiction of the planning and zoning commission, including but not limited to special or
conditional use permits, requests for rezoning, development plan approval, site plan approval and landscaping plan approval, shall be filed with, or
accepted or considered by the commission if a petition or application affecting the same property, or any part thereof, and requesting substantially
similar consideration, review, approval or relief, was denied or ruled adversely to the proponent thereof by that board or agency of the city
responsible for final determination of such a matter within the preceding twelve (12) months, unless the commission finds a substantial change in:
(1)
The property's proposed use;
(2)
The plans for its use; or
(3)
Other conditions prevailing at the time of the prior filing.
Any person requesting consideration of a petition or application within twelve (12) months of a prior determination shall attach thereto an affidavit
which sets forth facts specifically identifying the alleged substantial changes in circumstances which justify reconsideration. The commission shall deny
consideration if such a petition or application is not supported by an affidavit or if the affidavit fails to establish the requisite change in circumstance.
(Code 1980, § 430.020; Ord. No. 1183, § 2, 5-12-86; Ord. No. 1601, § 1, 5-24-93)
Sec. 2-173. - Duties.
(a) The commission created by this article shall study and prepare a comprehensive zoning ordinance for the city and shall submit such ordinance to the
board of aldermen for their consideration and action. The commission shall recommend the boundaries of the various original districts and
appropriate regulations to be enforced therein. It shall make a preliminary report as required by law and hold public hearings thereon submitting its
final report with respect to such recommendations.
(b)
The commission shall thereafter also consider and report to the board of aldermen any suggestions or recommendations for changes or revisions in
any zoning or plan ordinances enacted that are referred to it after the adoption thereof.
(c)
The commission may also make such other studies, plans and recommendations for the future development of the city with respect to streets, parks,
schools, playgrounds, transit routes, or any other public or semipublic improvements bearing upon the future welfare of the community. The
commission may also prepare rules, regulations and requirements governing the approval of subdivision plats and plans and submit the same to the
board of aldermen for its consideration and action thereon.
(d)
The commission also may recommend from time to time to the city such zoning, planning and physical improvements as it deems necessary for the
general welfare of the city and shall consider and report upon all matters referred to it by the board of aldermen.
(e)
Subject to approval by the board of aldermen as hereinafter set forth, the commission may adopt, promulgate, and revise uniform standards and/or
guidelines for evaluation of landscaping plans, fencing and exterior lighting on property before the commission for review in association with the
development or use of property in the city. Such standards may specify:
(1)
The kind, amount, location and maturity of landscaping materials and elements; and/or
(2)
The location, height, composition, construction methods and extent of fencing installed at various places on lots; and/or
(3)
The amount, height, intensity, direction and appearance of exterior lighting which have been determined to be appropriate for use in various
circumstances in the city and shall be uniform in application within each land use district of the city.
In developing such standards, the commission shall consider: the adaptability of vegetation to the climate of the area; the effect of atmospheric
conditions on landscaping and structural materials; the amount of maintenance necessary to support landscaping, fencing and structural materials in a
sturdy state; the longevity of landscaping, fencing and structural elements; the suitability of landscaping, fencing and exterior lighting elements to
accomplishment of the purpose for which the items are installed; the desirability of limiting any negative impact upon surrounding properties resulting
from the use of other property; and such other considerations as may reasonably be related to promoting harmony among different land uses and
enhancement of the use, enjoyment and value of property throughout the city.
When the commission proposes to adopt or revise such standards it shall submit a copy thereof to the board of aldermen. The board of aldermen
may, by resolution, approve, reject, revise or delete all or any portion thereof. Upon approval by the board of aldermen, three (3) copies thereof shall be
filed with the city clerk, the director of public works/city engineer and the secretary of the planning and zoning commission. Thereafter, all landscaping
plans, fencing and exterior lighting on property before the commission for review in association with the development or use of property in the city, or
any modifications to existing landscaping plans, fencing or exterior lighting, shall be reviewed and evaluated under the standards and/or guidelines so
adopted.
(f)
Subject to approval by the board of aldermen as hereinafter set forth, the commission may adopt, promulgate, revise, and enforce reasonable
standards and/or guidelines for review and evaluation of architectural elements of property and buildings in all commercial zoning districts of the city
and for nonresidential structures and land uses in residential districts which may come before the commission for review in association with the
development or use of property involving the construction, reconstruction, rehabilitation and/or the alteration of exterior appearances of structures
or signs on such property. In addition, any application for a building permit which would involve the erection of a new structure, or the alteration of
the exterior appearance of any building, in any commercial zoning district of the city or of any nonresidential structure in a residential district of the
city shall also be reviewed and evaluated by the commission pursuant to standards established in accord with this subsection. Such standards may
specify:
(1)
Standards for site development, including the relationship of structures to the site upon which they are located and the relationship of the site
and structures to existing or anticipated nearby structures and properties; and/or
(2)
Standards for the design and appearance of structures which will promote harmonious relationships between existing and proposed or altered
structures and protect the utility and value of properties within the city.
In developing such standards, the commission shall consider, among other things, topographic aspects which may impact the use and appearance of
property, the prevalence and adaptability of various materials and exterior surfaces in the several commercial districts and available uses of property
therein; the manner in which such standards will promote the general welfare of the community and contribute to the preservation and enhancement of
property values; balancing creativity and innovation with the promotion of harmonious relationships among existing and proposed structures; avoiding
garish, incongruent or incompatible buildings or structures which would have a tendency to create visual disharmony within the area; avoiding structures
which are of limited utility and adaptability or unusual, single-purpose buildings which are likely to become vacant or unused in a relatively short time;
and development of coherent visual and aesthetic relationship throughout the commercial areas of the city and in residential districts in the vicinity of
nonresidential structures and land uses in residential districts.
When the commission proposes to adopt or revise such standards it shall submit a copy thereof to the board of aldermen. The board of aldermen
may, by resolution, approve, reject, revise or delete all or any portion thereof. Upon approval by the board of aldermen, one (1) copy thereof shall be filed
with the following officials for public inspection and copying: The city clerk, the director of public works/city engineer and the staff secretary of the
planning and zoning commission. Thereafter, any of the following matters, to wit: (a) commercial district site development proposals; (b) commercial
conditional use permit applications involving the construction of new structures or exterior renovation of existing structures; (c) other land use
applications in any commercial zoning district reviewed by the commission which involve the construction or exterior alteration of structures or signs; (d)
building permit applications for property in any commercial zoning district which involve any changes in exterior appearance of the structure, or (e) land
use applications and/or building permit applications for nonresidential structures or land uses in any residential district shall be subject to review,
evaluation and approval by the commission as to conformity with the architectural standards so adopted. No permit or other authorization for the matter
reviewed will be issued or approved unless the commission shall determine that the proposed work complies with the standards authorized by this
subsection.
Any person aggrieved by a determination of the commission as to compliance with such architectural standards may request reconsideration of the
matter by the board of aldermen.
(Code 1980, § 430.030; Ord. No. 1394, § 1, 6-26-89; Ord. No. 1718, § 1, 4-24-95)
Sec. 2-174. - Expenditures.
The commission created by this article may employ such clerical, office or professional help as may be deemed necessary and desirable by it after
having been authorized to do so by the board of aldermen. All expenditures by the commission and its members shall be within the amounts
appropriated therefor by the board of aldermen.
(Code 1980, § 430.040)
Sec. 2-175. - Reports and recommendations.
The commission created by this article shall make an annual report to the mayor covering its activities and work of the preceding year with any
recommendations for the future.
Sec. 2-176. - Fees.
(a) Filing fees for the various procedures and petitions for rezoning contained in Chapters 405, 410, 430 and 435 of the Code of Ordinances of the City of
Des Peres shall be submitted by applicants at the time of submission of their applications in the following amounts:
(1)
Rezoning .....$ௐௐ500.00
Plus, per acre or fraction thereof in excess of one (1) acre .....50.00
(2)
Commercial development:
Planned business center .....500.00
Conditional use permit .....500.00
Special use permit .....500.00
(3)
Commercial development plans:
Zoning review letters .....100.00
Zoning Review with application for building permit .....100.00
Master development plans:
C-1 and C-1A districts .....500.00
C-2, C-3, C-4 and C-5 districts:
Preliminary development plan .....250.00
Master or combined plan .....1,000.00
(4)
Subdivisions:
Certificate of approval .....50.00
Boundary adjustment plat, for each lot .....50.00
Sketch plan, for each lot .....50.00
Preliminary plat, for each lot .....100.00
Subdivision record plat .....100.00
Plus one (1) percent of cost of public improvements.
(5)
Miscellaneous permits:
Architectural review .....200.00
Uniform sign standards .....50.00
Conditional accessory structure permit .....100.00
(b)
The filing fees set forth above shall be paid to reimburse the city for expenses incurred in processing the application, including, but not limited to,
costs of title research, surveys, legal and engineering review, cost of traffic and planning consultants employed by the city, publication expenses,
expenses of notification to adjoining property owners, expenses of hearings including rental of a hall, if necessary, court reporter, if requested by
either the city or the applicant, and other investigations deemed necessary by the city.
In the event the filing fee, or fees, are estimated to be insufficient to pay all anticipated expenses to be incurred by the city as described above, the
board of aldermen holds a hearing, having first given notice to the applicant, at which testimony on the anticipated costs for processing the application
shall be presented. The board of aldermen shall make a written finding of fact and notify all parties of any additional fees to be deposited. Processing and
all other actions related to the application shall not proceed following such written findings until such additional sums are paid in full. Any and all unused
portions of any additional sums required under this section shall be refunded in full to the applicant.
ARTICLE VI. - PUBLIC SAFETY
Sec. 2-191. - Dispatching services.
The mayor and the city clerk are hereby authorized to execute on behalf of the city a contract for dispatching services, a copy of which is on file in the
office of the city clerk, to provide the department of public safety of the city with necessary fire dispatching services at the estimated member cost set
forth for the city in such contract.
(Code 1980, § 200.040)
Sec. 2-192. - Duties and responsibilities of officers.
The distinction, as it has heretofore existed, between police officers and firemen in the city, is hereby abolished and the duties and responsibilities of
policemen and firemen are hereby combined in the persons of public safety officers, and such public safety officers shall perform such duties and
responsibilities as shall be conferred upon them from time to time.
(Code 1980, § 200.090)
Sec. 2-193. - Reserve officers.
Public safety reserve officers shall provide voluntary services as may be required of them, and while on duty, all such public safety reserve officers
shall be under the supervision and direction of the director of public safety.
(Code 1980, § 200.100)
Sec. 2-194. - Provisions for common police service.
(a) The city may contract and agree to cooperate with each and every city, town and village within the county, and with the City of St. Louis, Missouri, for
common police service, under the terms and conditions hereinafter set forth. Such contracts shall become effective with respect to each such
municipality upon the adoption of a like ordinance by the legislative body of such city authorizing such contract by such city.
(b)
The department of public safety of the city will respond if consistent with the public safety of the city to a request for assistance from the police
department of any municipality which is a contract party pursuant to the directions and regulations provided by the director of public safety and the
public safety commission.
(c)
Each of the city's public safety officers performing services in any other municipality in accordance with the terms of such contract shall have all of
the powers, rights, privileges, duties and immunities as the members of the police force of the municipality requesting assistance; provided that, no
policeman, officer or employee of any participating municipality shall be considered a policeman, officer or employee of any municipality other than
the one by which he/she is regularly employed.
(d)
The consideration for this agreement shall be the service given for the protection of lives and property by the police department of each
participating municipality and no compensation shall accrue or be paid by any participating municipality to any other.
(e)
Equipment and property utilized in the carrying out of the common police service provided by this agreement shall be at the risk of the municipality
owning same and any loss or damage thereto shall be borne by such owner-municipality; provided that, nothing herein contained shall be construed
to limit the liability of any municipality or its agents, servants or employees arising out of tortious conduct.
(f)
No municipality participating in such agreement shall be liable to any other for failure to respond to any call by the other, or for delay or negligence
or mistake in receiving or responding to any call, nor shall such agreement be interpreted as being an agreement for the benefit of any third person.
(g)
Nothing herein contained shall be construed to mean that a police officer of any municipality participating in such agreement who is injured, killed or
who dies of injuries sustained while performing services in the city under such agreement shall be covered by workmen's compensation insurance of
the city.
(h)
No public safety officer of the city otherwise entitled to the benefits of workmen's compensation insurance shall be deprived thereof by reason of
the fact that such officer was injured, killed or death occurred as a result of injuries sustained in another municipality; provided that, any such injury
or death occurred while such officer was performing services pursuant to such agreement, under the authorization of the director of public safety of
the city.
(i)
The contract provided for in this section, insofar as it is applicable to any particular municipality, may be terminated at any time by any party hereto
thirty (30) days after service upon the clerk of each remaining contracting municipality of a certified copy of an ordinance terminating the agreement
of such municipality.
(Code 1980, § 200.120)
Sec. 2-195. - Provision for interchange of fire and ambulance services.
(a) The city hereby authorizes contracts with the following cities:
Berkeley, Brentwood, Clayton, Crestwood, Ferguson, Frontenac, Glendale, Hazelwood, Jennings, Kirkwood, Ladue, Maplewood, Olivette,
Richmond Heights, Rock Hill, Shrewsbury, St. Charles, St. Louis, University City and Webster Groves
and the following fire protection districts:
Affton, Black Jack, Chesterfield, Community, Cottelville, Creve Coeur, Eureka, Fenton, Florissant Valley, High Ridge, Kinloch, Lemay, Maryland
Heights, Mehlville, Metro West, Mid-County, Moline, Normandy, O'Fallon, Pacific, Pattonville/Bridgeton Terrace, Riverview, Rock Community,
Robertson, St. Charles County, St. Peters, Shady Valley, Spanish Lake, Springdale, Valley Park, West County EMS & Fire and West Overland.
(b)
Said contract with each municipal fire department and fire protection district shall be effective only upon the passage and approval of a like
ordinance by the legislative body of any of said cities or fire protection districts for an interchange of fire protection and ambulance assistance of the
fire departments of said municipalities and fire protection districts respectively, and shall be substantially upon the conditions and provisions
hereinafter contained:
(1)
It is understood and agreed that some fire departments and fire districts provide fire protection and ambulance services to areas outside their
geographic boundaries under contractual arrangements. (The Des Peres Department of Public Safety provides fire protection and ambulance
service to an unincorporated area of St. Louis County known as Corporate Hill). All such areas served under contract shall be considered to be a
part of the contracting jurisdiction under the terms of this section.
(2)
The public safety department of the city shall respond to fire alarms or requests for emergency medical assistance to any part of any of the cities
or fire protection districts covered under this agreement and all such cities or fire protection districts shall respond to any calls for fire alarms or
ambulance service assistance requested to any part of the city. The terms fire alarms on call or ambulance assistance shall include rescues,
move-up and other emergency or tactical operations.
(3)
The consideration for the fire protection and ambulance services of the fire department of each municipality or fire protection district herein
mentioned shall be the service given for the protection of the lives and property in such city or fire protection district by the service of the fire
departments of the jurisdictions hereto, and no compensation shall accrue or be paid by any of the jurisdictions for the service of the fire
departments of the other said jurisdiction.
(c)
(4)
None of the cities or fire protection districts shall be liable to the other for failure to respond to any call by the other of such municipalities or fire
protection districts, or for the delay or negligence or mistake in responding to any call, nor shall this contract be interpreted as being an
agreement for the benefit of any third person.
(5)
Neither the city nor any other of said cities or fire protection districts shall be liable by reason of this contract to any firefighter, emergency
medical service (EMS) personnel, office or employee of the other, nor shall any firefighter, EMS personnel, official or employee of either the city
or any one of the said municipalities or fire protection districts respectively be considered for any purpose a firefighter, EMS personnel, official or
employee of any city or fire protection district other than by the one by which such individual is regularly employed.
(6)
In the case of loss or damage to equipment or property of any said cities or fire protection districts while responding to fire alarms or request for
ambulance assistance, such loss or damage shall be borne by the jurisdiction owning such equipment or property.
Said contract may be terminated by any city or fire protection district by the passage of an ordinance so providing by the legislative body of the city
or board of directors of the fire protection district. Termination of this agreement by any city or fire protection district shall not affect this agreement
between the other cities and fire protection districts. Notice of passage of such an ordinance shall be given by written notice to the chief elected
official of the city, cities or district(s) in question and the termination shall be effective sixty (60) days from the date of service of such notice. Unless
sooner terminated, the provisions of this section shall in any event terminate five (5) years from the date of enactment of this section, as set forth
below, according to the provisions of section 71.380, RSMo. 1994.
5-13-96; Ord. No. 1780, § 1, 5-13-96)
DIVISION 2. - COMMISSION[8]
Sec. 2-211. - Commission created.
There is hereby created and established a public safety commission which shall advise the mayor, board of aldermen and director of public safety on
any and all matters relating to the operation of the department of public safety including but not limited to the provisions of public safety services to the
city, and shall carry out such further duties as set forth herein.
(Ord. No. 1386, § 2, 5-8-89)
Sec. 2-212. - Composition; organization; meetings.
(a) The commission shall consist of five (5) members, one (1) citizen from each ward of the city, plus the mayor or his/her designee, and an alderman
selected by the board of aldermen. The director of public safety shall be a non-voting ex-officio member of the commission and shall attend all
meetings of the commission.
(b)
The term of office of each member of the commission, except the aldermanic representative, shall be for a term of two (2) years or until his/her
successor shall have been appointed and qualified. Nothing herein shall prevent a member from succeeding him/herself.
The initial appointment of the mayor's representative and the citizen member from Ward II shall expire on June 30, 1990, and in even-numbered
years thereafter. The initial appointment for the citizen members from Wards I and III shall expire on June 30, 1991, and in odd-numbered years
thereafter.
(c)
Each member of the commission shall have the following qualifications:
(1)
Shall have been a resident of the city for one (1) year preceding their appointment and shall at all times while holding office be a resident of the
city;
(2)
Each member must be at least twenty-one (21) years of age prior to the effective date of appointment;
(3)
Each member be of good character, integrity and reputation. No person shall serve on the commission if she/he is in arrears on any taxes due
the city or is not registered and qualified to vote or has been or is convicted of a felony.
(d)
The commission shall organize at its July meeting and shall elect one (1) of its appointed citizen members as chairman.
(e)
The commission shall meet no less often than once per month on a day and time established by the commission in conformity with section 2-3 of
this Code of Ordinances. The secretary to the director of public safety shall serve as secretary to the commission and shall keep minutes of all
meetings and shall supply copies of those minutes to the commission, mayor and board of aldermen.
(f)
Members of the commission shall serve without compensation.
(Ord. No. 1386, § 2, 5-8-89; Ord. No. 1526, § 1, 3-9-92)
Sec. 2-213. - Appointment and removal.
(a) Nominations for appointments to the commission shall be submitted to and obtain approval of the majority of the members of the board of
aldermen. Nominations shall be made in the following manner:
(b)
(c)
(1)
The citizen members representing the wards shall be nominated by the aldermen from the ward which they are to represent. In the event the
aldermen cannot agree, the mayor shall submit a nominee from among the names submitted by the two (2) aldermen;
(2)
In the event the mayor shall decide not to serve on the commission, the nomination of a mayor's representative shall be submitted in writing to
the board of aldermen;
(3)
The aldermanic representative shall be selected by the board of aldermen in accordance with section 2-22 of this Code.
Vacancies shall be filled in like manner as the original appointment and the term of office shall be to complete the unexpired term.
The mayor may, with the consent of the majority of all the members elected to the board of aldermen, remove from office any member of the
commission at will and any commissioner may be so removed by a two-thirds (2/3) vote of all the members elected to the board of aldermen,
independently of the mayor's approval or recommendation.
(Ord. No. 1386, § 2, 5-8-89)
Sec. 2-214. - Reserved.
Note— See the editor's note at Art. VI, Div. 2.
Sec. 2-215. - Powers, duties and responsibilities.
(a) The public safety commission shall act in an advisory capacity to the mayor, board of aldermen and director of public safety on policy matters
relating to the operations of the department. Policy matters shall be defined to include manpower levels and salaries, budgets, community relations,
training programs and law enforcement programs.
(b)
The commission shall, on request, make recommendations to the mayor and board of aldermen regarding the placement of traffic control devices
and other matters regarding the administration and enforcement of traffic regulations.
(c)
No member, nor shall the commission, have the power, nor shall they assert the power to exercise direct supervision over any member of the
department but shall contact the director in all matters requiring supervision or giving of orders. The commission shall not usurp or exercise, nor
attempt to usurp or exercise, any of the powers of the director of public safety but shall meet with the director and advise him/her of any matter it
believes requires attention or remedy.
(d)
The public safety commission, after conferring with the mayor and board of aldermen, may, in conjunction with consultants and other city officials,
conduct a process for the recruitment and selection of a director of public safety. The commission shall report its recommendations to the mayor
and board of aldermen. The commission shall hold all applicants, its deliberations and its reports confidential.
(e)
All appeals from disciplinary action involving termination of employees within the department of public safety shall be heard by the mayor and
board of aldermen in accordance with RSMo 194, §§ 79.240 and 85.011, as amended.
(f)
The commission shall perform such other services as may be assigned or directed by the mayor and board of aldermen.
(Ord. No. 1386, § 2, 5-8-89; Ord. No. 1998, § 1(C), 4-10-00
Sec. 2-216. - EMS fees.
It is the policy of the City of Des Peres to impose and collect a fee from the users of emergency medical transportation services provided by the
department of public safety commensurate with the cost of providing such service. Such fee may be less than the true cost of providing such service
taking into account the usual and customary rate for services provided by private ambulance companies and other public entities with which the city
enjoys mutual aid agreements for emergency medical services.
(a)
Fee established. Such fees shall be established by ordinance by the board of aldermen following review and recommendation by the public safety
commission. Such review shall occur no less often than annually.
(b)
Mutual aid. When services are provided within the city in response to a mutual aid request to an area municipal fire department or fire protection
district, such fee shall be charged regardless of whether the City of Des Peres or the mutual aid entity provides the service. No user fee will be
charged by the city if the department of public safety responds on a mutual aid request outside the city limits.
(c)
Collection. It is the policy of the City of Des Peres to accept as payment in full such amounts paid under Medicare or Medicaid or reflecting the usual
and customary rate paid by insurance carriers. The director of finance is authorized to waive any deductibles or co-pays or any remaining balances
not paid by the insurance carrier, Medicare or Medicaid and to waive payments for demonstrated financial hardship.
(d)
Annual report. The director of public safety and the director of finance shall provide an annual report to the board of aldermen on the amount of
such user fees billed, collected and written off as uncollectible.
(Ord. No. 2581, § 1, 8-8-11)
DIVISION 3. - DEPARTMENT
Sec. 2-231. - Established.
There is hereby created and established the department of public safety for the city.
(Code 1980, § 200.020)
Sec. 2-232. - Powers, duties and responsibilities.
The department of public safety shall perform all of the duties and responsibilities of the police, fire, and rescue services of the city and shall have all
the powers, duties, and responsibilities conferred upon the police, fire and rescue services by virtue of the statutes of the state, and the ordinances of the
city, and shall have such other and additional powers, duties and responsibilities as may be lawfully imposed upon it by any administrative directive,
resolution, rule, ordinance or provision of law.
(Code 1980, § 200.030)
Editor's note— Ord. No. 1385, § 2, adopted April 24, 1989, repealed § 2-233, which pertained to preparation of budget and derived from Code 1980, §
200.110. See the Code Comparative Table for a detailed analysis of inclusion of Ord. No. 1385.
DIVISION 4. - DIRECTOR[9]
Sec. 2-246. - Direction of public safety generally.
The department of public safety shall be headed by the director of public safety and shall include all other officers and employees assigned thereto.
All such officers and employees shall perform their duties subject to the supervision of the director of public safety.
Pursuant to approval of the voters of the city at an election held April 4, 1989, the office of marshal is abolished and the director of public safety is
hereby appointed as chief of police.
The director of public safety shall be accountable to the mayor and board of aldermen and at all times subject to the supervision, direction and
control of the city administrator.
(Ord. No. 1385, § 2, 4-24-89)
Sec. 2-247. - Appointment and removal.
(a) The mayor, after conferring with the public safety commission, shall appoint a director of public safety with the consent and approval of the board of
aldermen. Such appointment shall be for an indefinite term of office.
(b)
(1) The director of public safety may be removed from office only upon a finding of just cause, as the term is defined by statute, and in compliance
with the procedures outlined herein:
a.
(2)
(c)
The mayor or board of aldermen shall provide a written notice to the director of public safety no fewer than ten (10) days prior to the
meeting at which his or her removal is to be considered.
1.
Such written notice shall, at a minimum, include the following:
2.
Charges specifying just cause for which removal is sought;
3.
Statement of facts that are alleged to constitute just cause for the directors removal;
4.
Date, time and location of the meeting at which the director's removal will be considered;
b.
At such hearing, the director shall be given the opportunity to be heard before the board of aldermen, together with any witnesses, evidence
and counsel of his/her choosing.
c.
The board of aldermen, by a two-thirds vote of all of the members elected, independent of the mayor's approval or recommending, finds
just cause as the term is defined by statute for removing the director.
d.
Upon satisfaction of the removal procedures outlined herein, the director shall be immediately removed from office and shall be relieved of
all duties and responsibilities of said office and shall be entitled to no further compensation or benefits not already earned, accrued or
agreed upon.
e.
Any director removed pursuant to this section shall be issued a written notice of the grounds for his or her removal within fourteen (14)
calendar days of his or her removal.
For purposes of this section, "just cause" for removal exists when the director of public safety:
a.
Is unable to perform his or her duties with reasonable competence or reasonable safety as a result of a mental condition, including alcohol
or substance abuse;
b.
Has committed any act, while engaged in the performance of his or her duties that constitutes reckless disregard for the safety of the public
or another law enforcement officer;
c.
Has caused a material fact to be misrepresented for any improper or unlawful purpose;
d.
Acts in a manner for the sole purpose of fostering his or her self-interest or in a manner inconsistent with the interests of the public or the
board of aldermen;
e.
Has been found to violate any law, statute, or ordinance which constitutes a felony;
f.
Has been insubordinate or found to be in violation of a written established policy, unless such claimed insubordination or violation of a
written established policy was a violation of federal or state law or local ordinance.
The director of public safety shall be at least twenty-five (25) years of age and shall be chosen solely on the basis of his/her qualifications and
experience. At the time of appointment, the director shall meet all requirements established by law to obtain certification as a police officer in the
State of Missouri.
(Ord. No. 1385, § 2, 4-24-89; Ord. No. 2673, § 1, 9-9-13)
The department of public safety shall be headed by the director of public safety who shall combine the administrative offices of the police, fire and
emergency medical services and shall be responsible for:
(1)
All of the traditional duties, responsibilities and functions conferred by law, statute or ordinance upon the chief of police, fire chief or director of
emergency medical services;
(2)
Promulgation and administration such rules and regulations as are necessary for the operation of the department;
(3)
Keeping the commission, mayor and board of aldermen advised at all times on matters relating to the provision of the public safety services of
the city. When requested to do so, to submit reports on the performance of the department;
(4)
Attending all meetings of the public safety commission. If the director is unable to attend any such meeting, he/she shall designate a ranking
officer of the department to attend such meeting;
(5)
Such other powers, duties and responsibilities as shall, from time to time, be conferred upon the director by the mayor and/or board of
aldermen.
Wherever any statute, ordinance, regulation or law shall require a duty or responsibility in the police, fire or emergency medical service, such duty
shall be assumed and performed in the city by the department of public safety under the control and direction of the director.
(Ord. No. 1385, § 2, 4-24-89)
Sec. 2-249. - Costs of medical care of confined persons.
(a) The director of public safety shall assess the costs of any medical care necessarily provided to persons confined by or on behalf of the city against
the person receiving such care. The term "costs" means the actual costs of the care provided and, when actual costs are not readily ascertainable,
those costs assessed by the director which are reasonably related to the specific medical care provided.
(b)
If any confined person receiving medical care is assessed court costs in conjunction with the disposition of municipal ordinance violations, the
municipal judge shall assess and the court clerk shall collect from such person the costs of medical care assessed pursuant to the preceding section,
in addition to court costs or other amounts allowed by law.
(c)
The director of public safety with the approval of the board of aldermen is further authorized to employ whatever other means allowed by law to
collect the costs of medical care from the person receiving such care.
(Ord. No. 1605, § 1, 6-14-93)
ARTICLE VII. - DEPARTMENT OF PUBLIC WORKS[10]
Sec. 2-261. - Created.
There is hereby created the department of public works.
(Code 1980, § 120.100 (A); Ord. No. 1206, § 1, 9-8-86)
Sec. 2-262. - Director and other personnel.
The department of public works shall be headed by the director of public works (city engineer) and shall include all other officers and employees
assigned thereto. All such officers and employees shall perform their duties subject to the supervision of the director. The director of public works shall
be accountable to the city administrator and at all times is subject to the supervision, direction and control of the city administrator.
(Code 1980, § 120.100 (A); Ord. No. 1206, § 1, 9-8-86)
Sec. 2-263. - Qualifications, appointment and removal of director.
The director of public works shall be a professional engineer registered under the laws of the state or eligible for registration in Missouri. He/she
shall be at least twenty-one (21) years of age and shall be chosen solely on the basis of his/her qualifications and experience. The director of public works
shall be appointed by the mayor with the consent and approval of the board of aldermen for an indefinite term of office. The director of public works may
be removed from office by the mayor with the consent of the majority of the board or by the board of aldermen without approval of the mayor by a twothirds vote.
(Code 1980, § 120.100(B); Ord. No. 1206, § 1, 9-8-86)
Sec. 2-264. - Duties of director.
The director of public works shall serve as city engineer and shall be responsible for:
(1)
The construction, reconstruction, supervision, maintenance and repair of all city streets, curbs and sidewalks and all storm sewers not under the
jurisdiction of the Metropolitan St. Louis Sewer District.
(2)
The administration and enforcement of all building codes and ordinances including the issuance and revocation of permits and the making of
inspections required or authorized by law or the supervision and coordination of such enforcement, if provided under contract.
(3)
The administration and enforcement of all zoning ordinances of the city, including such inspections as necessary to ensure that all aesthetic
requirements are properly maintained. This shall include site plan reviews and inspections.
(4)
Construction of all public improvements and buildings and coordination of the work of all engineers, architects of planning consultants retained
by the city.
(5)
The lighting of public streets; the laying of conduits; the location, erection and construction of poles and appurtenances and all structures and
facilities, in, on or over public streets or rights-of-way; the granting of permits to excavate into or disturb any public property, street or other
public way.
(6)
Coordination of all activities involving the construction, operation and maintenance of all storm and sanitary sewers by the Metropolitan St.
Louis Sewer District and responsibility for such sewers not under the jurisdiction of MSD.
(7)
Supervision of the collection and disposal of garbage and refuse or the coordination of such activities if provided by contract.
(8)
Responsible for enforcement of health ordinances or supervision and coordination of such activities, if provided by contract.
(9)
The director of public works or a representative appointed by him shall attend all meetings of the planning and zoning commission and board of
adjustment and such meetings of the board of aldermen as designated by the city administrator.
(Code 1980, § 120.100(C); Ord. No. 1206, § 1, 9-8-86)
The director of public works shall be a nonclassified employee who shall be compensated as provided by ordinance of the board of aldermen.
(Code 1980, § 120.100(D); Ord. No. 1206, § 1, 9-8-86)
Sec. 2-266. - Provision for interchange of public works services.
(a) The city administrator, acting on behalf of the City of Des Peres, may enter into contract and agree to cooperate with other cities, towns and villages
within St. Louis County along with the St. Louis County Government and the City of St. Louis, for mutual aid assistance in the area of public works.
Such mutual aid contracts shall become effective and respond to each governmental entity upon the adoption of a like ordinance and execution of a
mutual aid agreement by each participating city or county.
(b)
Such mutual aid assistance shall include but is not limited to providing manpower and equipment from the building and streets divisions of the
department to assist in assessments and inspections of buildings and structures and to assist in emergency response to natural disasters including
floods, tornado, major fire or other naturally occurring or manmade catastrophe or incidents.
(c)
At all times, any employee performing services under this agreement shall continue as an employee of the city from which he/she came and shall
remain covered by liability and workers compensation insurance while performing services on behalf of the city under any such agreement.
(d)
No compensation shall be due or payable to another municipality for responding under the terms of this agreement except if the recipient
municipality is subsequently reimbursed its expenses under a federal or state declaration of emergency for which national or state emergency
management resources are made available.
(e)
Any equipment and property utilized in carrying out mutual aid under this agreement shall remain the property of the city and shall be at risk of the
city owning that equipment and any loss or damage to such equipment shall be borne by the owner municipality.
(f)
No city under this agreement shall be liable to any other for failure to respond to any call by the other or for delay or negligence or mistake in
receiving or responding to any call for mutual aid assistance.
(g)
Any contracts entered into under this agreement may be terminated at any time by any party by giving thirty (30) days written notice to the city clerk
of the other parties to the agreement. Termination by one party to the agreement shall not affect the agreements between other parties.
(Ord. No. 2716, § 1, 2-9-15)
ARTICLE VIII. - FINANCES
Sec. 2-281. - Fiscal year.
The fiscal year of the city shall begin on the first day of January and end on the last day of December.
(Code 1980, § 145.010; Ord. No. 1190, § 1, 6-9-86)
Sec. 2-282. - Budget—Submission.
At least sixty (60) days prior to the beginning of the fiscal year, the city administrator shall submit to the mayor and board of aldermen a city budget
and accompanying budget message.
(Code 1980, § 145.020)
Sec. 2-283. - Same—Contents.
(a) The city budget shall provide a complete financial plan for the ensuing fiscal year and, except as may be required by the mayor and board of
aldermen, shall be in such form as the city administrator deems desirable.
(b)
In no event shall the total proposed expenditures for any fund exceed the estimated revenues to be received plus any unencumbered balance from
the previous fiscal year or less any deficit estimated from the prior fiscal year.
(Code 1980, § 145.030; Ord. No. 1190, § 1, 6-9-86)
Sec. 2-284. - Same—Hearing; adoption; amendment.
(a) Public hearings. The board of aldermen shale at a minimum hold a public hearing on the proposed budget having first given notice not less than two
(2) weeks in advance of such hearing. Notice shall include a general summary of the proposed budget, the times and places where a copy of the
proposed budget can be inspected and the time and place of such hearing.
(b)
(c)
Adoption. The board of aldermen shall adopt by resolution the budget for the next fiscal year on or before the last day of the fiscal year currently
ending. In the event the board fails to adopt the budget by this date, the amount appropriated for current operations for the current fiscal year shall
be deemed adopted for the ensuing fiscal year on a month-to-month basis with all items prorated accordingly.
Amendments after adoption. Amendments to a budget after adoption shall be subject to the following:
(1)
Supplemental appropriations. The board of aldermen may by resolution adopt such supplemental appropriations as they shall deem appropriate
for additional expenditures not anticipated in the budget provided that the city administrator shall have certified that there are available for
appropriation current revenues in excess of those estimated in the budget or that sufficient unencumbered balances are available.
(2)
Reductions in appropriations. If at any time during the fiscal year it appears probable to the city administrator that the revenues available will be
insufficient to meet the amount appropriated, it shall be reported to the board of aldermen without delay. The city administrator shall indicate
the estimated amount of the deficit, any remedial action taken and recommendations as to any further steps to be taken.
(3)
Transfer of appropriations. The city administrator may authorize the transfer of any unencumbered surplus from one (1) account to another
within the accounts of any city department provided that the total for no department shall be increased without approval of the board of
aldermen.
(Code 1980, § 145.040; Ord. No. 1190, § 1, 6-9-86)
Sec. 2-285. - Authorization for mayor to execute affidavits enabling city to collect refunds or monies from the county road and bridge fund.
It shall be the duty of the mayor, and he/she is hereby authorized to execute on behalf of the city any and all affidavits which may be required by law
or by ordinance, rules or regulations of St. Louis County from year to year, or at any time in the future to enable the city to collect all refunds or sums of
money which may be due and payable to the city from the St. Louis County Road and Bridge Fund, including (but not limited to) an annual affidavit
showing how such funds will be or have been spent for the improvement and repair of public roads, streets and bridges within the corporate limits of the
city. Such affidavit shall be filed within two (2) years following December 31 of the year in which the particular tax was levied.
(Code 1980, § 120.020)
[11]
DIVISION 2. - AUDIT AND FINANCE COMMITTEE[11]
Sec. 2-296. - Composition, qualifications and appointment.
The audit and finance committee shall consist of six (6) members, who shall be appointed by the mayor with the consent of the majority of the board
of aldermen and one (1) member from the board of aldermen elected pursuant to section 2-22 of this Code.
Members of the audit and finance committee shall be residents of the city at the time of appointment and during their term of office. No more than
two (2) citizen members may be appointed from the same ward.
At a minimum, three (3) members of the audit and finance commission shall be educated or employed in a professional capacity as an accountant,
financial advisor, banker, or broker and shall qualify as "financial experts" as the term is defined in the Sarbanes-Oxley Act.
The mayor and city administrator shall be ex-officio members of the commission and entitled to attend all meetings. Such ex-officio members
including the aldermanic representative to the committee shall not have a vote on any recommendations of the committee. The director of finance shall
provide all staffing services to the commission.
(Ord. No. 2542, §§ 1, 2, 8-9-10)
Sec. 2-297. - Terms of members.
The members of the audit and finance committee appointed by the mayor shall serve for two (2) years beginning July first of the year of appointment.
Terms of office for the initial appointments to this commission shall be staggered with one-half (½) initially appointed for a term of one (1) year
ending June 30, 2011 and the balance for a full two (2) year term ending June 30, 2012.
(Ord. No. 2542, §§ 1, 2, 8-9-10)
Sec. 2-298. - Purpose and duties.
The purpose and duties of the audit and finance committee are to:
(1)
Review the annual budget determine if the budget meets statutory requirements of the state; that it is based on sound fiscal policy; that revenue
projections are reasonable; that adequate reserve or emergency funds are provided; that all financial obligations such as bond payments are
provided and that special funding or reserve accounts as provided by ordinance of the city are satisfied; and to make such recommendations to
the mayor and board of aldermen as they deem appropriate.
(2)
Consider proposed budget amendments during the course of the fiscal year requested by departments not included in the budget. The
committee may make any necessary recommendations for changes to the mayor and the city administrator.
(3)
Provide a spokesman at the aldermanic budget discussions.
(4)
Review monthly financial statements with the Director of Finance for budgetary control and sound management practices.
(5)
Make recommendations to the mayor and board of aldermen on the need for implementation of studies to improve results in broad areas of
management, organization and operation functions.
(6)
Prepare and recommend to the mayor and board of aldermen a scope of services for the city's auditors.
(7)
Interview firms which propose to perform the city's auditing function and recommend a firm to the mayor and the board of aldermen.
(8)
Review the results of the annual audit with the auditing firm prior to receiving the final audit report and to make such recommendations as they
deem appropriate.
(9)
Present the results of the audit at a regular meeting of the board of aldermen.
(10)
Perform such other duties as may be assigned by the mayor or the board of aldermen.
(Ord. No. 2542, §§ 1, 2, 8-9-10)
Sec. 2-299. - Organization and powers.
The committee is advisory. The committee at its discretion may request the city to undertake research, to advertise and to do other ministerial duties
as required. The committee will annually choose one (1) of its members as chairman.
(Ord. No. 2542, §§ 1, 2, 8-9-10)
Sec. 2-300. - Meetings
The audit and finance committee shall meet monthly, and in accord with the schedule established by the committee in conformity with section 2-3 of
this Code of Ordinances. The committee shall keep minutes of its meetings and provide the mayor and board of aldermen with copies of those minutes.
(Ord. No. 2542, §§ 1, 2, 8-9-10)
DIVISION 3. - PURCHASING CODE[12]
Sec. 2-311. - Short title.
This division may be known and cited as the "Purchasing Code of the City of Des Peres."
(Ord. No. 2365, § 1, 10-9-06)
Sec. 2-312. - Purpose.
The purpose of this division is to establish rules and procedures governing the procurement of materials, supplies, equipment and services for the
city and to maintain a high ethical standard for all officers and employees of the city in connection therewith.
It is the intention of the purchasing code to provide for a system to coordinate the bid process and to consolidate purchases where possible among
departments to achieve efficiencies and cost savings by joint purchasing on a citywide basis.
(Ord. No. 2365, § 1, 10-9-06)
Sec. 2-313. - Purchasing agent—Appointment.
The city administrator is hereby designated and authorized to serve as purchasing agent for the city. If the city administrator shall be temporarily
disabled or absent from the city, the following city officials shall serve as acting purchasing agent in order of succession: assistant city administrator,
director of finance, city clerk.
(Ord. No. 2365, § 1, 10-9-06)
Sec. 2-314. - Same—Duties generally.
The purchasing agent shall, in accordance with and subject to the rules, regulations and procedures in this division and all applicable laws:
(1)
Direct, supervise and be responsible for the procurement and acquisition of all materials, supplies and equipment, and all contractual services
and all insurance required by any department, agency, or office of the city, and by any other governmental department, agency or office with
respect to any procurement by such department, agency or office funded wholly or partially, either directly or indirectly, by city funds; provided,
however, the purchasing agent shall not be responsible for contracts for the acquisition of real estate, or for professional services, except as
provided herein. The purchasing agent has the authority to purchase such items in amounts up to and including five thousand dollars ($5,000.00)
without prior approval except that any and all formal contracts for services or items of equipment purchased by sealed bids must be approved
by resolution adopted by the mayor and board of aldermen.
(2)
Sell or dispose of all obsolete or unusable personal property of the city.
(Ord. No. 2365, § 1, 10-9-06)
Sec. 2-315. - Same—Duties regarding regulations.
The purchasing agent is hereby authorized and directed to adopt such written regulations, purchasing records, forms and procedures as may be
necessary for the implementation of this division. Any such regulations, records, forms and procedures adopted by the purchasing agent shall become
effective within thirty (30) days after submission to the board of aldermen unless they are disapproved by the board of aldermen within such thirty-day
period. Copies of such regulations, records, forms and procedures shall be on file at the office of the city clerk and shall be available for public inspection.
(Ord. No. 2365, § 1, 10-9-06)
Sec. 2-316. - Gifts and rebates prohibited.
The purchasing agent and every officer, agent and employee of the city are hereby prohibited from accepting, directly or indirectly, from any person
to whom any purchase order or contract is or might be awarded, any rebate, gift, money or anything of substantial value.
(Ord. No. 2365, § 1, 10-9-06)
Sec. 2-317. - Requisitions and estimates.
Each agency shall present to the purchasing agent in such manner, at such times and for such periods as the purchasing agent shall prescribe,
detailed estimates of its requirements for supplies, materials, equipment and contractual services. each agency may also present to the purchasing agent
at any time a requirement for any materials, supplies, equipment or services for which the need was not foreseen when the agency's detailed estimate
was presented. The purchasing agent shall examine each estimate or requirement and he/she shall have the authority to revise it as to quantity, quality,
or estimated cost after consulting with the head of the using agency.
(Ord. No. 2365, § 1, 10-9-06)
Sec. 2-318. - Purchase order issuance and validity subject to availability of funds.
A purchase order or contract shall be issued and become valid only when approved by the department head who shall have first determined that the
purchase is being made in compliance with these regulations and that there is a sufficient unencumbered balance in the appropriation account of the
using agency to fund such purchase order or contract, except where otherwise provided in the budget.
(Ord. No. 2365, § 1, 10-9-06)
Sec. 2-319. - Formal competitive bidding.
(a) Supplies, materials, equipment and contractual services shall be procured only after obtaining formal written bids when the value of the proposed
procurement is in excess of five thousand dollars ($5,000.00), or when directed by the board of aldermen, or when required by the laws of the state.
The procurement of several items of the same type at substantially the same time is a single purchase for the purpose of this division, and the total
cost of all of such items will determine whether a formal competitive bidding procedure must be followed. No contract or purchase shall be
subdivided to avoid competitive bidding procedures.
(b)
(c)
Such bids shall be invited through a notice to be published in a newspaper of general circulation by the city clerk in the county, at least two (2) weeks
prior to the date specified for submission of bids. A public notice shall also be posted on the city website and in a prominent and public place at the
government center. Such notice shall include: A general description of the item or items to be purchased; the conditions of such purchase; the place
where specifications and bid forms may be secured; the time and place for submitting such bids; the time and place for acceptance of bids. The
purchasing agent will also solicit bids by mailing copies of the specifications and bidding documents to prospective vendors.
All bids for any contract or purchase may be rejected with or without reason and a provision to this effect shall be included in all notices or
advertisements.
(d)
The purchasing agent may advertise for sealed bids for any item for which an appropriation has been made in the annual budget of the city, or upon
approval of a majority of the members of the board of aldermen.
(e)
All bids shall be sealed, shall be identified as bids on the envelope and shall be submitted to the city clerk within the time and at the place stated in
the public notice inviting bids. The time of receipt of each bid shall be entered by the receiving employee on the envelope containing such bid.
(f)
The purchasing agent or his/her authorized representative together with a representative of the department which has requested the bid shall
publicly open all bids at the time and place designated in the notice to bid, and shall in conjunction with the head of the using agency, prior to the
next regular meeting of the board of aldermen after the bid time expires, prepare a written summary of all bids, including a review of the facts. All
bids received shall be made available for inspection as a public record; and results of the bidding and awarding of contracts shall be posted in a
prominent and public place at the community and government center.
(g)
After presentation of the available data, the board of aldermen, at a regular or special meeting, shall award the contract to the lowest responsive,
responsible, timely bidder for the goods or services to be procured; provided, however, the board of aldermen shall have the authority to reject all
bids.
(h)
Subsequent to the award by the board of aldermen, the purchasing agent shall by purchase order or formal contract enter into an agreement with
the bidder selected by the board of aldermen for procurement of the goods and services to be procured.
(i)
When deemed necessary by the purchasing agent, bid deposits may be required. Such deposits may be required to be in the form of a certified check
or bid bond and may be for the amount of one thousand dollars ($1,000.00) or ten (10) percent of the amount of the bid, whichever is greater. When
so required, all bids not accompanied by such deposit shall be rejected. Such bid deposit shall be returned to all bidders upon execution of a contract
with, or of a purchase order to the successful bidder. A successful bidder shall forfeit his/her deposit if he/she fails to enter into a contract within
twenty (20) days after the award.
(j)
The successful bidder may be required to post a performance bond whenever the same is deemed appropriate by the purchasing agent; provided,
however, such requirement is set forth in the conditions of bidding. Such performance bond may be in the form of a specified amount or a
percentage of the value of the proposed purchase. The purchasing agent shall establish, in the conditions of bidding, such terms as may be deemed
appropriate to protect the interest of the city.
(k)
The city clerk shall maintain all files and records including a copy of the bid specifications and original copies of all bids verifying compliance with the
provisions of this Code.
(l)
It shall be unlawful and a violation of this policy for any employee to subdivide a bid for purposes of evading these bidding requirements.
(Ord. No. 2365, § 1, 10-9-06)
Sec. 2-320. - Open market purchases.
The purchasing agent may, without prior authority, acquire in the open market all goods and services with a value of less then five thousand dollars
($5,000.00). Such acquisition shall be based upon sound procurement principles. Formal bids shall not be required, but whenever practicable, purchases
of the value between one thousand five hundred dollars ($1,500.00) and three thousand dollars ($3,000) shall be based upon a minimum of three (3) oral
quotes and purchases in excess of three thousand dollars ($3,000.00) but less than five thousand dollars ($5,000.00) shall be based upon written
quotations from three (3) or more vendors. A written summary of such quotations filed with the department of finance in conjunction with presentation
of warrants for payment. Purchases under one thousand five hundred dollars ($1,500.00) may be made as open purchases and employees shall take
every reasonable effort to ensure that competitive prices are received.
(Ord. No. 2365, § 1, 10-9-06)
Sec. 2-321. - Emergency purchases.
The purchasing agent is authorized to enter into emergency contracts in an amount not to exceed fifteen thousand dollars ($15,000.00) with
authorization of the mayor without compliance with the requirements of section 2-319. Provided, however, all such purchases and the reasons therefore
shall be reported in writing to the board of aldermen at its next regular meeting. In the event of an emergency, the board of aldermen may, by resolution,
suspend these purchasing rules for the duration of such emergency and authorize the purchasing agent and/or department directors to make such
emergency purchases as necessary exercising a "prudent man rule" for such purchases.
(Ord. No. 2365, § 1, 10-9-06)
Sec. 2-322. - Absence or rejection of bids.
The board of aldermen may, by resolution, approve negotiated procurement of goods or services of a value in excess of five thousand dollars
($5,000.00) if there have been no responsive bids to an advertisement for bids, or if the board of aldermen has rejected all bids.
(Ord. No. 2365, § 1, 10-9-06)
Sec. 2-323. - Sole source, specialized and nonstandard items.
The board of aldermen may, by resolution, approve negotiated procurement of goods or services of a value in excess of five thousand dollars
($5,000.00) without requiring formal competitive bids if the board of aldermen determines from all information submitted to it by the purchasing agent
and the using agency that use of a specific product, manufacturer or vendor is desirable to maintain consistency of equipment, such goods are of such
specialized or nonstandard nature that they can be acquired only from a sole source of supply and that no similar standard goods would reasonable
satisfy the city's requirements.
(Ord. No. 2365, § 1, 10-9-06)
Sec. 2-324. - Professional services.
When professional services, in addition to those provided by the city's employees and other officers are required by the city, the purchasing agent
shall solicit a request for qualifications (RFQ) from qualified vendors. In evaluating the qualifications of each firm, the city shall use the following criteria:
1.
The specialized experience and technical competence of the firm with respect to the type of services required;
2.
The capacity and capability of the firm to perform the work in question, including specialized services, within the time limitations fixed for
completion of the project;
3.
The past record of performance of the firm with respect to such factors as control of costs, quality of work and ability to meet schedules;
4.
The firm's proximity to and familiarity with the area in which the project is located.
Following selection of the firm considered best qualified and capable of performing the desired work, the purchasing agent shall negotiate a contract
for the project with the firm selected. Prior to negotiation, the city shall prepare a written description of the scope of work which shall be used as the
basis for contract negotiations. If the city is unable to negotiate a satisfactory contract with the firm selected, the city shall then undertake negotiations
with another of the qualified firms selected.
Architects, engineers and land surveyors are encouraged to annually submit a statement of qualifications and performance data with the director of
public works. If three (3) or more qualified firms are on-file offering a specific professional service needed by the city, the purchasing agent need not
advertise a request for qualifications (RFQ). Provided, however, nothing herein shall preclude the city from advertising or soliciting for proposals.
(Ord. No. 2365, § 1, 10-9-06; Ord. No. 2454, § 1, 1-28-08)
Sec. 2-325. - Real estate.
Real estate shall be acquired by the city only pursuant to a contract authorized and approved by an ordinance enacted by the board of aldermen.
(Ord. No. 2365, § 1, 10-9-06)
Sec. 2-326. - Public improvements.
(a) Public improvements covered by ordinances of the city shall be contracted for in the manner provided in this division.
(b)
Emergency work or repairs requiring prompt attention, ordinary maintenance work, work to be paid out of the general fund of the city for which
specific provision was made in the budget and work to be paid out of the appropriated proceeds of any bond issue authorized by vote of the people,
shall be procured as provided by the provisions of this division applicable to the type of procurement involved.
(Ord. No. 2365, § 1, 10-9-06)
Sec. 2-327. - Inspection and testing.
(a) The purchasing agent, or his/her agent, shall inspect or supervise the inspection of all deliveries of supplies, materials, equipment or contractual
services to determine their conformance with the specifications set forth in the order or contract.
(b)
The purchasing agent may authorize using agencies or departments having the staff and facilities for adequate inspection to inspect all deliveries
made to such using agencies under rules and regulations which the purchasing agent shall prescribe.
(c)
The purchasing agent shall have the authority to require chemical and physical tests of bid and delivery samples to determine their quality and
conformance with the specifications. In the performance of such tests, the purchasing agent shall have the authority to make use of laboratory
facilities of any outside laboratory.
(Ord. No. 2365, § 1, 10-9-06)
Sec. 2-328. - Cooperative purchasing.
The purchasing agent shall have authority to join with the state, county or any other governmental units in cooperative purchasing when the best
interests of the city would be served by such cooperative purchasing and shall be considered in compliance with the procedures of the purchasing code.
Provided that, the process for seeking such cooperative purchases must be done in accordance with the principles and intent of these regulations.
(Ord. No. 2365, § 1, 10-9-06)
Sec. 2-329. - Disposition of surplus supplies, materials and equipment.
(a) All using agencies shall submit to the purchasing agent, at such times and in such form as he/she shall prescribe, reports showing stocks of all
supplies, materials and equipment which are no longer used or which have become obsolete, worn out or unusable.
(b)
The purchasing agent shall have the authority to transfer surplus supplies, materials and equipment to other using agencies, or he/she shall have
the authority to exchange such personal property on new supplies, materials and equipment.
(c)
Surplus, unusable or obsolete supplies, materials and equipment whose estimated value is in excess of two thousand dollars ($2,000.00) shall be sold
by formal written contract to the best responsible bidder, after due notice inviting bids in a manner similar to the process provided for procurement
by competitive bids.
(d)
Sales of surplus, obsolete, or unusable personal property valued at less than two thousand dollars ($2,000.00) shall be made in the open market, and
in accordance with the procedure set forth for open market purchases.
(Ord. No. 2365, § 1, 10-9-06)
Sec. 2-330. - Unauthorized purchases.
Except as provided in regulations prescribed by the purchasing agent, it shall be unlawful for any officer or employee of the city other than the
purchasing agent to purchase materials, supplies or equipment, or to enter into contracts for any goods or services, and the city shall not be bound by
any purchase ordered or any contract made in violation of the provisions of this division
(Ord. No. 2365, § 1, 10-9-06)
Sec. 2-331. - Liability of officer violating provisions.
If any officer of the city shall knowingly violate any provision of this division, he/she shall be personally liable to the city and liable under his bond, if
any, for any damages suffered by the city.
(Ord. No. 2365, § 1, 10-9-06)
Sec. 2-332. - Local and buy American policy.
It is the policy and intent of the city in the awarding of contracts and the purchase of goods and materials to encourage doing business with suppliers
located within the city or who supply or use manufactured products or commodities which have been manufactured, assembled or produced in the
United States. The purchasing agent shall cause a notice to be included in all specifications that the city prefers to purchase goods and commodities
which qualify as "AMERICAN MADE" products and shall require a statement from each vendor of the percentage of the product manufactured, assembled
or produced in the United States.
(Ord. No. 2365, § 1, 10-9-06)
Sec. 2-333. - Payment of bills.
No bill shall be paid unless a warrant has been first prepared and executed by the head of the department in which the expense was incurred, the
warrant approved by the following city officials:
(1)
The director of the department in which the purchase has been made to verify the authenticity of the purchase and receipt of the goods
included therein;
(2)
The director of finance to verify that the purchasing code has been followed, that the item is being charged to the correct account and that
sufficient funds remain within the departmental budget;
(3)
The city administrator for final approval.
All warrants in excess of one thousand dollars ($1,000.00) shall appear on a warrant list submitted to the board of aldermen for review and approval.
No bill on said warrant list shall be paid without approval of the board of aldermen except as authorized by the city administrator. The city administrator
is authorized to approve payment prior to board approval for deposits, all expenditures relating to payroll, utility bills including street lights and such
other bills for which reasonable discounts can be received from early payment or when holding same for board approval would result in penalties to the
city.
(Ord. No. 2365, § 1, 10-9-06)
Sec 2-334. - Reimbursement of expenses.
Purchases made using credit or debit cards, purchase cards or store charges issued to or in the name of the city, may be used only for purchasing on
behalf of the city by full-time employees in their scope of employment. No personal purchases may be made even if it is the intention of the employee or
city official to reimburse the city.
Purchases made using credit or debit card, whether involving use of a personal card or one issued to the city, are to be considered personal
obligations of the employee making such purchases and payment of such cards shall be subject to reimbursement in accordance with regulations
established by the purchasing agent.
(Ord. No. 2365, § 1, 10-9-06)
DIVISION 4. - DEPARTMENT OF FINANCE[13]
Sec. 2-335. - Creates.
There is hereby created a department of finance.
(Ord. No. 1582, § 1, 12-21-92)
Sec. 2-336. - Director and other personnel.
The department of finance shall be headed by the director of finance and shall include such other officers and employees assigned thereto. All such
employees shall perform their duties subject to supervision of the director.
The director of finance shall be accountable to the city administrator and at all times subject to the supervision, direction and control of the city
administrator.
(Ord. No. 1582, § 1, 12-21-92)
Sec. 2-337. - Appointment and removal of director.
The director of finance shall be at least twenty-one (21) years of age and shall be chosen solely on the basis of his/her qualifications or experience.
The director shall possess a minimum of a bachelor degree in accounting, business, finance, public admininstration or similar field. The director of
finance need not be a resident of the city at the time of appointment or as a condition of employment.
The director shall be appointed by the mayor with the consent and approval of the board of aldermen for an indefinite term of office. The director
may be removed from office by the mayor with the consent of the majority of the board of aldermen or by the board of aldermen without approval of the
mayor by a two-thirds (2/3) vote.
(Ord. No. 1582, § 1, 12-21-92)
The director of finance shall be a nonclassified employee who shall be compensated as provided by ordinance of the board of aldermen.
(Ord. No. 1582, § 1, 12-21-92)
Sec. 2-339. - Responsibilities.
The director of finance shall serve as chief financial officer of the city and shall:
(1)
At all times, keep the mayor, board of aldermen and city administrator apprised of the financial condition of the city;
(2)
Have responsibility for maintenance of all accounts and finnacial records of the city, including the general ledger and special accounts;
(3)
Have responsibility for receipt of all revenues due to the city and to take such steps as necessary and as provided by law for collection of all
monies owed to the city;
(4)
Disburse all city funds including accounts payable and payroll;
(5)
Have responsibility for investment of all city funds within the guidelines established by the board of aldermen;
(6)
Have responsibility for all fixed assets of the city, including coordination of the work of other departments in conducting periodic inventories;
(7)
Examine and audit the accounts of all city departments;
(8)
Have responsiblility for acquisition of all insurance purchased by the city and coordinate all claims against said policies;
(9)
Provide management information systems support to all city departments;
(10)
Issue all licenses except those which are otherwise required by ordinance to be issued by a different department or office. Responsibility for
business/merchant licenses, liquor licenses and vending licenses are specifically assigned to this department;
(11)
Provide staff support to the audit and finance committee;
(12)
Prepare estimates of revenue and provide such other assistance as requested by the city administrator in preparation of the budget;
(13)
Serve as liaison to the municipal court and supervise the activities of the court clerk.
(Ord. No. 1582, § 1, 12-21-92; Ord. No. 1670, § 1, 7-20-94)
ARTICLE IX. - CONFLICTS OF INTEREST AND FINANCIAL DISCLOSURE
Sec. 2-340. - Definitions.
As used in sections 2-340 through 2-348, the following terms shall have the following meanings:
Adversary proceeding. Any proceedings in which a record of the proceedings may be kept and maintained as a public record at the request of either
party by a court reporter, notary public or some other person authorized to keep such record by law or any rule or regulation of the agency conducting
the hearing; or from which an appeal may be taken directly or indirectly, or any proceeding from the decision of which any party may be granted, on
request a hearing de novo; or any arbitration proceeding; or a proceeding of a personnel review board; or an investigative proceeding initiated by an
official, department, division or agency which pertains to matters which, depending on the conclusion of the investigation, could lead to a judicial or
administrative proceeding being initiated against the party by the official, department, division or agency.
Business entity. A corporation, association, firm, partnership, proprietorship or business entity of any kind or character.
Business with which one is associated:
(1)
Any sole proprietorship owned by oneself, one's spouse or any dependent children in one's custody; or
(2)
Any partnership or joint venture in which one or one's spouse is a partner, other than a limited partner of a limited partnership, and any
corporation or limited partnership in which one is an officer or director or of which either one or one's spouse or dependent child in one's
custody whether singularly or collectively owns in excess of ten (10) percent of the outstanding shares of any class of stock or partnership units;
or
(3)
Any trust as to which one is a trustee or settlor or in which one or one's spouse or dependent child whether singularly or collectively is a
beneficiary or holder of a reversionary interest of ten (10) percent or more of the corpus of the trust.
City. The City of Des Peres, Missouri.
Commission. The Missouri Ethics Commission established pursuant to state law.
Confidential information. All information whether transmitted orally or in writing which is of such a nature that it is not, at that time, a matter of public
record or public knowledge.
Decision-making public servant. An official, appointee or employee of the city who exercises supervisory authority over the negotiation of contracts, or
has the legal authority to adopt or vote on the adoption of rules and regulations with the force of law or exercises primary supervisory responsibility over
purchasing decisions and is designated as a decision-making public servant by the board of aldermen.
Dependent child or dependent child in one's custody. All children, stepchildren, foster children and wards under the age of eighteen (18) residing in
one's household and who receive in excess of fifty (50) percent of their support from the individual.
Substantial interest. Ownership by the individual, the individual's spouse, or the individual's dependent children, whether singularly or collectively,
directly or indirectly, of ten (10) percent or more of any business entity, or of an interest having a value of ten thousand dollars ($10,000.00) or more, or
the receipt by an individual, the individual's spouse or the individual's dependent children, whether singularly or collectively, of a salary, gratuity, or other
compensation or remuneration of five thousand dollars ($5,000.00), or more, per year from any individual, partnership, organization, or association
within any calendar year.
Substantial personal or private interest in any measure, bill, order or ordinance. Any interest in a measure, bill, order or ordinance which results from a
substantial interest in a business entity.
(Ord. No. 1488, § 1, 8-12-91)
Sec. 2-341. - Prohibited actions; all officials and employees.
No elected or appointed official or employee of the city shall:
(1)
Act or refrain from acting in any capacity in which one is lawfully empowered to act as an official or employee by reason of any payment, offer to
pay, promise to pay, or receipt of anything of actual pecuniary value paid or payable, or received or receivable, to oneself or any third person,
including any gift or campaign contribution, made or received in relationship to or as a condition of the performance of an official act, other than
compensation to be paid by the city; or
(2)
Use confidential information obtained in the course of or by reason of one's employment or official capacity in any manner with intent to result
in financial gain for oneself, one's spouse, dependent child in one's custody, or any business with which one is associated; or
(3)
Disclose confidential information obtained in the course of or by reason of one's employment or official capacity in any manner with intent to
result in financial gain for oneself or any other person; or
(4)
Favorably act on any matter that is so specifically designed so as to provide a special monetary benefit to such employee or official or the
employee's or official's spouse or dependent children, including but not limited to increases in retirement benefits, whether received from the
city or any third party by reason of such act. For the purposes of this section, "special monetary benefit" means being materially affected in a
substantially different manner or degree than the manner or degree in which the public in general will be affected or, if the matter affects only a
special class of persons, then affected in a substantially different manner or degree than the manner or degree in which such class will be
affected. In all such matters such officials or employees must recuse themselves from acting and not be relieved by reason of the provisions of
section 2-348(c), below, except that such official or employee may act on increases in compensation subject to the restrictions of the Missouri
Constitution; or
(5)
Use one's decision-making authority for the purpose of obtaining a financial gain which materially enriches oneself, one's spouse or dependent
children by acting or refraining from acting for the purpose of coercing or extorting from another anything of actual pecuniary benefit.
(Ord. No. 1488, § 1, 8-12-91)
Sec. 2-342. - Prohibited actions; executive or administrative officials and employees.
No elected or appointed official or employee of the city, serving in an executive or administrative capacity, shall:
(1)
Perform any service for the city or for any agency of the city over which the officer or employee has supervisory power for receipt of any
compensation, other than the compensation provided for the performance of one's official duties, in excess of five hundred dollars ($500.00) per
annum, except on transactions made pursuant to an award on a contract let or sale made after public notice and competitive bidding, provided
that the bid or offer is the lowest received; or
(2)
Sell, rent or lease any property to the city or to any agency of the city over which the officer or employee has supervisory power and received
consideration therefor in excess of five hundred dollars ($500.00) per year unless the transaction is made pursuant to an award on a contract let
or sale made after public notice and in the case of property other than real property, competitive bidding, provided that the bid or offer accepted
is the lowest received; or
(3)
Participate in any matter, directly or indirectly, in which the officer or employee attempts to influence any decision of the city or any agency of
the city over which the officer or employee has supervisory power, when the officer or employee knows the result of such decision may be the
acceptance of the performance of a service or the sale, rental or lease of any property to the city or that agency for consideration in excess of
five hundred dollars ($500.00) value per annum to the officer or employee, to his or her spouse, to a dependent child in his or her custody or to
any business with which the officer or employe is associated, unless the transaction is made pursuant to an award on a contract let or sale made
after public notice and in the case of property other than real property, competitive bidding, provided that the bid or offer accepted is the lowest
received; or
(4)
Perform any service for consideration, during one (1) year after termination of his office or employment, by which the officer or employee
attempts to influence a decision of the city or any agency of the city over which the officer or employee had supervisory power, except that this
provision shall not be construed to prohibit any person from performing such service and receiving compensation therefor, in any adversary
proceeding or in the preparation or filing of any public document or to prohibit an employee of one department or agency of the city from being
employed by another department or agency of the city; or
(5)
Perform any service for any consideration for any person, firm or corporation after termination of the officer's term or the employee's
employment in relation to any case, decision, proceeding or application with respect to which the officer or employee was directly concerned or
in which the officer or employee personally participated during the period of his or her service or employment.
(Ord. No. 1488, § 1, 8-12-91)
Sec. 2-343. - Prohibited acts; members of the board of aldermen.
(a) No member of the board of aldermen shall:
(b)
(1)
Perform any service for the city or any agency thereof for any consideration other than the compensation provided for the performance of one's
official duties; or
(2)
Sell, rent or lease any property to the city or any agency of the city for consideration in excess of five hundred dollars ($500.00) per annum
unless the transaction is made pursuant to an award on a contract let or sale made after public notice and in the case of property other than
real property, competitive bidding, provided that the bid or offer accepted is the lowest received; or
(3)
Attempt, for any compensation other than the compensation provided for the performance of one's official duties, to influence the decision of
any agency of the city on any matter; except that, this provision shall not be construed to prohibit such person from participating for
compensation in any adversary proceeding or in the preparation or filing of any public document or conference thereon; or
No sole proprietorship, partnership, joint venture, or corporation in which any member of the board of aldermen is a sole proprietor, a partner
having more than ten (10) percent partnership interest, or a coparticipant or owner of in excess of ten (10) percent of the outstanding shares in any
class of stock, shall:
(1)
Perform any service for the city or any agency thereof for any consideration in excess of five hundred dollars ($500.00) per annum unless the
transaction is made pursuant to an award on a contract let after public notice and competitive bidding, provided that the bid or offer accepted is
the lowest received; or
(2)
Sell, rent or lease any property to the city or any agency of the city where the consideration is in excess of five hundred dollars ($500.00) per
annum unless the transaction is made pursuant to an award on a contract let or sale made after public notice and in the case of property other
than real property, competitive bidding, provided that the bid or offer accepted is the lowest received.
(Ord. No. 1488, §1, 8-12-91)
Sec. 2-344. - Disclosure of interest required.
(a) Any member of the board of aldermen who has a substantial personal or private interest in any measure, bill, order or ordinance proposed or
pending before the board of aldermen, shall, before passing on the measure, bill, order or ordinance, file a written report of the nature of the
interest with the city clerk and such statement shall be recorded in the minutes of the meeting.
(b)
Any member of the board of aldermen shall be deemed to have complied with the requirements of this section if he or she had filed, at any time
before passing on such measure, bill, order or ordinance, a financial interest statement pursuant to section 2-348(c), below, which discloses the basis
for his or her substantial personal or private interest or interests that he or she may have therein. Any member may amend his or her financial
interest statement to disclose any subsequently acquired substantial interest at any time before he or she passes on any measure, bill, order or
ordinance, and shall be relieved of the provision of subsection (a) of this section.
(Ord. No. 1488, § 1, 8-12-91)
Sec. 2-345. - Prohibited acts; persons with rulemaking authority.
(a) No member of any agency of the city who is empowered to adopt a rule or regulation, other than rules and regulations governing the internal affairs
of the agency, or who is empowered to fix any rate, adopt zoning or land use planning regulations or plans, or who participates in or votes on the
adoption of any such rule, regulation, rate or plan, shall:
(b)
(1)
Attempt to influence the decision or participate, directly or indirectly, in the decision of the agency of which he or she is a member when he or
she knows the result of such decision may be the adoption of rates or zoning plans by the agency which may result in a direct financial gain or
loss to such member, the member's spouse or a dependent child in the member's custody or to any business with which the member is
associated; or
(2)
Perform any service, during the member's term, for any person, firm or corporation for compensation other than the compensation provided
for the performance of the member's official duties, if by the performance of the service the member attempts to influence the decision of the
agency of which he or she is a member; or
(3)
Perform for one (1) year after termination of the member's term any service for compensation for any person, firm or corporation to influence
the decision or action of the agency which he or she served as a member; provided, however, that he or she may, after termination of his or her
office or employment, perform such service for consideration in any adversary proceeding or in the preparation or filing of any public document
or conference thereon unless he or she participated directly in that matter or in the receipt or analysis of that document while serving as a
member.
No such member or any business with which such member is associated shall knowingly perform any service for, or sell, rent or lease any property
to any person, firm or corporation which has participated in any proceeding in which the member adopted, participated in the adoption or voted on
the adoption of any rate or zoning plan or the granting or revocation of any license during the preceding year and received therefor in excess of five
hundred dollars ($500.00) per annum except on transaction pursuant to an award on a contract let or sale made after public notice and in the case of
property other than real property, competitive bidding, provided that the bid or offer accepted is the lowest received.
(Ord. No. 1488, § 1, 8-12-91)
Sec. 2-346. - Prohibited acts; persons in judicial or quasi-judicial positions.
(a) No person serving in a judicial or quasi-judicial capacity shall participate in such capacity in any proceeding in which:
(b)
(1)
He or she knows that a party is any of the following: his or her great-grandparent, grandparent, parent, stepparent, guardian, foster parent,
spouse, former spouse, child, stepchild, foster child, ward, niece, nephew, brother, sister, uncle, aunt, or cousin, or any firm or corporation in
which he or she has an ownership interest, or any trust in which he or she has any legal, equitable or beneficial interest; or
(2)
He or she knows the subject matter is such that he or she may receive a direct financial gain from any potential result of the proceeding, except
that no provision of this subsection shall be construed to prohibit him or her from participating in any proceeding by reason of the fact that the
city or any agency of the city, is a party.
No provision of this section shall be construed to prohibit him or her from entering an order disqualifying himself or herself or transferring the
matter to another court, body or person for further proceedings.
(Ord. No. 1488, § 1, 8-12-91)
Sec. 2-347. - Exceptions.
(a) No provisions of sections 2-340 through 2-348 shall be construed to prohibit any person from performing any ministerial act or any act required by
order of a court of law to be performed.
(b)
No provisions of sections 2-340 through 2-348 shall be construed to prohibit any person from communicating with the office of the attorney general
or any prosecuting attorney or any attorney for the city concerning any prospective claim or complaint then under consideration not otherwise
prohibited by law.
(c)
No provisions of sections 2-340 through 2-348 shall be construed to prohibit any person, firm, or corporation from receiving compensation for
property taken by the city under the power of eminent domain in accord with the provisions of the Missouri Constitution, the laws of the State of
Missouri or the ordinances of the city.
(Ord. No. 1488, § 1, 8-12-91)
Sec. 2-348. - Disclosure of conflicts of interest and substantial interests.
(a) Definitions. For purposes of this section, the following terms shall have the following meanings:
Chief administrative officer and chief purchasing officer shall mean the city administrator.
Elected official shall mean each person elected to a city office by the voters of the city or a portion thereof.
Full-time general counsel shall mean the city attorney, but only if employed by the city under such terms that he or she is precluded from providing
legal services to any person or entity other than the city.
Officials (or employees) authorized to promulgate or vote on rules and regulations with the force of law shall mean the members of the board of aldermen
and such other board, agency or commission members designated from time to time by the board of aldermen as having been specifically delegated
such authority.
(b)
(c)
(d)
Disclosure statements. Each elected official, the chief administrative officer of the city, the chief purchasing officer of the city and officials or
employees authorized to promulgate or vote on rules and regulations with the force of law shall disclose the following information by May 1 of each
year if any such transactions occurred during the previous calendar year:
(1)
For such person, and all persons within the first degree of consanguinity or affinity of such person, the date and the identities of the parties to
each transaction with a total value in excess of five hundred dollars ($500.00), if any, that such person had with the city, other than
compensation received as an employee of the city or payment of any tax, fee or penalty due to the city, and any other transfers for no
consideration to the city.
(2)
The date and identities of the parties to each transaction known to any such person with a total value in excess of five hundred dollars ($500.00),
if any, that any business entity in which such person has a substantial interest, had with the city, other than the payment of any tax, fee or
penalty due to the city or transactions involving payment for providing utility service to the city, and other than transfers for no consideration to
the city.
Financial interest statements. By May 1 of each year the following information for the previous year must be disclosed by the chief administrative
officer and the chief purchasing officer. In addition, any other elected or appointed official of the city may file a financial interest statement in lieu of
compliance with the requirements of section 2-344(a) above.
(1)
The name and address of each of the employers of such person from whom income of one thousand dollars ($1,000.00) or more was received
during the year covered by the statement; and
(2)
The name and address of each sole proprietorship owned by such person;
(3)
The name, address and general nature of business conducted by each general partnership and joint venture in which such person was a partner
or participant;
(4)
The name and address of each partner or coparticipant for each partnership or joint venture identified according to the preceding subsection,
unless such names and addresses are filed by the partnership or joint venture with the Missouri Secretary of State;
(5)
The name, address and general nature of the business conducted by any closely held corporation or limited partnership in which such person
owned ten (10) percent or more of any class of the outstanding stock or limited partnership units;
(6)
The name of any publicly traded corporation or limited partnership that is listed on any publicly regulated stock exchange or automated
quotation system in which such person owned two (2) percent or more of any class of outstanding stock, limited partnership units or other
equity interests;
(7)
The name and address of each corporation for which such person served in the capacity of a director, officer or receiver.
Financial interest statements shall be filed at the following times, but no person shall be required to file more than one (1) financial interest
statement in any calendar year:
(1)
Every person required to file a financial interest statement shall file the statement annually not later than May 1 and the statement shall cover
the calendar year ending the immediately preceding December 31; provided, that any person may supplement their financial interest statement
to report additional interests acquired after December 31 of the covered year until the date of filing of the financial interest statement.
(2)
Each person appointed to an office for which a financial interest statement is required by this section shall file the statement within thirty (30)
days of such appointment or employment.
(3)
Financial interest statements filed prior to January 1, 1993 shall be filed with the city clerk and with the Missouri Secretary of State. Reports filed
after January 1, 1993 shall be filed with the city clerk and with the Missouri Ethics Commission. All reports shall be available for public inspection
and copying during normal business hours of the city hall.
(Ord. No. 1488, § 1, 8-12-91)
Sec. 2-349. - Penalty.
Any person violating sections 2-340 to 2-348 of this chapter shall be prosecuted under the general penalty ordinance of the City of Des Peres as set
forth at section 1-10 of the Code of Ordinances.
(Ord. No. 2548, § 1, 8-23-10)
ARTICLE X. - OPEN MEETING AND RECORDS
As used in this article, unless the context otherwise indicates, the following terms mean:
Closed meeting, closed record, or closed vote. Any meeting, record or vote closed to the public.
Copying. If requested by a member of the public, copies provided as detailed in the provisions of this article, if duplication equipment is available.
Public business. All matters which relate in any way to the performance of the city's functions or the conduct of its business.
Public governmental body. Any legislative, administrative, governmental entity created by the constitution or statutes of this state, orders or
ordinances of the city, judicial entities when operating in an administrative capacity, or by executive order, including:
(1)
Any advisory committee or commission appointed by the mayor or board of aldermen;
(2)
Any other legislative or administrative governmental deliberative body under the direction of three (3) or more elected or appointed members
having rulemaking or quasijudicial power;
(3)
Any committee appointed by or at the direction of any of the entities and which is authorized to report to any of the above named entities, any
advisory committee appointed by or at the direction of any of the named entities for the specific purpose of recommending, directly to the
mayor, board of aldermen or the city administrator/clerk, policy or policy revisions or expenditures of public funds. The custodian of the records
of any public governmental body shall maintain a list of the policy advisory committees described in this subsection; and
(4)
Any quasipublic governmental body.
Public meeting. Any meeting of a public governmental body subject to this article at which any public business is discussed, decided, or public policy
formulated, whether such meeting is conducted in person or by means of communication equipment, including, but not limited to, conference call, video
conference, internet chat, or internet message board. The term "public meeting" shall not include an informal gathering of members of a public
governmental body for ministerial or social purposes when there is no intent to avoid the purposes of this article, but the term shall include a public vote
of all or a majority of the members of a public governmental body, by electronic communication or any other means, conducted in lieu of holding a public
meeting with the members of the public governmental body gathered at one (1) location in order to conduct public business.
Public record. Any record, whether written or electronically stored, retained by or of any public governmental body including any report, survey,
memorandum, or other document or study prepared for the public governmental body by a consultant or other professional service paid for in whole or
in part by public funds, including records created or maintained by private contractors under an agreement with a public governmental body or on behalf
of a public governmental body. The term "public record" shall not include any internal memorandum or letter received or prepared by or on behalf of a
member of a public governmental body consisting of advice, opinions and recommendations in connection with the deliberative decision-making process
of said body, unless such records are retained by the public governmental body or presented at a public meeting. Any document or study prepared for a
public governmental body by a consultant or other professional service as described in this section shall be retained by the public governmental body in
the same manner as any other public record.
Public vote. Any vote, whether conducted in person, by telephone, or by any other electronic means, cast at any public meeting of any public
governmental body.
Quasipublic governmental body. Any person, corporation or partnership organized or authorized to do business in this state pursuant to the
provisions of chapter 352, 353, or 355, RSMo., or unincorporated association which either:
(1)
Has as its primary purpose to enter into contracts with public governmental bodies, or to engage primarily in activities carried out pursuant to
an agreement or agreements with public governmental bodies; or
(2)
Performs a public function, as evidenced by a statutorily based capacity to confer or otherwise advance, through approval, recommendation or
other means, the allocation or issuance of tax credits, tax abatement, public debt, tax exempt debt, rights of eminent domain, or the contracting
of lease-back agreements on structures whose annualized payments commit public tax revenues; or any association that directly accepts the
appropriation of money from the city, but only to the extent that a meeting, record, or vote relates to such appropriation.
Sec. 2-351. - Meeting, records and votes to be public; exceptions.
All meetings, records and votes are open to the public; except that any meeting, record, minutes or vote relating to one (1) or more of the following
matters, as well as other materials designated elsewhere in this article, shall be closed unless the public governmental body votes to make them public:
(1)
Legal actions, causes of action or litigation involving a public governmental body and any confidential or privileged communications between a
public governmental body or its representatives and its attorneys. However, any minutes, vote, or settlement agreement relating to legal actions,
causes of action, or litigation involving a public governmental body or any agent or entity representing its interests or acting on its behalf or with
its authority, including any insurance company acting on behalf of a public government body as its insured, shall be made public upon final
disposition of the matter voted upon or upon the signing by the parties of the settlement agreement, unless, prior to final disposition, the
settlement agreement is ordered closed by a court after a written finding that the adverse impact to a plaintiff or plaintiffs to the action clearly
outweighs the public policy considerations of section 610.111, RSMo., however the amount of any moneys paid by, or on behalf of, the public
governmental body shall be disclosed; provided, however, in matters involving the exercise of the power of eminent domain, the vote shall be
announced or become public immediately following the action on the motion to authorize institution of such a legal action. Legal work product
shall be considered a closed record.
(2)
Leasing, purchase or sale of real estate by a public governmental body where public knowledge of the transaction might adversely affect the
legal consideration therefor. However, any minutes or vote or public record approving a contract relating to the leasing, purchase or sale of real
estate by a public governmental body shall be made public upon execution of the lease, purchase, or sale of the real estate.
(3)
Hiring, firing, disciplining or promoting of particular employees by a public governmental body when personal information about the employee
is discussed or recorded. However, any vote on a final decision, when taken by a public governmental body, to hire, fire, promote or discipline an
employee of a public governmental body shall be made available with a record of how each member voted to the public within seventy-two (72)
hours of the close of the meeting where such action occurs; provided, however, that any employee so affected shall be entitled to prompt notice
of such decision during the seventy-two-hour period before such decision is made available to the public. As used in herein, the term "personal
information" means information relating to the performance or merit of individual employees.
(4)
Nonjudicial mental or physical health proceedings involving identifiable persons, including medical, psychiatric, psychological, or alcoholism or
drug dependency diagnosis or treatment.
(5)
Testing and examination materials, before the test or examination is given or, if it is to be given again, before so given again.
(6)
Welfare cases of identifiable individuals.
(7)
Preparation, including any discussions or work product, on behalf of a public governmental body or its representatives for negotiations with
employee groups.
(8)
Software codes for electronic data processing and documentation thereof.
(9)
Specifications for competitive bidding, until either the specifications are officially approved by the public governmental body or the specifications
are published for bid.
(10)
(11)
Sealed bids and related documents, until the bids are opened; and sealed proposals and related documents or any documents related to a
negotiated contract until a contract is executed, or all proposals are rejected.
Individually identifiable personnel records, performance ratings or records pertaining to employees or applicants for employment; except that
this exemption shall not apply to the names, positions, salaries and lengths of service of officers and employees of public agencies once they
are employed as such. It is the policy of the city that no information relating to present or past employees other than names, positions, salaries
and lengths of service shall be provided to any person or agency other than as may be required in response to a subpoena lawfully issued by a
court of competent jurisdiction, or as otherwise may be required by law.
(12)
Records which are protected from disclosure by law.
(13)
Meetings and public records relating to scientific and technological innovations in which the owner has a proprietary interest.
(14)
Records relating to municipal hotlines established for the reporting of abuse and wrongdoing.
(15)
Confidential or privileged communications between a public governmental body and its auditor, including all auditor work product; however, all
final audit reports issued by the auditor are to be considered open records pursuant to this article.
(16)
Operational guidelines and policies developed, adopted, or maintained by any public agency responsible for law enforcement, public safety,
first response, or public health for use in responding to or preventing any critical incident which is or appears to be terrorist in nature and
which has the potential to endanger individual or public safety or health. Nothing in this exception shall be deemed to close information
regarding expenditures, purchases, or contracts made by an agency in implementing these guidelines or policies. When seeking to close
information pursuant to this exception, the agency shall affirmatively state in writing that disclosure would impair its ability to protect the safety
or health of persons, and shall in the same writing state that the public interest in nondisclosure outweighs the public interest in disclosure of
the records. This exception shall expire and be of no further force or effect on December 31, 2008.
(17)
Existing or proposed security systems and structural plans of real property owned or leased by a public governmental body, and information
that is voluntarily submitted by a non-public entity owning or operating an infrastructure to any public governmental body for use by that body
to devise plans for protection of that infrastructure, the public disclosure of which would threaten public safety.
a.
Records related to the procurement of or expenditures relating to security systems purchased with public funds shall be open;
b.
When seeking to close information pursuant to this exception, the public governmental body shall affirmatively state in writing that
disclosure would impair the public governmental body's ability to protect the security or safety of persons or real property, and shall in the
same writing state that the public interest in nondisclosure outweighs the public interest in disclosure of the records;
c.
Records that are voluntarily submitted by a nonpublic entity shall be reviewed by the receiving agency within ninety (90) days of submission
to determine if retention of the document is necessary in furtherance of a state security interest. If retention is not necessary, the
documents shall be returned to the nonpublic governmental body or destroyed;
d.
This exception shall expire and be of no further force or effect on December 31, 2008.
(18)
Records that identify the configuration of components or the operation of a computer, computer system, computer network, or
telecommunications network, and would allow unauthorized access to or unlawful disruption of a computer, computer system, computer
network, or telecommunications network of a public governmental body. This exception shall not be used to limit or deny access to otherwise
public records in a file, document, data file or database containing public records. Records related to the procurement of or expenditures
relating to such computer, computer system, computer network, or telecommunications network, including the amount of moneys paid by, or on
behalf of, a public governmental body for such computer, computer system, computer network, or telecommunications network shall be open.
(19)
Credit card numbers, personal identification numbers, digital certificates, physical and virtual keys, access codes or authorization codes that are
used to protect the security of electronic transactions between a public governmental body and a person or entity doing business with a public
governmental body. Nothing in this section shall be deemed to close the record of a person or entity using a credit card held in the name of a
public governmental body or any record of a transaction made by a person using a credit card or other method of payment for which
reimbursement is made by a public governmental body.
(Ord. No. 1624, § 2, 9-27-93; Ord. No. 1766, § 1, 2-12-96; Ord. No. 1939, § 3, 12-15-98; Ord. No. 2293, § 2, 8-23-04)
Sec. 2-352. - Records pertaining to internal investigations and investigations of allegedly illegal conduct.
(a) In order to allow the fullest cooperation by employees and members of the public in investigation of matters wherein an employee of the city is
alleged to have engaged in any form of misconduct, all files, records and documents relating to investigations of allegations of misconduct by city
employees will be considered to be personnel records and shall be closed records under the custody of the respective department head.
(b)
Reserved.
In addition, for the foregoing reasons and in order to recognize and protect rights of personal privacy, the efficient suppression and punishment of
crime and protection of third parties, reports, records and materials containing information identifying witnesses, complainants, covert law enforcement
personnel, confidential informants or others who may be compromised or subjected to the risk of retaliation or injury upon disclosure of their
participation in any report or investigation of allegedly illegal activity, together with any information which could reasonably lead to identification of such
persons, shall be deleted from any records prior to examination by or delivery to members of the public. In the event an objection to the deletion of such
information is lodged by the requesting party, the custodian of the record may employ a supplemental request, notification and hearing process
consistent with the provisions of section 2-354, below, and/or the question resolution procedures pursuant to section 2-361, below, prior to allowing
access to the information in question.
(Ord. No. 1624, § 2, 9-27-93; Ord. No. 1838, § 1, 5-12-97)
Sec. 2-353. - Records pertaining to medical condition or history.
All information obtained by the city regarding medical examinations, medical condition or medical history of city employees or job applicants, if
retained by the city, shall be collected and maintained on separate forms and in separate medical files and shall be treated as closed and confidential
records, except that:
(1)
Supervisors and managers may be informed regarding necessary restrictions on the work duties of employees and necessary accommodation;
(2)
First aid and safety personnel may be informed, when appropriate, if the information reflects the existence of a disability which might require
emergency treatment; or
(3)
Government officials investigating compliance with state or federal law pertaining to treatment of persons with disabilities may be allowed
access to such records.
(Ord. No. 1624, § 2, 9-27-93)
Sec. 2-354. - Records containing confidential, proprietary or private information; penalty for breach of confidentiality of closed matters.
(a) In order to protect reasonable expectations of privacy on the part of persons having dealings with the city, city records containing information or
entries of a personal, confidential, private or proprietary nature, including, but not limited to, income, sales data, financial circumstances, household
and family relationships, social security numbers, dates of birth, insurance information and other information which reasonable persons generally
regard as private and not a customary subject for public discourse, which information of entries have been provided to the city by one complying
with regulations requiring the disclosure of such information, shall be excised from copies of city records disclosed or provided to members of the
public other than those persons to whom the information of entries pertain. Persons desiring access to information or entries excised from such
records may file a supplementary written request with the city administrator for disclosure of material to be specified in the request, which request
should state:
(b)
(1)
Whether or not the requesting party has informed persons to whom the requested information pertains of the request; and
(2)
All reasons why the requesting party believes disclosure by the city of the specified information is in the public interest.
The city administrator may afford all interested parties, including the persons to whom the information pertains, a reasonable time within which to
comment on the requested disclosure prior to acting further ont he request. If an interested person objects to the disclosure of the requested
information, the city administrator may conduct a hearing at which all interested parties may be heard. At such hearing the administrator shall
consider, among such other factors as may be reasonable and relevant:
(1)
The requirements and intent of state law, city ordinances and this policy;
(2)
The legitimate expectations of privacy on the part of interested parties;
(3)
The personal, confidential, private or proprietary nature of the information at issue;
(4)
Whether the information was obtained by the city under compulsion of law or was freely and voluntarily provided by the persons objecting to
the disclosure; and
(5)
The public purposes to be served by disclosure of the requested information.
If the city administrator determines that disclosure is legally required or would otherwise serve the best interests of the public and that such
requirements or purpose outweigh the legitimate concerns or interests of the persons to whom the information pertains, the administrator shall provide
the requested information to the requesting party.
(c)
In addition to or in lieu of the hearing described above, the city administrator may afford all interested parties a reasonable opportunity to seek
judicial review of or relief from the proposed disclosure. The city administrator may also utilize the procedures for judicial determination and/or
opinion solicitation provided in section 2-361, below.
(d)
Records and information that have been closed pursuant to the provisions of this article, chapter 610, RSMo, and other relevant state and federal
laws and regulations are to be treated as confidential by all employees and elected and appointed officials of the city.
It shall be grounds for disciplinary action for any employee to (1) violate the confidentiality relating to such records or information; (2) copy or remove
closed and/or confidential information without the specific consent of the custodian thereof or in the normal course of performing such employee's
duties for the city; (3) provide or discuss closed records or confidential information with any person other than as a necessary part of performing such
employee's duties for the city, or (4) divulge, discuss or disclose information or records addressed in any closed meeting of a public governmental body,
other than as a necessary part of performing such employee's duties for the city.
Elected and appointed officials are also expected to maintain the same strict standards of confidentiality required of employees. Breach of the
confidentiality standards established by this article and required of employees in this section may be grounds for removal from office or other sanctions
as may be deemed appropriate by the body of which such official is a member or by the board of aldermen.
(Ord. No. 1624, § 2, 9-27-93; Ord. No. 2293, § 3, 8-23-04)
Sec. 2-355. - Notice of meetings.
(a) Each public governmental body shall give notice of the time, date, place, and its tentative agenda, in a manner reasonably calculated to advise the
public of the matters to be considered, and if the meeting will be conducted by telephone or other electronic means, the notice of the meeting shall
identify the mode by which the meeting will be conducted and the designated location where the public may observe and attend the meeting. If a
public body plans to meet by internet chat, internet message board, or other computer link, it shall post a notice of the meeting on its website in
addition to its principal office and shall notify the public how to access that meeting. Reasonable notice shall include making available copies of the
notice to any representative of the news media who requests notice of meetings of a particular public governmental body concurrent with the notice
being made available to the members of the particular governmental body and posting the notice on a bulletin board at city hall or other prominent
place which is easily accessible to the public and clearly designated for that purpose at the city hall.
The notice shall be given at least twenty-four (24) hours, exclusive of weekends and holidays when the city hall is closed, prior to the commencement
of any meeting of any governmental body unless for good cause such notice is impossible or impractical, in which case as much notice as is reasonably
possible shall be given; provided, however, that for any public meeting where a vote of the board of aldermen or any entity created by the city is required
to implement a tax increase, or with respect to a retail development project when the board of aldermen or such entity votes to utilize the power of
eminent domain, create a transportation development district or a community improvement district, or approve a redevelopment plan that pledges
public funds as financing for the project or plan, the board of aldermen or such entity shall give notice conforming with all the requirements this section
at least four (4) days before the board or such entity may vote on such issues, exclusive of weekends and holidays when the facility is closed, and
provided further that the exception in subsection (b) of this section concerning shorter notice periods shall not apply to meetings requiring four (4) days
notice.
(b)
When it is necessary to hold a meeting on less than twenty-four (24) hours' notice, or at a place that is not reasonably accessible to the public, or at a
time that is not reasonably convenient to the public, the nature of the good cause justifying that departure from the normal requirements shall be
stated in the minutes.
(c)
A formally constituted subunit of a parent governmental body may conduct a meeting without notice as required by this section during a lawful
meeting of the parent governmental body, a recess in that meeting, or immediately following that meeting, if the meeting of the subunit is publicly
announced at the parent meeting and the subject of the meeting reasonably coincides with the subjects discussed or acted upon by the parent
governmental body.
(d)
A public body shall allow for the recording by audiotape, videotape, or other electronic means of any open meeting. A public body may establish
guidelines regarding the manner in which such recording is conducted so as to minimize disruption to the meeting. No audio recording of any
meeting, record, or vote closed pursuant to the provisions of section 610.021 R.S.Mo. shall be allowed without permission of the public body; any
person who violates this provision shall be guilty of an ordinance violation and punished by imprisonment for a period not to exceed fifteen (15)
days, a fine not to exceed three hundred dollars ($300.00), or by both such fine and imprisonment.
(e)
Notice shall also be given by inclusion of a recorded message stating meeting date, time, and tentative agenda made available to the public by
telephone access.
Sec. 2-355.1. - Closed meetings, how held.
(a) A public governmental body proposing to hold a closed meeting or vote may do so by either:
(1)
Giving notice of same pursuant to section 2-355 of this Code along with reference to the specific exception allowing such a closed meeting under
state law; or
(2)
Upon an affirmative public vote of the majority of a quorum of the public governmental body. The vote of each member of the public
governmental body on the question of closing a public meeting or vote and the specific reason for closing that public meeting or vote by
reference to the specific exception allowing such a closed meeting under state law shall be announced publicly at an open meeting of the
governmental body and entered into the minutes.
(b)
Any meeting or vote closed pursuant to section 610.021 RSMo. shall be closed only to the extent necessary for the specific reason announced to
justify the closed meeting or vote. Public governmental bodies shall not discuss any business in a closed meeting, record or vote which does not
directly relate to the specific reason announced to justify the closed meeting or vote. Public governmental bodies holding a closed meeting shall close
only an existing portion of the meeting facility necessary to house the members of the public governmental body in the closed session, allowing
members of the public to remain to attend any subsequent open session held by the public governmental body following the closed session.
(c)
In the event any member of a public governmental body makes a motion to close a meeting, or a record, or a vote from the public and any other
member believes that such motion, if passed, would cause a meeting, record or vote to be closed from the public in violation of any provision in
chapter 610 RSMo., or this article such latter member shall state his or her objection to the motion at or before the time the vote is taken on the
motion. The public governmental body shall enter in the minutes of the public governmental body any objection made pursuant to this subsection.
Any member making such an objection shall be allowed to fully participate in any meeting, record or vote that is closed from the public over the
member's objection. In the event the objecting member also voted in opposition to the motion to close the meeting, record or vote at issue, the
objection and vote of the member as entered in the minutes shall be an absolute defense to any claim filed against the objecting member pursuant
to chapter 610, RSMo.
(Ord. No. 1939, § 5, 12-15-98; Ord. No. 2293, § 5, 8-23-04)
Sec. 2-356. - Journals of meetings and records of voting.
(a) A journal or minutes of open and closed meetings shall be taken and retained by the public governmental body, including, but not limited to, a
record of any votes taken at such meeting. The minutes shall include the date, time, place, members present, members absent and a record of any
votes taken.
(b)
All votes by members of a public governmental body at any meeting shall be recorded. When a roll call vote is taken, the minutes shall attribute each
"yea" and "nay" vote, or abstinence if not voting, to the name of the individual member of the body. Any votes taken during a closed meeting shall be
taken by roll call and the minutes of the closed meeting, sufficient to reflect the vote pursuant to this subsection shall be recorded. All votes taken by
roll call in meetings of a public governmental body consisting of members who are all elected, except for the Missouri General Assembly and any
committee established by a public governmental body, shall be cast by members of the public governmental body who are physically present and in
attendance at the meeting. When it is necessary to take votes by roll call in a meeting of the public governmental body, due to an emergency of the
public body, with a quorum of the members of the public body physically present and in attendance and less than a quorum of the members of the
public governmental body participating via telephone, facsimile, Internet, or any other voice or electronic means, the nature of the emergency of the
public body justifying that departure from the normal requirements shall be stated in the minutes. Where such emergency exists, the votes taken
shall be regarded as if all members were physically present and in attendance at the meeting.
Sec. 2-357. - Accessibility of meetings.
Each meeting shall be held at a place reasonably accessible to the public and of sufficient size to accommodate the anticipated attendance by
members of the public, and at a time reasonably convenient to the public, unless for good cause such a place or time is impossible or impractical. Every
reasonable effort shall be made to grant special access to the meeting to handicapped or disabled individuals.
Sec. 2-358. - Segregation of exempt material.
If a public record contains material which is not exempt from disclosure, as well as material which is exempt from disclosure, the custodian shall
separate the exempt and nonexempt material and make the nonexempt material available for examination and copying in accord with the policies
provided herein. When designing a public record the custodian shall, to the extent practicable, facilitate a separation of exempt from nonexempt
information. If the separation is readily apparent to a person requesting to inspect or receive copies of the form, the custodian shall generally describe
the material exempted unless that description would reveal the contents of the exempt information and thus defeat the purpose of the exemption.
(Ord. No. 1624, § 2, 9-27-93)
Editor's note— Section 2 of Ord. No. 1838, adopted May 12, 1997, repealed § 2-359 in its entirety. Formerly, § 2-359 pertained to arrest records and
derived from § 2 of Ord. No. 1624, adopted Sept. 27, 1993.
Sec. 2-360. - Custodian designated; response to request for access to records.
(a) The city clerk shall be the custodian of records and will be responsible for maintenance and control of all records. The custodian may designate
deputy custodians in operating departments of the city and such other departments or offices as the custodian may determine. Deputy custodians
shall conduct matters relating to public records and meetings in accord with the policies enumerated herein.
(b)
Except as otherwise provided by law, the city shall provide access to and, upon request, furnish copies of the city's public records subject to the
provisions of section 2-362 of this Code relating to copying fees. No person shall remove original public records from the city hall or from the office
of the custodian of records without written permission of the custodian. No public governmental body shall grant to any person or entity, whether by
contract, license, or otherwise, the exclusive right to access and disseminate any public record unless the granting of such right is necessary to
facilitate coordination with, or uniformity among, industry regulators having similar authority.
(c)
The custodian of records may require persons seeking access to public records to submit such request in writing and/or on a form designated by the
custodian for such purpose. Such written request shall be sufficiently particular to reasonably apprise the custodian of the records sought.
(d)
Each request for access to a public record shall be acted upon as soon as possible, but in no event later than the end of the third business day
following the date the request is received by the custodian of records. If records are requested in a certain format, the public body shall provide the
records in the requested format, if such format is available. If access to the public record is not granted immediately, the custodian shall give a
detailed explanation of the cause for further delay and the place and earliest time and date that the record will be available for inspection. This
period for document production may exceed three (3) days for reasonable cause.
(e)
If a request for access is denied, the custodian of records shall provide, upon request, a written statement of the grounds for such denial. Such
statement shall cite the specific provision of law under which access is denied and shall be furnished to the requestor no later than the end of the
third business day following the date that the request for the statement is received.
(f)
Any member of a public governmental body who transmits any message relating to public business by electronic means shall also concurrently
transmit that message to either the member's public office computer or the custodian of records in the same format. The provisions of this
subsection shall only apply to messages sent to members of that body so that, when counting the sender, a majority of the body's members are
copied. Any such message received by the custodian or at the member's office computer shall be a public record, subject, however, to the exceptions
for closed records as provided by law.
Sec. 2-361. - Procedures for resolving questions of public accessibility.
A public governmental body or record custodian in doubt about the legality of closing a particular meeting, record or vote may, subject to approval
by the board of aldermen, bring suit in the circuit court for the County of St. Louis to ascertain the propriety of such action. In addition, subject to
approval by the board of aldermen, the public governmental body or custodian may seek a formal opinion of the attorney general or an attorney for the
city regarding the propriety of such action. In such events, the proposed closed meeting or public access to the record or vote shall be deferred for a
reasonable time pending the outcome of the actions so taken.
(Ord. No. 1624, § 2, 9-27-93)
Sec. 2-362. - Fees.
(a) The custodian shall charge ten ($0.10) cents per page for a paper copy not larger than nine (9) by fourteen (14) inches, plus an hourly fee for
duplicating time not to exceed the average hourly rate of pay for clerical staff of the city. Research time required for fulfilling records requests may
be charged at the actual cost of research time. Based on the scope of the request, the city shall produce the copies using employees of the city that
result in the lowest amount of charges for search, research, and duplication time. Prior to producing copies of the requested records, the person
requesting the records may request the city to provide an estimate of the cost to the person requesting the records. The custodian shall receive (or
may require) payment prior to duplicating and/or searching for documents.
(b)
Fees for providing access to public records maintained on computer facilities, recording tapes or disks, video tapes or films, pictures, maps, slides,
graphics, illustrations or similar audio or visual items or devices, and for paper copies larger than nine (9) by fourteen (14) inches shall include only
the cost of copies, staff time, which shall not exceed the average hourly rate of pay for staff of the city required for making copies and programming,
if necessary, and the disk or tape, or other medium used for the duplication. Fees for maps, blueprints, or plats that require special expertise to
duplicate may include the actual rate of compensation for the trained personnel required to duplicate such maps, blueprints, or plats. If
programming is required beyond the customary and usual level to comply with a request for records or information, the fees for compliance may
include the actual costs of such programming.
DIVISION 2. - LAW ENFORCEMENT RECORDS
As used in sections 2-363 through 2-368, inclusive, the following terms shall have the following defintions:
Arrest. An actual restraint of the person of the defendant, or by his or her submission to the custody of the officer, under authority of a warrant or
otherwise for a criminal violation which results in the issuance of a summons or the person being booked.
Arrest report. A record of a law enforcement agency of an arrest and of any detention or confinement incident thereto together with the charge
therefor.
Inactive. An investigation in which no further action will be taken by a law enforcement agency or officer for any of the following reasons:
(1)
A decision by the law enforcement agency not to pursue the case;
(2)
Expiration of the time to file criminal charges pursuant to the applicable statute of limitations, or ten (10) years after the commission of the
offense; whichever date earliest occurs;
(3)
Finality of the convictions of all persons convicted on the basis of the information contained in the investigative report, by exhaustion of or
expiration of all rights of appeal of such persons.
Incident report. A record of a law enforcement agency consisting of the date, time, specific location, name of the victim and immediate facts and
circumstances surrounding the initial report of a crime or incident, including any logs of reported crimes, accidents and complaints maintained by that
agency;
Investigative report. A record, other than an arrest or incident report, prepared by personnel of a law enforcement agency, inquiring into a crime or
suspected crime, either in response to an incident report or in response to evidence developed by law enforcement officers in the course of their duties.
(Ord. No. 1838, § 1, 5-12-97; Ord. No. 1939, § 10, 12-15-98)
Sec. 2-364. - Police department records.
(a) The police department of the city shall maintain records of all incidents reported to the police department, and investigations and arrests made by
the police department. All incident reports and arrest reports shall be open records. Notwithstanding any other provision of law other than the
provisions of subsection (c) of this section or section 320.083, RSMo., investigative reports of the police department are closed records until the
investigation becomes inactive. If any person is arrested and not charged with an offense against the law within thirty (30) days of the person's arrest,
the arrest report shall thereafter be a closed record except that the disposition portion of the record may be accessed for purposes of exculpation
and except as provided in section 2-366.
(b)
Except as provided in subsections (c) and (d) of this section, if any portion of a record or document of a police department officer or the police
department, other than an arrest report, which would otherwise be open, contains information that is reasonably likely to pose a clear and present
danger to the safety of any victim, witness, undercover officer, or other person; or jeopardize a criminal investigation, including records which would
disclose the identity of a source wishing to remain confidential or a suspect not in custody; or which would disclose techniques, procedures or
guidelines for police department investigations or prosecutions, that portion of the record shall be closed and shall be redacted from any record
made available pursuant to this article.
(c)
Any person, attorney for a person, or insurer of a person involved in any incident or whose property is involved in an incident, may obtain any
records closed pursuant to this section or section 2-367 for purposes of investigation of any civil claim or defense, as provided by this subsection.
Any individual, his or her attorney or insurer, involved in an incident or whose property is involved in an incident, upon written request, may obtain a
complete unaltered and unedited incident report concerning the incident, and may obtain access to other records closed by the police department
pursuant to this section. Within thirty (30) days of such request, the police department shall provide the requested material or file a motion pursuant
to this subsection with the circuit court having jurisdiction over the police department stating that the safety of the victim, witness or other individual
cannot be reasonably ensured, or that a criminal investigation is likely to be jeopardized. Pursuant to section 610.100(4), RSMo., if, based on such
motion, the court finds for the police department, the court shall either order the record closed or order such portion of the record that should be
closed to be redacted from any record made available pursuant to this subsection.
(d)
The victim of an offense as provided in chapter 566, RSMo., may request that his or her identity be kept confidential until a charge relating to said
incident is filed.
(Ord. No. 1838, § 1, 5-12-97; Ord. No. 1939, § 11, 12-15-98)
Sec. 2-365. - Effect of nolle pros, dismissal, suspended imposition of sentence, and not guilty due to mental disease or defect on records.
If the person arrested is charged but the case is subsequently nolle prossed or dismissed, or the accused is found not guilty, or imposition of
sentence is suspended in the court in which the action is prosecuted, official records pertaining to the case shall thereafter be closed records when such
case is finally terminated except that the disposition portion of the record may be accessed and except as provided in section 2-366. If the accused is
found not guilty due to mental disease or defect pursuant to section 552.030, RSMo., official records pertaining to the case shall thereafter be closed
records upon such findings, except that the disposition may be accessed only by law enforcement agencies, child care agencies, facilities as defined in
section 198.006, RSMo., and in-home services provider agencies as defined in section 660.250, RSMo., in the manner established by section 610.120
RSMo.
(Ord. No. 1838, § 1, 5-12-97; Ord. No. 1939, § 12, 12-15-98)
Sec. 2-366. - Public access of closed arrest records.
(a) Records required to be closed shall not be destroyed; they shall be inaccessible to the general public and to all persons other than the defendant
except as provided in this section and section 43.507, RSMo. They shall be available to the sentencing advisory commission created in section
558.019, RSMo., for the purpose of studying sentencing practices, and only to courts, law enforcement agencies, child care agencies as herein
defined, department of revenue for driving record purposes, facilities as defined in section 198.006, RSMo., in-home services provider agencies as
defined in section 660.250, RSMo., the division of workers' compensation for the purposes of determining eligibility for crime victims' compensation
pursuant to sections 595.010 to 595.075, RSMo., and federal agencies for purposes of prosecution, sentencing, parole consideration, criminal justice
employment, child care employment, nursing home employment and to federal agencies for such investigative purposes as authorized by law or
presidential executive order. These records shall be made available for the above purposes regardless of any previous statutory provision which had
closed such records to certain agencies or for certain purposes. All records which are closed records shall be removed from the records of the police
department and municipal court which are available to the public and shall be kept in separate records which are to be held confidential and, where
possible, pages of the public record shall be retyped or rewritten omitting those portions of the record which deal with the defendant's case. If
retyping or rewriting is not feasible because of the permanent nature of the record books, such record entries shall be blacked out and recopied in a
confidential book.
(b)
As used in this article, the term "child care" includes providers and youth services agencies as those terms are defined in section 43.540, RSMo.,
elementary and secondary school teachers, and elementary and secondary school bus drivers, whether such drivers are employed by a school or an
entity which has contracted with the school to provide transportation services.
(Ord. No. 1838, § 1, 5-12-97; Ord. No. 1939, § 13, 12-15-98)
Sec. 2-367. - "911" telephone reports.
Except as provided by this section, any information acquired by the police department by way of a complaint or report of a crime made by telephone
contact using the emergency number "911," shall be inaccessible to the general public. However, information consisting of the date, time, specific location
and immediate facts and circumstances surrounding the initial report of the crime or incident shall be considered to be an incident report and subject to
section 2-364. Any closed records pursuant to this section shall be available upon request by law enforcement agencies or the division of workers'
compensation or pursuant to a valid court order authorizing disclosure upon motion and good cause shown.
(Ord. No. 1838, § 1, 5-12-97)
Sec. 2-368. - Daily log or record maintained by police department of crimes, accidents or complaints; public access to certain information.
The city police department, if it maintains a daily log or record that lists suspected crimes, accidents, or complaints, shall make available the following
information for inspection and copying by the public:
(1)
The time, substance, and location of all complaints or requests for assistance received by the police department;
(2)
The time and nature of the police department's response to all complaints or requests for assistance; and
(3)
If the incident involves an alleged crime or infraction:
a.
The time, date and location of occurrence;
b.
The name and age of any victim, unless the victim is a victim of a crime under chapter 566, RSMo;
c.
The factual circumstances surrounding the incident; and
d.
A general description of any injuries, property or weapons involved.
Chapter 3 - AIRPORTS AND AIRCRAFT[1]
As used in this chapter, the following terms shall have the meaning indicated in this section:
Aircraft: Any airplane, helicopter, gas bag, flying machine, balloon, or any contrivance now known or hereafter invented, used or designed for
navigation or for flight in the air.
Emergency landing or flight: A landing or flight necessary to the immediate care of sick or injured persons or for the protection of life and property in
immediate danger or for transport of government officials in emergencies when other means of transport are impossible.
Projects: Construction or other activities where use of aircraft, limited as to time and location, is desirable.
(Code 1980, § 275.010; Ord. No. 906, § 1, 2-25-80)
Cross reference— Definitions and rules of construction generally, § 1-3.
Sec. 3-2. - Landing or operation permit—Required for low flight or for landing other than at airport.
No person shall land any aircraft within the corporate limits of the city except upon a regularly established airport field or operate an aircraft below
the height of five hundred (500) feet except by permit or notification as hereinafter provided.
(Code 1980, § 275.020; Ord. No. 906, § 1, 2-25-80)
Cross reference— Licenses, permits and miscellaneous business regulations, Ch. 13.
Sec. 3-3. - Same—Application, conditions of issuance.
Upon application, the director of public safety or his/her designated representative may issue permits for individual landings of aircraft or operation
thereof below the height of five hundred (500) feet. Such permits may be issued only for use of aircraft in emergency landing or flight or in connection
with projects upon a showing by the applicant that such landings or low flight will not be dangerous to the safety, health, life, and general welfare of the
inhabitants of the city and will be conducted under such circumstances as to ensure safe operation.
(Code 1980, § 275.030; Ord. No. 906, § 1, 2-25-80)
Sec. 3-4. - Same—May be written or oral.
Permits required by section 3-2 may be given in writing or orally and, in cases of emergency landing or flight under circumstances where it is
impossible to obtain a permit because of the nature of the emergency and the time involved, the aircraft operator shall make every reasonable attempt
to notify the public safety department of the city of such emergency landing or flight.
(Code 1980, § 275.040; Ord. No. 906, § 1, 2-25-80)
Chapter 4 - ALCOHOLIC BEVERAGES[1]
As used in this chapter, the following terms shall have the meanings indicated in this section:
Common eating and drinking area: An area or areas within a building or group of buildings designated for the eating of food and drinking of liquor sold
at retail by establishments which do not provide areas within their premises for the consumption of food and liquor; where the costs of maintaining such
area or areas are shared by the payment of common area maintenance charges and where the annual gross income from the sale of prepared meals or
food consumed in such common eating and drinking area is, or is projected to be, at least two hundred seventy-five thousand dollars ($275,000).
Closed place: A place where all the doors are locked and where no patrons are in the place or about the premises. Nothing herein shall be construed
to prohibit the sale or delivery of any intoxicating liquor during any of the hours or on any of the days specified in this Code by a wholesaler licensed
under the provisions of state law to a person licensed to sell the intoxicating liquor at retail. Where such licenses authorizing the sale of intoxicating liquor
by the drink are held by clubs, this section shall apply only to the room or rooms in which intoxicating liquor is dispensed, and where such licenses are
held by restaurants whose business is conducted in one room only and substantial quantities of food and merchandise other than intoxicating liquors
are dispensed, the licensee shall keep securely locked, during the hours herein specified, all refrigerators, cabinets, cases, boxes and taps from which
intoxicating liquor is dispensed.
Financial interest: All interest, legal or beneficial, direct or indirect, in the capital devoted to the licensed enterprise and all such interest in the net
profits of the enterprise, after the payment of reasonable and necessary operating business expenses and taxes, including interest in dividends,
preferred dividends, interest and profits, directly or indirectly paid as compensation for, or in consideration of interest in, or for use of, the capital
devoted to the enterprise, or for property or money advanced, loaned or otherwise made available to the enterprise, except by way of ordinary
commercial credit or bona fide bank credit not in excess of credit customarily granted by banking institutions, whether paid as dividends, interest or
profits, or in the guise of royalties, commissions, salaries, or any other form whatsoever.
Intoxicating liquor: Alcohol for beverage purposes, alcoholic, spirituous, vinous, fermented, malt, or other liquors or combination of liquors a part of
which is spirituous, vinous, or fermented, and all preparations or mixtures for beverage purposes, containing in excess of three and two-tenths (3.2)
percent of alcohol by weight.
Keg: Any container capable of holding four (4) gallons or more of beer, wine or intoxicating liquor and which is designed to dispense beer, wine or
intoxicating liquor directly for the purpose of consumption.
Nonintoxicating beer: Any beer manufactured from pure hops or pure abstract of hops, and pure barley malt or other wholesome grains or cereals,
and wholesome yeast and pure water and free from all harmful substances, preservatives and adulterants, and having an alcoholic content of more than
one-half of one (1) percent by volume, and not exceeding three and two-tenths (3.2) percent by weight.
Original package: Any package containing three (3) or more standard bottles of beer or a package or container containing a quantity of fifty (50)
milliliters or more of intoxicating liquor in the manufacturer's original package. With reference to nonintoxicating beer, the term "original package" shall
mean and include any package containing three (3) or more of any size bottles or any other container when such bottles or containers contain
nonintoxicating beer, as defined in this section.
State Law reference— Similar provisions, RSMo. §§ 311.100, 312.010(3).
Persons: Any individual, association, joint stock company, syndicate, copartnership, corporation, receiver, trustee, conservator or other officer
appointed by any state or federal court.
Premises: That portion of any building in which a licensee under this chapter has his/her place of business and any additional building or portion
thereof used in connection therewith, and the entire lot or lots, parcel or parcels of land on which such buildings are situated, or which are used in
connection with such buildings.
Resident corporation: A corporation incorporated under the laws of this state, all the officers and directors of which, and all the stockholders, who
legally and beneficially own or control ninety (90) percent or more of the stock in amount and in voting rights, shall be qualified legal voters and taxpaying
citizens of the county and this city and who shall have been bona fide residents of the state for a period of three (3) years continuously immediately prior
to the date of filing of application for a license, provided that a stockholder need not be a voter or a taxpayer, and all the resident stockholders of which
shall own, legally and beneficially, at least ninety (90) percent of all the financial interest in the business to be licensed under this article; provided, that no
corporation, licensed under the provisions of this article on January 1, 1947, nor any corporation succeeding to the business of a corporation licensed on
January 1, 1947, as a result of a tax-free reorganization coming within the provisions of section 112, United States Internal Revenue Code, shall be
disqualified by reason of the new requirements herein, except corporations engaged in the manufacture of alcoholic beverages containing alcohol in
excess of five (5) percent by weight, or owned or controlled, directly or indirectly, by nonresident persons, partnerships or corporations engaged in the
manufacture of alcoholic beverages containing alcohol in excess of five (5) percent by weight.
State Law reference— Similar provisions, RSMo. §§ 311.060.
Restaurant/bar: Any establishment having a restaurant or similar facility on premises at least fifty (50) percent of the gross income of which is derived
from the sale of prepared meals or food consumed on the premises or which has an annual gross income of at least two hundred thousand dollars
($200,000.00) from the sale of prepared meals or food consumed on the premises.
Sale by the drink: The sale of any intoxicating liquor, except malt liquor in the original package, in any quantity less than fifty (50) milliliters shall be
deemed liquor by the drink and may be made only by a holder of a retail liquor license and when so made, the container in every case shall be emptied
and the contents thereof served as other intoxicating liquors sold by the drink are served.
(Ord. No. 2250, § 1, 9-22-03)
State Law reference— Similar provisions, RSMo. §§ 311.097.
Sec. 4-2. - Department of public safety to report infractions.
It shall be the duty of the director of the public safety department to see that the provisions of this chapter and of other ordinances of the city in
regard to sale of intoxicating liquor are obeyed and to present all such infractions immediately to the board of aldermen.
(Ord. No. 2250, § 1, 9-22-03)
Sec. 4-3. - Licensee limited to sale of liquors authorized by license.
It shall be unlawful for the holder of any license authorized by this chapter for the sale of any intoxicating liquor at retail by the drink for
consumption on the premises where sold, to keep or secrete, or to allow any other person to keep or secrete in or upon the premises described in such
license, any intoxicating liquor, other than the kind of liquor expressly authorized to be sold by such license.
(Ord. No. 2250, § 1, 9-22-03)
Sec. 4-4. - Hours of sale of intoxicating liquor restricted.
(a) No person having a license under this chapter nor any employee of such person shall sell, give away or permit the consumption of any intoxicating
liquor in any quantity between the hours of 1:30 a.m. and 6:00 a.m. on weekdays and between the hours of 1:30 am on Sunday and 6:00 am on
Monday. If such person has a license to sell intoxicating liquor by the drink, his premises shall be and remain a closed place as defined in this section
between the hours of 1:30 a.m. and 6:00 a.m.
When January 1, March 17, July 4 or December 31 falls on a Sunday, and on the Sundays prior to Memorial Day and Labor Day and on the Sunday on
which the national championship game of the National Football League is played, commonly known as "Super Bowl Sunday", any person having a license
to sell intoxicating liquor by the drink may be open for business and sell intoxicating liquor by the drink under the provisions of this license on that day
from the time and Bill 2252 until the time which would be lawful on another day of the week notwithstanding any provisions of the law to the contrary.
(b)
Notwithstanding any other provisions of this chapter to the contrary, any person who possesses the qualifications required by this chapter, and who
possesses a license issued by the supervisor of liquor control for the state which permits sales of drink at retail for consumption on the premises of
any restaurant bar may sell intoxicating liquor between the hours of 11:00 a.m. and midnight on Sunday.
(c)
Notwithstanding any other provisions of this chapter to the contrary, any person who possesses the qualifications required by this chapter, and who
possesses a license issued by the supervisor of liquor control for the state which permits the sale of intoxicating liquor in the original package, may
sell package liquor between the hours of 9:00 am and midnight on Sundays.
(d)
Notwithstanding the provisions of section 311.290, RSMo., any person licensed pursuant to sell malt liquor in excess of three and two tenths (3.2)
percent by weight and not in excess of five (5) percent by weight by grocers and other merchants and dealers in the original package direct to
customers may also sell malt liquor at retail between the hours of 9:00 am and midnight on Sunday.
(Ord. No. 2250, § 1, 9-22-03)
State Law reference— Similar provisions, RSMo. §§ 311.298, 311.097(1), 311.200, 311.290.
Sec. 4-5. - Intoxicating liquors and nonintoxicating beer not to be sold to certain persons.
It shall be unlawful for any person or his/her employee to sell or supply intoxicating liquor or nonintoxicating beer or permit the same to be sold to
any person under, or apparently under, the influence of intoxicating liquor, or to a habitual drunkard. Intoxicating liquor or nonintoxicating beer shall not
be given, sold or otherwise supplied to any person under the age of twenty-one (21) years, but this shall not apply to supplying intoxicating liquor or
nonintoxicating beer to a person under such age for medicinal purposes only, or by the parent or guardian of such person or by a physician. No person
under the age of eighteen (18) years shall sell or assist in the sale or dispensing of intoxicating liquors.
(Ord. No. 2250, § 1, 9-22-03)
State Law reference— Similar provisions, RSMo. § 311.310, 312.400.
Sec. 4-6. - Consumption, sale, and possession of intoxicating liquors prohibited in certain public places.
It shall be unlawful for any person to:
(1)
Drink, consume, or sell, either in a vehicle or otherwise, any intoxicating liquor while in or upon any street, highway, thoroughfare, alley,
sidewalk, parking lot or other public way;
(2)
Appear or be present in or upon any street, highway, thoroughfare, alley, sidewalk, parking lot or other public way while in an intoxicated
condition;
(3)
Possess or have under one's control any unsealed glass, bottle, can, or other open container of any type containing any intoxicating liquor while
within or on any motor vehicle while the same is being operated upon or parked or standing in or upon any street, highway, thoroughfare, alley,
sidewalk, parking lot or other public way;
(4)
Sell at retail for consumption off the premises any keg that does not have affixed thereto a recyclable tag provided by the Missouri Division of
Alcohol and Tobacco Control labeling the keg with the name and address of the retail licensee from whom the keg was purchased. Fail to
maintain for a period of at least three (3) months a written log or record for each keg sold, the date of sale, size of the keg, any applicable keg
identification number, the amount of container deposit, the name, address and date of birth of the purchaser and the form of identification
presented by such purchaser. The licensee shall retain the identification form for a period of three (3) months following the date of sale.
Any person deemed guilty of violating any of the provisions of this section shall be deemed guilty of a misdemeanor.
(Ord. No. 2250, § 1, 9-22-03)
Sec. 4-7. - Purchase or possession of liquor or nonintoxicating liquor by a minor.
Any person under the age of twenty-one (21) years, who purchases or attempts to purchase, or has in his/her possession, any intoxicating liquor or
nonintoxicating beer, as defined in this chapter, is guilty of a misdemeanor.
For purposes of prosecution under this section or any other provision of this chapter involving an alleged illegal sale or transfer of intoxicating liquor
to a person under twenty-one (21) years of age, a manufacturer-sealed container describing that there is intoxicating liquor or nonintoxicating beer
therein need not be opened or the contents therein tested to verify that there is intoxicating liquor or nonintoxicating beer in such container. The alleged
violator may allege that there was not intoxicating liquor or nonintoxicating beer in such container, but the burden of proof of such allegation is on such
person, as it shall be presumed that such a sealed container describing that there is intoxicating liquor or nonintoxicating beer therein contains
intoxicating liquor or nonintoxicating beer.
(Ord. No. 2250, § 1, 9-22-03)
Sec. 4-8. - Misrepresentation of age by a minor to obtain liquor and possession of an altered document.
It shall be unlawful for any person of the age of seventeen (17) years and under the age of twenty-one (21) years to misrepresent his/her age for the
purpose of purchasing, asking for or in anyway receiving any intoxicating liquor.
It shall be unlawful for any person to be in possession of an altered or otherwise modified chauffeur's license, motor vehicle operators license or
identification card issued under the laws of any state or territory of the United States, any identification card issued by the State of Missouri under section
302.181, RSMo, or by any uniformed service of the United States.
(Ord. No. 2250, § 1, 9-22-03)
Sec 4-9. - Sale or procure alcoholic beverages for a minor or intoxicated person.
No person whomsoever, except his parent or guardian, shall procure for, sell, giveaway or otherwise supply intoxicating liquor to any person under
the age of twenty-one (21) years, or to any person intoxicated or appearing to be in a state of intoxication, or to a habitual drunkard.
(Ord. No. 2250, § 1, 9-22-03)
Sec. 4-10. - Druggists may sell and physicians prescribe liquor.
Any druggist may have in his possession intoxicating liquor purchased by him from a licensed vendor under a license pursuant to this chapter, or
intoxicating liquor lawfully acquired at the place of acquisition and legally transported into this state, and lawfully inspected, gauged and labeled as
provided for by law; such intoxicating liquor to be used in connection with the business of a druggist in compounding medicines or as a solvent or
preservant; provided that, nothing in this chapter shall prevent a regularly licensed druggist, after he procures a license therefore in compliance with law,
from selling intoxicating liquor in the original packages, but not to be drunk or the packages opened on the premises where sold; and provided further,
that nothing in this chapter shall be construed as limiting the right of a physician to prescribe intoxicating liquor in accordance with his professional
judgment for any patient at any time, or prevent a druggist from selling intoxicating liquor to a person on prescription from a regularly licensed physician
as above provided.
(Ord. No. 2250, § 1, 9-22-03)
Sec. 4-11. - Certain acts prohibited in premises licensed to sell at retail intoxicating liquor, wine or beer.
(a)
(b)
It shall be unlawful for any retail licensee, licensed to sell intoxicating liquor, wine, or beer, or his/her employee to permit in or upon his/her licensed
premises:
(1)
The performance of acts, or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual
acts that are prohibited by law;
(2)
The displaying of any portion of the areola of the female breast;
(3)
The actual or simulated touching, caressing or fondling of the breast, buttocks, anus or genitals;
(4)
The actual or simulated displaying of the pubic hair, anus, vulva or genitals;
(5)
Any person to remain in or upon the licensed premises who exposes to public view any portion of his/her genitals or anus; and
(6)
The displaying of films, video or DVD programs or pictures depicting acts, the live performances of which are prohibited by this regulation or by
any other law.
In addition to the licensee and/or his/her employee being subject to all penalties contained in this Code, violation of any act or any provision
contained herein shall be grounds for the license of the licensee to be suspended or revoked.
(Ord. No. 2289, § 6, 7-26-04)
ARTICLE II. - LICENSES
Sec. 4-21. - License required.
It shall be unlawful for any person to sell or expose for sale in the city any intoxicating liquor or nonintoxicating beer, as defined in this chapter, in
any quantity, without taking out a license from the city.
Notwithstanding any other law to the contrary, any caterer who possesses a valid state and local liquor license need not obtain a separate license
from the city when delivering alcoholic beverages in the course of his or her catering business.
(Ord. No. 2250, § 1, 9-22-03)
Sec. 4-22. - Fees—Amounts.
For each license required under this article, there shall be paid to the city annual charges, as follows:
(1)
(2)
Package. Not for consumption on the premises where sold:
a.
For the privilege of selling intoxicating liquor of all kinds, one hundred fifty dollars ($150.00) per year;
b.
For the privilege of selling malt liquor containing alcohol in excess of three and two-tenths (3.2) percent by weight but not in excess of five (5)
percent by weight, seventy-five dollars and no cents ($75.00) per year.
c.
For the privilege of selling non-intoxicating beer containing alcohol in excess of one-half (½) of one (1) percent by volume, and not exceeding
three and two-tenths (3.2) percent, twenty-two dollars and fifty cents ($22.50) per year.
By the drink. For consumption on the premises where sold:
a.
For the privilege of selling intoxicating liquor of all kinds for consumption on the premises where sold and the sale of intoxicating liquor in
the original package, four hundred fifty dollars ($450.00) per year;
b.
For the privilege of selling malt liquor containing alcohol in excess of three and two-tenths (3.2) percent by weight but not in excess of five (5)
percent by weight and light wines containing not less than fourteen (14) percent of alcohol by weight made from grapes, berries and other
fruits and vegetables, for consumption on the premises, seventy-five dollars and no cents ($75.00) per year;
c.
For the privilege of selling malt liquor containing alcohol in excess of three and two-tenths (3.2) percent by weight and not in excess of five
(5) percent by weight seventy-five dollars and no cents ($75.00) per year;
d.
For the privilege of selling nonintoxicating beer containing alcohol in excess of one-half (½) of one (1) percent by volume, nor exceeding three
and two-tenths (3.2) percent, thirty-seven dollars and fifty cents ($37.50) per year;
e.
For a limited permit for the sale of malt liquor or intoxicating liquor of any kind as defined in this section issued to any church, school, civic,
service, fraternal, veteran, political or charitable organization for the sale of such liquor by the drink at a picnic, bazaar, fair or similar event,
five dollars ($5.00) per day, not to exceed seven (7) consecutive days per permit.
(3)
Sunday sales. For the privilege of selling intoxicating liquor of all kinds by a restaurant bar on Sundays for consumption on the premises where
sold, or for the privilege of selling intoxicating liquor in the original package at retail on Sundays by an establishment licensed to sell intoxicating
liquor in the original package at retail under section 311.200, RSMo., one hundred fifty dollars ($150.00) per year.
(4)
Permits for licenses in common areas. In addition to other fees required by law, each establishment in a common eating and drinking area licensed
herein shall not be required to pay an additional fee to the city per year.
(5)
Tasting permits for wine and malt beverages. Notwithstanding any other provisions of this chapter to the contrary, any person possessing the
qualifications and meeting the requirements of this chapter, who is licensed to sell intoxicating liquor in the original package at retail may obtain
a separate licensed to conduct wine, malt beverage and distilled spirit tasting on the licensed premises, thirty-seven dollars and fifty cents
($37.50) per year.
(6)
Change in managing officer. When a change in managing officer is made by a business possessing a city liquor license, such license shall be
reissued in the name of the business and new managing officer. The fee for an application for such change shall be the lesser of fifty dollars
($50.00) or license fee imposed in this section.
State Law reference— Similar provisions, RSMo. §§ 311.200(1), (4), 311.220(1), 311.180(7), 312.100(3), 311.096.
Sec. 4-23. - Fees—Disposition.
All fees collected by the city clerk pursuant to the provisions of this chapter, shall be accounted for and paid into the city treasury as other funds
collected by the city clerk are accounted for and paid.
(Ord. No. 2250, § 1, 9-22-03)
Sec. 4-24. - Qualifications for issuance.
(a) No license shall be granted for the sale of intoxicating liquor, as defined in this chapter, within one hundred (100) feet of any school, church, or other
building regularly used as a place of worship; provided however, that this limitation shall not apply to a license applied for by a charitable, fraternal,
religious, service or veterans' organization which has obtained an exemption from the payment of federal income taxes as provided in section 501(c)
(3), 501(c)(4), 501(c)(5), 501(c)(7), 501(c)(8), 501(c)(10), 501(c)(19), or 501(d) of the United States Internal Revenue Code or licenses of the same
character as those issued by the State of Missouri pursuant to RSMo §§ 311.218, or 311.482. Provided, however, when a school, church or place of
worship shall hereafter be established within one hundred (100) feet of any business previously licensed to sell intoxicating liquor, the license shall
not be denied for this reason.
(b)
No license shall be granted for the sale of intoxicating liquor in the original package, except to a person engaged in and to be used in connection with
one (1) or more of the following businesses: a drug store, a cigar and tobacco store, a grocery store, a general merchandise store, a confectionary or
delicatessen store, nor to any such person who does not have and keep in his store a stock of goods having a value according to invoices of at least
one thousand dollars ($1,000.00) exclusive of fixtures and intoxicating liquors.
(c)
No person shall be granted a license under this article unless such person is of good moral character and a qualified legal voter, nor shall any
corporation be granted a license hereunder unless the managing officer of such corporation is of good moral character and a qualified legal voter;
and no person shall be granted a license or permit under this article whose license as such dealer has been revoked, or who has been convicted,
since the ratification of the Twenty-First Amendment to the Constitution of the United States, of a violation of the provisions of any law applicable to
the manufacture or sale of intoxicating liquor, or who employs in his business as such dealer, any person whose license has been revoked or who has
been convicted of violating such law since the date aforesaid; provided, that nothing contained in this section shall prevent the issuance of licenses to
nonresidents of Missouri or foreign corporations for the privilege of selling to duly licensed wholesalers and soliciting orders for the sale of
intoxicating liquors to, by or through a duly licensed wholesaler, within this state.
(d)
No person, partnership or corporation shall be qualified for a license under this article if such person, any member of such partnership or such
corporation, or any officer, director, or any stockholder owning, legally or beneficially, directly or indirectly, ten (10) percent or more of the stock of
such corporation, or other financial interest therein, or ten (10) percent or more of the interest in the business for which the person, partnership or
corporation is licensed, or any person employed in the business licensed under this article shall have had a license revoked under this article or shall
have been convicted of violating the provisions of any law applicable to the manufacture or sale of intoxicating liquor since the ratification of the
Twenty-First Amendment to the Constitution of the United States, or shall not be a person of good moral character; provided that no wholesaler
license shall be issued to a corporation for the sale of intoxicating liquor containing alcohol in excess of five (5) percent by weight, except to a
resident corporation as defined in this section.
(e)
No license for the sale of intoxicating liquor or nonintoxicating beer shall be issued to any person where, as an adjunct to, or as part of the business
conducted on such person's premises, gasoline or other motor fuel is sold to the motoring public.
(Ord. No. 2250, § 1, 9-22-03; Ord. No. 2313, § 1, 2-14-05)
Sec. 4-25. - Application for license to be filed with clerk.
Application for license to sell intoxicating liquor under the provisions of this chapter shall be filed with the city clerk, and shall be on forms to be
furnished by the clerk and signed and sworn to by the applicant.
(Ord. No. 2250, § 1, 9-22-03)
Sec. 4-26. - License approval procedures.
(a) Upon the filing of an application for license herein, said application shall be presented to the board of aldermen at the next regular or special
meeting thereof, and upon approval of said application by a majority of said board, and upon payment of the license tax herein provided, the city
clerk shall grant the applicant a license to conduct business in the city from the date of issuance. A separate license shall be required for each place
of business.
(b)
An application for a picnic license provided under section 4-22(2)e. herein may be issued by the city clerk upon approval of said license by the
director of public safety and city administrator. The city clerk shall immediately notify the mayor and board of aldermen in writing of any such license
issued.
(c)
Every license issued under the provisions of this chapter shall particularly describe the premises at which intoxicating liquor may be sold hereunder,
and such license shall not be deemed to be authorized or permit the sale of intoxicating liquor at any place other than that described therein.
(Ord. No. 2250, § 1, 9-22-03)
Sec. 4-27. - Restriction on number for sale of nonintoxicating beer.
(a) The number of licenses for sale of nonintoxicating beer at retail by the drink or in the original package shall be limited to one (1) for every ten
thousand (10,000) inhabitants of the city or portion thereof and no more.
(b)
Nothing in this section contained shall be deemed to call for the revocation or cancellation of any license to any person heretofore issued; provided
further, however, that, such licenses heretofore issued shall not be made transferable by anything in this chapter contained.
(Ord. No. 2250, § 1, 9-22-03)
Sec. 4-28. - Term.
The annual licenses issued under this article shall be dated July 1 and shall expire June 30 of the following year, and the fees for such licenses shall be
paid annually in advance. Licenses may be issued for part of a year for businesses commenced after July 1, and proportionate fees charged based on the
months such license is to run to the next June 30 following.
(Ord. No. 2250, § 1, 9-22-03)
Sec. 4-29. - Suspension, revocation.
Whenever it is shown to the board of aldermen that a dealer licensed hereunder has not at all times kept an orderly place or house, or has violated
any of the provisions of this chapter or of the Liquor Control Act of the state, or has no license from the state supervisor of liquor control, or has made a
false affidavit in his application for a license, the board of aldermen, after a hearing thereon, shall revoke the license of such dealer, giving ten (10) days'
notice, in writing, thereof prior to the hearing thereon to the dealer, or any person in charge of or employed in the place licensed, stating the time, place,
purpose and grounds therefore, at which herein, the dealer may have counsel and produced witnesses in his behalf. Upon revocation of any license the
amount paid for license shall be forfeited to the city.
(Ord. No. 2250, § 1, 9-22-03)
Chapter 5 - ANIMALS AND FOWL[1]
Sec. 5-1. - Running at large prohibited.
(a) No person, owning or having charge of any bull, cat, cow, dog, goat, hog, horse, mule, sheep or any domesticated animal or wild fowl of any kind,
shall allow the same to run at large within the city. However, animals securely tied or led by a leash of not more than six (6) feet and accompanied by
and under the control and supervision of the owner or a competent keeper shall not constitute a violation of this section.
(b)
In any prosecution charging a violation of this section, proof that any animal or fowl was running at large in violation of this section, together with
proof that the defendant named in the complaint was, at the time described in the complaint, the owner or keeper of such animal or fowl, shall
constitute a prima facie presumption that such owner or keeper was the person who permitted such animal or fowl to run at large.
(Code 1980, § 240.220)
Sec. 5-2. - Deputy health commissioners.
The health commissioner of the city shall have the power to appoint members of the street department of the city as deputy health commissioners in
order to aid in the enforcement of this chapter; however, such appointments shall be solely for the enforcement of this chapter.
(Code 1980, § 240.230)
Sec. 5-3. - Animal fecal matter.
It shall be unlawful for an owner to allow the accumulation of animal feces in open areas, runs, cages or yards where the animals or kept and to fail
to remove or dispose of feces to avoid offensive odors or unsanitary conditions creating a nuisance as determined by the director of public works or his
designated representative. It shall be unlawful for an owner or person in control of any animal to allow pet waste to be deposited or to accumulate on
private property in such a manner to cause unsanitary conditions resulting from pet waste on adjacent property through storm water runoff or washing
of areas where animals are kept.
A dog, cat, puppy, kitten or other animal creates a nuisance if it soils, defiles or defecates on any property other than the property of the owner. It
shall be unlawful for any person owning or in control of any animal to permit or allow such animal to defecate on private property other than property
owned by the owner or handler of the animal.
It is unlawful for the owner or handler of any animal to fail to remove fecal matter deposited by their animal on public or private property of another
before the owner or handler of the animal leaves the immediate area where the fecal matter has been deposited.
It shall be unlawful for the owner or handler of any animal to fail to have in their possession the equipment necessary to remove their animal's fecal
matter when accompanied by such animal on public property or public easement or on the private property of another.
(Code 1980, § 240.240; Ord. No. 1131, § 1, 5-28-85; Ord. No. 2336, § 1, 8-8-05)
Sec. 5-4. - Number of animals permitted—Dogs.
No person shall keep, harbor, or house on his/her premises or on the premises of others, within the city, more than three (3) dogs; except, however,
that upon the occasion of the birth of a litter of dogs, it shall be permissible under this section that such litter may be kept together with their mother
until they reach the age of six (6) months, and except that this section does not apply to a duly licensed animal shelter.
(Code 1980, § 240.070)
Sec. 5-5. - Same—Cats.
No person shall keep, harbor or house on his/her premises or on the premises of others, within the city, more than three (3) cats; except, however,
that upon the occasion of the birth of a litter of cats, it shall be permissible under this chapter that such litter may be kept together with their mother until
they reach the age of six (6) months, and except that this section does not apply to a duly licensed animal shelter.
(Code 1980, § 240.020)
Sec. 5-1.1. - Regulation of "invisible fence" animal retention systems; setback required.
(a) As used in this section, the term "invisible fence" shall mean any electronic, magnetic or similar system or device installed below ground level for the
purpose of limiting or impeding the ability of animals to cross the barrier created by such device(s) and thereby retain such animals on the property
on which the "invisible fence" is installed.
(b)
It shall be unlawful for the owner or occupant of any property to install an electronic fence unless such device shall be:
(1)
Installed in such a manner as to completely surround all portions of the property which are not otherwise enclosed with a lawfully erected
aboveground fence; and
(2)
Set back a minimum distance of five (5) feet from any boundary line of the property and from any sidewalk available for use by the public.
(Ord. No. 1794, § 1, 8-12-96)
Sec. 5-6. - Animal neglect and abuse.
(a) Definitions. As used in this section the following terms shall mean:
Adequate care: Normal and prudent attention to the needs of an animal, including wholesome food, clean water, shelter and health care as necessary
to maintain good health in a specific species of animal.
Adequate control: To reasonably restrain or govern an animal so that the animal does not injure itself, any person, any other animal, or property.
Animal: Every living vertebrate except a human being.
Animal shelter: A facility which is used to house or contain animals and which is owned, operated, or maintained by a duly incorporated humane
society, animal welfare society, society for the prevention of cruelty to animals, or other not-for-profit organization devoted to the welfare, protection,
and humane treatment of animals.
Farm animal: An animal raised on a farm or ranch and used or intended for use in farm or ranch production, or as food or fiber.
Harbor: To feed or shelter an animal at the same location for three (3) or more consecutive days.
Humane killing: The destruction of an animal accomplished by a method approved by the American Veterinary Medical Association's Panel on
Euthanasia (JAVMA 173:59—72, 1978); or more recent editions, but animals killed during the feeding of pet carnivores shall be considered humanely
killed.
Owner: In addition to its ordinary meaning, any person who keeps or harbors an animal or professes to be owning, keeping, or harboring an animal.
Person: Any individual, partnership, firm, joint stock company, corporation, association, trust, estate, or other legal entity.
Pests: Birds, rabbits, or rodents which damage property or have an adverse effect on the public health, but shall not include any endangered species
listed by the United States Department of the Interior nor any endangered species listed in the Wildlife Code of Missouri.
(b)
(c)
(d)
(e)
Acts and facilities to which section does not apply. The provisions of this section shall not apply to:
(1)
Care or treatment performed by a licensed veterinarian within the provisions of RSMo. Ch. 340;
(2)
Bona fide scientific experiments;
(3)
Hunting, fishing, or trapping as allowed by RSMo. Ch. 252, including all practices and privileges as allowed under the Missouri Wildlife Code;
(4)
Facilities and publicly funded zoological parks currently in compliance with the federal "Animal Welfare Act" as amended;
(5)
Rodeo practices currently accepted by the Professional Rodeo Cowboy's Association;
(6)
The killing of an animal by the owner thereof, the agent of such owner, or by a veterinarian at the request of the owner thereof;
(7)
The lawful, humane killing of an animal by an animal control officer, the operator of an animal shelter, a veterinarian, or law enforcement or
health official;
(8)
With respect to farm animals, normal or accepted practices of animal husbandry;
(9)
The killing of an animal by any person at any time if such animal is outside of the owned or rented property of the owner or custodian of such
animal and animal is injuring any person or farm animal but shall not include police or guard dogs while working;
(10)
The killing of house or garden pests; or
(11)
Field trials, training and hunting practices as accepted by the Professional Houndsmen of Missouri.
Animal neglect or abandonment.
(1)
A person is guilty of animal neglect when he has custody or ownership or both of an animal and fails to provide adequate care or adequate
control, which results in substantial harm to the animal.
(2)
A person is guilty of abandonment when he has knowingly abandoned an animal in any place without making provisions for its adequate care.
(3)
All fines and penalties for a first conviction of animal neglect or abandonment may be waived by the court provided that the person found guilty
of animal neglect shows that adequate, permanent remedies for the neglect have been made. Reasonable costs incurred for the care and
maintenance of neglected animals may not be waived. In addition to any other penalty imposed for animal neglect or animal abandonment, the
court may order a person found guilty of animal neglect or abandonment to pay all reasonable costs and expenses necessary for:
a.
The care and maintenance of neglected or abandoned animals within the person's custody or ownership;
b.
The disposal of any dead or diseased animals within the person's custody or ownership;
c.
The reduction of resulting organic debris affecting the immediate area of the neglect or abandonment; and
d.
The avoidance or minimization of any public health risks created by the neglect or abandonment of the animals
Animal abuse. A person is guilty of animal abuse who:
(1)
Intentionally or purposely kills an animal in any manner not allowed by or expressly exempted from the provisions of this section or RSMo. §§
578.016 through 578.023 and 273.030;
(2)
Purposely or intentionally causes injury or suffering to an animal; or
(3)
Having ownership or custody of an animal knowingly fails to provide adequate care or adequate control.
Responsibility of parent or guardian of minor. The parent or guardian of a minor child is responsible for the adequate care of any animal owned by, in
the control of, or harbored by that minor child.
(Code 1980, § 240.030; Ord. No. 1993, § 1, 2-28-00)
State Law reference— Similar provisions, RSMo. §§ 578.005—578.014.
Sec. 5-7. - Disposal of carcasses of dead animals not suspected of rabies.
It shall be unlawful for any owner or keeper to permit any carcass of a dead animal to remain unburied for a period exceeding twelve (12) hours after
death unless it is affected with rabies covered by the provisions of section 5-36.
(Code 1980, § 240.060)
Sec. 5-8. - Impounding animals.
(a) The health commissioner shall have the power to catch, confine and impound dogs and other animals as follows:
(b)
(1)
All animals running at large, whether licensed or unlicensed.
(2)
All animals affected with rabies and all animals suspected by him/her to be exposed to or affected with rabies, including animals known or
suspected to have been bitten by a rabid animal, whether such animal is running at large or not.
(3)
All animals which have a tendency to injure persons whether in play or in anger.
All animals impounded in accordance with this section shall be impounded under the supervision of and in a manner satisfactory to the health
commissioner.
(Code 1980, § 240.080)
Sec. 5-9. - Redemption of nonrabid animals.
Any animal captured or impounded by the health commissioner or by a person designated by him/her as authorized in this chapter, and determined
not to be affected with rabies by the health commissioner, may be redeemed by the owner or other person having the right of possession of such animal
upon the presentation of a proper license and upon payment of a redemption fee of two dollars ($2.00). If the animal is not redeemed in the manner
provided herein in five (5) days after his/her capture, such animal shall be disposed of as directed by the health commissioner, except that such animal
may be redeemed by any person before its disposal upon securing a license for such animal and paying the redemption fee provided herein.
(Code 1980, § 240.180)
Sec. 5-10. - Keeping animals which have tendency to injure persons.
No person shall keep, harbor or maintain any animal, which such person knows or should, in the exercise of ordinary care, know to be an animal
which has a tendency to injure persons whether in play or in anger unless such animal shall be kept securely restricted to an area within such person's
house, garage or fenced-in area, where fences are permitted, and then only after adequate warning thereof is given to all persons who might come near
such animal.
(Code 1980, § 240.090)
Sec. 5-11. - Keeping certain livestock; minimum area required.
(a) No person shall keep any bull, calf, cow, donkey, goat, hog, horse, mule, sheep, or domestic fowl within or under any building used for human
habitation within this city; nor shall any such animal be kept, held, or maintained on any lot or property or contiguous lots less than four (4) acres in
area. For each animal kept on property within the city, there shall be a minimum of open, accessible ground suitable for reasonable use by such
animal as follows:
(b)
(1)
Three quarters (¾) of an acre per bull, calf, cow, goat, or sheep.
(2)
Two (2) acres per donkey, horse, or mule.
(3)
One fifth (1/5) of an acre per hog or domestic fowl.
Any stable, barn, enclosure, or other structure for the care or sheltering of any such animals shall be located at least seventy-five (75) feet from any
boundary line of the property line upon which they are situated.
(Code 1980, § 240.100; Ord. No. 1468, § 1, 3-4-91)
Sec. 5-12. - Keeping of nondomestic animals prohibited.
No persons shall keep or maintain any nondomestic animals within the city. The term "nondomestic animals" shall include all felines (other than the
domestic house cat), nonhuman primates, bears, wolves, coyotes, foxes, venomous reptiles, constrictor reptiles over ten (10) feet in length, and any
crossbreed of such animals which have similar characteristics of the animals specified herein.
(Code 1980, § 240.110; Ord. No. 1117, § 2, 2-25-85)
Sec. 5-13. - Animal noises.
No person shall permit a dog, cat, horse, cow, goat, sheep, chicken, duck, goose, or any other domesticated or wild fowl or animal of any kind
whatsoever, owned by him or within his custody or control, to habitually emit loud noises thereby reasonably causing the peace of any person of ordinary
temper and disposition to be disturbed. A dog, cat, horse, cow, goat, sheep, chicken, duck, goose or any other domesticated or wild fowl or animal of any
kind whatsoever which habitually emits loud noises, thereby reasonably causing the peace of any person of ordinary temper and disposition to be
disturbed, is declared to be a public nuisance. Any person convicted of violating this section shall be guilty of a misdemeanor and punished as provided
by law for such offense.
(Code 1980, § 240.140; Ord. No. 1362, § 1, 12-12-88)
Sec. 5-14. - Prohibiting enlargement of kennels.
(a) No new commercial establishments for the raising or caring of or for animals shall be permitted anywhere in the city. Any such commercial
establishments which were in existence and operation on January 14, 1980 shall not be enlarged or extended beyond the size of such commercial
establishments as of such date.
(b)
Nothing in this section shall prevent a duly licensed veterinarian from performing or continuing to perform services to care for or treat diseased and
injured animals.
(Code 1980, § 240.150)
Sec. 5-15. - Right of entry of health commissioner.
No person shall conceal an animal or interfere with the health commissioner in the performance of his legal duties. The health commissioner shall
have the right of entry to any lots or lands for the purpose of collecting any strays or unlicensed dog or other animal. The health commissioner shall have
the right of entry to any property or premises within any quarantined area during the period of such quarantine for the purpose of examining or
obtaining any animal suspected of having rabies, or having been exposed to rabies.
(Code 1980, § 240.210)
ARTICLE II. - RABIES CONTROL
Sec. 5-31. - Quarantine regulations.
Whenever rabies becomes prevalent in any locality within the city the health commissioner shall recommend a quarantine. The mayor may issue a
quarantine order pursuant to such recommendation, and such order may contain any orders the mayor deems necessary under section 322.040 of the
Revised Statutes of Missouri.
(Code 1980, § 240.160)
Sec. 5-32. - Inoculation requirements.
Every person who owns, controls, manages, possesses or has part interest in any dog, cat, monkey or any other animal subject to rabies, kept any
time during the year or who permits such animal to come upon, on or in, and to remain in or about his/her home, place of business or other premises in
the area affected by this Code shall have such animal inoculated against rabies, but such inoculation requirements shall not apply to animals less than
four (4) months of age. Such animals must be inoculated at least once each year unless a three-year type vaccine, approved by the health commissioner,
is administered, in which case the animals shall be inoculated at least once every three (3) years.
(Code 1980, § 240.170)
Sec. 5-33. - Report of animal bite by person bitten, parent, guardian or owner.
It shall be the duty of any person bitten by any animal or the parent or guardian of any minor child bitten ban animal, and the owner of any animal
who has reason to believe his/her animal has bitten anyone, to report the same immediately to the department of public safety which shall report to the
health commissioner. Such report shall contain the name and address of the owner and of the animal, the name and address of the person bitten and
the day and time bitten, the location where bitten, and a general description of the animal. The health commissioner shall immediately take such animal
into custody or have the same confined by the owner thereof for ten (10) days under the supervision of the health commissioner, who shall examine or
cause to be examined to determine whether such animal is affected with rabies. If the owner shall not confine such animal in a manner satisfactory to the
health commissioner such animal shall be forthwith surrendered to the health commissioner.
(Code 1980, § 240.190)
Sec. 5-34. - Reports of animal bites and rabid animals by physicians and veterinarians.
It shall be the duty of every physician to report immediately to the department of public safety which shall report to the health commissioner, the full
name, age, and address of any person under his/her care or observation who has been bitten by an animal. Every veterinarian treating or having under
observation any such animal or any animal affected with rabies or suspected of being rabid, or suspected of having been exposed to rabies, shall report
such animal, the owner's name and address and the license number, if available, to the department of public safety which shall report to the health
commissioner.
(Code 1980, § 240.200)
Sec. 5-35. - Abandonment of rabid animals.
No person having ownership, control, management or possession of any animal subject to rabies shall abandon such animal.
(Code 1980, § 240.010)
Sec. 5-36. - Destruction of animals; reports.
Any person destroying an animal affected with rabies or suspected of being affected with rabies shall immediately notify the department of public
safety which shall notify the health commissioner and shall surrender the carcass of such animal upon demand. The owner or custodian of any such
destroyed animal shall immediately provide the department of public safety, which shall notify the health commissioner, with full particulars thereof,
including the time, date, location, and the names and addresses of any person bitten by such animal, and also the name and address of the owner or
person having custody of any animal exposed to the animal destroyed.
(Code 1980, § 240.040)
Sec. 5-37. - Disposal of rabid animals.
The health commissioner shall dispose of any animal affected with rabies, and he shall have the power to examine any animal bitten by or exposed
to any animal affected with rabies or suspected of being rabid. He/she shall have the power to require the owners of such animals to take necessary
measures to prevent owners of such animals to take necessary measures to prevent further spread of rabies and to dispose of any exposed animal if
such necessary measures are not taken by the owners.
(Code 1980, § 240.050)
Sec. 5-38. - License—Required.
(a) An annual license must be obtained for each dog or other animal subject to rabies by every person who owns, controls, manages, possesses or has
part interest in any animal six (6) months of age or older kept any time during the year, or by every person who permits any such animal six (6)
months of age or older to come upon, on or about his/her home, place of business or other premises in the area affected by this Code. An applicant
for a license shall present to the licensing official a certificate of inoculation against rabies signed by a licensed veterinarian, which certificate shall
have been executed some time during the previous thirty-six-month period if a three-year type vaccine approved by the health commissioner was
administered, or during the previous twelve-month period for all other vaccines, and which certificate shall bear thereon information as to the type
vaccine used, sex of the animal and, if a female, whether or not it has been spayed. Such licensing official shall not issue a license unless such
certificate shall be presented. Application for a license shall be made, and the license obtained on or before the first day of July of each year, for the
succeeding twelve-month period. The transfer of ownership or custody of any dog, or animal shall be reported to the licensing official by the
transferee within ten (10) days after such transfer, by written notice, at which time the license will be transferred.
(b)
Any owner of an animal who loses his/her license tag shall report such loss promptly to the licensing official and exhibit the original license, at which
time he shall be issued a new license tag.
(c)
Any person operating or owning a dog kennel, in which such animals are confined and not permitted to run at large outside the premises of the
kennel, may procure a kennel license from the licensing official in lieu of a license for each animal. Application for a kennel license shall be made and
the license obtained on or before July first, of each year, for the succeeding twelve-month period.
(Code 1980, § 240.120)
Sec. 5-39. - Same—Tags.
The city clerk shall have prepared license tags made of metal or other suitable material to be issued to applicants securing a license. Such license tags
shall be numbered, and the numbers thereon shall correspond to the number appearing on the license and on the application for such license. Such
license tag shall be securely fastened on the collar or harness of the animal for which the license is issued, and shall be worn at all times.
(Code 1980, § 240.130)
Chapter 6 - BUILDINGS AND BUILDING REGULATIONS
Sec. 6-1. - Technical enforcement.
(a) The mayor, on behalf of the city, is hereby authorized to enter into an agreement with St. Louis County, Missouri, for the enforcement of the (1)
amusement, (2) building, except single-family residential and miscellaneous permits relating thereto, (3) electrical, (4) elevators, (5) explosives, (6)
mechanical, (7) plumbing, and (8) weights and measures codes of the city.
(b)
Terms of agreements. The terms of agreements entered into pursuant to paragraph (a) of this section shall continue from year to year; however,
either party may terminate upon giving ninety (90) days' prior written notice.
(c)
Compensation procedures. The county shall collect all fees for the services provided.
(d)
Effect of more restrictive city provisions. If the city has adopted provisions more restrictive than those contained in the applicable county code, the city
shall approve all plans prior to submission to the county's department of public works.
(Code 1980, §§ 540.010—540.040; Ord. No. 1215, § 1, 10-13-86)
Sec. 6-2. - Grading permits.
(a) For land disturbance involving areas of less than one (1) acre (forty-three thousand, five hundred sixty (43,560) square feet) in area, no person shall,
without first obtaining a grading permit from the department of public works of the city, alter or cause to be altered the surface of the land by any
cut or fill which:
(1)
Is located within ten (10) feet of the property line;
(2)
Would permanently divert one (1) drainage area to another drainage area;
(3)
Changes the grade by two (2) or more feet in elevation.
(b)
Each application for a grading permit shall be accompanied by a grading plan showing the existing and proposed contours normally at two-foot
intervals. The plan must show the location and type of all erosion and sediment control devices which are required to be provided at the downhill
portion of the site.
(c)
No grading permit shall be issued by the director of public works which provides for "stockpiling" of earth or other fill materials for a period of more
than thirty (30) days unless such permit is issued in conjunction with a building permit.
(d)
No grading permit shall be issued for a subdivision development until the director of public works has reviewed and approved the improvement
plans for the subdivision showing as a minimum:
(e)
(1)
Contours of the existing ground surface;
(2)
Elevations of the proposed finished grade of each corner of each lot and at intermediate points on lots where the slope of the ground surface
changes or a plan of the proposed finished ground surface showing contours at a maximum of two-foot intervals;
(3)
Arrows indicating the direction of drainage;
(4)
Finished grade and elevation of all streets, sanitary sewers, storm sewers, and other drainage structures;
(5)
Surface water runoff calculations for the drainage area tributary to and including the property being graded.
(6)
An inventory of all existing trees and/or vegetation located on the subject property, which inventory shall be of sufficient detail to satisfy the
director that it contains all data necessary to administer the tree replacement standards and requirements of the city as enacted pursuant to
section 2-173 of this Code of Ordinances.
No grading permit shall be issued for a commercial development until the director of public works has reviewed and approved plans for such
developments showing as a minimum:
(f)
(1)
Contours of the existing ground surface;
(2)
Contours of finished grade at all corners of the parcel of land, at all corners of proposed buildings and at such intermediate points where the
slope changes;
(3)
Elevations of finished first floor;
(4)
Elevations of all adjacent streets;
(5)
Elevations of all sanitary and storm sewers and other drainage facilities;
(6)
Surface water runoff calculations for the drainage area tributary to and including the property being graded.
(7)
An inventory of all existing trees and/or vegetation located on the subject property, which inventory shall be of sufficient detail to satisfy the
director that it contains all data necessary to administer the tree replacement standards and requirements of the city as enacted pursuant to
section 2-173 of this Code of Ordinances.
In addition to permit fees or street deposit fees that may be otherwise required by code, a cash escrow shall be required in conjunction with any
grading permit issued by the city in an amount equal to ten cents ($.10) per cubic yard of earth to be moved with a minimum escrow of three
hundred dollars ($300.00) and a maximum escrow of twenty-five thousand dollars ($25,000.00) to the city to guarantee compliance with the
provisions of the grading permit including site restoration and establishment of appropriate ground cover.
(Code 1980, § 500.100; Ord. No. 1209, § 1, 9-8-86; Ord. No. 1798, §§ 1, 2, 8-12-96; Ord. No. 2015, §§ 1, 2, 7-11-00; Ord. No. 2260, § 2, 11-10-03)
Sec. 6-3. - Permit expiration dates.
(a) All permits issued by the city under this chapter shall expire in accordance with the provisions of this section unless such permit shall have been
extended in writing by the director of public works.
(1)
Permits issued for construction of new buildings shall expire twelve (12) months from the date of issuance, except permits for a building in
excess of one hundred thousand (100,000) square feet of gross floor area shall expire eighteen (18) months from date of issuance.
(2)
Permits for additions, remodeling and tenant finish involving non-residential structures shall expire nine (9) months from date of issuance,
except permits involving a building addition or remodeling with more than one hundred thousand (100,000) square feet shall expire twelve (12)
months from date of issuance.
(3)
Permits for additions to single family dwelling units, including accessory buildings, decks, pools, additions or remodeling, shall expire six (6)
months from date of issuance.
(4)
Permits issued for grading, demolition of structures, signs, fences and similar miscellaneous permits shall expire three (3) months from date of
issuance.
(b)
The director of public works may extend the time period in which a permit issued under this chapter is valid provided (i) that the request is
submitted in writing; and (ii) the work has proceeded continuously under the permit, and (iii) substantial progress is being made toward completion
of the construction. Such extensions shall be limited to one (1) per permit and no such permit extension shall exceed fifty (50) percent of the time
authorized under this section for the initial permit.
(c)
On expiration of a permit, nothing herein shall preclude the building officials from issuing a new permit for continuation of the work subject to
submittal of plans and payment of the requisite fees.
(d)
In addition to payment of building permit fees otherwise required for extension of a permit or issuance of a new permit for continuing construction,
the owner, developer or primary contractor shall file with the city a bond or cash escrow payable to the City of Des Peres sufficient to guarantee
completion of the building within the prescribed time frame or provide sufficient funds to cover the cost of demolition of such structure, but in no
event shall the amount be less than ten thousand dollars and no cents ($10,000.00).
Bond or escrow proceeds may be used by the city to grade and establish a suitable lawn area; for removal of trash, debris and construction
materials; for completing enclosure of structures by installation of doors and windows; completion of paving of driveways and construction of public
sidewalks; repair to the public infrastructure adjoining the property, and similar work necessary to prevent the property from being detrimental to the
public safety, health and welfare of the neighborhood.
The requirement for a bond or escrow may be waived by the director of public works under the following circumstances:
(1)
Upon a determination that the exterior of the structure, including lawn areas, are substantially complete and delays in completion of
construction have not been and will not be detrimental to the public health, safety or welfare and that the condition of the property has not and
will not constitute a public nuisance; or
(2)
If the permit holder demonstrates to the satisfaction of the director of public works that construction delays were not the fault of the owner,
developer or primary contractor due to weather, strikes or acts of God; or
(3)
In circumstances where the new permit is being issued to a new owner, developer or primary contractor upon submittal of a construction
schedule and a showing to the satisfaction of the director that the owner, developer or primary contractor has the financial wherewithal to
complete the project in a timely manner.
If the owner, developer or primary contractor to whom the permit is issued fails to complete the permitted construction within the permitted
timeframe, the city may utilize the proceeds from such bond or escrow to secure the structure from unauthorized access, remove any construction
materials and debris from the site and to establish a suitable grade and lawn area.
Sec. 6-4. - In-fill housing regulations.
(a) Definitions.
For purposes of this section, the following terms are defined as follows:
In-fill housing shall mean the construction of a new home on a vacant lot within an established subdivision or the demolition of an existing home to
allow construction of a new home. The term "in-fill housing" shall not mean construction of a home within a new subdivision until such time as the streets
within that subdivision are accepted by the city for public use and maintenance.
Major addition shall mean the construction of an accessory building greater than two hundred fifty (250) square feet or an addition to an existing
home when the building footprint of the existing structure is increased by more than five hundred (500) square feet.
(b)
Design standards.
(1)
Prior to design of in-fill housing or major addition, the owner and/or architect are encouraged to meet with the director of public works or his
designated representative to review the requirements of this section and other building and zoning regulations of the city.
(2)
The first floor elevation of a new home shall not be higher than two (2) feet above the main floor elevation of the home being replaced or, in the
case of construction on a lot which has not previously been built upon, two (2) feet above the average main floor elevation of the primary
structures on all adjoining lots. The director of public works shall be authorized to approve a different elevation upon a determination that:
A different elevation is required in order to conform to other regulations relating to flood plain management, storm water control,
compliance with historic designations or to comply with design standards which are a part of subdivision indentures; or
b.
If the first floor elevations of the properties within the block are established at a higher elevation; or
c.
If the topography of the lot lends itself to a different elevation that will not result in a home of a size or scale incompatible with adjoining
properties.
(3)
An attached garage shall not exceed more than fifty (50) percent of the first floor area of the residence nor be more than fifty-five (55) percent of
the width of the entire structure. If a garage facing the street has more than two (2) parking bays the door(s) for additional bays shall be set back
a minimum of one (1) foot from the setback of the house or other garage doors.
(4)
The city does not require or specify any specific architectural style for homes or accessory structures, except that accessory structures must be
compatible with the architectural style of the primary structure.
(5)
Grading of lots shall be accomplished so that slopes do not exceed one (1) foot of vertical height for every three (3) feet of horizontal distance. If
a greater slope occurs, retaining walls must be installed.
(6)
Grading shall be designed so that the proposed construction will not increase the volume or speed of water runoff onto any adjoining property
or will result in discharge of surface water directly into existing surface and storm water collection, retention or detention facilities with a
demonstrated capacity to accommodate the anticipated volume of additional water without adverse affect. Grading plans must contain any and
all measures and facilities proposed to retain, detain and/or control and direct surface water so as to not increase off-site discharge.
(7)
Retaining walls shall not exceed six (6) feet in height and shall be set back no less than two (2) feet from any side or rear lot line. A second tier
retaining wall shall not exceed four (4) feet in height and shall be set back no less than four (4) feet from the top of the lower retaining wall. The
board of adjustment may grant exceptions to allow higher retaining walls in areas involving steep topography.
(8)
(9)
(c)
a.
Construction fences shall comply with the following requirements:
a.
Fences shall be installed and maintained at all times in a professional and workmanlike manner so as to prevent access to the construction
site except through designated gates.
b.
Fences must be solid wood or chain link with top rail.
c.
Fences must be not less than forty-two (42) inches and may not exceed seventy-two (72) inches in height. Fences in the front yard shall be
setback a minimum of ten (10) feet from the paved portion of the street or at a greater distance otherwise required by the director of public
works to prevent creation of a traffic or site distance hazard.
d.
Suitable iron, steel, painted metal or wood fence posts shall be installed at no greater than eight-foot intervals. Space between any two (2)
posts installed side by side shall not be greater than four (4) inches.
e.
Access to the worksite shall be through a suitable gate or gates consisting of a moveable portion of fence which can be closed and fastened.
Each gate shall have a maximum width of fourteen (14) feet and shall be securely closed or secured at the end of each work day and remain
closed when no construction workers are onsite.
f.
No temporary construction fence may encroach beyond the subject property line or upon the public right-of-way nor create a site distance
problem for motorists.
Existing sidewalks must be maintained throughout the construction process and remain open for public use unless closure is authorized by the
director of public works. Construction related damage will require the replacement of damaged sidewalks in accord with specifications of the
department of public works.
Pre-construction conference. Prior to the issuance of a building permit, the owner and/or primary or general contractor for any infill housing site or
major addition shall participate in a pre-construction conference with the director of public works and a representative of the department of public
safety which shall include the following:
(1)
The owner shall present evidence to the director of public works that the owner/contractor has provided notice to the subdivision trustees (if
any) of their intention to build within the neighborhood. Nothing herein shall be construed or interpreted to indicate that the city will not issue a
permit without trustee approval or that the city is responsible for enforcement of subdivision indentures.
(2)
The owner/developer shall provide the director of public works with a schedule and timeline reflecting key days for demolition, start of
construction and anticipated completion date.
(3)
The owner/contractor and director of public works shall review the usual routes that will be used by contractors, subcontractors and suppliers to
access the site making specific note of neighborhood traffic patterns, street conditions and load limits in establishing likely delivery routes.
(4)
The owner/contractor and director of public works shall review the overall project according to the standard per-permit checklist established by
the department of public works to address issues of concern and construction standards. This review shall include and identify any unusual
problems involving street access, site topography, storm water drainage, tree removal and contractor parking and material storage.
(d)
(e)
(f)
(5)
The owner/contractor shall provide the director of public works and department of public safety with the name, address and emergency phone
numbers of the person who will be responsible for compliance with these regulations. The person so designated shall be held responsible for
the actions of the contractor and subcontractors.
(6)
The owner/contractor and director of public works shall review the general ordinances of the city pertaining to construction.
(7)
The owner/contractor and the director of public works shall explore any extraordinary issues relating to lot conditions, worker parking, street
width, etc. It shall be the responsibility of the director of public works, working in conjunction with the director of public safety, to ascertain any
special conditions relating to parking and access. The director of public safety may restrict the amount of area available on a given street for
parking of construction equipment and/or vehicles for construction workers by posting no parking signs, establishing areas for construction
parking only and/or establishment of residential parking zones.
Demolition of existing structures. No single-family home or structure accessory thereto shall be demolished without first obtaining a demolition permit
and adherence to the following general terms and conditions:
(1)
A construction fence is required prior to demolition of any single-family home if (1) scavenging or salvaging of the building parts or materials is
to be undertaken which may result in the interior of the structure being accessible to the general public overnight of (2) if the basement
excavation of the demolished home is not to be immediately backfilled.
(2)
Prior to commencing demolition, the contractor shall provide written notice by U.S. mail or hand delivered to all property owners within two
hundred (200) feet and shall provide a copy of the notice to the director of public works.
(3)
The demolition shall proceed continuously once started and shall be completed within three (3) calendar days from the start of demolition.
(4)
The demolition process, including scavenging or salvaging of building parts or materials, must be completed within fifteen (15) calendar days
from the date of commencement of demolition only if the site is fenced in accord with construction fencing requirements of this section. If the
existing exterior features such architectural details, doors, windows, etc. are to be salvaged; such items may not be removed until immediately
prior to the start of demolition.
(5)
Unless construction of a new home commences within thirty (30) days of the date for start of demolition, basement areas and other major cuts
shall be filled, the lot graded to a satisfactory grade and ground cover established by seed or sod. Only upon completion of this work can the
construction fence be removed.
(6)
All building debris including destroyed trees, plants, fences and similar items must be removed from the site immediately following demolition.
(7)
During demolition, such erosion control devices as deemed necessary by the director of public works shall be installed and maintained to
prevent run-off of mud and construction debris onto adjoining public and private property.
If a property to be used for in-fill housing becomes vacant between acquisition of the property and construction of a new home commences, the
owner and/or developer shall file with the director of public works notice of the name, address and phone number of the party responsible for
maintenance of the site. During such time, the owner shall not be relieved of responsibility to maintain the property in accordance with the general
laws, rules and regulations of the city including the following:
(1)
All lawn areas shall be maintained so as to not constitute a public nuisance. Grass, weeds and other similar vegetation shall not be allowed to
attain a height greater than eight (8) inches.
(2)
Openings to structures, including windows and doors, may not be boarded up and must be maintained in the same manner as if the property
was occupied by an owner or tenant at all times.
(3)
No construction equipment of any type may be stored on the site at any time prior to commencement of demolition.
(4)
No portable toilets or similar construction related amenities may be placed on the site prior to commencement of demolition.
Site maintenance. The following regulations, which are in addition to other provisions of the Municipal Code, shall apply from such time as a building
permit is issued and shall remain in force until the structure is secured from entry with locked doors and windows and to allow final grading.
(1)
Prior to commencing construction of any in-fill home, the contractor shall install a construction fence enclosing the entire lot or, at a minimum,
the working area of the lot, which is any area in which any construction or storage of construction materials is anticipated. The director of public
works may also require construction fence for major additions.
Such construction fence may be removed with consent of the director of public works or his authorized representative when the home is secure
with placement of all doors and windows so as to prevent unauthorized access.
(2)
(3)
The owner/developer shall cause to be erected and maintained at all times a sign in the front yard of the property in accordance with the
following regulations:
a.
The sign shall not exceed sixteen (16) square foot in size, shall be professionally made, and mounted in a workmanlike manner using posts.
Such signs may not be attached to trees or construction trailers.
b.
The background of the sign shall be white and the sign face and structure shall include no more than two (2) additional colors.
c.
At a minimum, the sign shall include the following information:
i.
Address of the property including both numeric and street.
ii.
Name of the person responsible for site maintenance including work or cell phone number.
iii.
The sign shall designate that work hours are restricted to between 8:00 a.m. and 6:00 p.m., Monday thru Saturday.
iv.
Notice that all contractors, sub-contractors, suppliers and vendors must keep the street free and clean of mud and debris.
v.
Provide space for mounting of evidence that a building permit has been issued.
No construction materials, supplies or equipment may be stored outside of the area enclosed by the construction fencing except as may be
authorized in writing by the director of public works. Such exceptions shall be for a limited time only and shall be limited to prefabricated
construction elements of such large size as to readily prohibit storage within the work area or when unusual circumstances relating to lot size,
topography or protection of trees warrants such exceptions.
(g)
(4)
A dumpster of suitable size shall be maintained on the property for collection of all construction material and debris and replaced or emptied
regularly as needed. Any dumpster shall be covered at the end of each workday in such a manner as to prevent blowing of trash and
construction materials. The site shall be cleaned daily to ensure that any and all remnants of construction materials and other trash or debris are
placed in the dumpster and not permitted to accumulate on the ground. No open stockpiling of trash or debris is permitted.
(5)
Portable toilet(s) maybe provided as required by law. Portable toilets may not be placed within ten (10) feet of the property line except on lots
having a width of less than seventy (70) feet in which case a two-foot minimum setback shall be required. The city reserves the right to require
that portable toilets be placed in specific locations on the site based upon lot size, adjoining development and land uses and such other criteria
as the director of public works shall deem appropriate.
(6)
Construction on-site is limited to work commencing no earlier than 8:00 a.m. and concluding no later than 6:00 p.m. Monday thru Saturday
except between Memorial Day and Labor Day when start or work can commence at 7:00 a.m. No work shall take place after the permitted hours
or on Sunday except by written permit of the director of public works.
(7)
A "loading zone" of sufficient size shall be established and suitably marked to allow for positioning of construction and delivery equipment in
such a manner as to avoid blocking more than one (1) lane of traffic at any time. In the event complete closure of a street is anticipated for more
than fifteen (15) minutes, the department of public safety must be notified by phone in order to ensure accessibility of emergency vehicles to
neighborhoods at all times.
(8)
Streets shall be maintained free and clear of mud at all times. Any mud or debris on the street after 5:00 p.m. may be removed by the city
without prior notice to the owner/developer and the cost of removing the same may be deducted from any street deposit required at the time of
obtaining a building permit. Mud or debris on the street in the immediate area of any construction site shall be presumed to have come from
that construction site.
Limitation on number of in fill housing and major addition projects in a neighborhood. The director of public works, after consultation with the director of
public safety, may delay issuance of building permits for in-fill housing or major additions if there are so many ongoing construction projects in the
general vicinity that the area cannot accommodate the additional parking or loading zones required for further construction activities, or if properties
for the proposed project and other on-going construction projects are so situated as to prevent general traffic, trash trucks, school buses, delivery
vehicles and/or emergency vehicles from safely using streets in the vicinity.
When the director of public works makes a determination that additional permits may not be issued, he shall notify the owner and board of
aldermen in writing of the reasons for delaying issuance of a permit and the estimated time frame before a permit may be issued. The decision of the
director is subject to appeal to the board of adjustment.
(h)
Street improvement requirements. The owner/developer of any infill housing project located on a street which has been accepted for public use and
maintenance by the city shall make a contribution to the city in an amount equal to the full cost of construction of one-half (½) of a twenty-six-foot
wide asphalt street with concrete curb and gutter along the frontage of the lot. Contributions for corner lots shall be based on the lot's longest
frontage. The director of public works shall annually calculate the cost of such street construction on a lineal foot basis and the most recent
calculation as of the date of permit application shall be utilized to determine any required contributions.
Funds received by the city pursuant to this subsection shall be deposited into the capital improvement fund of the city and reserved for construction,
reconstruction or substantial repair of streets. Such funds may not be used for routine maintenance. Every reasonable effort shall be made to utilize
funds so received in the subdivision in which the applicable property is located.
In addition, the owner/developer shall be responsible for any damage caused to streets, cul-de-sacs, bridges and street trees along routes used to
access the development by construction equipment, trucks or delivery vehicles.
ARTICLE II. - AMUSEMENT DEVICES CODE[1]
Sec. 6-21. - Adopted.
The St. Louis County Amusement Devices Code, as amended, is hereby adopted as the amusement devices code of the city.
(Ord. No. 1151, § 1(2), 7-22-85; Ord. No. 1370, § 1(1), 1-23-89)
ARTICLE III. - BUILDING CODE[2]
Sec. 6-36. - Building codes adopted.
The building code of the City of Des Peres shall include the 2009 editions of the International Building Code, the International Residential Code and
the International Property Maintenance Code as published by the International Code Council (ICC) together with all amendments thereto adopted herein
and shall collectively be referred to as "the building code".
(1)
Definitions.
a.
Throughout the building code wherever the terms "name of jurisdiction" or "local jurisdiction" appears it shall be deemed to mean "City of
Des Peres, Missouri".
b.
Throughout the building code, wherever the term "department of building safety" appears, it shall be deemed to mean the department of
public works of the city.
c.
Throughout the building code wherever the term "building official" or "code official" appears, it shall be deemed to mean the director of
public works of the City of Des Peres or his authorized representatives.
(2)
d.
Throughout this Code, wherever the terms NFPA 70 (Electrical), International Plumbing Code or International Mechanical Code appears, it
shall be deemed to mean the electrical, plumbing and mechanical codes adopted by St Louis County with all amendments thereto.
e.
Throughout this Code, wherever the term "board of building appeals" or "board of appeals" appears, it shall mean the board of adjustment
of the City of Des Peres.
f.
Throughout this Code, wherever permitting, inspection and enforcement of mechanical, electrical or plumbing codes are referenced,
enforcement of such codes shall be by the St. Louis County Department of Highways, Traffic and Public Works under contract with the city.
International Building Code, 2009 Edition. Certain documents, a copy of which is on file in the Office of the City Clerk of Des Peres, being marked
and designated as the International Building Code, 2009 Edition, including Appendix E as published by the International Code Council (ICC) is
hereby adopted as the building code of the city for regulating and governing the conditions and maintenance of all property, buildings and
structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that
structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and
use and the demolition of such structures as herein provided; providing for the issuance of permits and collection of fees therefore; and each
and all of the regulations, provisions, penalties, conditions and terms of said building code on file in the office of the city clerk are hereby
referred to, adopted and made a part hereof, as if fully set forth in this section, with the additions, insertions, deletions and changes set forth
herein.
a.
Amendments to the International Building Code (IBC), 2009 Edition are hereby adopted as follows:
1.
The following sections and subsections of the International Building Code are deleted:
i.
101.4.1 Gas
ii.
101.4.2 Mechanical
iii.
101.4.3 Plumbing
iv.
101.4.4 Property Maintenance
v.
101.4.6 Energy
vi.
107.2.4 Exterior Walls - delete paragraph 2
vii.
107.3 Temporary Power
viii.
2.
109.6 Refunds
x.
3401.3 Compliance (for Existing Structures)
Amend Section 105.2.
i.
Delete the following language from work exempt from permits - Buildings:
1.
Item #2 Fences Not Over 6 feet
2.
Item #3 Oil Derricks
3.
Item #10 Shade, cloth structures constructed for nursery or agricultural purposes, not including service systems
ii.
Amend the following language from work exempt from permits - Buildings.
iii.
Delete language in Section 105.5 Expiration and insert new language in lieu thereof to read "Permits shall expire in accordance with
Section 6.3 of the Municipal Code".
iv.
Amend Section 107.3.1 to delete the phrase "Reviewed for Code Compliance" and insert in lieu thereof the word "Approved".
v.
Delete the language in Section 109.2 Schedule of Permit Fees and insert new language in lieu thereof to read "Permit fees shall be
paid in accordance with Section 6.-37 of the Municipal Code.
vi.
Section 111.2 Certificate Issued. Delete all language in the section following the phrase "Certificate of Occupancy".
vii.
Section 903.3.1.2 NFPA 13R Sprinkler Systems: retitle as "NFPA 13 or NFPA 13R Sprinkler Systems" and add the following language
at the end of the paragraph "of NFPA 13.
viii.
(3)
109.2 Schedule of Permit Fees
ix.
Section 1006.1 Illumination Required: add text at the end of the paragraph to read "including the exit discharge".
ix.
Add a new Section 1013.7 Retaining Walls to read as follows: "Guards shall be provided where retaining walls have differences in
grade level on either side of the wall in excess of 4 feet are located closer than 2 feet to a walk, path, parking lot or driveway on the
high side of retaining walls."
x.
Add a new Section 1612.3 establishment of Flood Hazard Areas: Include the following words "as established in Article XI of this
chapter" following the words "adopted flood hazard map and supporting data as established in Article XI of this chapter and are
hereby adopted by reference and declared a part of this section."
International Residential Code, 2009 Edition. Certain documents, a copy of which is on file in the Office of the City Clerk of Des Peres, being marked
and designated as the International Residential Code, 2009 Edition, including Appendix G as published by the International Code Council (ICC) is
hereby adopted as the residential code of the city for regulating and governing the construction, alternation, movement, enlargement,
replacement, repair, equipment, location, removal and demolition of detached one- and two-family dwellings and multiple single-family
dwellings (townhouses) not more than three (3) stories in height with separate means of egress as herein provided; providing for the issuance of
permits and collection of fees therefore; and each and all of the regulations, provisions, penalties, conditions and terms of said residential code
on file in the office of the city clerk are hereby referred to, adopted and made a part hereof, as if fully set forth in this section, with the additions.
a.
The following sections or subsections of the International Residential Building Code are hereby deleted:
1.
Section 1101.9 Certificate of Energy Efficiency
2.
Items #1, #2, #5, #6 and #10 from Section 1102.4.1 Building Thermal Envelope
3.
Section 1102.4.2 Air sealing and Insulation
4.
Section 1102.4.2.1 Testing Options
5.
Section 1102.4.2.2 Visual Inspection Options
6.
b.
Section 1102.4.3 Fireplaces
The following sections or subsections of the International Residential Code are hereby amended:
1.
Ground
Snow
Load
Amend Section 105.2 to delete the following language from work exempt from permits - Buildings:
i.
Item #2 Fences Not Over 6 feet
ii.
Item #10 Decks Not Exceeding 200 sq. ft.
2.
Delete language in Section 105.5 Expiration—and insert in lieu thereof the following language: "Permits shall expire in accordance with
section 6.3 of this Code.
3.
Amend Section 106.3.1 to delete the words "Reviewed for Compliance" and insert the words "Approved".
4.
Amend Section 301.2.1 Wind Limitations by adoption of the following Table R201.2(1):
Wind Design
Speedd
(mph)
Topographic
effectsk
90
No
20psf
Seismic
Design
Categoryt
C
Suject to Damage From
Weatheringa
Frost line
depth;sup\sup;
Termitec
Severe
30
inches
Slight to
moderate
Winter
Design
Tempe
Ice
Barrier
Underlayment
Requiredh
Flood
Hazardsg
Air
Freezing
Indexl
Mean
Annual
TempJ
2°F
No
6/11/79
1500
54°F
5.
Amend Section 302.2 Townhouses Exceptions: Add additional exception (#2) to read as follows" A common 2-hour fire resistance rated wall
assembly tested in accordance with ASTM E119 or UL 263 is permitted for townhouses not protected by an automatic residential fire
sprinkler system if such walls do not contain plumbing or mechanical equipment, ducts or vents in the cavity of the common wall. The
wall shall be rated for fire exposure from both sides and shall extend to and be tight against exterior walls and the underside of the roof
sheathing. Electrical installation shall be installed in accordance with Chapters 34 through 43 of this Code. Penetrations of electrical
outlet boxes shall be in accordance with Section R302.4 of this Code."
6.
Amend Section R306. Sanitation by adoption of a new Section identified as Sections R306.5, R306.6 and R306.7 to read as follows:
R306.5 Rough-Ins. Within unfinished areas, rough-ins for drain waste vent only or for water supply only are permitted.
R306.6 Hose Bibs. Every dwelling shall provide at least one outside frost proof hose bib. Hose bibs shall be protected from backflow in
accordance with the provision of the Plumbing Code.
R306.7 Floor Drain. A floor drain shall be installed within 15 feet of and in the same room as the hot water heater(s), heating and cooling
systems.
7.
Amend Section 311.3.2 Floor Elevations for Exterior doors to delete the word "two" and insert in lieu thereof the word "four" in the
paragraph on exceptions.
8.
Amend Section 313.2 One and Two Family Automatic Fire Sprinkler Systems to delete all language and to adopt in lieu thereof the following:
"On or before the date of entering into a purchase contract, any builder of a single family dwelling or residences or multifamily buildings
of four or fewer units shall offer to any purchaser the option to install or equip such dwellings or residences with a fire sprinkler system
at the purchasers cost."
[Footnote: The 2009 IRC mandates automatic residential fire sprinkler systems to be installed in all one and two family dwellings. Section
67.281, RSMO, prohibits political subdivisions from requiring such sprinklers prior to December 31, 2011.]
9.
10.
11.
12.
313.2.1 Design and Installation. Delete all language therein and adopt in lieu thereof the following language: "Automatic residential fire
sprinkler systems shall be designed and installed in accordance with the Plumbing Code."
Section R311.7.4 Stairways, amend the section as follows:
i.
Section 311.7.4.1 delete "73/4") and insert in lieu thereof "81/4")
ii.
Section 311.7.4.2 delete "10" and insert in lieu there "9")
Section 322.1.7 delete the phrase "and Chapter 3 of the International Private Sewage Disposal Code".
Section 403.1.4.1 Frost Protection.
i.
Amend Exception #1 to delete the words "six hundred square feet" and insert in lieu there the words "Two hundred fifty Square
Feet"
ii.
Delete the exceptions #2 and #3 of this section.
13.
Section 404.1.2.2 Reinforcement for foundation walls. Add the following additional language "Except, where unstable soil or ground water
conditions do not exist, plain concrete foundation walls may be constructed a minimum of 10 inches thick where the wall height from
the top of the footing to the top of the basement slab to the finished grade immediately adjacent to the wall does not exceeds 8 feet, a
minimum of two #5 reinforcing bars shall be placed horizontally in the top, middle and bottom of the foundation wall."
14.
Section R405.1 Design of Foundations. Add the following additional language under exceptions: " Drains provided as detailed in Section
R405.1.2 are approved as an alternate method to meet the requirements of this section."
15.
Amend Section R405.1 by the addition of a new subsection R405.1.2 entitled "Soil Evaluations" and to read as follows "An evaluation of
soil for the presence or absence of ground water is required. The evaluation report shall be based upon either a subsurface soil
investigation or satisfactory data from adjacent areas together with an inspection of the excavation prior to pouring concrete."
16.
R405.1.2.1 If ground water is present, provide drain tile, perforated pipe, or other approved drainage systems such as a water
channel system around the perimeter of the outside of the foundation and inside the foundation. Drain discharge shall be by gravity
to daylight or connected to a basement floor sump."
ii.
R405.1.2.2 If no ground water is present, provide drain tile, perforated pipe or other approved drainage systems such as a water
channel system around the perimeter of the outside of the foundation or inside the foundation. Drain discharge shall be by gravity
to daylight or connected to a basement floor sump."
iii.
R405.1.2.3 Approved filter membranes shall be placed over the top of the joints/pipe perforations. The tile/pipe shall be placed on a
minimum of 2inches of gravel or crushed stone and have a minimum of 6 inches of cover.
iv.
R405.1.2.4 The drainage system shall discharge by gravity to daylight or be connected to an approved sump. The sump shall be a
minimum of 18 inches deep and be provided with a fitted cover. A sump pump shall be provided if the basement is finished or
partially finished with pump discharge by an approved method.
17.
Amend Section 505.2.2.3 Deck Load Connection. To add additional language to read as follows: "except for decks that are 100 square feet
or less.
18.
Amend Section R602.10.1.1 Braced Wall Sections to add an additional subsection R602.10.1.1.1 to read as follows: Alternate braced wood
panels. Exterior walls shall be sheathed over the entire structure with a minimum 7/16" plywood or oriented strand board (OSB) wood
structure panel. Panels shall be fastened per Table R602.10.1.2(1). Exterior corner framing shall comply with Figure R602.10.4.4(1),
19.
Add a New Section R1004.5 entitled "Required Fire Separation Enclosure" and to read as follows: "All prefabricated metal chimneys shall
be enclosed in a fire resistant shaft with one layer of type-x ½-inch gypsum board or equivalent, starting from the firebox connection to
the underside of the roof sheathing and fastened at a maximum 6 inches on center by a minimum 1 7/8 inches 6d coated nails or
equivalent drywall screws. Except a chimney chase located on an exterior wall of a structure need only be separated by lining the walls
between the chimney chase and the exterior wall of the structure as specified in this section."
20.
21.
22.
(4)
Amend Section R405. Foundation Drains to add additional subsections to read as follows:
i.
Amend Table N1102.1 to add the following additional footnotes:
i.
ௐ(l): Unfinished basements may have a total of 20% of the total basement wall area exposed above the outside finished
grade/ground level as un-insulated concrete foundation walls. The foundation wall area above the outside grade/ground level that
may be un-insulated is determined by the formal 0.20 times the basement wall height of all walls (including insulated exterior frame
walls for walkout basements and walls common to both basement and attached garages) times the perimeter of these basement
walls. Where basement wall insulation is provided, it shall extend down to the basement floor slab or to a minimum of 24" below
the outside finished grade when the grade is above the floor slab elevation."
ii.
ௐ(m) Naturally vented space wall R-value may be zero.
Amend Section 1103.2.1 Insulation to delete the minimum insulation of "R-8" and insert in lieu thereof "R-4".
Amend Section 1103.2.2 Sealing by repeal of all language therein and adoption of new language in lieu thereof to read as follows: Ducts,
air handlers, filter boxes and building cavities used as ducts shall be sealed. Joints and seams shall comply with the Mechanical Code of
the City.
The International Property Maintenance Code (IPMC), 2009 Edition. Certain documents, a copy of which is on file in the office of the city clerk, being
marked and designated as the International Property Maintenance Code, 2009 Edition, as published by the International Code Council (ICC), be
and is hereby adopted as the property maintenance code of the city for regulating and governing the conditions and maintenance of [all]
property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions
essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for
human occupancy and use, and the demolition of such structures as herein provided; providing for the issuance of permits and collection of fees
therefore; and each and all of the regulations, provisions, penalties, conditions and terms of said property maintenance code on file in the office
of the city clerk are hereby referred to, adopted and made a part hereof as if fully set out in this section with the additions, insertions, deletions
and changes, if any, prescribed herein.
a.
The Property Maintenance Code is hereby amended as follows:
1.
Section 103.5 Fees - delete all language and adopt new language in lieu thereof to read as follows: "The city shall be entitled to collect
administrative and inspection fees in amounts established in the Municipal Code".
2.
Section 112.4 Failure to Comply - delete the word "a fine of not less than (amount) and more than (amount) dollars" and insert in lieu
thereof the words " a fine in accordance with the general penalty provisions of the Municipal Code".
3.
Section 302.4 Weeds - insert the number eight (8") inches.
4.
Section 304.14 Insect Screens - delete in its entirety.
5.
Section 602.3 Heat Supply - insert the dates "October 1st thru March 31st".
6.
Section 602.4 Occupiable Work Spaces - insert the dates October 1st thru March 31st.
(Ord. No. 1151, § 1(2), 7-22-85; Ord. No. 1370, § 1(2), 1-23-89; Ord. No. 1712, § 2, 3-27-95; Ord. No. 1877, § 2, 1-12-98; Ord. No. 2051, § 2, 3-26-01; Ord. No.
2334, § 2(1), 8-8-05; Ord. No. 2562, § 1, 12-13-10)
Sec. 6-37. - Fees.
(a) Schedule. A fee for each plan examination and building permit shall be paid in accordance with the following provisions of this section. The fee shall
be paid in advance at the department of public works in cash or by check payable to the city.
(b)
Construction cost estimates. If the building official believes that construction cost information provided with respect to any permit fee based on cost of
construction does not accurately reflect the true value of the construction activity and materials specified in the relevant plans the building official
shall determine the fee on the basis of the true total cost of the relevant construction. In reaching that determination the building official may take
into account his or her professional experience, other cost data filed with the department in association with other permits, data for similar work in
other jurisdictions in the St. Louis metropolitan market, and standardized professional resources such as the most recent "Square Foot Construction
Cost" table published by the International Code Council from time to time.
If the building official intends to determine the fee on the basis of data other than solely that submitted by the applicant the building official shall
notify the applicant. The applicant may submit additional information bearing on the true cost of construction for consideration by the building official,
including, but not limited to, bona fide contracts or other verification of unique or unusual circumstances which have reduced the actual cost of the
construction to be permitted. Courtesy discounts, offsets, trade outs or other non-monetary considerations which may have reduced the owner's actual
cost will not be taken into account in determining the cost of construction. An applicant aggrieved by a cost of construction determination by the building
official may, within five (5) days of the official's determination, request review and reconsideration of the cost determination by the city administrator.
(c)
Commercial and industrial construction permit fees. The fee for a building permit and inspections of commercial and industrial construction shall be
determined by applying the following table of fee rates to the total estimated cost of construction, as determined heretofore. Permit processing, plan
review and inspection charges are included in the fee rate:
Total Cost of Construction
Fee Rate
Building permit
$150.00
For each $1,000.00 or portion thereof
$6.00
Fire permit
$50.00
For each $1,000.00 or portion thereof
$1.00
Occupancy, re-occupancy permits
$50.00
Sign permits
$25.00
Plus, for each square foot in excess of ten (10) square feet
$1.50
Provided, however, in the event that the city contracts with a third party for plan review and inspection services, such building permit fee shall be
offset by any fees assessed under said contract which must be paid to the third party by the contractor or owner.
(d)
Residential construction permit fees. The fee for a building and fire permit and inspections of residential construction of new structures, alterations
and additions to residential structures, swimming pools and all other miscellaneous residential construction, shall be determined by applying the
following tables of fee rates to the total estimated cost of construction as determined heretofore. Permit processing, plan review and inspection
charges are included in the fee rates:
Total Estimated Cost of Construction
Building permit
Per each $1,000.00 of improvement costs
Fee Permit
$100.00
$6.00
(e)
Miscellaneous construction permit fees. Fees for miscellaneous construction permits necessary for the enforcement of the code adopted by this article
are as follows:
>Permit
Fee Rate
Grading permit (minimum)
$50.00
Per each $1,000.00 of improvement costs
$4.00
Site disturbance permit: Two acres or less
$50.00
Site disturbance permit: Two to five acres
$100.00
Site disturbance permit: Five to ten acres
$150.00
Site disturbance permit: More than ten acres
$200.00
Parking lot permit
$50.00
Fence permit fees
$30.00
(f)
Administrative enforcement fees. Fees for administrative activities necessary for the enforcement of the code adopted by this article are as follows:
Activity
Fee Rate
Permit extensions
50 percent of original permit cost
Amending permits:
ௐa. Additional work
$10.00 + balance of proper fee
ௐb. Without added work
$10.00 - no refund for new figure
Partial permit
$10.00
Extra inspection
$40.00
Re-occupancy permit
$20.00
Temporary occupancy permit
$25.00
Demolition permit
$200.00
Service charge for refund
$10.00 - maximum refund, 50 percent of total permit fee
Subcontractor transfer
$25.00
Board of survey compensation
$50.00 - or as approved by the board of aldermen
Commencing construction without obtaining a building permit
Doubling of fee to a maximum penalty of $500.00
(g)
The director of public works is authorized to waive permit and inspection fees and associated street deposits for building and miscellaneous permits
issued by the city under the following conditions:
(1)
The work for which the permit is required is for safety or code compliance purposes involving replacement or repair of an existing structure.
(2)
The owner shall be the occupant of the residential structure and shall execute an affidavit stating that he/she has limited financial resources and
cannot pay the permit fees in addition to the cost of said improvements to his/her property.
(3)
No waivers shall be granted for additions, swimming pools or similar construction projects.
(Ord. No. 937, § 1, 8-25-80; Ord. No. 1519, §§ 1, 2, 2-10-92; Ord. No. 1845, § 1, 7-14-97; Ord. No. 2058, § 3, 5-14-01; Ord. No. 2262, § 2, 11-24-03; Ord. No.
2368, § 2, 7-24-06; Ord. No. 2481, § 1 8-25-08; Ord. No. 2547, § 1, 8-23-10)
Sec. 6-38. - Seismic design.
(a) Any new construction or major structural renovation begun after January 1, 1991, all buildings for which leases are executed by political subdivisions
of this state after January 1, 1994, and all buildings for which leases are executed by the state or any institution of higher education after January 1,
1994, shall comply with the standards for seismic design and construction of the building officials and code administrators code or of the uniform
building code.
(b)
This section shall not apply to any building owned by the state, any institution of higher education, or any political subdivision upon which
construction was begun or finished before February 25, 1991, the effective date of this section, any private structure with less than ten thousand
(10,000) square feet in total area, and any single-family or duplex residence.
(c)
As used in this section, the term "major structural renovation" means any reconstruction, rehabilitation, addition, or other improvement of an
existing structure, the costs of which equals or exceeds fifty (50) percent of the market value of the structure before the start of construction of the
major structural renovation.
(Ord. No. 1466, § 1, 2-25-91)
Editor's note— Section 2 of Ord. No. 1877, adopted Jan. 12, 1998, repealed § 6-39 in its entirety. Formerly, § 6-39 pertained to the amendments to the
BOCA National Building Code and derived from § 2 of Ord. No. 1712, adopted Mar. 27, 1995 and § 1 of Ord. No. 1743, adopted Sept. 25, 1995. See § 6-36
for further information.
Sec. 6-40 - Residential storm water control.
(a) Prior to removal of any existing home, a detailed topographical map shall be submitted with the demolition permit application clearly showing the
location of all structures, driveways and outbuildings on the parcel of land on which the primary residential building is to be demolished. The
topography shall extend at least fifty (50) feet into all adjoining parcels of land. Contours shall be provided at two-foot intervals at a scale of one (1)
inch to twenty (20) inches for parcels containing two (2) acres or less and one (1) inch to forty (40) inches for parcels in excess of two (2) acres. All
existing storm sewer facilities, drainage pipes, ditches and swales on the site must be shown. New grades for filling in the foundations shall be shown
in all instances where a building permit is not being sought simultaneously with the demolition permit.
(b)
With each building permit application for a new home, in-ground swimming pools or for building additions or accessory structures greater than two
hundred fifty (250) square foot in area, a detailed topography map shall be submitted showing the existing and proposed topography as stated
above. In addition, roof downspouts, culverts, swales and all points of discharge shall be shown. All such downspouts and piping shall have energy
dissipaters and erosion control devices at their downstream end.
(c)
Calculations shall be provided reflecting the differential storm water run-off generated by the new construction. Grading shall be designed in such a
fashion as to direct any increased water run off into existing storm water sewers or otherwise designed to minimize the impact of such runoff onto
adjoining downhill parcels and to avoid sending concentrated streams of water. Common property line swales shall not be reduced in size. Slopes of
yard areas shall not exceed 3:1 unless retaining walls are utilized. Grading shall not block existing swales or watercourses and shall not redirect water
flow onto other sites. All materials to be used in the yard areas shall be indicated on the site plan and their locations properly shown. Such materials
may include but are not limited to seed, sod, asphalt, concrete, brickwork, pre-cast block for retaining walls, mulch beds, ground cover and similar
plant materials. Any piping installed must end at least ten (10) feet inside the property line unless such piping is fully connected underground to a
storm sewer structure or approved creek.
(d)
With each demolition permit or new building permit as stated above, a detailed erosion control plan shall be provided indicating the exact materials
and locations where devices will be placed. All devices shall be located at least two (2) feet inside the property line or street line and along all
downhill portions of the site. Such devices shall be installed prior to the start of any excavation work and shall be maintained in good condition until
such time as all the seed, sod and any planter beds have been established. No street deposit refunds will be released until such time as all seed or
sod and planter beds have been completed and all erosion control devices remove from the premises. Failure to maintain these devices may be
grounds for issuance of a stop work order or forfeiture of the street deposit to the city. In addition, thereto, the city may repair or cause to be
repaired any erosion control devices which are not maintained in good order
(Ord. No. 2096, § 1, 2-11-02)
Sec. 6-41. - Non-residential stormwater control.
(a) Prior to the removal of any non-residential structure, a detailed topographical map shall be submitted with the demolition permit application clearly
showing the location of all structures, driveways and outbuildings on the parcel of land on which the non-residential building is to be demolished.
The topography shall extend at least fifty (50) feet into all adjoining parcels of land. Contours shall be provided at two-foot intervals at a scale of one
(1) inch to twenty (20) inches for parcels containing two (2) acres or less and one (1) inch to forty (40) inches for parcels in excess of two (2) acres. All
existing storm sewer facilities, drainage pipes, ditches and swales on the site must be shown. New grades for filling in the foundations shall be shown
in all instances where a building permit is not being sought simultaneously with the demolition permit.
(b)
With each building permit application for a new non-residential building, building additions, accessory structures or parking lot modifications greater
than two hundred fifty (250) square foot in area, a detailed topography map shall be submitted showing the existing and proposed topography as
stated above. In addition, roof downspouts, culverts, swales and all points of discharge shall be shown. All such downspouts and piping shall have
energy dissipaters and erosion control devices at their downstream end.
(c)
Calculations shall be provided reflecting the differential stormwater run-off generated by the new construction. Grading shall be designed in such a
fashion as to direct any increased water run off into existing stormwater sewers or otherwise designed to minimize the impact of such runoff and to
avoid sending concentrated streams of water onto adjoining downhill parcels. Common property line swales shall not be reduced in size. Slopes of
yard areas shall not exceed three to one (3:1) unless retaining walls are utilized. Grading shall not block existing swales or watercourses and shall not
redirect water flow onto other sites. All materials to be used in the yard areas shall be indicated on the site plan and their locations properly shown.
Such materials may include but are not limited to seed, sod, asphalt, concrete, brickwork, pre-cast block for retaining walls, mulch beds, ground cover
and similar plant materials. Any piping installed must end at least ten (10) feet inside the property line unless such piping is fully connected
underground to a storm sewer structure or approved creek.
(d)
With each demolition permit or new building permit as stated above, a detailed erosion control plan shall be provided indicating the exact materials
and locations where devices will be placed. All devices shall be located at least two (2) feet inside the property line or street line and along all
downhill portions of the site. Such devices shall be installed prior to the start of any excavation work and shall be maintained in good condition until
such time as all the seed, sod and any planter beds have been established. No street deposit refunds will be released until such time as all seed or
sod and planter beds have been completed and all erosion control devices remove from the premises. Failure to maintain these devices may be
grounds for issuance of a stop work order or forfeiture of the street deposit to the city. In addition, thereto, the city may repair or cause to be
repaired any erosion control devices which are not maintained in good order.
(Ord. No. 2267, § 1, 12-8-03)
ARTICLE IV. - ELECTRICAL CODE[3]
The National Electric Code, 2008 Edition, as amended by St. Louis County Ordinance #24439 enacted November 1, 2010, is hereby adopted as the
electrical code of the City of Des Peres as if fully set forth herein.
(Ord. No. 1151, § 1(3), 7-22-85; Ord. No. 1370, § 1(3), 1-23-89; Ord. No. 1712, § 3, 3-27-95; Ord. No. 1877, § 3, 1-12-98; Ord. No. 2022, § 2, 8-28-00; Ord. No.
2037, § 1, 12-11-00; Ord. No. 2263, § 2(1), 12-8-03; Ord. No. 2284, § 2(1), 4-12-04; Ord. No. 2367, § 2, 6-12-06; Ord. No. 2561, § 1, 12-13-10)
ARTICLE V. - ELEVATORS CODE[4]
The St. Louis County Elevators Code, as amended, is hereby adopted as the elevator code of the city.
(Ord. No. 1151, § 1(4), 7-22-85; Ord. No. 1370, § 1(4), 1-23-89)
ARTICLE VI. - MECHANICAL CODE[5]
The ICC Mechanical Code, 2009, as published by the International Code Council, together with all amendments adopted thereto under St. Louis
County Ordinance #24438 enacted November 1, 2010, is hereby adopted as the mechanical code of the City of Des Peres as if fully set forth herein.
(Ord. No. 1151, § 1(6), 7-22-85; Ord. No. 1370, § 1(6), 1-23-89; Ord. No. 1712, § 4, 3-27-95; Ord. No. 2051, § 2, 3-26-01; Ord. No. 2263, § 2(2), 12-8-03; Ord.
No. 2284, § 2(2), 4-12-04; Ord. No. 2334, § 2(2), 8-8-05; Ord. No. 2561, § 2, 12-13-10)
ARTICLE VII. - PLUMBING CODE[6]
The Uniform Plumbing Code, 2009, as published by the International Association of Plumbing and Mechanical Officials together with all amendments
adopted thereto under St Louis County Ordinance #24441 enacted November 1, 2010, is hereby adopted as the [plumbing code] of the City of Des Peres
as if fully set forth herein.
(Ord. No. 1151, § 1(7), 7-22-85; Ord. No. 1370, § 1(7), 1-23-89; Ord. No. 1712, § 5, 3-27-95; Ord. No. 2051, § 2, 3-26-01; Ord. No. 2334, § 2(3), 8-8-05; Ord.
No. 2561, § 3, 12-13-10)
ARTICLE VIII. - CONSTRUCTION AND OCCUPANCY PERMITS[7]
Sec. 6-111. - Required.
(a) No building shall be erected, demolished, reconstructed, or altered in any way, unless a construction or demolition permit has been issued by the
building commissioner.
(b)
(c)
(1)
Application shall be made for a building or demolition permit before work is started; except, however, no demolition permit shall be required for
any demolition or structure removal undertaken by or on behalf of the city pursuant to the city's dangerous buildings and/or nuisance
ordinances.
(2)
The building commissioner shall issue the permit only upon a finding that the work will conform to all of the applicable ordinances of the city.
(3)
Each applicant for a building or demolition permit shall be provided a notice sign indicating the fact that an application has been filed with the
city's building commissioner and describing the general nature of the work to be performed. The sign must immediately be posted on the
property for which the permit is sought in a manner reasonably calculated to be visible to the public at such location as may be designated by
the building commissioner. The notice shall also state the date upon which the city is expected to act upon the application and advise the public
that information about the intended work may be obtained from the city's public works department. The notice may be removed from the
property once the application has been acted upon by the building commissioner.
No land or structure or building of any kind shall be occupied or used for any purpose(s) unless a certificate of occupancy has been approved by the
building commissioner and approved and issued by the director of public works and planning.
(1)
Application shall be made for the occupancy permit before occupancy or use is commenced.
(2)
The building commissioner shall approve the permit only upon a finding that each use or occupancy is lawful and conforms to the provisions of
this chapter, and that the building itself conforms to the provisions of all applicable ordinances of the city. He shall submit the permit to the
director of public works and planning for approval and issuance.
Any change of a commercial use or occupancy shall require a certificate of occupancy under this section.
(Code 1980, § 425.010; Ord. No. 1803, § 1, 9-24-96)
Sec. 6-112. - Records.
The building commissioner shall maintain, for such reasonable time as the director of public works shall determine, a file of all construction,
demolition and occupancy permits applied for or issued by that office. Copies of construction and demolition permits and applications shall be available
on request for examination by the public.
(Code 1980, § 425.020; Ord. No. 1804, § 1, 9-24-96)
Sec. 6-113. - Sanitary prerequisites.
(a) No building or structure shall be erected, reconstructed or altered in any way, nor shall it be used for any purpose unless:
(b)
(1)
There is an approved sanitary sewer system which connects to an approved treatment plant, serving the building or structure.
(2)
A plan for disposal of sanitary sewage, approved by the county health department, and consistent with applicable water pollution prevention
standards and regulations is presented to the building commissioner with the application for a building permit.
(3)
This subsection shall apply only to buildings or structures which are or may be used in a way which will or can produce effluent.
No occupancy permit shall be issued for the occupancy or use of any building or structure unless adequate sewage treatment facilities have been
installed and approved by the county health department, and are in compliance with state water pollution prevention standards and regulations.
(Code 1980, § 425.030)
Sec. 6-114. - Street and development deposits.
(a)
A development deposit in an amount set by the director of public works in his or her reasonable professional judgment in light of the purposes
hereinafter set forth but not less than one thousand dollars and no cents ($1,000.00) is required for all permits to guarantee repair of any damage to
the public infrastructure during construction or demolition and to guarantee that the construction or demolition process does not become
detrimental to neighboring properties and/or the community in general. All such permits are subject to limitations and restrictions on construction
and demolition activities including but not limited to:
(1)
No permit holder shall deposit mud, rocks or other foreign matter onto any public or private street or right-of-way.
(2)
No permit holder shall damage any public or private street, sidewalk, utility facility or private property.
(3)
No permit holder shall permit the accumulation of any junk or debris on the premises.
(4)
No permit holder shall be permitted to create a public or private nuisance relating to odors, noise, dust or lighting.
(5)
No permit hold shall be permitted to work outside the normal construction hours defined as 8:00 a.m. until 6:00 p.m. Monday through
Saturdays. Provided, however, construction hours are extended to 7:00 a.m. between Memorial Day and Labor Day.
The director of public works shall be authorized to deduct from such development deposit such sums of monies as necessary to cover the cost of
the following:
a.
A re-inspection fee of fifty dollars ($50.00) per inspection following any notice given in writing or verbally to the owner, contractor or
subcontractor, of violations of in-fill housing standards in section 6-04 of this Code or demolition standards in section 6-115 of this Code.
b.
The true and actual cost of manpower, equipment and associated expenses incurred by the city, or an agent of the city, to remediate
violations of this section including repair of damaged streets or public rights-of-way, removal of trash or debris from the site; removal of dirt
or debris from roadways, maintenance of storm water siltation control devices and similar construction related work.
c.
An administrative assessment of fifty dollars ($50.00) per incident for blocking public streets without a permit, or for conducting construction
or demolition related activity outside of permitted hours.
In addition, the director of public works may issue a stop work order for any construction or demolition site where egregious or repeated violations
of the requirements of this chapter have occurred and keep such order in force until such time as a reasonable plan to assure compliance is developed
and approved.
Any administrative assessment or stop work order may, upon written request, be reviewed by the city administrator and, absent satisfactory
resolution, may then be appealed to the board of adjustment, whose decision shall be final.
(b)
Development deposits shall be collected in conjunction with issuance of permits and permit fees according to the following schedule:
(1)
Residential building permits:
Housing unit .....$2,500.00
Accessory structure .....1,500.00
Swimming pool .....1,500.00
Addition .....1,000.00
Interior alteration .....500.00
Deck .....500.00
(2)
Commercial zoning and fire permits:
Building over 50,000 sq. ft. .....$5,000.00
Building under 50,000 sq. ft. .....3,000.00
Accessory structure .....2,000.00
Addition .....2,500.00
Interior alteration .....1,000.00
Parking lot modification .....1,000.00
(c)
(3)
Demolition permit .....1,000.00
(4)
Grading permit .....2,500.00
(5)
Sign permit .....500.00
(6)
Fence permit .....250.00
If it is determined that the applicant has either damaged or deposited foreign matter onto a public street or right-of-way, the city shall deduct the
cost of cleaning or repairing such street or right-of-way from the deposit amount. The city shall also withhold any partial or full refund of the deposit
amount if the applicant is in violation of any of the construction limitations outlined in this section. Such deposit shall not be refunded except upon
certification that the project has been completed.
Sec. 6-115. - Demolition of non-residential structures.
No non-residential building or accessory structures, whether located in a commercial or residential zoning district, shall be demolished without first
obtaining a demolition permit from the department of public works and strict adherence to the following general terms and conditions:
(1)
An application for a demolition permit (on a form provided by the city) shall be filed with the director of public works including the following:
a.
A site plan of the entire property clearly showing which buildings and facilities are to be removed;
(2)
b.
A schedule for starting and completing the work;
c.
A grading and erosion control plan including plans for establishment of suitable ground cover after demolition;
d.
A fencing plan showing location and fencing materials.
A protective fence is required as a condition of a demolition permit when any of the following conditions are present:
a.
If the demolition process will result in the interior of the structure being accessible to the general public overnight;
b.
If the basement and/or foundation of the structure is not backfilled on the same day as demolition.
c.
If the demolition, including removal of all debris, will not be or has not been completed within fifteen (15) calendar days.
d.
If the demolition site is located in a residential zoning district and the building or structure cannot be demolished and backfilled in a single
day.
e.
Whenever, in the sole professional judgment of the director of public works, a fence is necessary for public safety or to prevent creation of
an attractive nuisance.
(3)
Protective fencing shall be a minimum of six (6) feet in height and shall be so constructed and installed as to effectively prohibit entry by
unauthorized persons, screen the site from public view and prohibit the migration of materials off site. Fences (a) may be chain link with a top
rail and full height opaque screening fabric or wood; (b) shall be maintained in a secure and intact condition at all times; (c) shall have a lockable
gate, and (d) shall be installed and maintained in a workmanlike manner. The director of public works may determine the location of fencing and
specify all or that portion of the property which must be enclosed in order to achieve the safety and aesthetic goals of these regulations.
(4)
The demolition shall proceed continuously once started and shall be completed, including removal of demolition debris, within the time fixed by
the director of public works based upon the director's professional judgment of the amount of time reasonably necessary to perform work of
the character and extent and at the location involved.
(5)
No deposits required in conjunction with a demolition permit shall be released until such time as all construction debris is removed and
approved ground cover established.
(Ord. No. 2622, § 1, 6-11-12)
ARTICLE IX. - DEMOLITION OF BUILDINGS[8]
Sec. 6-131. - Certain buildings and structures deemed to be a nuisance.
Any building or structure now within or which may hereafter be constructed or erected within the city which is on either public or private property
and which shall be deemed by the director of public works to be detrimental to the health, safety or welfare of the citizens of Des Peres, shall be declared
to be a public nuisance. The director of public works shall, in making his determination as to whether a building or structure is detrimental to the health,
safety or welfare of the citizens, give consideration to the condition of the building or structure, the surrounding property, the age of such building or
structure, the location within the city and any other conditions which the director deems advisable, including, but not limited to the existence of any of
the following circumstances:
(1)
Any physical condition, or use of any premises regarded as a public nuisance at common law; or
(2)
Any physical condition, use or occupancy of any premises or its appurtenances considered dangerous or an attractive nuisance to children,
including, but not limited to, abandoned wells, shafts, basements, excavations and unsafe fences or structures; or
(3)
Any premises which has unsanitary sewerage or plumbing facilities; or
(4)
Any premises designated as unsafe for human habitation or use; or
(5)
Any premises which is manifestly capable of being a fire hazard, or manifestly unsafe or unsecure as to endanger life, limb or property; or
(6)
Any premises from which the plumbing, heating and/or other facilities required by the ordinances of the city have been removed, or from which
utilities have been disconnected, destroyed, removed or rendered ineffective, or the required precautions against trespassers have not been
provided; or
(7)
Any premises which is unsanitary, or which is littered with rubbish or garbage, or which has an excessive growth of weeds; or
(8)
Any structure or building that is in a state of dilapidation, deterioration or decay; faulty construction; overcrowded; open, vacant or abandoned;
damaged to an extent so as not to provide shelter; be in danger of collapse or failure, or otherwise be dangerous to persons on or near the
premises, including, but not limited to:
(A)
Those with interior walls or other vertical structural members that list, lean or buckle to such an extent that a plumb line passing through
the center of gravity falls outside the middle third of its base;
(B)
Those that, exclusive of the foundation, show thirty-three (33) percent or more damage or deterioration of the supporting member or
members or fifty (50) percent damage or deterioration of the non-supporting enclosing or outside walls or covering;
(C)
Those that have improperly distributed loads upon the floors or roofs, or in which the same are overloaded or that have insufficient
strength to be reasonably safe for the purpose used;
(D)
Those that have been damaged by fire, wind or other causes so as to become dangerous to life, safety or the general health and welfare of
the occupants or the people of the city;
(E)
Those that are so dilapidated, decayed, unsafe, unsanitary or that so utterly fail to provide the amenities essential to decent living that they
are unfit for human habitation, or are likely to cause sickness or disease, so as to work injury to the health, safety or welfare of those
occupying such building;
(F)
Those having light, air and sanitation facilities that are inadequate to protect the health, safety or general welfare of human beings who live
or may live therein;
(G)
Those having inadequate facilities for egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes or other
adequate means of evacuation; or
(H)
Those that have parts thereof that are so attached that they may fall and injure members of the public or property.
(Ord. No. 2718, § 1, 2-23-15)
Sec. 6-132. - Building inspectors and director of public works; duties and notices to vacate, recondition, or remove.
(a) All city police officers and all other city employees so designated by the director of public works shall be "building inspectors" within the meaning of
this article.
(b)
A building inspector shall have the duty under this article to:
Inspect, or cause to be inspected, as often as may be necessary, all residential, institutional, assembly, commercial, industrial, garage, special or
miscellaneous occupancy buildings for the purpose of determining whether an conditions exist that render such places a dangerous building when
the inspector has reasonable grounds to believe that any such building is dangerous;
Inspect any building, wall or structure about which complaints are filed by any person to the effect that a building, wall or structure is or may be
existing in violation of this ordinance, and the building inspector determines that there are reasonable grounds to believe that such building or wall is
dangerous, and
Inspect any building, wall or structure reported by the Department of Public Safety as probably existing in violation of this article; and
Notify the director of public works of any building or structure in violation of section 6-131.
(c)
The director of public works, upon determining that a building or structure is detrimental to the health, safety or welfare of the residents of the city,
shall serve written notice upon the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in the building or structure as
shown by the land records of the county recorder of deeds that the property is to be vacated, if such is the case, and/or reconditioned or removed
and that such vacation, reconditioning or removal shall be commenced within ten (10) days following receipt of such notice, which may be served
either by personal service, or certified mail, return receipt requested, but if service cannot be had by either of these modes of service then service
may be had by publication. If service is by publication, the notice shall state that the vacation, reconditioning or removal shall be commenced within
ten (10) days following such publication.
(Ord. No. 2718, § 1, 2-23-15)
Sec. 6-133. - Hearing on order to repair, recondition, demolish or remove.
Upon the failure of the owner, occupant, or other interested person to vacate and/or to commence work of reconditioning or demolition of a building
or structure within the time specified in section 6-132, or upon the failure of such person to proceed continuously with the work without unnecessary
delay, the director of public works shall call and have a full and adequate hearing upon the matter giving the affected parties at least twenty-one (21)
days' written notice of the hearing. The owner, occupant, lessee, mortgagee, agent, and all other persons having an interest in the building or structure as
shown by the land records of the recorder of deeds of the county shall be made parties. At such hearing any party may be represented by counsel and all
parties shall have an opportunity to be heard. After the hearing, if the evidence supports a finding that the building or structure is a nuisance or
detrimental to the health, safety or welfare of the residents of the city, the director of public works shall issue an order making specific findings of fact
based upon competent and substantial evidence which shows the building or structure to be a nuisance or detrimental to the health, safety or welfare of
the residents of Des Peres, and ordering the building or structure to be repaired, reconditioned, demolished or removed. If the evidence does not
support a finding that the building or structure is a nuisance or detrimental to the health, safety or welfare of the residents of the city, no order shall be
issued.
(Ord. No. 2718, § 1, 2-23-15)
Sec. 6-134. - City to repair recondition, demolish or remove, special tax bill.
If the owner, occupant or other interested person after receipt of the order provided for in section 6-133, and within a reasonable time thereafter
does not commence repair, reconditioning, demolition or removal of the building or structure, or an appeal is not taken as hereafter provided, then the
director of public works shall issue an order whereby the building or structure is to be repaired, reconditioned, demolished or removed and the cost of
such repair, reconditioning, demolition or removal shall be certified to the city clerk who shall cause a special tax bill therefor to be issued against the
property. The tax bill from the date of its issuance shall be a personal debt against the property owner and shall also be a lien on the property until paid.
At the request of the taxpayer, the tax bill may be paid in installments over a period of not more than ten (10) years.
(Ord. No. 2718, § 1, 2-23-15)
Sec. 6-135. - Insurance.
If there are proceeds of any insurance policy based upon a covered claim payment made for damage or loss to a building or other structure caused
by or arising out of any fire, explosion, or other casualty loss, the following procedure exists for the payment of up to twenty-five (25) percent of the
insurance proceeds, as set forth in subsections (1) and (2) of this section. The ordinance shall apply only to a covered claim payment which is in excess of
fifty (50) percent of the face value of the policy covering a building or other structure:
(1)
The insurer shall withhold from the covered claim payment up to twenty-five (25) percent of the covered claim payment, and shall pay such
moneys to the city to deposit into an interest-bearing account. Any named mortgagee on the insurance policy shall maintain priority over any
obligation under this section.
(2)
The city shall release the proceeds and any interest which has accrued on such proceeds received under subsection (1) of this section to the
insured or as the terms of the policy and endorsements thereto provide within thirty (30) days after receipt of such insurance moneys, unless
the city has instituted legal proceedings under the provisions of section 6-134. If the city has proceeded under the provisions of section 6-134, all
moneys in excess of that necessary to comply with the provisions of section 6-134 for the removal of the building or structure, less salvage value,
shall be paid to the insured.
This section shall apply to fire, explosion, or other casualty Joss claims arising on all buildings and structures. This section does not make the city a
party to any insurance contract, and the insurer is not liable to any party for any amount in excess of the proceeds otherwise payable under its insurance
policy. The city may certify that in lieu of payment of all or part of the covered claim payment under this section, it has obtained satisfactory proof that
the insured has or will remove debris and repair, rebuild or otherwise make the premise safe and secure. In this event, the city shall issue a certificate
within thirty (30) days after receipt of proof to permit covered claim payment to the insured without deduction pursuant to this section. It shall be the
obligation of the insured or other person making claim to provide the insurance company with the written certificate provided for in this section. Failure
to comply with the notice of declaration of nuisance within a reasonable time or failure to proceed continuously without unnecessary delay will be
punishable as set forth in this article or section 1-10 of this Code.
(Ord. No. 2718, § 1, 2-23-15)
Sec. 6-136. - Appeal.
(a) Any person affected by any notice or order which has been issued in connection with the enforcement of any provision of this section or of any rule
or regulation adopted pursuant thereto, shall have the right to request and shall be granted a hearing on the matter before the board of aldermen,
provided that such person shall file, with the city clerk, a written petition requesting such hearing and containing a statement of the grounds
therefore within ten (10) days after the day the notice was served.
(b)
The board shall hear all appeals relative to the enforcement of this Code, and by a concurring vote of the majority of its members may reverse or
affirm wholly or partly, or modify, the decision appealed from and shall make such order or determination as in the opinion of the board ought to be
made.
(c)
Any owner, occupant or other interested party who shall be aggrieved by the decision and order of the board of aldermen may appeal such decision
to the circuit court as provided in Chapter 536 of the Revised Statutes of Missouri, as amended, provided however, that such appeal is filed in the
appropriate court within ten (10) days of the date of the determination of the board.
(Ord. No. 2718, § 1, 2-23-15)
Sec. 6-137. - Emergency measures.
In cases where it reasonably appears that there is an immediate danger to the health, safety or welfare of any person, the board of aldermen may
take emergency measures to vacate and repair or demolish a dangerous building or structure.
(Ord. No. 2718, § 1, 2-23-15)
Sec. 6-138. - Provisions in article are in addition to, and not in lieu of other remedies.
The provisions of this article shall be in addition to, and not in lieu of, any remedies available under other ordinances of the city pertaining to public
nuisances.
(Ord. No. 2718, § 1, 2-23-15)
ARTICLE X. - EXTERIOR CONDITION OF BUILDINGS, ACCESSORY STRUCTURES AND PREMISES
Sec. 6-151. - Purpose.
The general purpose of this article is to protect the public health, safety and general welfare of the people of the city. These general objectives
include, among others, the following specific purposes:
(1)
To protect the character and stability of all areas within the city.
(2)
To provide minimum exterior standards for the maintenance of existing residential dwellings, commercial buildings, accessory structures, and
premises, and thus prohibit the spread of slums and blight.
(3)
To thus preserve the taxable value of land, commercial buildings, and dwellings throughout the city.
(Code 1980, § 270.010; Ord. No. 911, § 1, 3-24-80; Ord. No. 1483, § 2, 6-10-91)
As used in this article, the following terms shall have the meanings indicated in this section:
Accessory structure. A detached structure subordinance to the main or principal structure and located on the same lot, the use of which is customary
to the main dwelling or the main commercial building.
Commercial building. Any building, or portion thereof, which is designed or used for purposes other than residential.
Dwelling. Any building, or portion thereof, which is designed or used exclusively for residential purposes.
Fixtures and hardware. An element or feature present on the premises or exterior of a dwelling, commercial building, or accessory structure, including
awnings, shutters, flagpoles, lamps, barbecue pits, and other semipermanently affixed structures.
Litter. Garbage, trash, refuse, junk, brush, inoperative machinery or vehicles, rubbish, or other waste material.
Premises. A lot, plot or parcel of land, or any part thereof, including the dwelling, commercial building, accessory structure or structures.
Structure. Anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a
permanent location on the ground, including but without limiting the generality of the foregoing, backstops for tennis courts, radio towers, memorials
and ornamental structures. The word "structure" includes the words "building," "commercial building," "dwelling," or "accessory structure" in addition to
the foregoing.
(Code 1980, § 270.100; Ord. No. 911, § 1, 3-24-80; Ord. No. 1483, § 3, 6-10-91)
Sec. 6-153. - Minimum standards—Dwellings, commercial buildings, or structures.
(a) Foundations. Every foundation shall be reasonably weathertight, rodentproof, and shall be kept in good repair. The foundation elements shall
adequately support the building at all points.
(b)
Walls. Every exterior wall shall be free of holes, breaks, loose or rotting siding and any other conditions which might admit rain or dampness to the
interior portions of the walls or structure. All exterior surface material shall be kept in good repair and shall be protected by paint or other protective
coating applied in a workmanlike manner.
(c)
Windows, doors and hatchways. Every window, exterior door, and basement hatchway shall be substantially tight and shall be kept in sound condition
and repair. Every window sash and door shall fit reasonably tight within its frame and shall be properly hinged. Every window shall be fully supplied
with glass panes, or a rigid translucent substitute, free of cracks or holes. Screens, if installed, shall be kept in good repair.
(d)
Stairways and porches. Every exterior stairway and every porch shall be kept in safe condition and sound repair. Every exterior flight of stairs and
every porch floor shall be free of deterioration. Every porch rail and balustrade shall be firmly fastened and maintained in good condition. No flight
of stairs shall have rotting, loose or deteriorating supports. No porch shall have rotting, loose or deteriorating supports or floors. All exterior
stairways, porches and handrails shall be constructed in accordance with the applicable building code standards of construction and shall be
maintained in such a manner as to be capable of supporting the load that normal use may cause to be placed thereon.
(e)
Chimneys and flues. Any brick, masonry or other structural chimney or flue and any attached accessories shall be kept in sound repair.
(f)
Gutters. Every structure shall be guttered where appropriate and with ample downspouts, properly positioned and in good repair.
(g)
Roof. All roofs shall be sufficiently waterproof, weatherproof and fitted to exclude the entrance of rain, rodents, birds, and other impediments to the
maintenance of interior health and safety. All surface materials shall be kept in good repair.
(h)
Accessory structures. All accessory structures shall be maintained in good condition and shall be compatible with their intended use.
(i)
Fixtures and hardware. Fixtures and hardware shall be maintained in good condition and repair.
(j)
Exterior surfaces. All exterior material coating, where appropriate, shall be properly applied and maintained.
(Code 1980, § 270.110; Ord. No. 911, § 1, 3-24-80; Ord. No. 1483, § 4, 6-10-91)
Sec. 6-154. - Condition of grounds.
(a) Every yard, court, vent passageway, driveway, sidewalk and other portion of any premises shall be free of litter, weeds, and other safety hazards,
graded and drained so as to prevent the accumulation of stagnant water on any such surface. Driveways, fences and sidewalks shall be maintained
in good repair.
(b)
Gravel from gravel driveways must be retained in the driveway and kept clear of sidewalks and streets.
(c)
This section does not prohibit residential composting performed in a manner which does not violate any health and/or safety regulations as
determined by the director of public works. Residential composting shall only be permitted in rear yards and only in appropriate composting facilities
and/or structures as determined by the director of public works with due regard to vermin control, odors and avoidance of dispersion of compost
materials by wind, rain or other natural forces.
(d)
Any dead, diseased or dangerous tree shall be removed immediately when the height of such tree is equal to or less than its distance from any
power line, structure or impervious surface such as a public or private street, a parking lot, sidewalk or driveway.
(e)
All plantings on a lot shall be maintained in a proper manner to reduce public safety hazards. Trees shall be pruned regularly to remove dead
branches. Shrubs and flowering beds shall be trimmed or cut back regularly to prevent the potential of harboring vermin and other dangerous pests.
(Code 1980, § 270.120; Ord. No. 911, § 1, 3-24-80; Ord. No. 1478, § 1, 4-22-91; Ord. No. 2038, § 1, 12-11-00; Ord. No. 2261, § 1, 11-24-03)
Sec. 6-155. - Enforcement.
(a) It shall be the duty of the director of public works to enforce the provisions of this article. The director of public works or his agents are authorized
and directed to make exterior inspections only, to determine whether dwellings, commercial buildings, accessory structures, structures, or premises
located within this city conform to the requirements of this article. Inspections of property under this article shall be made after the effective date of
the ordinance from which this article is derived where there is exterior deterioration of a dwelling, commercial building, accessory structure,
structure, or premise.
(b)
For the purpose of making such inspections, the director of public works or his agents are authorized to enter upon the premises to examine
exterior structure and ground conditions.
(Ord. No. 911, § 1, 3-24-80; Ord. No. 1483, § 5, 6-10-91)
Sec. 6-156. - Emergency measures.
When any dwelling, commercial building, accessory structures, or structure has become so damaged by fire, wind or other causes, or any premises
has become so unsafe, unhealthful or unsanitary that, in the opinion of the director of public works and concurred in by the city administrator, life or
health is immediately endangered by the occupation of such premises, the director of public works is hereby authorized and empowered to order and
require the occupants of the premises to vacate immediately, until the corrective work and repairs required to make the premises safe and fit for human
habitation have been completed, whether or not a notice of violation has been given as described in this article, and whether or not legal procedures
described by this Code have been instituted.
(Code 1980, § 270.140; Ord. No. 911, § 1, 3-24-80; Ord. No. 1478, § 2, 4-22-91; Ord. No. 1483, 6, 6-10-91)
Sec. 6-157. - Noncompliance with article; notice of defects.
(a) Whenever the director of public works determines that there are reasonable grounds to believe there has been a violation of any provisions of
sections 6-161 through 6-156, the director shall cause notice of such alleged violation to be served upon the owner, occupant, lessee, mortgagee,
agent, and all other persons having an interest in the building, structure, or premises as shown by the land records of the recorder of deeds of St.
Louis County which shall:
(1)
Be in writing;
(2)
Contain a statement of the reason it is being issued;
(3)
Contain an outline of remedial action which if taken will effect compliance with the provisions of this article;
(4)
Allow a reasonable time for the performance of any act it requires;
(5)
Be served upon the owner, occupant, lessee, mortgagee, agent, and other persons having an interest in the building, structure, or premises.
Such notice shall be deemed to be properly served if a copy thereof is:
a.
Served personally, or
b.
Sent by registered or certified mail to the person's last known address, or
c.
If service cannot be had by either of these modes of service, then service may be had by publication.
A copy of the notice may also be posted in a conspicuous place on or about the building, structure, or premises affected by the notice.
(b)
Any building, structure, or premises which is not maintained in conformity with the requirements of sections 6-151 through 6-156 is hereby declared
to be a public nuisance. It shall be unlawful for any person upon whom notice in accord with subsection (a) has been served to fail to complete the
required remedial action within the time specified by the director of public works. Any person found guilty of maintaining such a nuisance or failing
to take required remedial action shall be punished as provided in section 1-10 of this Code of Ordinances.
Sec. 6-158. - Inoperable or abandoned vehicles.
(a) For the purpose of this section the following definitions shall apply:
(b)
(c)
(1)
Person means any person, firm, partnership, association, corporation, company, or organization of any kind.
(2)
Vehicle means a machine propelled by power, other than human power, designed to travel along the ground by use of wheels, treads, runners,
or slides, and transport persons or property or pull machinery. This definition includes, but is not limited to, automobiles, trucks, trailers,
motorcycles, tractors, buggies, wagons, and all parts normally comprising or used in conjunction with such automobiles, trucks, trailers,
motorcycles, tractors, buggies, or wagons.
(3)
Minor motor vehicle repairs means incidental repairs or services to motor vehicles including changing flat tires, repairing or servicing the electrical
or ignition system, replacing hoses, cleaning or replacing filters, installing minor accessories, and adding or replacing lubricants, coolants,
refrigerants, or hydraulic system fluids.
(4)
Front yard means the area extending across the front of a lot between the lot lines, and encompassing the area between the street right-of-way
line and the principal building. In the case of corner lots, the front yard shall be deemed the yard facing any street.
(5)
Rear yard means a yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the principal
building.
(6)
Side yard means that part of the yard lying between the nearest line of the principle building and a side lot line and extending from the front yard
to the rear yard.
(7)
Inoperable when used in reference to vehicles or machinery means that the vehicle or machine is not readily capable of operating in its intended
manner.
No person in charge or control of any property within the city, whether as owner, tenant, occupant, lessee, or otherwise, shall allow any partially
dismantled, inoperable, wrecked, junked, unlicensed, or discarded vehicle, or any parts normally comprising or used in conjunction therewith, to
remain on such property longer than twenty-four (24) hours except in accordance with the following conditions:
(1)
A vehicle may remain on the premises of a business operated in a lawful place and manner when necessary to the operation of such business
enterprise only if the vehicle is retained for the purpose of repair; provided, however, that no more than two (2) such vehicles may remain on
such premises other than in a fully enclosed garage.
(2)
A vehicle may be stored in an appropriate storage place or depository maintained in a lawful place and manner by the city.
(3)
A vehicle may be stored at any time in an enclosed building.
(4)
In residential districts, one (1) such vehicle may be stored only in a rear yard, a side yard, or a carport, providing that such vehicle is adequately
screened from view at normal eye level from any street or from any adjoining lot by fencing, landscaping or some similar device.
No person shall repair or service any motor vehicle in any residential zoning district except as hereinafter provided.
(1)
A vehicle may be repaired if the repairs are limited to those defined herein as minor motor vehicle repairs and are fully completed within a
period of twenty-four (24) hours or less.
(2)
Repairs, other than minor repairs, may be undertaken only if confined to a completely enclosed building or to a rear yard, side yard, or carport,
providing that such repair activity is adequately screened from view at normal eye level from any street or from any adjoining lot by fencing,
landscaping or some similar device.
(3)
All repairs shall be limited to vehicles owned or operated by the resident or residents living within the principle building.
(d)
No person shall leave any partially dismantled, nonoperating, wrecked, junked, or discarded vehicle on any street or highway within the city.
(e)
No person shall undertake any vehicle repairs, other than minor repairs, upon any street or highway within the city. Any minor repairs conducted on
a street or highway in the city must be fully completed within a period of six (6) hours or less.
(f)
It shall be the duty of the director of public works to enforce the provisions of this section. Whenever the director of public works determines that a
person is violating the provisions of this section, he shall give notice of such alleged violation which shall:
(1)
Be in writing;
(2)
Be served upon the person or a member of his immediate family personally, or delivered by registered or certified mail to his last known
address;
(3)
Contain a statement of the reason why it is being issued;
(4)
Contain a statement concerning what action should be taken to effect compliance with this section; and
(5)
(g)
Allow a reasonable time for the performance of any act necessary to effect compliance.
Any person who violates the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished as
provided by section 1-10 of this Code of Ordinances.
(Ord. No. 1343, § 1, 8-22-88; Ord. No. 1471, § 1, 3-25-91)
Cross reference— Garbage, trash and refuse, Ch. 11; health and sanitation, Ch. 12; motor vehicles and traffic, Ch. 14; towing, impoundment and
disposition of abandoned or illegally parked vehicles, § 14-331 et seq.; stolen, lost or abandoned property, lawfully possessed weapons, etc., § 16-146 et
seq.; streets, sidewalks and public places, Ch. 18.
Sec. 6-159. - Parking and storage of commercial vehicles, recreational equipment and house trailers.
(a) For the purpose of this section the following definitions shall apply:
(b)
(c)
(1)
Maximum cargo capacity means that weight specified by the manufacturer of a vehicle which is the maximum weight of cargo which the vehicle
was designed to carry. The maximum cargo weight stated on an information plate attached to the vehicle shall be presumed to be the maximum
cargo capacity of a vehicle.
(2)
Commercial vehicle means any motor vehicle used for business or institutional purposes or having painted thereon or affixed thereto a sign
identifying a business or institution or a principle product or service of a business or institution, which has a maximum cargo capacity in excess
of one thousand five hundred (1,500) pounds. This term shall also include trailers designed, intended or used for the transportation of material
or equipment and not coming within the definition of "recreational equipment."
(3)
Recreational equipment means a camper trailer, pick-up camper (not attached to the truck), motorized mobile home, boat, house boat, boat
trailer, horse trailer, dunebuggies, snowmobiles, motorcycles and ATV (all terrain vehicles), or any similar equipment designed, constructed, or
modified for recreational or travel use and otherwise not primarily used for ordinary day to day transportation.
(4)
House trailer means a self-contained mobile structure designed to be used for dwelling purposes, rather than recreational or travel purposes,
which has been or reasonably may be transported on its own wheels or on a flatbed or other trailer. This definition shall not include
construction trailers, provided a permit has been obtained from the building commissioner.
(5)
Front yard means the area extending across the front of a lot between the lot lines, and encompassing the area between the street right-of-way
line and the principle building. In the case of corner lots, the front yard shall be deemed the yard facing any street.
(6)
Rear yard means a yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the principle
building.
(7)
Side yard means that part of the yard lying between the nearest line of the principle building and a side lot line and extending from the front yard
to the rear yard.
(8)
Enclosed garage means a structure which is primarily designed or intended for the storage of vehicles and which, when all accesses to the interior
are closed, has the ability to totally shield from view anything stored therein.
No person shall park or store or allow any other person to park or store any commercial vehicle, recreational equipment, or house trailer on private
property in a residentially zoned area except in accordance with the following conditions:
(1)
Any commercial vehicle, house trailer, or recreational equipment may be parked or stored, at any time, in an enclosed garage.
(2)
A maximum of one (1) commercial vehicle and one (1) item of recreational equipment shall be permitted to be parked or stored in a rear yard, a
side yard, or a carport; providing, that such parked vehicles and stored equipment are screened from view at normal eye level from any street or
from any adjoining lot by fencing, landscaping, or some similar device.
(3)
Recreational equipment may be parked in a driveway or on any street immediately adjacent to property owned or occupied by the owner or
user of such equipment, for the purposes of loading and unloading, but no such parking shall exceed twenty-four (24) hours in any five-day
period.
(4)
A commercial vehicle may be parked in a driveway or on any street immediately adjacent to property owned or occupied by the beneficiary of
such services or transportation, while services are being provided or goods are being picked up or delivered.
(5)
Recreational equipment may be parked on private property in a residentially-zoned area for a period of seven (7) consecutive days or less if the
owner of such property obtains a permit from the department of public works. No property owner shall obtain more than three (3) such permits
in any 12-month period and provided that permit may not be issued so as to permit parking of such vehicles for more than fourteen (14)
consecutive days.
It shall be the duty of the director of public works to enforce the provisions of this section. Whenever the director of public works determines that a
person is violating the provisions of this section, he shall give notice of such alleged violation which shall:
(1)
Be in writing;
(2)
Be served upon the person or member of his immediate family personally, or delivered by registered or certified mail to his last known address;
(3)
Contain a statement of the reason why it is being issued;
(4)
Contain a statement concerning what action should be taken to effect compliance with this section; and
(5)
Allow a reasonable time for the performance of any act necessary to effect compliance, except in cases of emergency, at which time said director
of public works may order immediate compliance.
(d)
When a person subject to the provisions of this section can show that the strict application of the terms hereof will impose practical difficulties or
particular hardships, such person may apply for a variance from the provisions of this section by filing a written application with the city
administrator. The city administrator may consider and allow variations to the strict application of the terms of this section if such variations are in
harmony with the purpose and intent of this section, and if they will not be injurious to the surrounding property or otherwise detrimental to the
public welfare.
(e)
Any person who violates the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished as
provided by section 1-10 of this Code.
Cross reference— Motor vehicles and traffic, Ch. 14; streets, sidewalks and other public places, Ch. 18.
Sec. 6-160. - Temporary storage.
(a) As used in this section the following terms shall mean as follows:
Accessory building means a subordinate building customarily incidental to and located on the same lot occupied by a main building, subordinate in
area, extent, or purposes to the main building, limited to and contributing to the comfort, convenience or necessity of the occupants of the main building.
For purposes of this section, an accessory building differs from a temporary storage device, portable on demand storage unit and storage shed in that it
is constructed pursuant to a building permit, and is permanently affixed to realty.
PODS is an acronym and common name for portable on demand storage units.
Portable on demand storage unit means a container designed, constructed and commonly used for non-permanent placement on property for the
purpose of temporary storage of personal property.
Storage shed means a prefabricated structure designed, intended and installed on property primarily for the long-term storage of yard, pool and
garden equipment and similar personal property.
Storage trailers includes trucks, trailers, and other vehicles or parts of vehicles designed to be hitched or attached to trucks, tractors or other vehicles
for movement from place to place used as a temporary storage device.
(b)
No person shall park or leave any storage trailer, PODS or similar device so as to be visible from public rights-of-way without obtaining a permit from
the department of public works and paying a permit fee of twenty-five dollars ($25.00). The permit shall specify the time period, not exceeding
fourteen (14) days, when the unit may be kept on the property and the location on the property where the unit is to be situated. No more than three
(3) permits may be issued for any lot or parcel of property in any twelve-month period.
(c)
This section shall not apply to the use or placement of construction trailers and equipment on property in association with ongoing construction
activities carried out pursuant to a valid building permit.
(Ord. No. 2271, § 2, 1-26-04)
ARTICLE XI. - FLOOD HAZARD DAMAGE PREVENTION AND PROTECTION[9]
Unless specifically defined below, words or phrases used in this article shall be interpreted so as to give them the meaning they have in common
usage and to give this article its most reasonable application.
100-year flood see "base flood."
Accessory structure means the same as "appurtenant structure."
Actuarial rates see "risk premium rates."
Administrator means the Federal Insurance Administrator.
Agency means the Federal Emergency Management Agency (FEMA).
Appeal means a request for review of the floodplain administrator's interpretation of any provision of this article or a request for a variance.
Appurtenant structure means a structure that is on the same parcel of property as the principle structure to be insured and the use of which is
incidental to the use of the principal structure.
Area of special flood hazard is the land in the floodplain within a community subject to a one (1) percent or greater chance of flooding in any given
year.
Base flood means the flood having a one (1) percent chance of being equaled or exceeded in any given year.
Basement means any area of the structure having its floor subgrade (below ground level) on all sides.
Building see "structure."
Chief executive officer or chief elected official means the official of the community who is charged with the authority to implement and administer laws,
ordinances, and regulations for that community.
Community means any state or area or political subdivision thereof, which has authority to adopt and enforce floodplain management regulations for
the areas within its jurisdiction.
Development means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, levees,
levee systems, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.
Elevated building means for insurance purposes, a non-basement building which has its lowest elevated floor raised above ground level by foundation
walls, shear walls, posts, piers, pilings, or columns.
Eligible community or participating community means a community for which the administrator has authorized the sale of flood insurance under the
National Flood Insurance Program (NFIP).
Existing construction means for the purposes of determining rates, structures for which the "start of construction" commenced before the effective
date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures."
Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing
the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either
final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a
community.
Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing
the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading
or the pouring of concrete pads).
Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from (1) the overflow of
inland and/or (2) the unusual and rapid accumulation or runoff of surface waters from any source.
Flood boundary and floodway map (FBFM) means an official map of a community on which the administrator has delineated both special flood hazard
areas and the designated regulatory floodway.
Flood elevation determination means a determination by the administrator of the water surface elevations of the base flood, that is, the flood level that
has a one (1) percent or greater chance of occurrence in any given year.
Flood elevation study means an examination, evaluation and determination of flood hazards.
Flood fringe means the area outside the floodway encroachment lines, but still subject to inundation by the regulatory flood.
Flood hazard boundary map (FHBM) means an official map of a community, issued by the administrator, where the boundaries of the flood areas
having special flood hazards have been designated as (unnumbered or numbered) A zones.
Flood insurance rate map (FIRM) means an official map of a community, on which the administrator has delineated both the special flood hazard areas
and the risk premium zones applicable to the community.
Flood insurance study (FIS) means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface
elevations.
Floodplain or flood-prone area means any land area susceptible to being inundated by water from any source (see "flooding'').
Floodplain management means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but
not limited to emergency preparedness plans, flood control works, and floodplain management regulations.
Floodplain management regulations means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances
(such as floodplain and grading ordinances) and other applications of police power. The term describes such state or local regulations, in any
combination thereof, that provide standards for the purpose of flood damage prevention and reduction.
Floodproofing means any combination of structural and nonstructural additions, changes, or adjustments to structures that reduce or eliminate flood
damage to real estate or improved real property, water and sanitary facilities, or structures and their contents.
Floodway or regulatory floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to
discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot.
Floodway encroachment lines means the lines marking the limits of floodways on federal, state and local floodplain maps.
Freeboard means a factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to
compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and
floodway conditions, such as bridge openings and the hydrological effect of urbanization of the watershed.
Functionally dependent use means a use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. This
term includes only docking facilities and facilities that are necessary for the loading and unloading of cargo or passengers, but does not include long-term
storage or related manufacturing facilities.
Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
Historic structure means any structure that is (a) listed individually in the National Register of Historic Places (a listing maintained by the Department
of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (b)
certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a
district preliminarily determined by the Secretary to qualify as a registered historic district; (c) individually listed on a state inventory of historic places in
states with historic preservation programs which have been approved by the Secretary of the Interior; or (d) individually listed on a local inventory of
historic places in communities with historic preservation programs that have been certified either (1) by an approved state program as determined by the
Secretary of the Interior or (2) directly by the Secretary of the Interior in states without approved programs.
Lowest floor means the lowest floor of the lowest enclosed area, including basement. An unfinished or flood-resistant enclosure, usable solely for
parking of vehicles, building access, or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such
enclosure is not built so as to render the structure in violation of the applicable floodproofing design requirements of this article.
Manufactured home means a structure, transportable in one (1) or more sections, that is built on a permanent chassis and is designed for use with or
without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle."
Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent
or sale.
Map means the flood hazard boundary map (FHBM), flood insurance rate map (FIRM), or the flood boundary and floodway map (FBFM) for a
community issued by the Federal Emergency Management Agency (FEMA).
Market value or fair market value means an estimate of what is fair, economic, just and equitable value under normal local market conditions.
Mean sea level means, for purposes of the National Flood Insurance Program (NFIP), the National Geodetic Vertical Datum (NGVD) of 1929 or other
datum, to which base flood elevations shown on a community's flood insurance rate map (FIRM) are referenced.
New construction means, for the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the
effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For
floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of
the floodplain management regulations adopted by a community and includes any subsequent improvements to such structures.
New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the
lot on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final
site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by the
community.
NFIP means the National Flood Insurance Program (NFIP).
Participating community also known as an "eligible community," means a community in which the administrator has authorized the sale of flood
insurance.
Person includes any individual or group of individuals, corporation, partnership, association, or any other entity, including federal, state, and local
governments and agencies.
Principally above ground means that at least fifty-one (51) percent of the actual cash value of the structure, less land value, is above ground.
Recreational vehicle means a vehicle which is (a) built on a single chassis; (b) four hundred (400) square feet or less when measured at the largest
horizontal projections; (c) designed to be self-propelled or permanently towable by a light- duty truck; and (d) designed primarily not for use as a
permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. A recreational vehicle is considered ready for
highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security devices, and has no
permanently attached additions.
Remedy a violation means to bring the structure or other development into compliance with federal, state, or local floodplain management
regulations; or, if this is not possible, to reduce the impacts of its noncompliance.
Repetitive loss means flood-related damages sustained by a structure on two (2) separate occasions during a ten-year period for which the cost of
repairs at the time of each such flood event, equals or exceeds twenty-five (25) percent of the market value of the structure before the damage occurred.
Risk premium rates means those rates established by the administrator pursuant to individual community studies and investigations which are
undertaken to provide flood insurance in accordance with Section 1307 of the National Flood Disaster Protection Act of 1973 and the accepted actuarial
principles. "Risk premium rates" include provisions for operating costs and allowances.
Special flood hazard area see "area of special flood hazard."
Special hazard area means an area having special flood hazards and shown on an FHBM, FIRM or FBFM as zones (unnumbered or numbered) A and
AE.
Start of construction includes substantial-improvements, and means the date the building permit was issued, provided the actual start of construction,
repair, reconstruction, rehabilitation, addition placement, or other improvements were within one hundred eighty (180) days of the permit date. The
actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slabs or footings, the installation
of piles, the construction of columns, any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing, grading and filling, the installation of streets and/or walkways, excavation for a
basement, footings, piers, foundations, the erection of temporary forms, nor installation on the property of accessory structures, such as garages or
sheds not occupied as dwelling units or not part of the main structure. For a substantial-improvement, the actual start of construction means the first
alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
State coordinating agency means that agency of the state government, or other office designated by the governor of the state or by state statute at the
request of the Administrator to assist in the implementation of the National Flood Insurance Program (NFIP) in that state.
Structure means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above
ground, as well as a manufactured home. "Structure" for insurance purposes, means a walled and roofed building, other than a gas or liquid storage tank
that is principally above ground and affixed to a permanent site, as well as a manufactured home on a permanent foundation. For the latter purpose, the
term includes a building while in the course of construction, alteration or repair, but does not include building materials or supplies intended for use in
such construction, alteration or repair, unless such materials or supplies are within an enclosed building on the premises.
Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition
would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred. The term includes Repetitive Loss buildings
(see definition).
For the purposes of this definition, "repair" is considered to occur when the first repair or reconstruction of any wall, ceiling, floor, or other structural
part of the building commences.
The term does not apply to:
a.
Any project for improvement of a building required to comply with existing health, sanitary, or safety code specifications which have been
identified by the code enforcement official and which are solely necessary to assure safe living conditions, or
b.
Any alteration of a "historic structure" provided that the alteration will not preclude the structure's continued designation as a "historic
structure", or
c.
Any improvement to a building.
Substantial improvement means any combination of reconstruction, alteration, or improvement to a building, taking place during a ten-year period, in
which the cumulative percentage of improvement equals or exceeds fifty (50) percent of the current market value of the building. For the purposes of this
definition, an improvement occurs when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not
that alteration affects the external dimensions of the building. This term includes structures, which have incurred "repetitive loss" or "substantial
damage", regardless of the actual repair work done.
The term does not apply to:
a.
Any project for improvement of a building required to comply with existing health, sanitary, or safety code specifications which have been
identified by the Code Enforcement Official and which are solely necessary to assure safe living conditions, or
b.
Any alteration of a "historic structure" provided that the alteration will not preclude the structure's continued designation as a "historic
structure," or
c.
Any building that has been damaged from any source or is categorized as repetitive loss.
Substantially improved existing manufactured home parks or subdivisions is where the repair, reconstruction, rehabilitation or improvement of the
streets, utilities and pads equals or exceeds fifty (50) percent of the value of the streets, utilities and pads before the repair, reconstruction or
improvement commenced.
Variance means a grant of relief by the community from the terms of a floodplain management regulation. Flood insurance requirements remain in
place for any varied use or structure and cannot be varied by the community.
Violation means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A
structure or other development without the elevation certificate, other certifications, or other evidence of compliance required by this article is presumed
to be in violation until such time as that documentation is provided.
Water surface elevation means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum where specified) of
floods of various magnitudes and frequencies in the floodplain.
(Ord. No. 2711, § 1, 1-12-15)
Sec. 6-172. - Statutory authorization, findings of fact and purpose.
(a) Statutory authorization. The Missouri General Assembly has in Section 89.020 RSMo delegated the responsibility to local governmental units to adopt
floodplain management regulations designed to protect the health, safety, and general welfare. Therefore, the board of aldermen of the City of Des
Peres, Missouri, ordains as follows.
(b)
Findings of fact.
(1)
Flood losses resulting from periodic inundation. The special flood hazard areas of the City are subject to inundation which results in loss of life and
property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection
and relief, and impairment of the tax base; all of which adversely affect the public health, safety and general welfare.
(2)
General causes of the flood losses. These flood losses are caused by (1) the cumulative effect of development in any delineated floodplain causing
increases in flood heights and velocities; and (2) the occupancy of flood hazard areas by uses vulnerable to floods, hazardous to others,
inadequately elevated, or otherwise unprotected from flood damages.
(3)
Methods used to analyze flood hazards. The flood insurance study (FIS) that is the basis of this article uses a standard engineering method of
analyzing flood hazards which consist of a series of interrelated steps.
a.
Selection of a base flood that is based upon engineering calculations which permit a consideration of such flood factors as its expected
frequency of occurrence, the area inundated, and the depth of inundation. The base flood selected for this article is representative of large
floods which are characteristic of what can be expected to occur on the particular streams subject to this article. It is in the general order of a
flood which could be expected to have a one (1) percent chance of occurrence in any one (1) year as delineated on the Federal Insurance
Administrator's FIS, and illustrative materials for St. Louis County dated February 4, 2015, as amended, and any future revisions thereto.
(c)
b.
Calculation of water surface profiles are based on a standard hydraulic engineering analysis of the capacity of the stream channel and
overbank areas to convey the regulatory flood.
c.
Computation of a floodway required to convey this flood without increasing flood heights more than one (1) foot at any point.
d.
Delineation of floodway encroachment lines within which no development is permitted that would cause any increase in flood height.
e.
Delineation of flood fringe, i.e., that area outside the floodway encroachment lines, but still subject to inundation by the base flood.
Statement of purpose. It is the purpose of this article to promote the public health, safety, and general welfare; to minimize those losses described in
subsection (b)(1) of this section; to establish or maintain the community's eligibility for participation in the National Flood Insurance Program (NFIP)
as defined in 44 Code of Federal Regulations (CFR) 59.22(a)(3); and to meet the requirements of 44 CFR 60.3(d) by applying the provisions of this
article to:
(1)
Restrict or prohibit uses that are dangerous to health, safety, or property in times of flooding or cause undue increases in flood heights or
velocities;
(2)
Require uses vulnerable to floods, including public facilities that serve such uses, be provided with flood protection at the time of initial
construction; and
(3)
Protect individuals from buying lands which are unsuited for the intended development purposes due to the flood hazard.
(Ord. No. 2711, § 1, 1-12-15)
Sec. 6-173. - General provisions.
(a) Lands to which article applies. This article shall apply to all lands within the jurisdiction of the city identified as numbered and unnumbered A zones
and AE zones, on the flood insurance rate maps (FIRMs) for St. Louis County on map panels 29189C0301K, 29189C0302K, 29189C0303K,
29189C0304K, 29189C0306K, dated February 4, 2015, as amended, and any future revisions thereto. In all areas covered by this article, no
development shall be permitted except through the issuance of a floodplain development permit, granted by the board of aldermen or its duly
designated representative under such safeguards and restrictions as the board of aldermen or the designated representative may reasonably
impose for the promotion and maintenance of the general welfare, health of the inhabitants of the city, and as specifically noted in section 6-174.
(b)
The floodplain administrator. The director of public works is hereby designated as the floodplain administrator under this article. The director of
public works may appoint and utilize such assistant administrators as he/she shall deem necessary and appropriate to assist with performing his/her
duties hereunder.
(c)
Compliance. No development located within the special flood hazard areas of this city shall be located, extended, converted, or structurally altered
without full compliance with the terms of this article and other applicable regulations.
(d)
Abrogation and greater restrictions. It is not intended by this article to repeal, abrogate, or impair any existing easements, covenants, or deed
restrictions. However, where this article imposes greater restrictions, the provision of this article shall prevail. All other ordinances inconsistent with
this article are hereby repealed to the extent of the inconsistency only.
(e)
Interpretation. In their interpretation and application, the provisions of this article shall be held to be minimum requirements, shall be liberally
construed in favor of the city, and shall not be deemed a limitation or repeal of any other powers granted by statutes.
(f)
Warning and disclaimer of liability. The degree of flood protection required by this article is considered reasonable for regulatory purposes and is
based on engineering and scientific methods of study. Larger floods may occur on rare occasions or the flood heights may be increased by manmade or natural causes, such as ice jams and bridge openings restricted by debris. This article does not imply that areas outside the floodway and
flood fringe or land uses permitted within such areas will be free from flooding or flood damage. This article shall not create a liability on the part of
the city, any officer or employee thereof, for any flood damages that may result from reliance on this article or any administrative decision lawfully
made thereunder.
(g)
Severability. If any section, clause, provision or portion of this article is adjudged unconstitutional or invalid by a court of competent jurisdiction, the
remainder of this article shall not be affected thereby.
(Ord. No. 2711, § 1, 1-12-15)
DIVISION 2. - ADMINISTRATION
Sec. 6-174. - Administration.
(a) Floodplain development permit required. A floodplain development permit shall be required for all proposed construction or other development,
including the placement of manufactured homes, in the areas described in section 6-173(a). No person, firm, corporation, or unit of government shall
initiate any development or substantial improvement or cause the same to be done without first obtaining a separate floodplain development permit
for each structure or other development.
(b)
Duties and responsibilities of floodplain administrator. Duties of the floodplain administrator shall include, but not be limited to:
(1)
Review of all applications for floodplain development permits to assure that sites are reasonably safe from flooding and that the floodplain
development permit requirements of this article have been satisfied;
(2)
Review of all applications for floodplain development permits for proposed development to assure that all necessary permits have been
obtained from federal, state, or local governmental agencies from which prior approval is required by federal, state, or local law;
(3)
Review all subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, to determine
whether such proposals will be reasonably safe from flooding;
(4)
Issue floodplain development permits for all approved applications;
(5)
notify adjacent communities and the Missouri State Emergency Management Agency (SEMA) prior to any alteration or relocation of a
watercourse, and submit evidence of such notification to FEMA;
(6)
Assure that the flood carrying capacity is not diminished and shall be maintained within the altered or relocated portion of any watercourse;
(7)
Verify and maintain a record of the actual elevation (in relation to mean sea level) of the lowest floor, including basement, of all new or
substantially improved structures;
(c)
(8)
Verify and maintain a record of the actual elevation (in relation to mean sea level) that the new or substantially improved non-residential
structures have been floodproofed;
(9)
When floodproofing techniques are utilized for a particular non-residential structure, the city shall require certification from a registered
professional engineer or architect.
Application for floodplain development permit. To obtain a floodplain development permit, the applicant shall first file an application in writing on a
form furnished for that purpose. Every floodplain development permit application shall:
(1)
Describe the land on which the proposed work is to be done by lot, block and tract, house and street address, or similar description that will
readily identify and specifically locate the proposed structure or work;
(2)
Identify and describe the work to be covered by the floodplain development permit;
(3)
Indicate the use or occupancy for which the proposed work is intended;
(4)
Indicate the assessed value of the structure and the fair market value of the improvement;
(5)
Specify whether development is located in designated flood fringe or floodway;
(6)
Identify the existing base flood elevation and the elevation of the proposed development;
(7)
Give such other information as reasonably may be required by the city planner;
(8)
Be accompanied by plans and specifications for proposed construction; and
(9)
Be signed by the permittee or his authorized agent who may be required to submit evidence to indicate such authority.
(Ord. No. 2711, § 1, 1-12-15)
DIVISION 3. - PROVISIONS FOR FLOOD HAZARD REDUCTION
Sec. 6-175. - Provisions for flood hazard reduction.
(a) General standards.
(1)
No permit for floodplain development shall be granted for new construction, substantial improvements, and other improvements, including the
placement of manufactured homes, within any numbered or unnumbered A zones and AE zones, unless the conditions of this section are
satisfied.
(2)
All areas identified as unnumbered A zones on the FIRM are subject to inundation of the 100-year flood; however, the base flood elevation is not
provided. Development within unnumbered A zones is subject to all provisions of this article. If flood insurance study data is not available, the
community shall obtain, review, and reasonably utilize any base flood elevation or floodway data currently available from federal, state, or other
sources.
(3)
Until a floodway is designated, no new construction, substantial improvements, or other development, including fill, shall be permitted within
any numbered A zone or AE zone on the FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when
combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one (1)
foot at any point within the community.
(4)
All new construction, subdivision proposals, substantial improvements, prefabricated structures, placement of manufactured homes, and other
developments shall require:
(5)
(6)
a.
Design or adequate anchorage to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy;
b.
Construction with materials resistant to flood damage;
c.
Utilization of methods and practices that minimize flood damages;
d.
All electrical, heating, ventilation, plumbing, air-conditioning equipment, and other service facilities be designed and/or located so as to
prevent water from entering or accumulating within the components during conditions of flooding;
e.
New or replacement water supply systems and/or sanitary sewage systems be designed to minimize or eliminate infiltration of flood waters
into the systems and discharges from the systems into flood waters, and on-site waste disposal systems be located so as to avoid
impairment or contamination; and
f.
Subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, located within special
flood hazard areas are required to assure that:
1.
All such proposals are consistent with the need to minimize flood damage;
2.
All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate
flood damage;
3.
Adequate drainage is provided so as to reduce exposure to flood hazards; and
4.
All proposals for development, including proposals for manufactured home parks and subdivisions, of five (5) acres or fifty (50) lots,
whichever is lesser, include within such proposals base flood elevation data.
Storage, material, and equipment.
a.
The storage or processing of materials within the special flood hazard area that are in time of flooding buoyant, flammable, explosive, or
could be injurious to human, animal, or plant life is prohibited.
b.
Storage of other material or equipment may be allowed if not subject to major damage by floods, if firmly anchored to prevent flotation, or if
readily removable from the area within the time available after a flood warning.
Nonconforming use. A structure, or the use of a structure or premises that was lawful before the passage or amendment of the article, but
which is not in conformity with the provisions of this article, may be continued subject to the following conditions:
a.
b.
If such structure, use, or utility service is discontinued for twelve (12) consecutive months, any future use of the building shall conform to this
article.
If any nonconforming use or structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is more than fifty
(50) percent of the pre-damaged market value of the structure. This limitation does not include the cost of any alteration to comply with
existing state or local health, sanitary, building, safety codes, regulations or the cost of any alteration of a structure listed on the National
Register of Historic Places, the State Inventory of Historic Places, or local inventory of historic places upon determination.
(b)
Specific standards.
(1)
(c)
(e)
a.
Residential construction. New construction or substantial-improvement of any residential structures, including manufactured homes, shall
have the lowest floor, including basement, elevated to one (1) foot above base flood elevation.
b.
Non-residential construction. New construction or substantial improvement of any commercial, industrial, or other non-residential
structures, including manufactured homes, shall have the lowest floor, including basement, elevated to one (1) foot above the base flood
elevation or, together with attendant utility and sanitary facilities, be floodproofed so that below the base flood elevation the structure is
watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall certify that the standards
of this subsection are satisfied. Such certification shall be provided to the Floodplain Administrator as set forth in subsection 6-174(b)(9).
c.
Require, for all new construction and substantial-improvements that fully enclosed areas below lowest floor used solely for parking of
vehicles, building access, or storage in an area other than a basement and that are subject to flooding shall be designed to automatically
equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement
must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:
1.
A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject
to flooding shall be provided; and
2.
The bottom of all opening shall be no higher than one (1) foot above grade. Openings may be equipped with screens, louvers, valves, or
other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
Manufactured homes.
(1)
All manufactured homes to be placed within all unnumbered and numbered A zones and AE zones, on the city's FIRM shall be required to be
installed using methods and practices that minimize flood damage. For the purposes of this requirement, manufactured homes must be
elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of overthe-top or frame ties to ground anchors.
(2)
Require manufactured homes that are placed or substantially improved within unnumbered or numbered A zones and AE zones, on the city's
FIRM on sites:
(3)
(d)
In all areas identified as numbered and unnumbered A zones and AE zones, where base flood elevation data have been provided, as set forth in
section 6-173(a), the following provisions are required:
a.
Outside of manufactured home park or subdivision;
b.
In a new manufactured home park or subdivision;
c.
In an expansion to and existing manufactured home park or subdivision; or
d.
In an existing manufactured home park or subdivision on which a manufactured home has incurred substantial-damage as the result of a
flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to one (1) foot above the
base flood elevation and be securely attached to an adequately anchored foundation system to resist flotation, collapse, and lateral
movement.
Require that manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within
all unnumbered and numbered A zones and AE zones, on the city's FIRM, that are not subject to the provisions of subsection 6-175(c)(2) of this
article, be elevated so that either:
a.
The lowest floor of the manufactured home is at one (1) foot above the base flood level; or
b.
The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no
less than thirty-six (36) inches in height above grade and be securely attached to an adequately anchored foundation system to resist
flotation, collapse, and lateral movement.
Floodway. Located within areas of special flood hazard established in subsection 6-173(a) are areas designated as floodways. Since the floodway is an
extremely hazardous area due to the velocity of flood waters that carry debris and potential projectiles, the following provisions shall apply:
(1)
The city shall select and adopt a regulatory floodway based on the principle that the area chosen for the regulatory floodway must be designed
to carry the waters of the base flood without increasing the water surface elevation of that flood more than one (1) foot at any point.
(2)
The city shall prohibit any encroachments, including new construction, substantial-improvements, and other development within the adopted
regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard
engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the
occurrence of the base flood discharge.
(3)
If subsection 6-175(d)(2) is satisfied, all new construction and substantial-improvements shall comply with all applicable flood hazard reduction
provisions of section 6-175.
(4)
In unnumbered A zones, the community shall obtain, review, and reasonably utilize any base flood elevation or floodway data currently available
from federal, state, or other sources as set forth in subsection 6-175(a)(2).
Recreational vehicles.
(1)
Require that recreational vehicles placed on sites within all unnumbered and numbered A zones and AE zones on the city's FIRM either:
a.
Be on the site for fewer than one hundred eighty (180) consecutive days;
b.
Be fully licensed and ready for highway use; or
c.
Meet the permitting, elevation, and the anchoring requirements for manufactured homes of this article.
(Ord. No. 2711, § 1, 1-12-15)
DIVISION 4. - FLOODPLAIN MANAGEMENT VARIANCE PROCEDURES
Sec. 6-176. - Floodplain management variance procedures.
(a) Establishment of appeal board. The board of adjustment for the city shall hear and decide appeals and requests for variances from the floodplain
management requirements of this article.
(b)
Responsibility of the appeal board. Where an application for a floodplain development permit or request for a variance from the floodplain
management regulations is denied by the floodplain administrator, the applicant may apply for such floodplain development permit or variance
directly to the board of adjustment, as defined in subsection 6-176(a). The board of adjustment shall hear and decide appeals when it is alleged that
there is an error in any requirement, decision, or determination made by the floodplain administrator in the enforcement or administration of this
article.
(c)
Further appeals. Any person aggrieved by the decision of the board of adjustment or any taxpayer may appeal such decision to the St. Louis County
Circuit Court as provided in RSMo 89.110.
(d)
Floodplain management variance criteria. In passing upon such applications for variances, the board of adjustment shall consider all technical data
and evaluations, all relevant factors, standards specified in other sections of this article, and the following criteria:
(e)
(1)
The danger to life and property due to flood damage;
(2)
The danger that materials may be swept onto other lands to the injury of others;
(3)
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
(4)
The importance of the services provided by the proposed facility to the city;
(5)
The necessity to the facility of a waterfront location, where applicable;
(6)
The availability of alternative locations, not subject to flood damage, for the proposed use;
(7)
The compatibility of the proposed use with existing and anticipated development;
(8)
The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
(9)
The safety of access to the property in times of flood for ordinary and emergency vehicles;
(10)
The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters, if applicable, expected at the site; and,
(11)
The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and
facilities such as sewer, gas, electrical, and water systems; streets; and bridges.
Conditions for approving floodplain management variances.
(1)
Generally, variances may be issued for new construction and substantial-improvements to be erected on a lot of one-half (½) acre or less in size
contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing subsections (2) through (6)
below have been fully considered. As the lot size increases beyond the one-half (½) acre, the technical justification required for issuing the
variance increases.
(2)
Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places, the
State Inventory of Historic Places, or local inventory of historic places upon determination provided the proposed activity will not preclude the
structure's continued historic designation.
(3)
Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(4)
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(5)
Variances shall only be issued upon (a) a showing of good and sufficient cause, (b) a determination that failure to grant the variance would result
in exceptional hardship to the applicant, and (c) a determination that the granting of a variance will not result in increased flood heights,
additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with
existing local laws or ordinances.
(6)
The city shall notify the applicant in writing over the signature of a community official that (1) the issuance of a variance to construct a structure
below base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars ($25.00) for one
hundred dollars ($100.00) of insurance coverage and (2) such construction below the base flood level increases risks to life and property. Such
notification shall be maintained with the record of all variance actions as required by this article.
(Ord. No. 2711, § 1, 1-12-15)
Sec. 6-177. - Penalties for violation, issuance of summons, other remedies.
(a) Violation of the provisions of this article or failure to comply with any of its requirements (including violations of conditions and safeguards
established in connection with granting of variances) shall constitute a misdemeanor. Any person who violates this article or fails to comply with any
of its requirements shall, upon conviction thereof, be fined not more than one hundred dollars ($100.00), and in addition, shall pay all costs and
expenses involved in the case. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the
city or other appropriate authority from taking such other lawful action as is necessary to prevent or remedy any violation.
(b)
The floodplain administrator as designated in subsection 6-173(b) of this article, or his or her designee, is hereby authorized to issue a summons to
any person violating any of the terms of this article and thereafter such summons shall be prosecuted as all other violations of the Des Peres City
Code.
(Ord. No. 2008-236, § 5,0, 1-28-2008)
Sec. 6-178. - Amendments.
The regulations, restrictions, and boundaries set forth in this article may from time to time be amended, supplemented, changed, or appealed to
reflect any and all changes in the National Flood Disaster Protection Act of 1973, provided, however, that no such action may be taken until after a public
hearing in relation thereto, at which parties of interest and citizens shall have an opportunity to be heard. Notice of the time and place of such hearing
shall be published in a newspaper of general circulation in the city at least twenty (20) days shall elapse between the date of this publication and the
public hearing. A copy of such amendments will be provided to the Region VII office of the FEMA. The regulations of this article are in compliance with the
National Flood Insurance Program (NFIP) regulations.
(Ord. No. 2711, § 1, 1-12-15)
ARTICLE XII. - SWIMMING POOLS[10]
As used in this article, the following terms shall have the meanings indicated in this section:
Family pool: A swimming pool used or intended to be used solely by the owner, operator, or lessee thereof and his family, and by friends invited to
use it without payment of any fee.
Swimming pool: A body of water in an artificial or semiartificial receptacle or other container capable of holding water more than twenty-four (24)
inches in depth or having a surface area greater than two hundred fifty (250) square feet, whether located indoors or outdoors, used or intended to be
used for public, semipublic, or private swimming by adults or children, or both adults and children whether or not any charge or fee is imposed upon
adults or children, operated and maintained by any person as herein defined, whether he/she is an owner, lessee, operator, licensee or concessionaire,
and also all swimming pools operated and maintained in conjunction with or by clubs, and community associations.
(Code 1980, § 545.010(A), (B))
Sec. 6-247. - Enclosure.
(a) Every outdoor swimming pool or family pool shall be completely surrounded by a fence or wall not less than four (4) feet in height, which shall be so
constructed so as not to have openings, holes or gaps larger than four (4) inches in any dimension except for doors and gates; and if a picket fence is
erected or maintained, the horizontal openings shall not exceed four (4) inches. A dwelling house or accessory building may be used as part of such
enclosure.
(b)
All gates or doors opening through such enclosures shall be equipped with a self-closing and self-latching device for keeping the gate or door
securely closed at all times when not in actual use, except that the door or any dwelling which forms a part of the enclosure need not be so
equipped.
(c)
The director of public works may make modifications in individual cases upon a showing of good cause with respect to the height, nature of location
of the fence, wall, gates or latches, or the necessity therefor provided the protection as sought hereunder is not reduced thereby. The director of
public works may permit other protective devices or structures to be used so long as the degree of protection afforded by the substitute devices or
structures is not less than the protection afforded by the wall, fence, gate and latch designated herein. The director of public works shall allow a
reasonable period within which to comply with the requirements of this section.
(Code 1980, § 545.020)
Sec. 6-248. - Permitted size.
No outdoor swimming pool or family pool shall occupy an area exceeding thirty (30) percent of the area of a required rear yard. Such pool area shall
be determined by actual pool area for in-ground pools and by total area, including decks and accessory uses for aboveground pools.
(Code 1980, § 545.030)
Sec. 6-249. - Drainage.
All swimming pools installed after June 27, 1974 shall be constructed and equipped so that they do not drain onto the property of others.
(Code 1980, § 545.040)
Sec. 6-250. - Aboveground; regulations.
Aboveground swimming pools shall not extend more than four (4) feet above grade, except that such pools with decks may have a railing which does
not exceed an additional three (3) feet in height. All aboveground pools shall be screened from the view of surrounding property owners by a fence or
evergreen shrubs, or trees covering the perimeter of the pool. Such screening shall be approved by the director of public works of the city.
(Code 1980, § 545.050)
Sec. 6-251. - Noise; hours of operation.
(a) It shall be unlawful for any person to make, continue or cause to be made or continued at any swimming pool or family pool, any loud, unnecessary
or unusual noise or any noise which annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others. In the operation of
a swimming pool or a family pool, the use or permitting the use or operation of any radio, receiving set, musical instrument, phonograph or other
machine or device for producing or reproducing of sound in such a manner as to disturb the peace, quiet or comfort of the neighboring inhabitants
or at any time with a louder volume than is necessary for convenient hearing of the person or persons who are in the swimming pool or family pool
premises shall be unlawful.
(b)
It shall be unlawful for the owner, operator or lessee of a swimming pool, except a family pool and a subdivision pool, to permit such swimming pool
to be used for swimming, diving, or wading except between the hours of 8:00 a.m. and 10:00 p.m.
(Code 1980, § 545.055; Ord. No. 1157, § 1, 10-14-85)
Sec. 6-252. - Inspections.
The mayor is hereby authorized to enter into a contract with St. Louis County for the inspection and issuing of permits for the operation of swimming
pools within the city.
(Code 1980, § 545.060)
Sec. 6-253. - Annual permits.
Under the terms of the contract between the city and St. Louis County, mentioned in section 6-252, the health commissioner for the county will in
accordance with St. Louis County Revised Ordinance No. 5142, Chapter 604 and Chapter 608, issue such swimming pools an annual permit and prior to
the issuance of permits shall inspect such pools for the purpose of determining certain health requirements for the protection of the citizens of the city
using such establishments.
(Code 1980, § 545.070)
Sec. 6-254. - Fees.
Under the terms of the contract, mentioned in section 6-252, there will be an annual permit fee established for all commercial swimming pools. This
fee will be collected by the health commissioner of St. Louis County and will be distributed to the county and municipalities under the appropriate
schedule of one-third (1/3) to be returned to the municipalities and two-thirds (2/3) to be retained by the county.
(Code 1980, § 545.080)
ARTICLE XIII. - SIGNS
Sec. 6-255. - Fees.
No permits for installation of a sign under Chapter 410 of this Code shall be issued until all fees for said permit have been paid in accordance with
the following schedule:
(1)
Fee for review of Uniform Sign Standards for a multitenant building shall be fifty dollars ($50.00) or fifty dollars ($50.00) for each request for
revisions thereto.
(2)
Fee for erection of signs shall be twenty-five dollars ($25.00) for the first ten (10) square feet of sign area plus one dollar and fifty cents ($1.50)
for each additional square foot over ten (10) square feet of sign area.
(3)
The city hereby suspends collection of any such permit fees for outdoor advertising signs in excess of those fees permitted under section 89.320,
RSMo. 1997 for such time as the city may lawfully have in place regulations more stringent than those established under section 226.540, RSMo.
1997.
(Ord. No. 1530, § 3, 4-13-92; Ord. No. 1861, § 1, 9-8-97)
ARTICLE XIV. - STORMWATER POLLUTION CONTROL[11]
Sec. 6-301. - Introduction; purpose.
During the construction process, soil is highly vulnerable to erosion by wind and water. Eroded soil endangers water resources by reducing water
quality and causing the siltation of aquatic habitat for fish and other desirable species. Deposits of eroded soil also necessitate maintenance of sewers
and ditches and the dredging of lakes. In addition, clearing and grading during construction cause the loss of native vegetation necessary for terrestrial
and aquatic habitat. Construction activities also utilize materials and generate wastes, which if not properly controlled can pollute receiving waters.
The purpose of this article is to safeguard persons, protect property, and prevent damage to the environment in the city. This article will also
promote the public welfare by guiding, regulating, and controlling the design, construction, use, and maintenance of any development or other activity
that disturbs or breaks the topsoil or results in the movement of earth on land in the city.
(Ord. No. 2260, § 1, 11-10-03)
For the purposes of this article, the following terms, phrases, words, and their derivations shall have the meanings given herein.
Best management practices or BMPs: Practices, procedures or a schedule of activities to reduce the amount of sediment and other pollutants in
stormwater discharges associated with construction and land disturbance activities.
Clearing: Any activity that substantially removes the vegetative surface cover.
Construction or land disturbance site or site: A parcel of land or a contiguous combination thereof, where grading work is performed as part of a single
unified plan of development.
Drainage way: Any channel that conveys surface runoff through a site.
Erosion: The wearing away of land surface through the action of wind or water.
Erosion control: Any BMP that prevents or minimizes erosion.
Grading: Reshaping the ground surface through excavation and/or fill of material, including the resulting conditions.
Land disturbance activities: Any activity such as clearing, grading or any other action which results in removal of the natural site vegetation and
destruction of the root zone or otherwise results in leaving the ground surface exposed to soil erosion through the action of wind or water.
Perimeter control: A barrier that prevents sediment from leaving a site by filtering sediment-laden runoff or diverting it to a sediment trap or basin.
Phasing: Clearing a parcel of land in distinct phases, with the stabilization of each phase substantially completed before the clearing of the next.
Runoff coefficient: The fraction of total rainfall that will appear at the outfalls from a site.
Sediment control: Any BMP that prevents eroded sediment from leaving a site.
Site disturbance permit: A permit issued by Des Peres Department of Public Works authorizing disturbance of the land at a specific site subject to
conditions stated in the permit.
Stabilization: The use of BMPs that prevent exposed soil from eroding including improvements and structures for the control of erosion, runoff, and
grading.
Start of construction: The first land-disturbing activity associated with a development, including land preparation such as clearing, grading, and filling;
installation of streets and walkways; excavation for basements, footings, piers, or foundations; erection of temporary forms; and installation of accessory
buildings such as garages.
Stormwater pollution prevention plan (SWPPP): A management plan, the purpose of which is to ensure the design, implementation, management and
maintenance of BMPs in order to reduce the amount of sediment and other pollutants in stormwater discharges associated with land disturbance
activities, comply with the standards of the city and ensure compliance with the terms and conditions of the applicable state permits, including adherence
to the land disturbance program contained in the state issued MS4 NPDES permit.
Water course: A natural or artificial channel or body of water, including, but not limited to lakes, ponds, rivers, streams, ditches and other open
conveyances that carry surface runoff water either continuously or intermittently.
(Ord. No. 2260, § 1, 11-10-03)
DIVISION 2. - ADMINISTRATION
Sec. 6-311. - Permits required.
(a) Any person who intends to conduct any land disturbance activity that will disturb forty-three thousand five hundred sixty (43,560) or more square
feet must obtain a site disturbance permit from the city.
(b)
(c)
Any person who buys a lot for construction from a person who has been issued a permit under subsection (a) above (unless purchased for the
purpose of building their own private residence) must obtain a separate site disturbance permit from the city unless the original permittee retains
responsibility for the land disturbance activities on the sold lot.
Site disturbance permits are not required for the following activities:
(1)
Any emergency activity that is immediately necessary for the protection of life, property, or natural resources.
(2)
Existing nursery and agricultural operations conducted as a permitted main or accessory use.
(d)
Each permit application shall bear the name(s) and address(es) of the owner and developer of the site, and of any consulting firm retained by the
applicant together with the name of the applicant's principal contact at such firm and shall be accompanied by a filing fee. The fees shall be fifty
dollars ($50.00) for disturbances of two (2) acres or less, one hundred dollars ($100.00) for disturbances of two (2) to five (5) acres, one hundred fifty
dollars ($150.00) for disturbances of five (5) to ten (10) acres, and two hundred dollars ($200.00) for sites over ten (10) acres in size.
(e)
Each permit application shall be accompanied by a stormwater pollution prevention plan, prepared for the specific site by or under the direction of a
qualified professional, and a statement that any land clearing, construction, or development involving the movement of earth shall be in accordance
with the stormwater pollution prevention plan.
(f)
The permit applicant will be required to file with the city a cash deposit in an amount deemed sufficient by the city to cover all costs of
improvements, landscaping, maintenance of stabilization or sediment control improvements for such period as specified by the city, and engineering
and inspection costs to cover the cost of failure or repair of improvements installed on the site. Such deposit shall be a minimum of one thousand
dollars ($1,000.00) and a maximum of twenty-five thousand dollars ($25,000.00).
(g)
The permit applicant will be required to obtain a land disturbance permit issued by the Missouri Department of Natural Resources for any site where
one (1) acre or more of land will be disturbed, before beginning any site work authorized by a city permit. This requirement applies to sites of less
than one (1) acre that are part of a larger common plan that will ultimately disturb one (1) acre or more.
(Ord. No. 2260, § 1, 11-10-03)
DIVISION 3. - PROVISIONS FOR STORMWATER POLLUTION CONTROL
Sec. 6-322. - Stormwater pollution prevention plan (SWPPP).
(a) The design requirements in section 6-323 shall be taken into consideration when developing the stormwater pollution prevention plan and the plan
shall include the following:
(1)
Name, address and telephone number of the site owner and the name, address and telephone number of the individual who will, overall, be
responsible and in charge of construction/development activities at the site.
(2)
Site address or location description.
(3)
A site map showing the outlines of the total project area, the areas to be disturbed, existing land uses, locations and names of surface water
bodies, locations of temporary and permanent BMPS and such other information as the city may require.
(4)
Existing contours of the site and adjoining strips of off-site property and proposed contours after completion of the proposed grading and
development, based on United States Geological Survey datum, with established elevations at buildings, walks, drives, street and roads; and
information on necessary clearing and grubbing, removal of existing structures, excavating, filling, spreading and compacting.
(5)
A natural resources map identifying soils, forest cover, and resources protected under other chapters of the city's Code of Ordinances.
(6)
An estimate of the runoff coefficient of the site prior to disturbance and the runoff coefficient after the construction addressed in the permit
application is completed.
(7)
Estimated grading quantity.
(8)
Details of the site drainage pattern both before and after major grading activities.
(9)
Construction access to site.
(10)
(11)
(b)
(c)
Description of BMPs to be utilized to control erosion and sedimentation during the period of land disturbance.
Description of BMPs to be utilized to prevent other potential pollutants such as construction wastes, toxic or hazardous substances, petroleum
products, pesticides, herbicides, site litter, sanitary wastes and other pollutants from entering the natural drainage ways during the period of
construction and land disturbance.
(12)
Description of BMPs that will be installed during land disturbance to control pollutants in stormwater discharges that will occur after land
disturbance activity has been completed.
(13)
Location of temporary off-street parking, and wash down area for related vehicles.
(14)
Sources of off-site borrow material or spoil sites, and all information relative to haul routes, trucks and equipment.
(15)
The anticipated sequence of construction and land disturbance activities, including installation of BMPS, removal of temporary BMPs, stripping
and clearing; rough grading; construction of utilities, infrastructure, and buildings; and final grading and landscaping. Sequencing shall identify
the expected date(s) on which clearing will begin, the estimated duration of exposure of cleared areas, areas of clearing, installation of
temporary erosion and sediment control measures, and establishment of permanent vegetation.
(16)
All erosion and sediment control measures necessary to meet the objectives of this article throughout all phases of construction and after
completion of site development. Depending upon the complexity of the project, the drafting of intermediate plans may be required at the close
of each season.
(17)
Seeding mixtures and rates, types of sod, method of seedbed preparation, expected seeding dates, type and rate of lime and fertilizer
application, and kind and quantity of mulching for both temporary and permanent vegetative control measures.
(18)
Provisions for maintenance of control facilities, including easements and estimates of the cost of maintenance.
(19)
Plans for responding to any loss of contained sediment to include the immediate actions the permittee will take in case of a containment
failure. This plan must include documentation of actions and mandatory reporting to the department of public works.
(20)
Schedules and procedures for routine inspections of any structures provided to prevent pollution of stormwater or to remove pollutants from
stormwater and of the site in general to ensure all BMPs are continually implemented and are effective.
The permittee shall amend the stormwater pollution prevention plan whenever:
(1)
Design, operation or maintenance of BMPs is changed;
(2)
Design of the construction project is changed that could significantly affect the quality of the stormwater discharges;
(3)
Site operator's inspections indicate deficiencies in the SWPPP or any BMP;
(4)
Inspections by the city or by the Missouri Department of Natural Resources indicate deficiencies in the SWPPP or any BMP;
(5)
The SWPPP is determined to be ineffective in significantly minimizing or controlling erosion or excessive sediment deposits in streams or lakes;
(6)
The SWPPP is determined to be ineffective in preventing pollution of waterways from construction wastes, chemicals, fueling facilities, concrete
truck washouts, toxic or hazardous materials, site litter or other substances or wastes likely to have an adverse impact on water quality;
(7)
Total settleable solids from a stormwater outfall exceed 0.5 ml/L/hr if the discharge is within the prescribed proximity of a "Valuable Resource
Water" as defined by the MDNR;
(8)
Total settleable solids from a stormwater outfall exceeds 2.5 ml/L/hr for any other outfall; or
(9)
The city or the Missouri Department of Natural Resources determines violations of water quality standards may occur or have occurred.
The permittee shall:
(1)
Notify all contractors and other entities (including utility crews, city employees, or their agents) that will perform work at the site, of the existence
of the SWPPP and what actions or precautions shall be taken while on site to minimize the potential for erosion and the potential for damaging
any BMP;
(2)
Determine the need for and establish training programs to ensure that all site workers have been trained, at a minimum, in erosion control,
material handling and storage, and housekeeping; and
(3)
Provide copies of the SWPPP to all parties who are responsible for installation, operation or maintenance of any BMP.
(4)
Maintain a current copy of the SWPPP on the site at all times.
(Ord. No. 2260, § 1, 11-10-03)
Sec. 6-323. - Design requirements.
(a) Grading, erosion control practices, sediment control practices, and water course crossings shall be adequate to prevent transportation of sediment
from the site to the satisfaction of the department of public works.
(b)
(c)
Cut and fill slopes shall be no greater than three to one (3:1), except as approved by the department of public works to meet other community or
environmental objectives.
Clearing and grading of natural resources, such as forests and wetlands, shall not be permitted, except when in compliance with all other sections of
the city's Code of Ordinances.
(d)
Clearing techniques that retain existing vegetation to the maximum extent practicable shall be used and the time period for disturbed areas to be
without vegetative cover shall be minimized to the extent practical, to the satisfaction of the department of public works.
(e)
Clearing, except that necessary to establish sediment control devices, shall not begin until all sediment control devices have been installed and have
been stabilized.
(f)
Phasing shall be required on all sites disturbing greater than twenty (20) acres, with the size of each phase to be established at plan review and as
approved by the department of public works.
(g)
Erosion control requirements shall include the following:
(h)
(i)
(j)
(k)
(1)
Soil stabilization shall be completed within five (5) days of clearing or inactivity in construction.
(2)
If seeding or another vegetative erosion control method is used, it shall become established within two (2) weeks or the department of public
works may require the site to be reseeded or a non-vegetative option employed.
(3)
Techniques shall be employed to ensure stabilization on steep slopes and in drainage ways.
(4)
Soil stockpiles must be stabilized or covered at the end of each workday.
(5)
The entire site must be stabilized, using a heavy mulch layer or another method that does not require germination to control erosion, at the
close of the construction season or within the total time allowed for the permit which shall be three (3) months.
(6)
Techniques shall be employed to prevent the blowing of dust or sediment from the site.
(7)
Techniques shall be employed to divert upland runoff past disturbed slopes.
Sediment control requirements shall include:
(1)
Settling basins, sediment traps, or tanks and perimeter controls.
(2)
Settling basins shall be provided for each drainage area with ten (10) or more acres disturbed at one time and shall be sized to contain one half
(0.5) inch of sediment from the drainage area and be able to contain a two-year, 24-hour storm. If the provision of a basin of this size is
impractical, other similarly effective BMPs, as evaluated and specified the SWPPP, shall be provided.
(3)
Settling basins shall be designed in a manner that allows adaptation to provide long-term stormwater management, as required by the
department of public works.
(4)
Settling basins shall have stabilized spillways to minimize the potential for erosion of the spillway or basin embankment.
(5)
Protection for adjacent properties by the use of a vegetated buffer strip in combination with perimeter controls.
Watercourse protection requirements shall include:
(1)
Encroachment into or crossings of active water courses/riparian areas and wetlands shall be avoided to the maximum extent practicable. Where
applicable, all local, state and federal permits and approvals shall be provided to the department of public works prior to the issuance of a site
disturbance permit.
(2)
Stabilization of any watercourse channels before, during, and after any in-channel work.
(3)
If a defined watercourse is to be re-aligned or reconfigured, clearing and grubbing activities within fifty (50) feet of the watercourse shall not
begin until all materials and equipment necessary to protect the watercourse and complete the work are on site. Once started, work shall be
completed as soon as possible. Areas within fifty (50) feet of the watercourse shall be re-contoured and re-vegetated, seeded or otherwise
protected within five (5) working days after grading has ceased.
(4)
All stormwater conveyances shall be designed according to the criteria of the Metropolitan St. Louis Sewer District (MSD) and the necessary MSD
permits obtained.
(5)
Stabilization adequate to prevent erosion shall be provided at the outlets of all pipes and paved channels.
Construction site access requirements shall include:
(1)
A temporary access road provided at all sites including a wash-down area supporting all active sites,
(2)
Other measures required by department of public works in order to ensure that sediment is not tracked onto public streets by construction
vehicles or washed with wash effluent channeled directly into storm drains.
Control requirements for construction materials, construction wastes and other wastes generated on site shall include provisions, satisfactory to the
department of public works, for:
(1)
Spill prevention and control facilities for materials such as paint, solvents, petroleum products, chemicals, toxic or hazardous substances,
substances regulated under the Resource Conservation and Recovery Act (RCRA) or the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA), and any wastes generated from the use of such materials and substances, including their containers.
Any containment systems employed to meet this requirement shall be constructed of materials compatible with the substances contained and
shall be adequate to protect both surface and ground water.
(2)
Collection and disposal of discarded building materials and other construction site wastes, including those listed in subsection I.1 of this section
relating to watercourse protection.
(3)
Litter control.
(4)
Control of concrete truck washouts.
(5)
Assurance that on-site fueling facilities will adhere to applicable federal and state regulations concerning storage and dispensers.
(6)
Provision of sufficient temporary toilet facilities to serve the number of workers on site.
(Ord. No. 2260, § 1, 11-10-03)
Sec. 6-324. - Inspections.
(a)
(b)
The department of public works shall make inspections as hereinafter required and either shall approve that portion of the work completed or shall
notify the permittee wherein the work fails to comply with the Grading, Erosion and Sediment Control Plan as approved. Plans for grading, stripping,
excavating, and filling work bearing the stamp of approval of the department of public works shall be maintained at the site during the progress of
the work. To obtain inspections, the permittee shall notify the department of public works at least two (2) working days before the following:
(1)
Start of construction.
(2)
Installation of sediment and erosion measures.
(3)
Completion of site clearing.
(4)
Completion of rough grading.
(5)
Completion of final grading.
(6)
Close of the construction season.
(7)
Completion of final landscaping.
The permittee or his/her agent shall make regular inspections of the land disturbance site, including all erosion and sediment and other pollutant
control measures, outfalls and off-site receiving waters in accordance with the inspection schedule outlined in the approved SWPPP. Inspections
must be scheduled at least once per week and no later than seventy-two (72) hours after heavy rain. The purpose of such inspections will be to
ensure proper installation, operation and maintenance of BMPs and to determine the overall effectiveness of the SWPPP and the need for additional
control measures. All inspections shall be documented in written form on weekly reports with copies submitted to the department of public works at
the time interval specified in the permit. The inspection reports are to include the following minimum information:
(1)
Inspector's name and signature;
(2)
Date of inspection;
(3)
Observations relative to the effectiveness of the BMPs;
(4)
Actions taken or necessary to correct deficiencies; and
(5)
A listing of areas where land disturbance operations have permanently or temporarily stopped.
In addition, the permittee shall notify the site contractor(s) responsible for any deficiencies identified so that deficiencies can be corrected within seven (7)
calendar days of the weekly inspection report.
(c)
The department of public works shall make inspections as deemed necessary to ensure the validity of the reports filed under subsection (b) or to
otherwise ensure proper installation, operation and maintenance of stormwater BMPs and to determine the overall effectiveness of the SWPPP and
the need for additional control measures.
(Ord. No. 2260, § 1, 11-10-03)
(a) Stop-work order; revocation of permit. In the event that any person holding a site disturbance permit pursuant to this article violates the terms of the
permit or implements site development in such a manner as to materially adversely affect the health, welfare, or safety of persons residing or
working in the neighborhood or development site so as to be materially detrimental to the public welfare or injurious to property or improvements in
the neighborhood, the department of public works may suspend or revoke the site disturbance permit.
(b)
Violation and penalties. No person shall construct, enlarge, alter, repair, or maintain any grading, excavation, or fill, or cause the same to be done,
contrary to or in violation of any terms of this article. Any person violating any of the provisions of this article shall be deemed guilty of a
misdemeanor and each day during which any violation of any of the provisions of this article is committed, continued, or permitted, shall constitute a
separate offense. Upon conviction of any such violation, such person, partnership, or corporation shall be punished by a fine of not more than one
thousand dollars ($1,000.00) per day for each offense. In addition to any other penalty authorized by this section, any person, partnership, or
corporation convicted of violating any of the provisions of this article shall be required to bear the expense of remediation of any damage caused
thereby and restoration of BMP's required for the site.
(c)
Project closure requirements. Any site development escrows or bonds will not be fully released to the site operator or permittee until all of the
following have been completed:
(1)
The site has been fully stabilized and all temporary stormwater control BMP's have been removed.
(2)
All permanent stormwater control BMPs have been completed
(3)
All final inspections/certifications have been completed by each of the governmental jurisdictions involved in authorizing the project.
(Ord. No. 2260, § 1, 11-10-03)
Chapter 7 - CIVIL DEFENSE[1]
Sec. 7-1. - Agency—Created.
(a) There is hereby created the municipal civil defense agency of the city for the preparation and carrying out of all the emergency functions other than
functions for which the military forces are primarily responsible, to minimize and repair injury and damage resulting from enemy attack or other
common disaster, in accordance with the provisions hereof and of chapter 44 of the Revised Statutes of Missouri.
(b)
The municipal civil defense agency shall perform such functions as are herein prescribed and as may be authorized by the state civil defense plan
and such orders, rules and regulations as may be promulgated by the governor, and in addition, shall perform such duties outside the corporate
limits of the city as may be required pursuant to any mutual aid agreement with any other political subdivision.
(Code 1980, § 250.010)
Sec. 7-2. - Same—Creation of divisions.
In addition to the director of civil defense, as hereinafter provided, the following divisions are created and constituted as part of the municipal civil
defense agency, to-wit:
(1)
The division of operating services;
(2)
The division of special services.
(Code 1980, § 250.050)
Sec. 7-3. - Same—Duties and responsibilities of division of operating services.
(a) At the head of the division of operating services shall be a deputy director of civil defense, who shall be appointed by and be directly responsible to
the director of civil defense. This division shall be comprised of the following services:
(1)
(2)
(3)
(4)
(5)
(6)
Health and medical service, including special weapons defense, which shall be responsible for:
a.
First-aid and ambulance services, including the establishment of a system of first-aid stations, the maintenance of emergency equipment in
fringe area hospitals and other storage places, the initiation of emergency life-saving measures, the screening of casualties, the maintenance
of ambulance stations, and of adequate ambulance dispatching service;
b.
The establishment of emergency hospital systems, the storage of necessary hospital and medical supplies, provisions for emergency
operation of hospitals in the event of failure of normal supplies of water, electricity, gas or other facilities;
c.
Provision of casualty services, including the maintenance of surgical teams and the preparation of plans for emergency treatment of
casualties;
d.
Provision for a system of distribution of health supplies, including drugs, chemicals, instruments, equipment and other needed stocks;
e.
Blood services including donor recruitment, procurement, storage process, coordination with the American National Red Cross, and
preparation of plans for the transportation, distribution and transfusion of blood and blood derivatives;
f.
Laboratory services which may be required in times of emergency;
g.
Sanitation services, including the safe treatment of temporary emergency water supplies, food sanitation inspection, plans to prevent the
contamination of milk supplies, maintenance or restoration of sanitation standards in the disposal of sewage and solid waste, regulation of
sanitation in shelters and emergency quarters, decontamination measures respecting atomic, biological or chemical warfare, and plans for
the control of rodents and insects which carry diseases or which threaten to contaminate food and food supplies;
h.
Nutrition services, including consideration of emergency diets, food priority systems, milk rationing and other measures necessary for
conserving food during emergency periods;
i.
Medical services, including plans to continue the care of those who were ill preceding emergencies, such as industrial health services, mental
health services, obstetrical services, pediatric services and similar emergency health services;
j.
Provision of veterinary services, including the protection of animals, plans for the problems created by pets, by animals in zoos and similar
institutions;
k.
Maintenance of records, including the preparation of uniform records for all injured, ill persons and fatalities;
l.
Morgue services, including provision for identification facilities, prompt removal of the dead from damaged area, establishment of
temporary morgues, preparation of the dead for burial, and plans for the notification of relations; and
m.
Training of health personnel, including training for defenses against special weapons, including radiological, biological and chemical
monitoring services.
Emergency welfare service, which shall be responsible for:
a.
Registration and the maintenance of information concerning affected civilians, separated families, homeless persons, the answering of
inquiries concerning the welfare of individuals and families, and the establishment of centers which will correlate registration and
information services;
b.
Mass feeding of all civilian evacuees from disaster areas, and establishment of emergency shelter facilities, the inventory of facilities,
equipment, supplies available and required for mass feeding and shelter;
c.
The provision of emergency housing for the homeless; and the establishment of rest centers and assembly areas;
d.
The provision of emergency clothing;
e.
The provision of welfare services in reception areas, including the selection of homes, placement of evacuees, cooperation with health and
medical services, investigation of employment opportunities and the organization of special community facilities; and
f.
The feeding of civil defense workers on the job.
Fire service, which shall be responsible for the preparation of plans for the dispersal of firefighting companies from congested areas to outlying
points, the study of housing facilities for fire departments in such outlying areas, an inventory of fire apparatus and equipment, the planning for
needed equipment, in times of emergency over and above normal standards, the establishment of fire prevention bureaus, the maintenance of
adequate communications facilities for the reporting of fires and the maintenance of liaison with civil defense control headquarters and with
mobile fire units; the development of secondary water supplies, the provision of a fire guard service which can cope with small fires, the
preparation of necessary plans for the protection of wooded areas in rural districts and the training of additional fire personnel, including
volunteers and fire guard groups.
Law enforcement service which shall be responsible for:
a.
The recruitment and training of volunteer and auxiliary personnel so as to be able to cope with panic situations, prevention of looting,
enforcement of civil defense regulations and reconnaissance of unexploded bombs;
b.
The maintenance of an adequate police communications system;
c.
The preparation of special regulations concerning control of traffic and the establishment of routes through urban centers and the keeping
of thoroughfares free for necessary civilian and military movements.
Plant protection service which shall be responsible for the preparation of adequate plant protection programs in cooperation with the owners and
operators of industries.
Warden service which shall be responsible for:
a.
The administration and leadership in organized self-protection including training of individuals and groups in self-protection including
training of the public in civil defense regulations and the dispensing of information regarding civil defense developments;
(7)
(8)
(b)
b.
The organization of self-protection forces in areas stricken by emergencies;
c.
The gathering of data and information on occupants of buildings, businesses, facilities, physical features and equipment;
d.
Assistance of the law enforcement service in the location of unexploded bombs; and
e.
Assistance of mobile teams at the scenes of disasters.
Engineering service which shall be responsible for:
a.
In times prior to the occurrence of an emergency the preparations of precautionary measures to safeguard water, gas, electricity and food
supplies, application of protective design standards, assistance in the organization, training, equipping and operation of the rescue service,
control of illumination and other related civil defense measures;
b.
During emergency periods assistance in the rescue service, clearance of debris, demolition of structures to help in the rescue service,
creation of fire breaks, and removal of hazards, and construction and repair of essential facilities;
c.
The maintenance and distribution of supplies, tools, and materials necessary in carrying out its responsibilities and cooperation with other
services in specific responsibilities requiring engineering activities;
d.
The maintenance of an adequate rescue service and the training of personnel to operate such service; and
e.
The provision of emergency shelter facilities.
Civil air raid warning service which shall be responsible for the dissemination of air raid warning information to the general public and the
maintenance of necessary communication facilities with higher civil defense authorities and organizations.
The director of civil defense shall appoint a chief of each of the above-enumerated services except that the public safety director shall be chief of the
fire services and the law enforcement service, and the city engineer shall be the chief of the engineering service.
(Code 1980, § 250.060)
Sec. 7-4. - Duties and responsibilities of division of special services.
(a) The division of special services shall be under the direction of a deputy director of civil defense to be appointed by the director. Such deputy shall be
directly responsible to the director. The division of special services shall be comprised of the following services:
(1)
(2)
(3)
(4)
(b)
Mutual aid and mobile support service which shall be responsible for:
a.
The examination of the need for mutual aid agreements;
b.
The testing of existing agreements;
c.
The establishment of mobile support forces as provided for in chapter 44 of the Revised Statutes of Missouri, which can be dispatched as
directed, to other areas requiring civil defense services in times of emergency; and
d.
The training and organization of all mutual aid forces so as to enable speedy assembly and dispatch in times of emergency.
Evacuation service which shall be responsible for:
a.
The effective evacuation of all persons in prescribed areas when so ordered by the director of civil defense;
b.
The preparation of instructions concerning evacuation procedures;
c.
Coordination with military authorities on use of routes and reception areas; and
d.
Coordination with other civil defense agencies concerning transportation, mass care and emergency services and coordination of the
evacuation plan with all other services of the civil defense organization.
Transportation service which shall be responsible for:
a.
The development of plans for the orderly and efficient removal of personnel, supplies and equipment as may be directed;
b.
The survey of transportation facilities which will enable the efficient movement of personnel and equipment under emergency conditions;
c.
Coordination of transportation plans with other services concerned;
d.
The establishment of adequate communications and control facilities;
e.
And the training of personnel and the public in all phases of the civil defense transportation plan in order that the residents of the city may
understand and cooperate to the fullest degree.
Communications service which shall be responsible for:
a.
The coordination of all types and forms of communication, including telephone, telegraph, radio, television, teletype, messenger service and
other emergency communications;
b.
The maintenance and establishment of centers of communication for use by the civil defense organization;
c.
Cooperation with the air raid warning and other services and with all civil defense organizations concerned;
d.
The utilization of the various communication media for the provision of information to the public;
e.
The coordination of the activities of amateur radio operators, radio stations and other facilities through which the public might be contacted;
and
f.
The preparation of adequate measures to ensure the preservation of security so as to prevent the disclosure of essential information to an
enemy.
The director of civil defense shall appoint a chief of each of the above-enumerated services.
(Code 1980, § 250.070)
Sec. 7-5. - Director—Powers and duties generally.
The office of director of civil defense is hereby created. The director shall be appointed by the mayor, and shall serve until removed by the same. The
director shall be directly responsible for the organization, administration and operation of the municipal defense agency subject to the direction and
control of the board of aldermen as provided by this chapter. The director shall appoint, provide without compensation, or remove, air raid wardens,
rescue teams, auxiliary fire and police personnel and other civil defense teams, units or personnel; provided, however the appointment of any auxiliary
fire or police, personnel shall be subject to the approval of the director of public safety. In the event of the absence or inability to serve of the director, the
mayor or any person designated by him/her shall act as director.
(Code 1980, § 250.020)
Sec. 7-6. - Same—Duties re mutual aid agreements.
The director shall carry out all arrangements or agreements for reciprocal mutual aid of which the municipal civil defense agency of the city may be a
party.
(Code 1980, § 250.030)
Sec. 7-7. - Declaration of emergency.
Whenever the mayor or the senior surviving member of the board of aldermen shall find that an emergency of the character referred to in section 71 exists, he/she is empowered to proclaim the existence of such emergency. Upon the issuance of such proclamation, the civil defense plan herein
provided shall be come operationally effective. In the event of an emergency, as defined in section 44.010(4) of the Revised Statutes of Missouri, the
director of civil defense is authorized, on behalf of the city, to procure such services, supplies, equipment or material as may be necessary for such
purposes, in view of the emergency, without regard to the statutory procedures or formalities normally prescribed by law pertaining to municipal
contracts or obligations, as authorized by chapter 44 of the Revised Statutes of Missouri; provided that, if the board of aldermen meets at such time,
he/she shall act subject to the directions and restrictions imposed by that body.
(Code 1980, § 250.040)
Sec. 7-8. - Transfer of functions.
The director may, by order, transfer between the services any of the functions hereinbefore set out. He/she may also, by order when he/she shall
deem it necessary to the proper functioning of the plan for civil defense, establish additional services and transfer to such additional services any of the
functions hereinbefore set out.
(Code 1980, § 250.080)
Sec. 7-9. - City officers and employees.
Any member of the municipal civil defense agency who is a municipal employee or officer while serving on call to duty by the governor, or the state
or municipal director of defense, shall receive the compensation and have the powers, duties, rights, and immunities incident to such employment or
office.
(Code 1980, § 250.090)
Sec. 7-10. - Oath.
Every person appointed to serve in any capacity in the municipal civil defense agency shall, before entering upon his/her duties, subscribe to the
following oath, which shall be filed with the directors:
"I, ____________, do solemnly swear (or affirm) that I will support and defend and bear true faith and allegiance to the constitution of the United
States and the constitution of the State of Missouri, and the territory, foreign and domestic; that I take this obligation freely and without any mental
reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. And I do further swear (or
affirm) that I do not advocate, nor am I, nor have I been, a member of any political party or organization that advocates the overthrow of the
Government of the United States or the State of Missouri by force or violence; and that during such times as I am affiliated with the municipal civil
defense agency, I will not advocate nor become a member of any political party or organization that advocates the overthrow of the government of
the United States or of this state by force or violence."
(Code 1980, § 250.100)
Sec. 7-11. - Lights during blackouts declared public nuisance.
Any light displayed contrary to any order, rule or regulation promulgated pursuant to the provisions of this chapter constitutes a public nuisance and
when deemed necessary in order to protect life or property during blackouts or air raids, the police are authorized and directed to enter upon any
premises within the city, using reasonable force, and extinguish lights or take other necessary action to make effective any order, rule or regulation
promulgated under the authority conferred by this chapter.
(Code 1980, § 250.110)
Sec. 7-12. - Unauthorized warning or all clear signals prohibited.
Any unauthorized person who shall operate a siren or other device so as to simulate a blackout signal or air raid, or the termination of a blackout or
air raid shall be guilty of a violation of this chapter and shall be subject to the penalties imposed by this chapter.
(Code 1980, § 250.120)
Sec. 7-13. - No conflict with state or federal statutes.
This chapter shall not be construed so as to conflict with any state or federal statute or with any military or naval order, rule or regulation.
(Code 1980, § 250.130)
Sec. 7-14. - No municipal or private liability.
This chapter is an exercise by the city of its governmental functions for the protection of the public peace, health and safety and neither the city, the
agents and representatives of this city, or any individual, receiver, firm, partnership, corporation, association, or trustee, or any of the agents thereof, in
good faith carrying out, complying with or attempting to comply with, any order, rule or regulation promulgated pursuant to the provisions of this chapter
shall be liable for any damage sustained to persons or property as the result of such activity. Any person owning or controlling real estate or other
premises who voluntarily and without compensation grants to the city a license or privilege, or otherwise permits the city, to inspect, designate and use
the whole or part of parts of such real estate or premises for the purpose of sheltering persons during an actual impending or practice enemy attack
shall, together with his successors in interest, if any, not be civilly liable for the death of, or injury to, any person on or about such real estate or premises
under such license, privilege or other permission or for loss of, or damage to, the property of such person.
(Code 1980, § 250.140)
Sec. 7-15. - Expenses.
No person shall have the right to expend any public funds of the city in carrying out any civil defense activity authorized by this chapter without prior
approval by the board of aldermen, nor shall any person have any right to bind the city by contract, agreement or otherwise without prior and specific
approval of the board of aldermen.
(Code 1980, § 250.150)
Sec. 7-16. - Violations; penalties.
It shall be unlawful for any person wilfully to obstruct, hinder or delay any member of the civil defense organization in the enforcement of, any rule
or regulation issued pursuant to this chapter, or to do any act forbidden by any rule or regulation issued pursuant to the authority contained in this
chapter. It shall likewise be unlawful for any person to wear, carry or display any emblem, insignia or any other means of identification as a member of
the civil defense organization of the city unless authority to do so has been granted to such person by the proper officials. Convictions for violations of
the provisions of this chapter shall be punishable as provided in section 1-10 of this Code.
(Code 1980, § 250.160)
Chapter 8 - ELECTIONS[1]
Sec. 8-1. - Board of election commissioners to govern elections.
The board of election commissioners shall govern elections under this chapter pursuant to state law.
Sec. 8-2. - Elective city officers.
Elective officers of the city shall consist of the mayor, aldermen, and the municipal judge. The mayor and the municipal judge shall be elected at large
in the city as a whole. Aldermen shall be elected within prospective wards as herein provided and as provided in the laws of the state. No person shall be
an elective officer unless he/she is a citizen of the United States and an inhabitant and resident of the city for one (1) year, next preceding his/her election.
(Code 1980, § 120.010; Ord. No. 1408, § 3, 9-25-89)
Sec. 8-3. - When held.
Municipal elections shall be held annually on the general municipal election day, as provided by state law.
(Code 1980, § 120.020; Ord. No. 1849, § 1, 8-11-97)
Sec. 8-4. - Declaration of candidacy and filing procedures.
(a) Any person declaring to become a candidate for elective office in the city shall be required to file a declaration of candidacy, in person and on forms
provided by the city for that purpose, with the city clerk no earlier than 8:00 a.m. on the fifteenth Tuesday prior to the election and prior to 5:00 p.m.
on the eleventh Tuesday prior to the election. Except, as otherwise prescribed by law, declaration of candidacy shall be accepted by the city only
during regularly scheduled office hours.
(b)
(c)
The above-mentioned notice of candidacy shall contain the following information:
(1)
The name of the person filing the notice of candidacy, the name to be given exactly as it is to appear on the ballot. No title or degree may be
shown on the ballot such as Dr., Esq., L.L.B. PHD., Col., or so forth, but nicknames may be indicated between the candidate's first and last names.
(2)
The home address of the candidate.
(3)
The name of the office for which the candidate is seeking election.
(4)
The date on which the candidate established residence in the city.
(5)
The age of the candidate.
The declaration of candidacy forms shall be available to the public at city hall throughout the year and shall be in the following form:
DECLARATION OF CANDIDACY FOR ELECTIVE OFFICE
CITY OF DES PERES
Candidate's Name _____
(your name will appear on ballot exactly as set forth above)
Home Address _____
Office Sought _____
Date Residence established in City _____
Age ____________
I do hereby swear (or affirm) that I possess all the qualifications required of the office I seek.
_____
_____
Date
Signature of Candidate
Received _____
Date & Time
_____
_____
City Clerk
Position on Ballot
(d)
The city clerk shall, prior to the fifteenth Tuesday prior to any election at which offices are to be filled, notify the general public of the opening filing
date, the offices to be filled, the proper place for filing and the closing filing date of the election. Such notification may be accomplished by legal
notice published in at least one (1) newspaper of general circulation.
(Code 1980, § 120.030; Ord. No. 1066, § 1, 1-23-84; Ord. No. 1341, § 1, 8-22-88; Ord. No. 1408, §§ 1, 2, 9-25-89; Ord. No. 1786, § 1, 6-24-96)
Sec. 8-5. - Order of names on ballots and city clerk's duties.
(a) On the morning of the commencement of the open filing period the city clerk shall receive declaration of candidacy from the candidates in the order
of their arrival at city hall. For purposes of designating the official entrance, candidates wishing to assemble prior to the date and time that filing
opens shall do so at the accessible entrance located at the northwest side of the rear of city hall. At that time and thereafter the city clerk shall clearly
mark the time of the receipt of the declaration on both copies of the declaration form.
(b)
Except as provided herein, the names of persons filing declarations of candidacy for elective office shall appear on the ballot in the order in which
they have filed. However, in the case of candidates who file prior to 5:00 p.m. on the first day of filing, the city clerk shall determine by random
drawing the order in which such candidates' names shall appear on the ballot. Any such drawing shall be conducted so that each candidate filing
before 5:00 p.m. on the first day of filing shall draw a number at random at time of filing. The number drawn by each candidate shall be recorded
with that candidate's declaration of candidacy. The names of candidates filing on the first day of filing for each office shall be listed in ascending
order of the numbers so drawn.
(c)
When the declarations of candidacy are received by the city clerk and marked with the time of receipt and position on the ballot or random number
selected on the first day of filing, the duplicate copy shall be returned to the applicant by the city clerk and the original filed in the city records. At the
close of the open filing period the city clerk shall forward to the board of election commissioners a list setting forth the names of the candidates for
each office and the order in which the names are to appear on the ballot.
(Code 1980, § 120.40; Ord. No. 2713, § 1, 2-9-15)
Sec. 8-6. - Withdrawal from candidacy.
Any candidate who may have filed for office and who may later wish to withdraw his/her name from consideration on the ballot may do so by
delivering in person to the city clerk a notification in writing of his/her desire to have his/her name withdrawn from consideration. Upon receipt of such
notification by the city clerk it shall be marked as to time of receipt and the city clerk shall verbally and in writing forthwith notify the board of election
commissioners of the withdrawal by that candidate. If the time for withdrawal as set by the board of election commissioners has expired the candidate
shall be so notified and his/her withdrawal notice shall be placed in the city records.
(Code 1980, § 120.050)
Sec. 8-7. - Vacancies in certain offices, how filled.
If a vacancy occurs in any elective office, the mayor or the person exercising the duties of the mayor shall cause a special meeting of the board of
aldermen to convene where a successor to the vacant office shall be selected by appointment by the mayor with the advice and consent of a majority of
the remaining members of the board of aldermen. If the vacancy is in the office of mayor, nominations of a successor may be made by any member of
the board of aldermen and selected with the consent of a majority of the members of the board of aldermen. The board of aldermen may adopt
procedures to fill vacancies consistent with this section. The successor shall serve until the next regular municipal election.
(Code 1980, § 120.130; Ord. No. 1971, § 2, 8-23-99)
Sec. 8-8. - Polling hours.
Polling places shall be kept open from 6:00 a.m. until 7:00 p.m.
(Code 1980, § 115.010)
Sec. 8-9. - Qualifications of voters.
The qualifications of electors and voters at all elections in the city shall be as provided in section 115.133 of the Revised Statutes of Missouri.
(Code 1980, § 115.030)
Sec. 8-10. - Division into wards.
As provided under section 79.060, Revised Statutes of Missouri, 1986, as amended, the city is hereby divided into three (3) wards as attached hereto
[Ordinance No. 2082] as Exhibit A and more particularly described, as follows:
(a)
Ward one. The northeastern portion of the City of Des Peres more particularly described as follows: Beginning at the northeastern corner of the City
of Des Peres; thence southwardly along the common line with the City of Kirkwood across Manchester Road to the southeastern corner of Haverhill
Subdivision; thence, westwardly along the common line with the City of Kirkwood to the centerline of Ballas Road; thence northwardly along the
center line of Ballas Road to the center line of Manchester Road; thence, eastwardly along Manchester Road to the western line of Bansbach Road;
thence northwardly along the western line of Bansbach Road and the western line of Bansbach Close Subdivision to the southern line of
Deutschmann Acres Subdivision to the eastern line of Des Peres City Park; thence northwardly along the eastern line of Des Peres City Park and
western line of Dunmorr Subdivision to the intersection of the northern line of Greenvale Subdivsion; thence eastwardly along the northern line of
Greenvale and St. Clements Acres Subdivisions to the centerline of Bopp Road; thence, northwardly along the centerline of Bopp Road to the
northern line of the City of Des Peres; thence, eastwardly along the northern limits of the City of Des Peres to the point of beginning.
(b)
Ward two. The southwestern portion of the City of Des Peres more particularly described as follows: Beginning at the intersection of the centerlines
of Des Peres Road and Dougherty Ferry Road; thence, southwardly along the centerline of Old Dougherty Ferry Road to the intersection with the
southwestern line of Greenbriar Ride Drive; thence, eastwardly along the southwestern line of Greenbriar Ridge Drive to the intersection with the line
separating the Kirkwood and Parkway School Districts; thence, southwardly along the school district boundary line to the northern line of the
Missouri Pacific Railroad; thence, westwardly along the northern line of the Missouri Pacific Railroad to its intersection with the western boundary of
the City of Des Peres; thence, northwardly along the western limits of the City of Des Peres to the intersection with Centeroyal Drive; thence,
eastwardly along the east/west centerline of Section 33 to its intersection with the western line of Lot #440 of Plat No. 4 of the Royal Acres
Subdivision; thence, southwardly along the western line of Lot ##44 to the southwestern corner of Lot #440; thence, eastwardly along the southern
line of Lots #440, #441, #442, and #443 to the intersection with the western line of Plat No. 5 of Royal Acres Subdivision; thence, northwardly along
the western line of Plat No. 5 to its intersection with the east/west centerline of Section 33; thence, eastwardly along said centerline to the eastern
line of Royal Acres Subdivision; thence, southwardly along the eastern line of Royal Acres Subdivision to the intersection with the southern line of
Topping Hills Addition Subdivision; thence, eastwardly along the souther line of Topping Hills Addition Subdivision to the intersection of the western
line of Four Winds Farm Subdivision; thence, northwardly along the western line of Four Winds Farm Subdivision to the northern line of Four Winds
Farm Subdivision; thence, eastwardly along the northern line of Four Winds Farm Subdivision to the intersection with the western line of Pelham
Estates Subdivision; thence, eastwardly along the northern line of Pelham Estates Subdivision to the centerlines of Des Peres Road; thence,
southwardly along the centerline of Des Peres Road to the intersection with Dougherty Ferry Road, which is the point of beginning.
(c)
Ward three. The central portion of the City of Des Peres adjoining Interstate Highway I-270, more particularly described as follows: All the land within
the City of Des Peres located between ward one and ward two.
(Code 1980, § 115.040; Ord. No. 987, § 1, 12-14-81; Ord. No. 1496, § 1, 9-23-91; Ord. No. 1748, § 1, 10-9-95; Ord. No. 1927, § 2, 11-9-98; Ord. No. 1948, §
1(Exh. A), 2-22-99; Ord. No. 1966, § 1(Exhs. A—C), 7-12-99; Ord. No. 2082, § 1, 10-8-01)
Sec. 8-11. - Manner of making returns; time of taking office.
In all elections, the judges in the respective polling places shall certify over their signature the results and the same shall be delivered to the city clerk
as soon as may be convenient after the closing of the polls and the completion of the counting and tallying of the ballots. Such returns shall show the
name of every candidate voted upon in the respective polling place and the number of votes cast for such candidate. The city clerk shall preserve such
returns as part of the permanent records of the city. Officials elected at such elections shall take office at the first regular or special meeting following
receipt of the certificate of election from the board of election commissioners.
(Code 1980, § 115.050)
Sec. 8-12. - Runoff elections.
If two (2) or more persons receive an equal number of votes for nomination or election to any office not otherwise provided for in section 115.515 or
115.517 of the Revised Statutes of Missouri, and a higher number of votes than any other candidate for nomination or election to the same office, the
officer with whom such candidates filed their declarations of candidacy shall, immediately after the results of the election have been certified, issue a
proclamation stating the fact and ordering a special election to determine which candidate is elected to the office. The proclamation shall set the date of
the election and shall be sent by the officer to each election authority responsible for conducting the special election. In his/her proclamation, the officer
shall specify the name of each candidate for the office to be voted on at the election, and the special election shall be conducted and the votes counted as
in other elections.
Chapter 9 - FIRE PREVENTION AND PROTECTION[1]
Sec. 9-1. - Fireworks.
(a) No person shall sell, use, manufacture, or display or possess fireworks, as hereinafter defined, within the city, at any time.
(b)
The term "fireworks," as used in this section, means and includes any combustible or explosive composition, or any substance or combination of
substances, or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration, or detonation and
includes blank cartridges, toy pistols, cannons, canes, or guns in which explosives are used, the type of balloons which require fire underneath to
propel the same, firecrackers, torpedoes, skyrockets, Roman candles or other fireworks of like construction and any fireworks containing any
explosive or flammable compound, or any tablets or other device containing any explosive substance.
(c)
The discharge of toy pistols, toy canes, toy guns, or other devices in which paper caps containing twenty-five hundred (2500) grains or less of
explosive mixture, and the sale and use of same shall not constitute a violation of this section.
(d)
The prohibitions of this section shall not apply to public demonstrations or displays of fireworks. However, such public demonstration or displays of
fireworks may be conducted after application has been made in writing and a permit has been issued for such demonstration or display by the
director of public safety.
(Code 1980, § 210.110)
State Law reference— Power to prevent keeping and discharge of fireworks, RSMo. § 79.450.
Sec. 9-2. - Key boxes.
(a) Each owner and/or his agent(s) or representative(s) of nonresidential buildings, structures or areas specified in subsection (b) herein shall install a
key box in conformity with the provisions specified herein:
(b)
(1)
The key box shall be of adequate size so that all keys needed to gain access to exterior or designated interior areas shall be accessible at all
times to public safety department personnel;
(2)
The individual keys shall be clearly and specifically labeled to indicate the doors to which they provide access;
(3)
In the event that more than one (1) key is contained in the key box, a building floor plan designating door locations and corresponding keys shall
be provided;
(4)
All keys and marking systems must be approved by the director of public safety;
(5)
The key box(es) shall be installed in an accessible location(s), to be determined by the director of public safety;
(6)
The key box(es) shall be in the style or type determined by the director of public safety.
Key boxes are required for the following buildings, structures and areas:
(1)
(2)
(c)
Any commercial or business building, structure or area constructed or renovated after July 1, 1999 which meets one (1) of the following criteria:
a.
Any commercial or business building, structure, or area in excess of five thousand (5,000) square feet;
b.
Any place of assembly;
c.
Any high-hazard building, structure or area;
d.
Any nonresidential building, structure or area with a sprinkler system;
e.
Any nonresidential building, structure or area with an alarm system;
f.
Any nonresidential building, structure or area where the director of public safety determines that access to or within a structure or an area is
unduly difficult due to secured openings, egress or ingress or where immediate access is necessary for life-saving or firefighting purposes;
and
g.
Any other nonresidential building, structure or area where the director of public safety deems it necessary.
Any commercial or business building, structure or area, including those in existence at the time of adoption of this ordinance, not otherwise
covered under subsection (b)(1) above which the director of public safety determines meets one (1) of the following criteria:
a.
Any high-hazard building, structure or area;
b.
Any nonresidential building, structure or area with an alarm system that has experienced multiple after hours fire alarms or for which forced
entry was required as a result of an after-hours emergency;
c.
Any nonresidential building, structure or area where the director of public safety determines that access to or within a structure or an area is
unduly difficult due to secured openings, egress or ingress or where immediate access is necessary for life-saving or firefighting purposes;
and
d.
All public buildings located within the corporate limits of the City of Des Peres.
Neither the City of Des Peres nor the Des Peres Public Safety Department shall be liable to any property owner, occupant, invitee, trespasser or any
other person for any personal injury, loss, property damage or claim of any kind arising out of or associated with the installation, use or presence of
the key boxes required by this section.
(Ord. No. 1957, § 1, 5-24-99)
Sec. 9-3. - Address numbers.
(a) Residential property. The address of each residential building shall be clearly marked on each building with numbers of a minimum height of four (4)
inches or the address numbers affixed to the mailbox located at the end of the driveway shall be clearly marked in three-inch numbers. Script type
numbers shall not be acceptable. Numbers shall be affixed to the front of the building near the front entrance door in a horizontal manner or affixed
to the mailbox at the end of the driveway. Numbers shall be visible from the street. Location and type of numbers shall be approved by the director
of public safety.
(b)
Commercial property. The address of each commercial building shall be clearly marked on each building with numbers of a minimum height of four
(4) inches. Script type numbers shall not be acceptable. Numbers shall be affixed to the front of the building near the front entrance door in a
horizontal manner or affixed to the mailbox at the end of the driveway. Numbers shall be visible from the street, roadway, or drive in front of the
building. Additionally, should the property have assigned suite numbers or letters, the suite shall also be similarly visible.
Additionally, each rear access door of all commercial buildings shall be clearly marked with the address/suite number in a color contrasting to that of
the door. If at anytime the rear door cannot be used by firefighters to gain access to the building due to the door being blocked, sealed and/or covered
from the interior, then the door shall be marked with the designation "NO DOOR" in color contrasting to that of the door in letters of a minimum height
of four (4) inches.
Location, type, size, and color, if applicable, of all numbers and letters shall be approved by the director of public safety.
(Ord. No. 1955, § 1, 5-10-99)
ARTICLE II. - CODE[2]
(a) Certain documents on file in the office of the city clerk of the city, being marked and designated as the International Fire Code, 2009 Edition, as
published by the International Code Council be and is hereby adopted as the fire code of the City of Des Peres regulating and governing the
safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous materials and devices, and
from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided; providing for the issuance of permits
and collection of fees therefore; and each and all of the regulations, provisions, penalties, conditions and terms of said fire code on file in the office of
the city clerk are hereby referred to, adopted, and made a part hereof as if fully set forth in this article, with the additions, insertions, deletions and
changes prescribed in this chapter.
(b)
In all cases where a conflict arises between the fire code and the building code as adopted in section 6-36 of this chapter, the more restrictive
standard shall apply.
(Code 1980, § 505.010; Ord. No. 1251, § 2, 2-23-87; Ord. No. 1714, § 1, 3-27-95; Ord. No. 1878, § 2, 1-12-98; Ord. No. 2052, § 2, 3-26-01; Ord. No. 2335, §
2(1), 8-8-05; Ord. No. 2560, § 1, 12-13-10)
For the purposes of this article, the following words shall have the meanings indicated in this section:
Board of appeals shall be the board of adjustment of the city.
Department shall mean the department of public safety.
Fire official shall be the director of public safety or his/her designated representative.
Jurisdiction shall mean the city.
Legal counsel shall mean the city attorney or his/her designated representative.
(Code 1980, § 505.020; Ord. No. 1251, § 2, 2-23-87)
Sec. 9-18. - Amendments and additional language.
(a) Section 101.1 — Insert the words "City of Des Peres, Missouri"
(b)
Section 108.1 — The Board of Adjustment of the City of Des Peres will serve as the Board of Appeals under this section and all rules provided by state
law for decisions by the Board of Appeals shall apply for all appeals provided under this section.
(c)
Section 109.3 — The general penalty provisions of Section 1-10 of the Municipal Code shall apply for violations of the Fire Code.
(d)
Section 111.4 — Insert a minimum fine of not less than $500 nor more than $1,000
(e)
Section 3204.3.1.1 — Add the following additional language: "The storage of cryogenic fluids is prohibited in all areas of the city except by Special
Permit issued by the Director of Public Safety."
(f)
Section 3404.2.9.5.1 — Add the following additional language: "The storage of Class I and II liquids in above ground tanks is prohibited except by
Special Permit issued by the Director of Public Safety."
(g)
Section 3406.2.4.4 — Add the following additional language: "The storage of Class I and II liquids in above ground tanks is prohibited except by Special
Permit issued by the Director of Public Safety."
(h)
Section 3804.2 — Add the following additional language: "Except, the Director of Public Safety may permit by special permit storage of liquefied
petroleum gas in excess of 2,000 water capacity after consideration of special features such as topography, nature of occupancy, proximity to
buildings, capacity of the proposed containers and the capabilities of the local fire department."
(Code 1980, § 555.050; Ord. No. 1251, § 2, 2-23-87; Ord. No. 1714, § 1, 3-27-95; Ord. No. 2335, § 2(2), 8-8-05)
Sec. 9-19. - Water supply systems and fire hydrants.
(a) Fire hydrants.
(b)
(1)
The director of public safety, or his authorized representative, shall recommend the location or relocation of new or existing fire hydrants and
the placement or replacement of inadequate water mains located upon public property and deemed necessary to provide an adequate fire flow
and distribution pattern. A fire hydrant shall not be placed into or removed from service until approved by the director.
(2)
The minimum fire flow from a single hydrant in any use group shall be one thousand five hundred (1,500) gallons per minute at twenty (20) psi
residual pressure unless the new hydrant is ordered on a pre-existing main. The minimum fire flow from the next two hydrants in any use group
shall be a cumulative one thousand five hundred (1,500) gallons per minute at twenty (20) psi residual pressure.
(3)
All public fire hydrant barrels are to be painted yellow. All fire hydrant bonnets are to be painted in accordance with the following schedule
based on the size of the water main: Green for water mains greater than twelve (12) inches, orange for water mains that are eight (8) inches or
ten (10) inches in diameter or red for mains six (6) inches or smaller. All private hydrants shall be painted yellow including the bonnet.
(4)
Fire hydrants may not be placed on any water main less than eight (8) inches in diameter except when new hydrants are being added to existing
main.
(5)
All fire hydrants shall be approved as to type by the American Water Works Association (AWWA) or the Missouri American Water Company.
(6)
No person shall use or operate any fire hydrant intended for use by the fire department for fire suppression purposes unless such person shall
first secure a permit for such use from the water company having jurisdiction. This section shall not apply to use of such hydrants by a person
employee by or authorized to make such use by the water company having jurisdiction.
(7)
There shall be no obstructions, plantings, bushes, trees, signs, light standards or similar impediments within six (6) feet of any fire hydrant in all
directions. Plantings in place at time of adoption of this ordinance shall be permitted to remain in place provided that such plantings do not
impair visibility of the hydrant from the street and does not impair its full access for emergency personnel.
Water mains.
(1)
The minimum fire flow in any use group shall be one thousand five hundred (1,500) gallons per minute at twenty (20) psi residual pressure.
(2)
Water shall be supplied to all use groups using a minimum of eight-inch diameter pipe lines. In all cases, the water supply system shall be pat of
a good grid block system except in instances when the water main has a total length of less than six hundred (600) feet in length or, in the
judgment of the fire marshal, creation of a grid block is not reasonably practical.
(3)
The director of public safety and fire marshall shall have the authority to require water mains in size greater than eight (8) inches in diameter
when use of larger mains effectively creates greater fire flow in accordance with standards established by the insurance services office (ISO) and
increases the overall effectiveness of the water supply system for fire protection purposes.
Sec. 9-20. - Roof coverings.
Unclassified roof coverings shall not be permitted on buildings or structures within the city.
(Ord. No. 1251, § 2, 2-23-87)
Sec. 9-21. - Emergency and egress lighting, testing and periodic inspection.
A functional test shall be conducted on every required battery powered emergency lighting system and all equipment shall be fully operational
during the period of said testing. Such tests shall be done at the following intervals:
(1)
All emergency and egress lighting on a battery powered system shall be tested on a thirty (30) day interval for thirty (30) seconds by the business
owner or his authorized representative and a written record maintained containing the date, time and duration of said test along with a written
record of visual inspection of its operations;
(2)
An annual test of all emergency and egress lighting on a battery powered system shall be conducted by a qualified third party to ensure that
such lighting will remain fully operational for a minimum of ninety (90) minutes of continuous operation as prescribed in the Life Safety Code
101, 1997 Edition. A record certifying the operational testing of such equipment shall be maintained by the business owner and made available
to the fire marshal on request.
(3)
All self-illuminous signs that operate independent of electrical power yet are compliant with NFPA Standard 101 and bear a manufacturer
applied label clearly showing a expiration date are exempt from the requirements of monthly and annual testing. Provided, however, such signs
must be replaced prior to their manufacturers designated expiration date.
(Ord. No. 2237, § 1, 6-9-03)
ARTICLE III. - EXPLOSIVES CODE[3]
The explosives code adopted by the County of St. Louis on or about October 24, 1962, as Ordinance No. 2703, and amended on or about November
29, 1967; by Ordinance No. 4524; January 8, 1981, by Ordinance No. 10,039; December 23, 1981 by Ordinance No. 10,462; June 2, 1994, by Ordinance No.
17,057; and November 6, 1997 by Ordinance No. 18,693 is hereby adopted as the explosives code of the City of Des Peres as if set forth here in full.
(Ord. No. 1151, § 1, 7-22-85; Ord. No. 1370, § 1(5), 1-23-89; Ord. No. 1714, § 2, 3-27-95; Ord. No. 2052, § 2, 3-26-01; Ord. No. 2067, § 1, 7-23-01)
ARTICLE IV. - SPRINKLER SYSTEM REQUIREMENTS
Sec. 9-51. - Connection to public water supply system.
(a) All automatic sprinkler equipment shall be connected to the public water supply system.
(b)
Fire suppression systems shall be installed and maintained in full operating condition in accordance with the fire prevention code except in Use
Groups B, R-1 and R-2 (BOCA Section 1702.6) where such systems shall be installed in any building, structure or portions thereof when any of the
following conditions are present:
(1)
When more than twelve thousand (12,000) square feet (eleven hundred sixteen (1116) square meters) in area; or
(2)
When more than twenty-four thousand (24,000) square feet (twenty-two hundred and thirty-two (2232) square meters) in total area on all floors;
or
(3)
When more than three (3) stories in height.
(Ord. No. 1251, § 2, 2-23-87)
Chapter 10 - FRANCHISE REGULATIONS[1]
ARTICLE II. - CABLE COMMUNICATIONS[2]
Sec. 10-16. - Regulatory code.
The city finds that further development of cable systems has the potential to be of great benefit to the city, its residents and its businesses. Cable
technology is rapidly changing and cable plays an essential role as a part of the city's basic infrastructure. Cable systems extensively make use of scarce
and valuable public rights-of-way, in a manner different from the way in which the general public uses them, and in a manner reserved primarily for
those who provide services to the public, such as utility companies. A cable company currently typically faces limited competition; thus, the grant of a
franchise has the effect of giving the holder extensive economic benefits and places the holder in a position of public trust. Because of these facts, the city
finds the public convenience, safety and general welfare can best be served by establishing regulatory powers vested in the city or such persons as the
city so designates to protect the public and to ensure that any franchise granted is operated in the public's interest. To that end, the city shall adopt by
ordinance a cable communications regulatory code. Such code need not be enumerated within the general Code of the city.
(Ord. No. 1747, § 1, 10-9-95)
Sec. 10-17. - Franchise required.
No person, firm or corporation may construct, operate or maintain a cable system or provide cable service over a cable system within the city without
a franchise granted by the city authorizing such activity.
(Ord. No. 1747, § 1, 10-9-95)
Chapter 11 - GARBAGE, TRASH AND REFUSE[1]
Sec. 11-1. - Waste reduction and recycling policy.
The city is committed to good stewardship of the environment. A key element of that stewardship is the reduction of the amount of solid waste going
from the city into landfills. Solid waste landfills have negative long-range environmental impacts, drain community resources and have limited capacity to
accept large quantifies of waste generated by our society today. The city will make every effort to reduce the solid waste generated from the operation
and maintenance of city facilities. Four (4) methods will be used to implement this policy: source reduction, reuse of materials, recycling and purchase of
recycled materials. Every city department and each city employee has a personal responsibility to implement this policy in their day-to-day operations.
(Ord. No. 2336, § 2, 8-8-05)
Sec. 11-2. - Methods to achieve waste reduction.
(a) Source reduction. All city employees are responsible for implementing operational practices that prevent waste from being produced including but
not limited to creation of two sided documents; using e-mail rather than printed correspondence and using products that are reusable, refillable,
repairable, non-toxic or otherwise recyclable. Products with reusable, returnable packaging or items requiring the least possible packaging should be
purchased when practical. Every effort should be made to prevent excess or unneeded materials from being purchased.
(b)
Reuse of materials. All employees of the city are responsible for reusing products whenever possible.
(c)
Recycling. All city employees are responsible for separating identified recyclable materials and placing them in appropriate recycling containers
provided by the city at the workplace.
(d)
Purchase of recycled content material. All city departments are responsible for making efforts to purchase and use products manufactured from or
containing recycled materials when not cost prohibitive.
(Ord. No. 2336, § 2, 8-8-05)
ARTICLE II. - SOLID WASTE MANAGEMENT[2]
For the purposes of this article, the following terms shall be deemed to have the meaning indicated below:
Approved incinerator. An incinerator which complies with all current regulations of the responsible local, state and federal air pollution control
agencies.
Bulky items. Nonputrescible solid wastes consisting of combustible and/or noncombustible waste materials from dwelling units, commercial,
industrial, institutional or agricultural establishments which are either too large or too heavy to be safely and conveniently loaded in solid waste
transportation vehicles by solid waste collectors, with the equipment available therefor.
All household appliances (exclusive of "white goods"), household furnishings, and yard equipment which are either too large or too heavy to be safely
and conveniently loaded in solid waste transportation vehicles by solid waste collectors with the equipment used for route collection and excluding
household garbage and rubbish, yard waste, construction materials, construction debris, or automobile parts.
Collection. Removal of solid waste from the designated pickup location to the transportation vehicle.
(1)
Curbline collection. Collection of garbage and rubbish at one (1) location at the curb fronting each residence stored in specified containers each
weighing under sixty (60) pounds;
(2)
Rear yard collection. Collection of garbage and rubbish from solid waste storage containers at one (1) location at the front, rear or side (nearest
driveway) yard. (Yard waste, recyclables, bulky items and white goods to be picked up at the curb.)
Composting. Shall mean a controlled biological reduction of organic waste to humus material.
Demolition and construction waste. Are waste materials from the construction or destruction of residential, industrial or commercial structures.
Director. The director of the solid waste management program of the city shall be the director of public works.
Disposable solid waste container. Disposable plastic bags with a capacity of twenty (20) to thirty-five (35) gallons specifically designed for storage of
solid waste.
Disposable yard waste container. Disposable kraft paper bags with a capacity of twenty (20) to thirty-five (35) gallons specifically designed for storage of
yard waste.
Dwelling unit. Any room or group of rooms located within a structure, and forming a single, habitable unit with facilities which are used or are
intended to be used for living, sleeping, cooking and eating.
Garbage. Such materials as all semisolid and solid food wastes derived from and during the procurement, storage, processing, cooking, and
consumption of food materials of animal, vegetable or synthetic origin which are intended for and are used by householders for the refreshment or
sustenance of human beings or animals (excluding liquid wastes or materials from the processing of hides or other animal parts).
Hazardous waste. Any waste or combination of wastes, as determined by the Missouri Hazardous Waste Management Commission by rules and
regulations, which, because of its quantity, concentration, or physical, chemical or infectious characteristics may cause or significantly contribute to an
increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness, or pose a present or potential threat to the health of
humans or other living organisms (subsection 260.360(9) of the Missouri Hazardous Waste Management Law).
Occupant. Any person who, alone or jointly or severally with others, shall be in actual possession of any dwelling unit or of any other improved real
property, either as owner or as tenant.
Person. Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, political subdivision, or
organization of any kind, or their legal representative, agent or assigns.
Processing. Incinerating, composting, baling, shredding, salvaging, compacting and other processes whereby solid waste characteristics are modified
or solid waste quantity is reduced.
Recyclables. Materials from the solid waste stream that may be reprocessed and reused as a manufacturing resource to include, as a minimum,
newsprint, aluminum cans, tin/steel cans, glass bottles, recyclable grade plastic, and corrugated cardboard boxes collected at the curb fronting each
residence.
Rubbish. Cold ashes derived from fireplaces, paper of all kinds, cartons and containers, books, magazines, straw, excelsior, sawdust, shavings, small
pieces of wood, tin cans, tinware and other small metallic items and materials, bottles glassware, crockery, dishes and parts of furniture, fixtures and
other household equipment, and all other useless, rejected and cast off matter of such weight, dimension, size and shape that they can be stored in a
standard container as defined herein excluding parts of trees, bushes and pieces of wood, leaves and grass cuttings, street sweepings, catch basin
contents, soil, mortar, plaster, concrete, bricks, stones, gravel, sand and all wastes or leftover materials resulting from grading, excavation, construction,
alterations, repair or wrecking of buildings, structures, walls, roofs, roads, streets, walks or other facilities and such items of rubbish whose weight, size,
dimension and shape cannot be stored in a standard container as defined herein except that "rubbish" shall include that debris resulting from
remodeling, repair or reconstruction of any building which can be properly placed in a standard container the weight of which does not exceed sixty (60)
pounds and can be removed by not more than two (2) men with such debris limited to two (2) standard containers per week.
Scavenging. Shall mean and include the physical examination of solid waste and recyclable materials in a solid waste container, or any container
which may be used for the storage and collection of recyclable materials, or the removal or disturbance of items placed for collection by a solid waste
hauler or a recyclable material hauler by persons other than the adjacent owner, lessee or occupant, agents of appropriate public agencies and persons
authorized under this chapter to collect and remove solid waste and recyclable materials.
Solid waste. Unwanted or discarded waste materials in a solid or semisolid state, including but not limited to garbage, ashes, street refuse, rubbish,
dead animals, animal and agricultural wastes, yard wastes, discarded appliances, special wastes, industrial wastes, and demolition and construction
wastes.
(1)
Commercial solid waste. Solid waste resulting from the operation of any commercial, industrial, institutional or agricultural establishment.
(2)
Residential solid waste. Solid waste resulting from the maintenance and operation of dwelling units.
State Law reference— Similar provisions, R.S.Mo. § 260.200(5).
Solid waste container. Receptacle used by any person to store solid waste during the interval between solid waste collections per section 11-17 (c).
Solid waste disposal. The process of discarding or getting rid of unwanted material; in particular, the final deposition of solid waste by man.
Solid waste management. The entire solid waste system of storage, collection, transportation, processing and disposal.
Storage. Keeping, maintaining or storing solid waste from the time of its production until the time of its collection.
Transportation. The transporting of solid waste from the place of collection or processing to a solid waste processing facility or solid waste disposal
area.
White goods. Large household appliances consisting of refrigerators, freezers, clothes washers and dryers, water heaters, trash compactors,
dishwashers, microwave ovens, ranges, stoves, wood stoves, and air conditioners that can be easily and safely handled by two (2) men and do not exceed
three (3) cubic yards total volume; motor vehicle or trailer tires; and lead-acid batteries with a nominal voltage of six (6) volts or greater.
Yard wastes. Grass clippings, leaves, tree trimmings and limbs, garden vegetation, flowers, Christmas trees, and pieces of wood stored either in kraft
paper bags or tied in bundles that do not exceed four (4) feet in length, eighteen (18) inches in diameter or sixty (60) pounds in weight collected at the
curb fronting each residence.
Yard waste container. Receptacle used by any person to store yard waste during the interval between yard waste collections per section 11-17 (c) and
(f).
(Ord. No. 1632, § 1, 12-13-93)
Sec. 11-17. - Solid waste storage.
(a)
The occupant or owner of every dwelling unit and of every institutional, commercial or business, industrial or agricultural establishment producing
solid waste within the corporate limits of the city, shall provide sufficient and adequate containers for the storage of all solid waste except bulky
rubbish and demolition and construction waste to serve each such dwelling unit and/or establishment; and to maintain such solid waste containers
at all times in good repair.
(b)
The occupant or owner of every dwelling unit and of every institutional, commercial, industrial, agricultural, or business establishment shall place all
solid waste to be collected in proper solid waste containers, except as otherwise provided herein and shall maintain such solid waste containers and
the area surrounding them in a clean, neat and sanitary condition at all times.
(c)
Residential solid waste shall be stored in containers of not more than thirty five (35) gallons nor less than twenty (20) gallons in nominal capacity;
provided, however, that containers of greater capacity provided by the solid waste collection agency serving the premises shall be permitted.
Containers shall be leakproof, waterproof, and fitted with a flytight lid or shall be otherwise properly covered at all times except when depositing
waste therein or removing the contents thereof. The containers shall have handles, bails or other suitable lifting devices or features. Containers shall
be of a type originally manufactured for residential solid waste, with tapered sides for easy emptying. They shall be of light weight and sturdy
construction. The weight of any individual container and contents shall not exceed seventy-five (75) pounds. Galvanized metal containers, or rubber,
fiberglass, or plastic containers which do not become brittle in cold weather, may be used. Disposable solid waste containers with suitable frames or
containers as approved by the director may also be used for storage of residential solid waste.
(d)
Recyclables shall be stored in containers having a volume capacity of twenty (20) to thirty-five (35) gallons. Storage and collection of recyclables may
be on a separated or commingled basis dependent upon the provisions of the contract for solid waste services entered into by the city from time to
time.
(e)
Tree limbs less than four (4) inches in diameter and brush shall be securely tied in bundles not larger than forty-eight (48) inches long and eighteen
(18) inches in diameter when not placed in storage containers. The weight of any individual bundle shall not exceed seventy-five (75) pounds.
(f)
Yard wastes shall be stored in either residential solid waste containers or kraft paper so constructed and maintained as to prevent the disposal of the
wastes placed therein upon the premises served, adjacent premises or public rights-of-way. Such containers shall be easily handled by one (1)
person, the weight thereof including contents shall not exceed seventy-five (75) pounds and the container shall not exceed seven (7) bushel capacity.
(g)
Commercial solid waste shall be stored in solid waste containers as approved by the director. The containers shall be waterproof, leakproof and shall
be covered at all times except when depositing waste therein or removing the contents thereof; and shall meet all requirements as set forth by
section 11-17 (a) and (g).
(h)
Solid waste containers which do not meet the specifications as outlined in this section will be collected together with their contents and will be
disposed of.
(Ord. No. 1632, § 1, 12-13-93)
Sec. 11-18. - Collection of solid waste.
(a) The city shall provide for the collection of solid waste as follows:
(1)
The city shall provide for the collection of all residential solid waste in the city; provided, however, that, the city may provide the collection service
by contracting with a person, county, or other city or a combination thereof, for the entire city or portions thereof, as deemed to be in the best
interests of the city.
(2)
The city may, at its discretion, provide commercial solid waste collection services upon specific application of the owners or persons in charge
thereof. However, in the event that such application is not made or approved, it shall be the duty of such establishment to provide for collection
of all solid waste produced upon any such premises.
(b)
All solid waste from premises to which collection services are provided by the city shall be collected, except bulky items as defined herein. Bulky
items will be collected in accordance with the rules and regulations as promulgated by the director.
(c)
Solid waste containers as required by this article for the storage of residential solid waste, except yard waste and bulky items, shall be placed at the
curb fronting the residence for collection excepting for those residences obtaining rear yard collection.
On the designated days for collection solid waste containers and disposable solid waste containers may not be placed at the curb adjacent to the
premises no more than twelve (12) hours before scheduled collection times and must be removed from the curb no later than twelve (12) hours after
collection. At all other times such containers shall be kept in a location not visible from the street. No more than six (6) standard containers shall be
collected at any one (1) time from any dwelling unit.
(d)
Tree limbs and yard wastes shall be placed at the curb for collection.
(e)
Bulky items shall be stored and collected in accordance with procedures promulgated by the director.
(f)
Residential solid waste containers shall be stored upon the residential premises. Commercial solid waste containers shall be stored upon private
property, unless the owner is granted written permission from the city to use public property for such purposes. The storage site shall be well
drained and fully accessible to collection equipment, public health personnel and fire inspection personnel.
(g)
The following collection frequencies shall apply to all collections of solid waste in this city:
(1)
All residential solid waste, other than bulky items, shall be collected at least once weekly.
(2)
All residential recyclables shall be collected at least once weekly.
(3)
All yard wastes shall be collected at least once weekly.
Collection dates and schedules shall be prescribed by contract between the city and its contractor.
(h)
(4)
All commercial solid waste shall be collected at least once per week or at such lesser intervals as prescribed by the director or may be required
to prevent the development of conditions which tend to create a sanitary nuisance or public hazard.
(5)
No collections of solid waste shall be made from residential or commercial properties before 6:30 a.m. or after 6:30 p.m. and no such collections
shall be made on Sundays. Provided, however, that the director shall be authorized to allow exceptions whenever a daily collection frequency is
necessary or in the event of an emergency.
Solid waste collectors, employed by the city or a solid waste collection agency operating under contract with the city, are hereby authorized to enter
upon private property for the purpose of collecting solid waste therefrom as required by this article. Solid waste collectors shall not enter dwelling
units or other residential buildings for the purpose of collecting residential solid waste.
(i)
Solid waste collectors, employed by the city or a solid waste collection agency operating under contract with the city, shall be responsible for the
collection of solid waste from the designated pickup location to the transportation vehicle provided the solid waste was stored in compliance with the
provisions set forth in this article. Any spillage or blowing litter caused as a result of the duties of the solid waste collector shall be collected and
placed in the transportation vehicle by the solid waste collector.
(Ord. No. 1632, § 1, 12-13-93)
Sec. 11-19. - Transportation of solid waste.
(a) All transportation vehicles shall be maintained in a safe, clean and sanitary condition and shall be so constructed, maintained and operated as to
prevent spillage of solid waste therefrom. All vehicles to be used for transportation of solid waste shall be constructed with watertight bodies and
with covers which shall be an integral part of the vehicle or shall be a separate cover of suitable material with fasteners designed to secure all sides of
the cover to the vehicle and shall be secured whenever the vehicle is transporting solid waste, or, as an alternate, the entire bodies thereof shall be
enclosed, with only loading hoppers exposed. No solid waste shall be transported in the loading hoppers.
(b)
All such vehicles shall:
(1)
Carry evidence of a current State of Missouri Safety Inspection and any other licenses required as a condition of doing business by the county
department of health or the Missouri Department of Natural Resources.
(2)
Be subject on request to an inspection by the department of public works for evidence of safety, property maintenance for reasonable
performance and appearance and suitability for waste collection in a manner which prevents spillage.
(3)
The gross axle weight of such vehicles shall not exceed fifteen (15) tons. The gross vehicle weight of the vehicles shall not exceed thirty (30) tons
for single axle trucks and forty-five (45) tons for tandem axle trucks.
(c)
Permits shall not be required for the removal, hauling or disposal of earth and rock material from grading or excavation activities; however, all such
material shall be conveyed in tight vehicles, trucks or receptacles, so constructed and maintained that none of the materials being transported shall
spill upon the public rights-of-way.
(d)
Demolition and construction wastes shall be transported to a disposal area as provided in section 11-20. A permit shall not be required for hauling of
demolition and construction waste; however, all such material shall be conveyed in tight vehicles, trucks, or receptacles, so constructed and
maintained that none of the material being transported shall spill upon the public rights-of-way.
(Ord. No. 1632, § 1, 12-13-93)
Sec. 11-20. - Disposal of solid waste.
(a) Solid wastes shall be deposited at a processing facility or disposal area approved by the city and complying with all requirements of the Missouri
Solid Waste Management Law, sections 260.020 to 260.245, RSMo. 1978, and the rules and regulations adopted thereunder. The city may designate
the processing or disposal facility to be utilized by persons operating under section 245.060[, RSMo. and section 11-21] of this article.
(b)
Hazardous wastes will require special handling and shall be disposed of only in a manner authorized by state regulations.
(c)
Materials collected as recyclables, except those damaged or contaminated, may not be disposed of at landfills or incinerators and must be deposited
with an individual, group, partnership or corporation which will reprocess the recyclables.
(d)
Owners of property located within the city shall have the right to dispose of yard waste by composting such materials on property located within
residentially-zoned areas only. Such composting shall be established and maintained in compliance with the following conditions and restrictions:
(1)
(2)
(3)
Composting piles established in accordance with this section shall be for private use only. It shall be unlawful to operate a commercial
composting facility or to accept a fee for receiving material to be composted or to accept a fee for sale or use of the product of such composting.
All compost piles shall be maintained using approved composting procedures to comply with the following requirements:
a.
All compost piles shall be enclosed in a freestanding compost bin which shall be not larger than one hundred fifty (150) cubic feet for each
ten thousand (10,000) square feet of lot size of the property on which it is located. Compost bins shall not exceed five (5) feet in height.
b.
All compost piles shall be constructed and maintained to prevent the harborage of rodents and pests. The presence of rodents in or near a
compost pile shall be sufficient cause to issue a complaint and, upon conviction, to order said compost pile removed as a public nuisance.
c.
All compost piles shall be constructed and maintained to prevent unpleasant, putrefactive, sweet, sour or pungent orders.
d.
Compost piles shall be located within the buildable area of the lot and shall be located at least three (3) feet behind the main residence
located on the lot. No compost pile shall be located within three (3) feet of the rear or side property line or within twenty (20) feet of any
home, patio, pool or similar structure on the adjacent property without written permission of the adjoining property owner(s).
e.
No compost pile shall be located in such a manner as to impede the natural flow of stormwater drainage.
It shall be unlawful to compost other than approved materials in a residential compost pile.
a.
b.
Ingredients which may be composted include:
1.
Grass clippings;
2.
Leaves, small limbs, brush and wood chips;
3.
Vegetation similar to the above;
4.
Commercially available compost additives.
It shall be unlawful to dispose of or allow the following materials to be placed in a compost pile:
1.
Lakeweeds;
2.
Food scraps of any kind;
3.
Fish, fowl, meat or other animal products;
4.
Manure;
(4)
5.
Animal carcasses;
6.
Fruits, vegetables or nuts;
7.
Other items not normally composted.
Every owner and tenant of property shall be responsible for maintaining all property under his control in accordance with the requirements of
this section.
(Ord. No. 1632, § 1, 12-13-93)
Sec. 11-21. - Permits required.
(a) No person shall engage in the business of collecting, transporting, processing or disposing of solid waste within the corporate limits of the city
without first obtaining an annual permit therefor from the city; provided, however, that this provision shall not be deemed to apply to employees of
the holder of any such permit.
(b)
Each applicant for any such permit shall state in his application therefor:
(1)
The nature of the permit desired, as to collect, transport, process or dispose of solid waste or any combination thereof;
(2)
The characteristics of solid waste to be collected, transported, processed, or disposed;
(3)
The number of solid waste transportation vehicles to be operated thereunder;
(4)
The precise location or locations of solid waste processing or disposal facilities to be used;
(5)
Specific locations where solid waste is to be collected in the city; and
(6)
Such other information as required by the director.
(c)
No such permit shall be issued unless the applicant therefor shall file and maintain with the director evidence of satisfactory liability insurance
coverage with a combined single limit of not less than one million dollars ($1,000,000.00). In addition thereto, the applicant shall file and maintain
with the director evidence of workers' compensation insurance, as required by Missouri state law. Should any such policy be canceled, the director
shall be notified, in writing, not less than ten (10) days in advance thereof and provisions to that effect shall be incorporated in such policies.
(d)
In all cases where an applicant is to provide services under contract to the city, the city shall be named as an additional insured on all such policies.
Such contractor shall also agree to indemnify and hold harmless the city from any liability, claim, damage or cause of action which may be asserted
or sustained against the city as the result, either directly or indirectly in any manner, of the performance or failure of the performance on the part of
the contractor under any contract for services with the city.
(e)
Such permits shall be issued for a period of one (1) year and shall expire on June 30 of the calendar year and each applicant shall pay therefor a fee
of fifty dollars ($50.00) for each truck to be used for collections in the city.
(f)
The annual permit may be renewed upon payment of the fee or fees as designated herein, if the business has not been modified, the collection
vehicles meet the requirements of section 11-19 (b) of this article, and the renewal is approved by the director. If modifications have been made, the
applicant shall reapply for a permit. No permits authorized by this article shall be transferable from person to person.
(Ord. No. 1632, § 1, 12-13-93)
Sec. 11-22. - Prohibited practices.
(a) It shall be unlawful for any person to:
(b)
(1)
Deposit solid waste in any solid waste container other than his own, without the written consent of the owner of such container and/or, with the
intent of avoiding payment of the service charge hereinafter provided for solid waste collection and disposal;
(2)
Fail to have solid waste collected as provided in this article;
(3)
Interfere in any manner with solid waste collection and transportation equipment, or with solid waste collectors in the lawful performance of
their duties;
(4)
Burn solid waste unless an approved incinerator is provided or unless a variance has been obtained from the appropriate air pollution control
agency;
(5)
Dispose of solid waste including yard waste by burying it or depositing it in any alley, street, roadway, vacant lot, ditch, gully, stream, body of
water or any other public or private property not expressly authorized as a disposal site by the department of natural resources;
(6)
Engage in the business of collecting, transporting, processing or disposing of solid waste within the corporate limits of the city without a permit
from the city, or operate under an expired permit, or operate after a permit has been suspended or revoked;
(7)
Engage in scavenging in or from any solid waste container or containers which may be used for the storage and collection of recyclable materials
or, in or among any solid waste placed for collection or recyclable materials placed for collection as provided by law; and
(8)
Violate any section of this article or any other rule or regulation promulgated under the authority of section 11-23.
Compliance with law. The contractor agrees to comply with all applicable laws including ordinances of the city, environmental or waste disposal laws
enacted now or in the future by the United States of America, the State of Missouri, or any other state having jurisdiction because of the collection,
removal or disposal of garbage, rubbish or trash from dwellings within the city. The contractor will indemnify and hold harmless the city from all
damages, fines, or penalties that may arise from violation of such laws by conduct of contractor pursuant to this agreement.
(Ord. No. 1632, § 1, 12-13-93)
Sec. 11-23. - Rules and regulations.
The director of public works is hereby authorized to establish in addition to the provisions of this article, such supplementary rules and regulations
which he deems necessary, provided that such rules and regulations shall not be inconsistent with this article.
(Ord. No. 1632, § 1, 12-13-93)
(a)
In order to ensure compliance with the laws of this state, this article and the rules and regulations authorized herein, the director is authorized to
inspect all phases of solid waste management within the city. No inspection shall be made in any residential unit unless authorized by the occupant
or by due process of law. In all instances where such inspections reveal violation of this article, the rules and regulations authorized herein for the
storage, collection, transportation, processing or disposal of solid waste or the laws of the state, the director shall issue notice for each such violation
stating therein the violation or violations found, the time and date and the corrective measures to be taken, together with the time period in which
such corrections shall be made.
(b)
In all cases when the corrective measures have not been taken within the time specified, the director shall suspend or revoke the permit(s) involved
in the violation; however, in those cases where an extension of time will permit correction and there is no public health hazard created by the delay,
one (1) extension of time not to exceed the original time period may be given.
(c)
In the event a permit is revoked and the person continues to operate, the director may request the action of a court of law to enjoin the acts and to
enforce compliance with this article or any rule or regulation promulgated thereunder. In any such action, the court may grant to the city such
prohibitory or mandatory injunctive relief as the facts may warrant.
(d)
Any person who feels aggrieved by any notice of violation or order issued pursuant thereto by the director may, within fifteen (15) days of the act for
which redress is sought, appeal directly to the board of aldermen, in writing, setting forth in a concise statement the act being appealed and the
grounds for its reversal.
(e)
The director of public safety, or his representatives or agents, and the director of public works, acting separately or together, are hereby empowered
to enforce all provisions of this article.
(Ord. No. 1632, § 1, 12-13-93)
Sec. 11-25. - Penalties for violations.
Any person violating any of the provisions of this article, or any lawful rules or regulations promulgated pursuant thereto, upon conviction, shall be
punished by a fine of not less than five dollars ($5.00) nor more than five hundred dollars ($500.00); provided, that each day's violation thereof shall be a
separate offense for the purpose hereof.
(Ord. No. 1632, § 1, 12-13-93)
Chapter 12 - HEALTH AND SANITATION[1]
Sec. 12-1. - Weeds or rank vegetation growth.
(a) No person shall cause or permit any weeds or rank vegetation growth to attain a height in excess of eight (8) inches upon any property within the
city, except as provided in paragraph (b) of this section. Any owner of any lot, parcel of land or land of any other description in the city who shall
cause or permit any weeds or rank vegetation growth to attain a height in excess of eight (8) inches upon any property in the city, who does not fall
within the exception enumerated in subsection (b) of this section, shall be deemed to have committed a public nuisance.
(b)
With respect to any undeveloped property in excess of three (3) acres, this section shall apply only to the portions of such property which are located
within one hundred (100) feet of any street right-of-way or within one hundred (100) feet of any adjoining property. For purposes of this section,
"street" shall include all highways, streets and roads other than those highways commonly known as "interstate" highways.
(c)
All weeds or rank vegetation growth, when cut down, shall be removed and disposed of in such a manner as not to create a nuisance.
(d)
Whenever weeds or rank vegetation growth is allowed to grow on any portion of any property in violation of this section, the director of public works
shall:
(1)
Give a hearing after four (4) days' written notice thereof either personally or by United States mail to the owner(s) or his/her (or their) agent(s), or
by posting such notice on the premises; and
(2)
If the evidence at such hearing supports such a finding, the director shall declare the weeds or rank vegetation growth to be a nuisance and
order the owner to cut down and remove the weeds or rank vegetation growth within five (5) business days of such hearing; and
(3)
If such weeds or rank vegetation growth is not cut down and removed within five (5) business days, have such weeds or rank vegetation growth
cut down and removed immediately thereafter and certify the costs of such cutting and removal to the city clerk, who shall cause a special tax
bill to be issued therefor against the property from which such weeds or rank vegetation growth was cut.
(4)
Any person aggrieved by a determination by the director pursuant to subsection (d)(2) above, may seek judicial review of the decision in accord
with the provisions for judicial review of administrative decisions pursuant to chapter 356 of the laws of the State of Missouri by filing a petition
for review in the circuit court for St. Louis county within five (5) business days of the date such determination is entered.
(e)
As a part of the cost of removing such weeds or rank vegetative growth, each such special tax bill shall include a charge of twenty-five ($25.00) for
each inspection, notice, hearing and tax bill filed.
(f)
The above-described special tax bill shall be collected by the city collector with other taxes assessed against the property. The tax bill, from the date
of its issuance, shall be a first lien on the property until paid and shall be prima facie evidence of the recitals therein and of its validity, and no mere
clerical error or informality in such tax bill or in the proceedings leading to its issuance shall be a defense thereto. Each special tax bill shall be issued
by the city clerk and delivered to the city collector on or before the first day of June of each year. Such tax bills, if not paid within thirty (30) days after
issuance, shall bear interest at the rate of eight (8) percent per annum. In the event a lawsuit is required to enforce such a tax bill, the city may be
awarded its costs of collection, including attorney fees, by the court in accordance with section 71.285 of the Revised Statutes of Missouri.
(g)
It shall be the duty of the director of public works, whenever notified of the existence of weeds or rank vegetation growth in excess of eight (8) inches
in height on any street or public place in the city, to have such weeds or rank vegetation growth cut down and removed.
(h)
If weeds or rank vegetation growth are allowed to grow on the same property in violation of subsection (a) more than once during the same growing
season:
(1)
The director of public works may order the owner or owners to cut down and remove same within five (5) business days after notice of such
order is delivered, after which the director may have such weeds or rank vegetation growth cut down and removed, and the costs thereof shall
be taxed and enforced as otherwise provided in this section; or
(2)
(i)
The director may, without such notice, have such weeds or rank vegetation growth cut down and removed, and the costs thereof shall be taxed
and enforced as otherwise provided in this section.
It shall be unlawful for any person, or any officer, agent, or employee of any corporation within this city, to cause or maintain weeds or rank
vegetation growth in violation of subsection (a), and it shall be unlawful for any person to fail or refuse to cut down and remove such weeds or rank
vegetation growth within the time required and specified in the notice of the director of public works as provided in subsection (d). Upon conviction,
such person shall be punished as provided in section 1-10, and every day such nuisance is maintained after such notice shall constitute a separate
and distinct offense.
(Code 1980, § 225.170; Ord. No. 1081, § 1, 6-11-84; Ord. No. 1484, § 1, 7-8-91; Ord. No. 1606, § 1, 6-14-93; Ord. No. 1618, §§ 1, 2, 8-23-93; Ord. No. 2331, §
1, 6-20-05)
Editor's note— Ord. No. 1437, § 1, adopted May 14, 1990, repealed § 12-2, which pertained to smoking in public areas in city facilities and derived from
Code 1980, § 225.190 and Ord. No. 1256, § 1, adopted Apr. 13, 1987.
Sec. 12-3. - Indoor clean air code.
(a) Definitions.
Business, a sole proprietorship, partnership, joint venture, corporation or other business entity, either for profit or not-for-profit, including retail
establishments where goods or services are sold; professional corporations and other entities where legal, medical dental, engineering, architectural or
other professional services are delivered and private clubs.
City, the City of Des Peres, Missouri.
Director of revenue, the Director of Revenue of St. Louis County.
Drinking establishment, any business with a valid license issued by the city to sell intoxicating liquor by the drink or to sell beer and light wine by the
drink whose on site sales of food or beverages for consumption on the premises comprises no more than twenty-five (25) percent of gross sales of food
and both alcoholic and nonalcoholic beverages on an annual basis.
Employee, any person who performs services for an employer with or without compensation.
Employer, a person, partnership, association, corporation, trust or other organized group of individuals, including the city and county or any agency
thereof, which utilizes the services of at least one employee.
Enclosed area, a space bound by walls (with or without windows) continuous from the floor to the ceiling and enclosed by doors, including, but not
limited to, offices, rooms, all space therein screened by partitions which do not extend to the ceiling or are not solid, "office landscaping" or similar
structures or hallways.
Place of employment, any enclosed area under the control of a public or private employer which employees normally frequent during the course of
employment, including, but not limited to, work areas, employee lounges and restrooms, conference rooms and classrooms, employee cafeterias and
hallways. A private residence is not a "place of employment" unless it is used as a child care, adult day care or health care facility.
Private club, a not-for-profit organization incorporated under the laws of the State of Missouri for fraternal or social purposes or for a congressionally
chartered veteran's organization, which has a defined membership and restricts admission to members of the club and their guests. Private club shall not
include an establishment that is generally open to members of the general public upon payment of a fee. A private club shall not be considered a "public
place" except when it is the site of a meeting, event or activity that is open to the public.
Public place, any enclosed or other area to which the public is invited or in which the public is permitted, including, but not limited to, banks,
educational facilities, reception areas, health facilities, laundering facilities, public transportation facilities, production and marketing establishments,
retail service establishments, retail stores, theaters and waiting rooms. A private residence is not a "place of employment" unless it is used as a child care,
adult day care or health care facility.
Restaurant, an eating establishment including, but not limited to coffee shops, cafeterias, sandwich stands and private or public school cafeterias,
which provides food to the public, guests or employers, as well as kitchens and catering facilities in which food is prepared on the premises for serving
elsewhere. The term "restaurant" shall include a bar and lounge area within a restaurant.
Service line, any indoor or outdoor line at which one (1) or more persons are waiting for or receiving service of any kind, whether or not such service
involves the exchange of money.
Shopping mall, an enclosed public walkway or hall area that serves to connect retail or professional establishments.
Smoking, inhaling, exhaling, burning or carrying any lighted or heated cigar, cigarette, pipe or other tobacco product.
Sports arenas, sports pavilions, gymnasiums, health spas, outdoor and indoor swimming pools, outdoor athletic fields, bowling alleys and other
similar places where members of the general public assemble either to engage in physical exercise, participate in athletic competition or witness sporting
events.
(b)
Prohibition of smoking in enclosed places of employment and other public places.
(1)
(2)
It shall be unlawful for any person within an enclosed place of employment to possess lighted or heated smoking materials in any form,
including, but not limited to, the possession of lighted or heated cigarettes, cigars, pipes or other tobacco products.
It shall be unlawful for any person within an enclosed public place, or within any other places hereinafter specified, to possess lighted or heated
smoking materials in any form including, but not limited to, the possession of lighted or heated cigarettes, cigars, pipes or other tobacco
products, including, but not limited to, the following places.
(3)
(c)
a.
Elevators in public buildings.
b.
Restrooms in public buildings.
c.
Libraries, educational facilities, child care and adult day care facilities, museums, auditoriums, aquariums and art galleries.
d.
Any health care facility, health clinic or ambulatory care facilities, including but not limited to: laboratories associated with the rendition of
health care treatment, hospitals, nursing homes, doctor's offices and dentists' offices.
e.
Any indoor place of entertainment or recreation including, but not limited to, gymnasiums, theaters, concert halls, bingo halls, arenas and
swimming pools.
f.
Service lines.
g.
Shopping malls or retail establishments.
h.
Indoor and outdoor sports arenas.
i.
Restaurants, including lounge and bar areas except outdoor dining areas.
j.
Convention facilities.
k.
All indoor public areas and waiting rooms of public transportation facilities, including, but not limited to, bus and mass transportation
facilities.
l.
Any work area used by the public or serving as a place of work.
m.
Every room, chamber, place of meeting or public assembly, including school buildings under the control of any board, council, commission,
committee, including, but not limited to, joint committees, or agencies of the city or county during such time as a public meeting is in
progress, to the extent such place is subject to the jurisdiction of the city.
n.
Rooms in which meetings or hearings open to the public are held, except where such rooms are in a private residence.
o.
Sidewalks, driveways and other open areas within fifteen (15) feet of the entry to any building owned or occupied by any governmental
entity, or within fifteen (15) feet of the entry of any building open to the public; provided, however, that this entryway prohibition shall not
apply within outside dining areas where smoking is permitted or to entries that are located less than fifty (50) feet from another public entry.
It shall be unlawful to dispose of smoking waste, or to place or maintain a receptacle for smoking waste, in an area in which smoking is
prohibited under this chapter.
Responsibilities of proprietors, owners and managers.
(1)
It shall be unlawful for any person having control of a place listed in this chapter knowingly to permit, cause, suffer or allow any person to violate
the provisions of this section. It shall be an affirmative defense to an alleged violation of this subsection that the person having control of a place
has asked that lighted or heated cigarette, cigar, pipe or other tobacco product be extinguished and asked the person to leave the establishment
if that person has failed or refused to extinguish the lighted or heated cigarette, cigar, pipe or other tobacco product.
(2)
A person having control of a place shall clearly and conspicuously post "No Smoking" signs or the international "No Smoking" symbol (consisting
of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) near all entrances where smoking is
prohibited pursuant to this chapter. Such signage shall consist of letters not less than one (1) inch in height.
(3)
It shall be the responsibility of employers to provide smoke-free workplaces for all employees.
(4)
All employers shall supply a written copy of the smoking policy upon request to any existing or prospective employee.
(d)
Declaration of establishment as nonsmoking. Notwithstanding any other provisions of this chapter, an owner, operator, manager other person in
control of an establishment, facility, or outdoor area may declare that the entire establishment facility or outdoor area as a nonsmoking place. No
person shall smoke in places so declared and posted with signs pursuant to subsection (c) herein.
(e)
Exceptions. Notwithstanding any other provisions of this section to the contrary, the following shall not be subject to smoking restrictions of this
section:
(1)
Private residences, not serving as enclosed places of employment or enclosed public places;
(2)
Private clubs;
(3)
Performers on stage in a theatrical production, where smoking is required as a part of a production;
(4)
Private and semiprivate rooms in nursing homes and longterm care facilities which are all smokers and have all requested the management of
the facility to be placed in a room where smoking is permitted;
(5)
Retail establishments in which food is not prepared on the premises and where more than sixty (60) percent of the volume of trade or business
carried on is the sale of tobacco and tobacco related products;
(6)
Cigar bars, provided the entity is in operation on or before the effective date of this section; provided, however, that the smoke does not
infiltrate into areas where smoking is otherwise prohibited;
(7)
Drinking establishments which are in operation on or before the effective date of this section; provided, however, that no smoke infiltrates into
areas where smoking is otherwise prohibited, and further provided that each such drinking establishment has posted in a place visible to the
public from its exterior a certificate of exemption issued by the St. Louis County Department of Revenue pursuant to the County Indoor Clean Air
Act. A copy of such exemption shall also be provided to the city clerk.
(f)
Chapter does not preclude more extensive prohibitions by proprietors, owners or managers. Nothing in this section shall be construed or applied in such a
manner as to interfere with or prohibit a property owner, business operator or public entity, including the city and county, from broadly prohibiting
smoking in areas, at times, or under other conditions which do not fall within the prohibitions established by this section or the County Indoor Clean
Air Act.
(g)
Notice to license applicants. Notice of the provisions of this section shall be given to all applicants for licenses issued by the city pertaining to the use
of property for business or commercial purposes to which the public will be invited or permitted.
(h)
County may issue certificates of exception to qualified drinking establishments.
(1)
(2)
The owner or operator of a drinking establishment which seeks a smoking exemption certificate shall submit his or her signed and notarized
statement, on a form provided by the Director of Revenue of St. Louis County, certifying:
a.
The amount of the drinking establishment's previous annual gross revenue and that food sales from the licensed premises comprised no
more than twenty-five (25) percent if gross sales if both food and beverages during that year and is not reasonably expected to comprise
more than twenty-five (25) percent of gross sales of both food and beverages going forward; or
b.
That the drinking establishment has been operating for less than one (1) year and that the owner or operator reasonably believes that the
annual gross revenue derived from the sale of food consumed on the premises will constitute a maximum of twenty-five (25) of gross
revenue of the establishment going forward.
Any drinking establishment granted an exemption under subsection (ii) above shall submit to the Director of Revenue of St. Louis County, no
more than one hundred (100) days after issuance of a certificate of exemption a signed and notarized statement by the owner or operator
identifying the actual gross revenue and liquor sales for the previous ninety (90) days of operation and copy same to the city clerk. The director
of revenue shall suspend or revoke any certificate of exemption issued under subsection (1)b. above if this certification is not timely provided or
if the certificate fails to demonstrate that the drinking establishment derived a maximum of twenty-five (25) percent of its gross revenue from
the sale of food during that period.
(i)
Enforcement. The department of public safety and its authorized representatives shall enforce this section. Nothing herein shall be construed to limit
the authority of the fire marshal neither to designate additional locations in which smoking shall be prohibited nor to repeal any order of the fire
marshal prohibiting smoking in any location.
(j)
Penalties. Every person who shall be convicted of a violation of the section shall be subject to a fine in accordance with the general penalties
prescribed in section 1-10 of this Code.
(Ord. No. 1571, § 1, 11-23-92; Ord. No. 2563, § 1, 12-13-10)
Editor's note— Ord. No. 1571, § 1, adopted Nov. 23, 1992, repealed § 12-3, pertaining to smoking in certain eating establishments, as derived from Ord.
No. 1419, § 1, adopted Nov. 13, 1989 and provided for the addition of a new § 12-3 pertaining to smoking in public places.
Sec. 12-4. - Prohibition of distribution of tobacco products or cigarette rolling papers to minors.
(a) Definitions. As used in this section, the following terms mean:
Distribute, a conveyance to members of the general public by sale, barter, gift or sample;
Minor, a person under the age of eighteen (18);
Person, an individual, partnership, copartnership, firm, company, public or private corporation, association, joint stock company, trust, estate, political
subdivision, or any agency, board, department or bureau of the state or federal government, or any other legal entity which is recognized by law as the
subject of rights and duties.
Proof of age, a driver's license or other generally accepted means of identification that contains a picture of the individual and appears on its face to
be valid;
Rolling papers, paper designed, manufactured, marketed, or sold for use primarily as a wrapping or enclosure for tobacco, which enables a person to
roll loose tobacco into a smokable cigarette;
Sample, a tobacco product distributed to members of the general public at no cost or at nominal cost for product promotional purposes;
Sampling, the distribution to members of the general public of tobacco product samples;
Tobacco products, any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, or
dipping tobacco;
Vending machine, any mechanical electric or electronic, self-service device which, upon insertion of money, tokens or any other form of payment,
dispenses tobacco products or rolling papers.
(b)
Prohibitions.
(1)
No person shall sell or distribute any tobacco product or rolling papers to any minor. This subsection shall not apply to the distribution by family
members on property that is not open to the public.
(2)
The owner of an establishment at which tobacco products or rolling papers are sold at retail or through vending machines shall cause to be
prominently displayed in a conspicuous place at every display from which tobacco products are sold and on every vending machine where
tobacco products are purchased a sign that shall:
a.
Contain in red lettering at least one-half-inch high on a white background the following: "It is a violation of state law for cigarettes or other
tobacco products to be sold to any person under the age of eighteen;" and
b.
Include a depiction of a pack of cigarettes at least two (2) inches high defaced by a red diagonal diameter of a surrounding red circle, and the
words "Under 18."
(3)
A person selling or otherwise distributing tobacco products, rolling papers or tobacco product samples shall require proof of age from a
prospective purchaser or recipient if an ordinary person would conclude on the basis of appearance that such prospective purchaser or
recipient may be under the age of eighteen (18).
(4)
If a sale is made by an employee of the owner of an establishment in violation of this section, the employee shall be guilty of an offense as
established herein. If a vending machine is in violation of this section, the owner of the establishment where said machine is located shall be
guilty of an offense as established herein. If a sample is distributed by the employee of a company conducting a sampling, such employee shall
be guilty of an offense as established herein.
(c)
(5)
Reasonable reliance on proof of age or on the appearance of the purchaser or recipient shall be a defense of any action for violation of this
section. No person shall be liable for more than one violation of this section on any single day.
(6)
It shall be unlawful for any minor to purchase, cause to be purchased, or in any manner obtain tobacco products or rolling papers, whether in
exchange for monetary consideration or otherwise. This subsection shall not apply to the distribution of same by family members on property
that is not open to the public.
Penalty. Any person found guilty of violating this section shall be punished as provided in section 1-10 of this Code.
(Ord. No. 1571, § 1, 11-23-92)
Editor's note— Ord. No. 1571, § 1, adopted Nov. 23, 1992, repealed § 12-4, pertaining to smoking in retail sales establishments and city facilities, as
derived from Ord. No. 1419, § 1, adopted Nov. 13, 1989 and Ord. No. 1437, § 2, adopted May 14, 1990. Ord. No. 1571 further provided for the addition of
a new § 12-4 pertaining to prohibition of distribution of tobacco products or cigarette rolling papers to minors.
Editor's note— Ord. No. 1571, § 1, adopted Nov. 23, 1992, amended this Code by repealing § 12-5 in its entirety. Formerly, § 12-5 pertained to prohibition
of sales of tobacco products or cigarette wrappers to minors and was derived from Ord. No. 1447, § 1, adopted July 23, 1990.
ARTICLE II. - HEALTH COMMISSIONER
Sec. 12-16. - Definition.
The term "health commissioner" shall mean the director of public works of the city, or the St. Louis County Health Commissioner or any person
designated by either.
(Code 1980, § 225.010)
ARTICLE III. - NUISANCES
Sec. 12-31. - Enumerated.
In addition to any other act declared to be a nuisance by this Code or other ordinances of the city, nuisances are hereby defined and declared to be
as follows:
(1)
Any act done or committed, or suffered to be done or committed, by any person, or any substance or thing kept, maintained, placed or found in
or upon any public or private place which is injurious or dangerous to the public health;
(2)
Any business carried on or pursuit followed or act done by any person to the hurt, injury, annoyance, inconvenience or damage of the public;
(3)
Any slaughterhouse in the city, or within one-half mile from the corporate limits thereof, permitted by the person owning or having charge of the
same to be in such condition as to become offensive, annoying, or injurious to the public health;
(4)
Any pond or pool of unwholesome, offensive or stagnant water upon any premises and any foul or dirty water or liquid when discharged
through any drain, pipe or spout, or thrown into or upon any street, thoroughfare or premises to the injury and annoyance of the public;
(5)
Any privy or private vault kept in such a condition as to emit offensive, noxious or disagreeable odor, and any substance emitting an offensive,
noxious, unhealthy or disagreeable effluvium in the neighborhood where it exists. Any carcass of a dead animal which the owner or keeper
permits to remain within the city limits exceeding twenty (20) hours after death;
(6)
Confining or keeping within the city any animals or fowl in any unclean or filthy pen, shed or other enclosure so as to be a nuisance;
(7)
The keeping of hogs;
(8)
The keeping of horses, mules, sheep, goats, or other livestock animals in or under any dwelling;
(9)
Any cellar, vault, private drain, pool, privy, sewer or sink, upon any premises permitted to become nauseous, foul, offensive or injurious to the
public health;
(10)
Any bawdy house, or building or room to which persons are allowed or permitted by the owner, keeper or occupant to resort for the purpose
of prostitution;
(11)
The abandonment, neglect, or disregard of any premises so as to permit the premises to become unclean, with an accumulation of litter or
waste thereon, or to permit the premises to become unsightly, unsanitary, or obnoxious or a blight to the vicinity, or offensive to the senses of
users of the public way abutting the premises and so to continue for a period longer than ten (10) days;
(12)
The maintenance, within the city of any well or cistern, the water of which is shown by chemical analysis to be of an impure or unwholesome
nature or any unused well or cistern not covered, filled or securely covered;
(13)
Any violation of this Code which, if continued, is liable to endanger, annoy or injure the public; and,
(14)
Every act or thing done or made, permitted, allowed or continued on any property, public or private, by any person, his/her agent or employee,
to the damage or injury of any of the inhabitants of the city.
(15)
Allowing a dead or diseased tree to remain within a distance equal to or less than its height from a power line, structure or impervious surface
such as a street, parking lot, sidewalk or driveway.
(Ord. No. 2038, § 2, 12-11-00)
Sec. 12-31.5. - Outdoor commercial cooking.
(a) Definitions. For the purposes of this section the following definitions shall apply:
Olfactometer. A "Scentometer" or other device used to detect and measure ambient odor dilution of odors.
Outdoor cooking. Any means of cooking or curing food outside the principal building on a lot through the use of heat or smoke, including but not
limited to cooking by barbeque grill and meat smokers.
Particulate matter. Tiny subdivisions of solid or liquid matter suspended in a gas or liquid.
Scrubber. A device used to remove particulate matter from smoke emissions.
(b)
Purpose. These standards and procedures are enacted pursuant to the city's police powers under Section 789.370, RSMo., "to regulate or prevent the
carrying on of any business which may be dangerous or detrimental to the public health" and "pass ordinances for the prevention of nuisances and
their abatement" in order to enhance the public health, safety and welfare, and prevent the entrance of excessive odorous fumes and particulate
matters into the atmosphere and environment of the City of Des Peres, and thereby avoid the creation of nuisances and/or presence of disturbing
odors which can unreasonably disturb the peaceful enjoyment of property.
(c)
Applicability. The provisions of this section shall be applicable to all outdoor cooking activities in all commercial zoning districts by persons and
entities engaged in the sale of food or preparing food for sale.
(d)
Exemption. Outdoor cooking activities conducted by civic, religious and charitable institutions which engage in such activities fewer than six (6) times
per calendar year are exempt from the permitting requirements of this section. The board of aldermen may also waive the requirements of this
section for other infrequent and sporadic outdoor cooking activities associated with charitable or community purposes if the board believes the
frequency, duration, hours of operation, location, surrounding land uses and topography, and other relevant factors make imposition of the
permitting requirements hereinafter provided unnecessary.
(e)
Permit required for outdoor commercial cooking activities. No person or entity that is in the business of selling and/or preparing food, shall engage in
any outdoor cooking activities without first obtaining an annual permit issued by the director of public works, in accordance with the following
standards:
(1)
The application for the permit or renewal shall be made in writing in form and with such information as is required by the director of public
works and an application fee of one hundred dollars ($100.00).
(2)
All applications for an initial permit or a renewal application involving a material change in the nature, duration or frequency of the proposed
activity or the equipment or location to be utilized shall be accompanied by an odor dissipation study performed by an environmental engineer
or other person qualified to complete such a study. An odor dissipation study must consider the following:
(3)
(f)
a.
The density and proximity of residential districts to the proposed site of the outdoor cooking activities;
b.
Prevailing wind patterns, atmospheric conditions and natural barriers such as trees and structures that will affect where and how far odors
travel;
c.
The proximity to existing permitted outdoor cooking activities and the potential effect of cumulative odors;
d.
The character and strength of the odor;
e.
The character and density of any particulate matter that would be produced;
f.
The frequency and duration of intended outdoor cooking activities;
g.
The results of any odor measurements taken utilizing an olfactometer or any other device commonly used to detect the strength of odors;
and
h.
The effect of any proposed mitigating device or practice, such as the use of scrubbers.
In considering an application for an initial permit or a renewal application involving a material change in the nature, duration or frequency of the
proposed activity or the equipment or location to be utilized, the director of public works shall consider the findings of the odor dissipation
study, and shall refer the application to the fire marshall for analysis as to whether the proposed activity and equipment complies in all respects
with best practices in fire prevention and control. In addition, and for renewal applications, the director shall also consider any other factors
pertinent to the permit application such as the proximity of other land uses, topography of the area, the potential effect of siting and operation
of the proposed facility on traffic, parking and public safety, demands on public services, the availability and proximity of cleaning and drainage
facilities, and any other circumstances which the director may find relevant in light of the nature, duration and frequency of the proposed activity
and existing uses and structures in the vicinity. The director may also condition the issuance of a permit on compliance with any requirements or
recommendations of the fire marshall, and/or require the installation of mediation devices such as smoke scrubbers, if the director believes such
conditions or devices will assist in ameliorating foreseeable adverse consequences of the proposed outdoor cooking activity. For renewal
applications the director shall also consider the manner in which the permitted facility has been operated in the past, whether the permittee has
consistently complied with all applicable standards and conditions and operated the permitted facility in a clean and healthful manner, and
whether the permitted activity has intruded upon the peaceable enjoyment of nearby properties or caused unreasonable particulate or odor
pollution.
Safety standards.
(1)
Outdoor cooking devices shall be constructed from non-combustible materials and shall be securely affixed to the ground at all times they are
maintained outside so as to protect against high winds and inclement weather conditions.
(2)
The areas surrounding any outdoor cooking device shall be kept in a sufficient state of cleanliness at all times and so as not to attract vermin,
insects or other unwanted creatures and avoid litter. Provision shall be made for the capture, collection and removal of ash, drippings, bits of
food, and other detritus associated with cooking process in such a manner that they do not fall upon the ground.
(3)
Any outdoor cooking device shall be surrounded by guardrails, or other appropriate measures must be taken, to protect against injury, theft or
vandalism. In the event that an outdoor cooking device is subjected to graffiti or otherwise vandalized, the owner shall take immediate steps to
remove same and remedy the situation. No signs or banners of any kind (other than a discrete manufacturer's name plate and technical data)
may be affixed on or to the cooking device or surrounding equipment unless approved as part of the sign regulations for the site or otherwise in
compliance with the city's sign regulations.
(4)
Outdoor cooking devices shall not be located in any one (1) or more marked parking places on the permit holder's property if to do so will reduce
the number of parking spots provided to the permit holder's customers to a number below that required by the city's Code of Ordinances.
(5)
Nothing in this section removes the requirement that construction and/or placement of an outdoor cooking device complies with all applicable
fire and building codes.
(g)
Revocation of permit. If in the opinion of the director of public works an outdoor cooking device is operated in a manner that is detrimental to the
area by allowing unreasonable, excessive, prolonged, or disturbing odor or smoke so as to unreasonably disturb any person or property, the
director, may revoke or amend the permit to operate the outdoor cooking device and abate the nuisance created thereby in accord with the
procedures of this article. Any person or entity aggrieved by any determination of the director of public works pursuant to this section may appeal
the director's decision to the city administrator by filing with the city administrator a written request therefor stating wherein and why the director's
decision is in error and specifying the facts in support of the appellant's position within five (5) days of the director's decision. Judicial review of the
city administrator's decision may be had by filing a petition therefor pursuant to Chapter 536, RSMo., in the Circuit Court for St. Louis County,
Missouri, within ten (10) days of the manager's decision.
(h)
Penalty for violations. Any person or entity found to have violated the provisions of this section shall be subject to the general penalty provisions set
forth in section 1-10 of the City of Des Peres Municipal Code.
(Ord. No. 2616, § 1, 5-14-12)
Sec. 12-32. - Creation or maintenance prohibited.
No person shall permit, cause, keep, maintain or create within the city any nuisance, as defined by state laws or city ordinances.
Sec. 12-33. - Notice to persons causing or maintaining; available remedies.
(a) If the director of public works has reason to believe that a nuisance is being maintained within the city, the director shall notify the person causing,
maintaining or permitting the same to forthwith remove, terminate or abate such nuisance within a reasonable time as determined by the director
after consideration o the nature of the nuisance and the actions necessary to remedy the situation. Such notice shall be given by first class United
States mail or by posting a copy thereof on the property involved, and shall include a statement of the condition constituting such nuisance and
those actions necessary to remove, terminate or abate same.
(b)
Should the person so notified fail to remove, terminate or abate such nuisance within the time specified by the director, the director may cause the
same to be promptly removed, terminated or abated and thereafter certify the cost of such corrective action to the city clerk, who shall cause a
special tax bill to be issued in that amount against the property from which the nuisance was removed, terminated or abated, the same to be
collected by the city collector with other taxes assessed against the property. The special tax bill shall be a first lien against the property until paid
and shall be prima facie evidence of the recitals thereof and of its validity. No mere clerical error or informality in such lien or in the proceedings
leading to its issuance shall be a defense thereto. As a part of the cost associated with the removal, termination or abatement of such nuisance, the
special tax bill shall include a charge of two dollars ($2.00) for inspecting the property and the service of notice as provided herein, and a further
charge of fifty cents ($0.50) for issuing and recording the tax bill. Such tax bill shall bear interest at the rate of six (6) percent per annum if not paid
within thirty (30) days after issuance.
(c)
Nothing in this section shall limit the right of the city or the director of public works to seek any other remedy available under the provisions of this
chapter or provided elsewhere in this Code in addition to or in lieu of the remedy specified herein.
(Code 1980, § 225.110; Ord. No. 1228, § 1, 12-8-86)
Sec. 12-34. - Complaint against persons failing to abate.
The city may file charges in the municipal court against any person who fails to remove or abate a nuisance, whether the notice required by this
article has been served or not.
(Ord. No. 2697, § 1, 6-9-14)
Sec. 12-35. - Hearing on complaint—Jurisdiction.
(a) Following a complaint of a nuisance under section 12-34 the municipal judge shall summon the owner or occupant of the property before him/her to
answer the complaint.
(b)
The municipal judge shall have jurisdiction of the case and proceed in all respects as in other cases of violation of this Code.
Sec. 12-36. - Same—Failure to obey notice, etc.
It shall be unlawful for any person, or any officer, agent, or employee of any corporation, within this city, to cause or maintain any nuisance defined in
this article, or in any other ordinance of this city, and it shall be unlawful for any person to fail or refuse to abate or remove the same within the time
required and specified in the notice of the director of public works. Upon conviction, such person shall be punished as provided in section 1-10, and every
day such nuisance is maintained after such notice shall constitute a separate and distinct offense.
Sec. 12-37. - Civil action to abate nuisances.
In addition to any other remedies or penalties established in this article, the director of public works may, on behalf of the city and after approval by
the board of aldermen, apply to a court of competent jurisdiction for such legal or equitable relief as may be necessary to require the abatement of any
nuisance defined by this article. In such action the court may grant such legal or equitable relief, including, but not limited to, mandatory or prohibitory
injunctive relief, as the facts may warrant. Upon the successful prosecution of any such action, the city may be awarded by the court reasonable attorneys
fees in accordance with section 79.383 of the Revised Statutes of Missouri.
(Ord. No. 1619, § 1, 8-23-93)
ARTICLE IV. - LITTERING
Litter shall mean any organic or inorganic waste material including paper, rubbish, garbage, trash, hulls, peelings, debris, grass, weeds, leaves, ashes,
sand, gravel, wood, metal, plastic and glass containers or broken glass, dead animals or intentionally or unintentionally discarded materials of every kind
and description.
Public or private property means the right-of-way of any road or highway, any body of water including creeks, any park, playground, conservation or
recreation area owned by the city or any other governmental jurisdiction, common ground in subdivisions, timberland or forests and any private property
not owned by the individual(s).
(Ord. No. 2336, § 3, 8-8-05)
Sec. 12-42. - Prohibition on littering public or private property.
It shall be unlawful for any person or persons to dump, deposit, throw or leave or cause or permit the dumping, depositing, placing, throwing or
leaving of litter on any public or private property or within any body of water located within the city unless:
(1)
The property is designated by the city or other public agency as the designated location for disposal of such litter and such person is authorized
by the proper public authority to use such property;
(2)
The litter is placed into a suitable receptacle or container installed on such property for that purpose;
(3)
The person is the owner or tenant in lawful possession of such property or has first obtained consent of the owner or tenant unless the act is
done under the personal direction of the owner or tenant in a manner consistent with the public health, safety and welfare.
(Ord. No. 2336, § 3, 8-8-05)
(a) Whenever litter is thrown, deposited, dropped or dumped from any motor vehicle in violation of this article, it shall be prima facie evidence that the
operation of the motor vehicle is responsible and has violated this article.
(b)
Whenever any litter which is dumped, deposited, thrown or left on any public or private property is discovered to contain any article or articles
including but not limited to letters, bills, publications or other writing which display the name of the person thereon in such a manner as to indicate
that the article belongs or belonged to such person, it shall be a rebuttable presumption that such person has violated this article.
(Ord. No. 2336, § 3, 8-8-05)
Chapter 13 - LICENSES, PERMITS AND MISCELLANEOUS BUSINESS REGULATIONS[1]
Sec. 13-1. - Licensing power.
When in an ordinance or section of this Code anything is prohibited from being done without the license or permission of a certain officer or board,
such officer or board shall have the power to license or permit such things to be done.
(Code 1980, § 105.050)
ARTICLE II. - BUSINESS, OCCUPATIONS AND MERCHANTS[2]
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context
clearly indicates a different meaning:
Annual gross receipts shall mean gross receipts during the calendar year preceding each license year.
Business or occupation shall mean any person, his/her lessees and his/her trustees or receivers appointed by any court whatsoever engaged in any
business, occupation, pursuit, profession or trade or in the keeping or maintaining of any institution, establishment, articles, utility or commodities
specified in this Code within the city; except as may be otherwise provided by this Code.
Collector shall mean the collector of the city.
Fee shall mean that sum of lawful money of the United States of America required to be paid to the city by any merchant, business or occupation for
a license before commencing business as such.
Gross receipts shall mean the aggregate amount of all sales, transactions, fees, commissions, rental and leasing fees and shall include the receipt of
cash, credits and property of any kind or nature without any deductions therefrom on account of the cost of any items sold, the cost of any materials
used or of any labor, service costs, interest paid or payable or any losses or any other expenses whatsoever; provided, however, that the following shall
be excluded from any computations of gross receipts if the books of accounts segregate the amount so as to reflect such exclusions:
(1)
Receipt of taxes levied by the state and federal governments collected by the seller;
(2)
Receipts from sales, goods, wares, merchandise or other personal property for delivery outside the state to nonresidents of the state;
(3)
Receipts of traded merchandise recorded as cash receipts and resold and recorded as a sale upon such resale;
(4)
Resale of like items with other dealers not for profit;
(5)
International sales within the organization of the seller;
(6)
Such part of the sales price of goods, wares, merchandise or personal property returned by the purchaser as is and refunded either in cash or by
credit;
(7)
Receipts of refundable deposits except that portion of refundable deposits forfeited and taken in the gross receipts of the seller;
(8)
Receipts for sales of beer and intoxicating liquors and nonintoxicating beer provided such sales are subject to a license fee of the city and the
license fee has been paid pursuant to the provisions of this Code;
(9)
Receipts for sale of gasoline for highway use;
(10)
Outside or contract labor paid to others for the installation or service of merchandise sold.
License year shall mean a period of twelve (12) calendar months beginning on July 1 in each year, commencing with the year 1967, or, in the case of
those businesses established subsequent to July 1, at the beginning of doing business and shall end on the following thirtieth day of June.
Merchant shall mean every person doing business in the city who shall make any sales, wholesale or retail, of any goods, wares or merchandise from
any store, stand or place occupied for that purpose in the city, whether such sales shall be accommodation sales or whether made from stock on hand or
ordering goods from another source. The word shall be construed to include merchants of all kinds, including those selling consigned merchandise.
Sales shall mean the total price of merchandise sold whether retail or wholesale or the combination of the two (2).
(Code 1980, § 605.010; Ord. No. 1243, § 1, 2-10-87)
No person coming within the definitions of a merchant, business or occupation shall do or offer to do business in the city without first having made
application for, procured and paid for a license to do so as required by this article.
(Code 1980, § 605.020)
Sec. 13-28. - License fee for merchants.
All merchants as defined in this article shall pay to the city an annual merchant license tax or fee based upon each one thousand dollars ($1,000.00),
or portion thereof, of gross receipts as follows:
One dollar and twenty-five cents ($1.25) for each one thousand dollars ($1,000.00) in gross receipts per year. Provided, however, that the minimum
merchant license tax shall be one hundred dollars ($100.00) per year or portion thereof.
(Code 1980, § 605.240; Ord. No. 1243, § 2, 2-10-87; Ord. No. 2351, § 1, 1-23-06)
Sec. 13-28.1. - License tax for outdoor advertising.
(a) The term "outdoor advertisement," as used in this chapter, shall mean any off premises, commercial, outdoor sign, display, device, figure, painting,
drawing, message, plaque, poster, billboard, or other thing designed, intended or used to advertise or inform, any part of the advertising or
information contents of which is visible from any point of the traveled ways of the roadways within the city.
If the structure of any such outdoor advertisement shall contain more than one (1) outdoor advertisement within its structure, then each such
outdoor advertisement shall be considered an individual outdoor advertisement for purposes of this chapter.
(b)
All owners and operators of outdoor advertisements, as defined in this chapter, and except as otherwise provided by ordinance, shall pay to the city,
for each outdoor advertisement owned and/or operated by same, one hundred dollars ($100.00) per each one thousand dollars ($1,000.00), or part
thereof, of annual gross receipts of each respective outdoor advertisement as and for an annual outdoor advertisement license tax or fee, at such
times as are provided in this chapter; provided however, that the minimum outdoor advertisement license tax or fee shall be five hundred dollars
($500.00).
(c)
The city hereby suspends collection of any such business license fee for outdoor advertising signs in excess of those fees permitted under section
89.320, RSMo. 1997 for such time as the city may lawfully have in place regulations more stringent than those established under section 226.540,
RSMo. 1997.
(Ord. No. 1819, § 1, 1-13-97; Ord. No. 1861, § 2, 9-8-97)
Sec. 13-29. - Licenses for businesses and occupations.
(a) All businesses and occupations, except as otherwise specified herein, shall pay an annual business license tax or fee levied or payable on each
square foot of space occupied by the business of twenty cents ($0.20) per square foot provided that no business shall pay less than one hundred
dollars ($100.00) per year or portion thereof.
(b)
All businesses or occupations specified herein shall pay a business license fee per year or portion thereof, as follows:
Adult oriented businesses .....$5,000.00
per year
Amusement park, miniature golf courses, driving ranges, golf courses and similar amusements .....500.00
per year
Animal or pet hospital .....500.00
per year
Auctioneers and estate sales .....50.00
per day
Boxing, wrestling or similar exhibitions conducted for profit .....2,000.00
per day
Business school .....3,000.00
per year
Circuses, street fairs, exhibitions and carnivals for profit and not for educational or charitable purposes .....100.00
per day
Coin operated devices not otherwise specifically provided for .....15.00
per year
per device
Contractors, general and subcontractors in building contracting and construction who do not have a place of business located in Des Peres
.....100.00ௐper year
Contractors storage yard .....1,000.00
per year
Dances, public or theatrical, except those conducted for charity or educational purposes .....50.00
per day
Fortunetellers, spiritualists, clairvoyants, mediums palmists and horoscopic viewers .....5,000.00
per year
Home occupations .....50.00
per year
Hospitals .....1,000.00
per year
Kennels and grooming parlors .....1,000.00
per year
Landscaping services located in Des Peres .....100.00
per year
Manufacturers representatives .....50.00
per year
Nursing homes and assisted living centers .....1,000.00
per year
Pawnshops, payday loan and similar businesses .....2,500.00
per year
Pinball machines, video games and similar devices .....25.00
per year
per device
Swimming pools (public) .....1,000.00
per year
Trash and garbage haulers .....100.00
per year
Welding and blacksmith shops .....500.00
per year
(Code 1980, § 605.250; Ord. No. 1243, § 3, 2-10-87; Ord. No. 2351, § 2, 1-23-06)
Sec. 13-30. - Determination of license fees.
(a) Flat fee. Every merchant, business or occupation in the city except as otherwise provided by this Code shall pay within fifteen (15) days after the
beginning of each license year an annual license fee in the sum of the flat fee specified in this article and none of the foregoing license fees shall be
prorated for less than a full year. Such fees shall be due and payable at the time of commencing of operations or business in the city by any business
or occupation and thereafter within fifteen (15) days after the beginning of each license year.
(b)
Fee based on gross receipts. Every merchant, business or occupation in the city is required to pay a license fee based on the gross receipts except as
provided for in this or any other section of the Code. Such merchant, business or occupation shall pay an annual license fee based on the actual
gross receipts of such merchant, business or occupation for the calendar year preceding the license year. Any merchant, business or occupation
commencing operations or business in the city during any license year shall pay at the time of such commencement a license fee based on estimated
gross receipts for the remainder of the calendar year which shall be filed by such merchant, business or occupation at or before the time of
commencement of operations or business and the merchant, business or occupation shall, within fifteen (15) days after the end of such fractional
license year, file an estimated return for the ensuing license year and pay at that time a license fee based on such estimate; provided, however, that,
within one (1) month after the end of each calendar year of estimated gross receipts, such merchant, business or occupation shall file a statement of
actual gross receipts and shall pay an additional tax, if any, based on the actual gross receipts; provided, however, that any payment of a license fee
based on estimated or actual gross receipts which shall be in excess of the amount due to the city shall not be refunded, except in case of cessation
of operations or business, but shall be applied as a credit for the license fee for the ensuing year.
(Code 1980, § 605.040)
Sec. 13-31. - Payment of license fees.
All license fees, except as may be otherwise provided for by this article, shall be due and payable on or by the fifteenth day of the first month of the
license year.
(Code 1980, § 605.110)
Sec. 13-32. - Statement when license fee based on annual gross receipts.
Each person for whom a license tax is provided in this article, the amount of which license tax is to be computed upon the annual gross receipts of
such person, shall furnish the city, prior to July 1 of each year, a correct statement in writing of the amount of such annual gross receipts, which
statement shall not be made public nor used by the city except for the purpose of establishing a correct basis for fixing and collecting the amount of the
license tax provided in this article and except for the purpose of prosecuting violations of this article. All books and accounts showing such annual gross
receipts shall be open to the inspection of the city officials charged with the duty of issuing the license provided in this article and collecting for the same.
The issuance of any such license may be withheld until all the requirements have been fulfilled. Such statement shall be verified by the affidavit of the
merchant, business or occupation or officer thereof making it, if residing within the city or, if not a resident, then by some credible person duly authorized
to do so.
(Code 1980, § 605.150)
Sec. 13-33. - Payment of other obligations prerequisite to issuance of license.
No license shall be issued to any merchant, business or occupation until all financial obligations including personal property taxes, other license fees,
permit fees, or inspection fees required to have been paid by such merchant, business or occupation to the city have been paid.
(Code 1980, § 605.170)
Sec. 13-34. - Copies of state sales tax return.
Each licensee or applicant for license under the provisions of this article who was required to file a sales tax return with the state, shall, upon demand
by the collector or his duly authorized deputies, file with the city collector or his duly authorized deputies a verified copy of any state sales tax return
made by such licensee or applicant within a period of three (3) years preceding such demand. Refusal or failure to comply with the provisions of this
section shall be deemed cause for revocation of any license previously issued or for refusal to grant any license applied for.
(Code 1980, § 605.160)
Sec. 13-35. - Maintenance and inspection of records.
Each merchant, business or occupation in the city required to pay a license fee based on gross receipts shall keep proper books of account or record
and shall enter within, in ink, an account of all gross receipts of such merchant, business or occupation, which records shall always be open to inspection
by the city collector or his/her deputy or any certified public accountant employed by the city for the purpose of auditing or examining the books or
records of any licensee or any applicant for any license for the purpose of determining the truthfulness or accuracy of any statements made by the
applicant in his/her application for license or in the payment of the license tax provided for by this article.
(Code 1980, § 605.140)
Sec. 13-36. - False statements.
No person shall make a false statement in his/her application for any merchant's, business or occupation license as to his/her gross annual business
or gross annual receipts or as to any other condition or factor upon which the license fee or the granting of the license is or shall be based.
(Code 1980, § 605.030)
Sec. 13-37. - Notification of sale or lease of portion of premises.
Any merchant, business or occupation who shall sell or lease any portion of its stand, store or place of business to another whose gross receipts will
not be included in the return of the lessor shall report the fact of such sale or lease together with the name and address of the purchaser or lessee in
writing to the city collector. Such report shall be made within five (5) days after such purchaser or lessee has taken possession and shall include a general
description of all goods, commodities or ware dispensing devices installed in the premises by such purchaser or lessee.
(Code 1980, § 605.080)
Sec. 13-38. - Clerk or attendant required when open for business; penalty.
(a) Every business conducted within a structure or building in the city shall have at all times that any business is open to the public, a duly qualified clerk
or attendant on the premises in which the business is conducted and in charge thereof who shall keep such premises free of litter and prevent
loitering and disorderly conduct therein or thereabout.
(b)
Any person, firm or corporation violating any of the terms or provisions of this section shall be deemed guilty of a misdemeanor and upon conviction
therefor shall be punished as provided in section 1-10 of this Code.
(Code 1980, § 605.260, 605.270)
Sec. 13-39. - Responsibilities of corporate officers.
Any act or duty required or authorized to be performed under the provisions of this article by any corporation shall, in addition, be the responsibility
of the president of such corporation and of any other person duly authorized by such corporation to perform such act or duty. Such president or other
authorized person shall be personally subject to all penalties provided for violation of such applicable provisions of this article as may relate to such acts
or duties.
(Code 1980, § 605.190)
Sec. 13-40. - Authorization of deputies and agents.
Any act or duty required or authorized to be performed under the provisions of this article by any officer or agency of the city may be performed by
any duly authorized agent or deputy of such officer or agency.
(Code 1980, § 605.180)
Sec. 13-41. - Separate license for each place of business; change of address.
Every merchant, business or occupation shall procure a separate license for each stand, store or place of business conducted, operated or
maintained by such merchant, business or occupation for which a license is required. Each and every merchant, business or occupation shall notify the
city collector of any change of address within seven (7) days of such change.
(Code 1980, § 605.070)
Sec. 13-42. - Issuance of license to more than one person.
A license may be issued to two (2) or more persons engaged in any joint enterprise or joint venture the same as to a single person and for the same
fee, except as may be otherwise specifically provided for.
(Code 1980, § 605.050)
Sec. 13-43. - License; nontransferable.
No license shall be assigned or transferred.
(Code 1980, § 605.060)
Sec. 13-44. - Form and validity of license.
All licenses and applications therefore shall be in such form as may be prescribed by the city clerk who shall receive the applications and issue the
licenses, except as may be otherwise provided by the Code. No license shall be valid for any purpose unless it has been signed by the city clerk and shall
have the corporate seal of the city affixed thereto.
(Code 1980, § 605.090; Ord. No. 2411, § 1, 6-11-07)
Sec. 13-45. - Binding of license forms; use of stubs and margins to record license tax and other information.
The license form, as may be prescribed by the city collector shall be bound in book form with suitable margins or stubs on which shall be made and
entered the sworn statements required by this article. There shall also be entered upon the margins or stubs the amount of license tax collected in
accordance with the statements so made, the nature of the business for which issued, date of issue, to whom issued and the address for which issued.
Upon issuance of the license by the city collector, the margins or stubs shall be returned with the city collector's statement of the items and the aggregate
amount collected to the city treasurer, who shall examine and compare the same and charge the aggregate amount collected to the account of the city
collector.
(Code 1980, § 600.100)
Sec. 13-46. - Display of license.
Each license granted by the city shall be carefully preserved and shall be displayed in a conspicuous place in the place of business authorized to be
conducted by the license.
(Code 1980, § 605.120)
Sec. 13-47. - Obtaining copy of license.
Any person licensed under the provisions of this article desiring for any purpose to obtain a copy from the city clerk may do so upon payment of the
sum of one dollar ($1.00).
(Code 1980, § 605.130)
Sec. 13-48. - Grounds for revocation.
(a) Any license issued by the city under the provisions of this article may be revoked for any of the following reasons, in addition to any other reason
specified in this article:
(1)
Any failure to comply with or any violation of any provisions of this article by any licensees;
(2)
Violation of the terms and conditions upon which the license was issued;
(3)
Violation of any section of this Code of regulating the business activity or thing licensed;
(4)
Failure of licensee to pay any tax or obligation due to the city and referred to in section 13-33;
(5)
Illegal or improper issuance of the license;
(6)
Any misrepresentation or false statement in the application for such license;
(7)
Causing, maintaining or assisting in the cause or maintenance of a nuisance, whether public or private. For the purpose of this article, a nuisance
shall mean anything done to the annoyance or hurt of the lands, tenements or hereditaments of another.
By hurt or annoyance, there is meant not a physical injury necessarily, but an injury to the health, comfort or welfare of the owner or possessor
of the property as respects his possession or enjoyment of his/her property.
(b)
Revocation of any license shall be in addition to any other penalty or penalties prescribed in this article.
(Code 1980, § 605.200)
Sec. 13-49. - Procedure for revocation.
In any case in which complaint shall be made to the board of aldermen that cause exists for the revocation of a license issued under the provisions of
this article, the following procedure shall govern:
(1)
The board of aldermen shall set a hearing to consider the question of revocation.
(2)
At least ten (10) days prior to the hearing, written notice shall be mailed to the licensee at his/her last known address as shown in the records of
the city clerk, advising the licensee of the time and place of the hearing and of the reason for considering the revocation of his/her license.
(3)
During the pendency of this hearing before the board of aldermen, the licensee shall be permitted to continue the operation of his/her business.
(4)
At the hearing set by the board of aldermen, the board of aldermen shall hear all relevant evidence justifying the revocation of the license and all
relevant evidence justifying the retention of the license.
(5)
The affirmative vote of a majority of a quorum of the board of aldermen shall be necessary to revoke any license.
Sec. 13-50. - Penalties.
(a) Delay in payment. All license fees provided for in this article or any amendment thereto shall be deemed delinquent if not paid on the date due and
payable and any merchant, business or occupation so delinquent in the payment of such license fee shall be required to pay to the city an additional
ten (10) percent of the amount due for the first month or part thereof of such delinquency and one (1) percent for each additional month or part
thereof, that such delinquency shall thereafter continue, in addition to any other penalty prescribed by this Code.
(b)
False statements causing reduction in payment. Any merchant, business or occupation making a statement in his application for a license under this
article showing the annual gross receipts in an amount less than the true amount thereof or making a false statement as to any other condition or
factor upon which the license fee is or shall be based, the effect of which would be to reduce the amount of such license fee, shall pay to the city the
additional amount of license fee found to be due, plus a penalty of twenty-five (25) percent of such additional amount plus one (1) percent per month
or fraction thereof on such additional amount from the date when the original license fee becomes due and payable, in addition to any other
penalties prescribed in this article.
(c)
Noncompliance or violation deemed misdemeanor. In addition to any other penalties imposed by law or this article, any person, who fails to comply
with or who violates any provisions of this article shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to
punishment as provided in section 1-10 of this Code.
(Code 1980, § 605.220)
Sec. 13-51. - Excepted businesses and occupations.
The provisions of this article shall not be applicable to any nonprofit organization, association or establishment nor to any business, occupation,
pursuit, profession or trade which the city may be prohibited by law from licensing or regulating.
(Code 1980, § 605.230)
Sec. 13-52. - Workers' compensation insurance required.
No business or occupational license required under the provisions of this chapter shall be issued to any person, firm, corporation or business
required to have workers' compensation coverage under chapter 287, RSMo. 1986, as amended, unless a certificate of insurance for workers'
compensation coverage is provided to the city. Issuance of a business or occupational license shall not be construed to insure or guarantee to any person
that a licensee has or will maintain workers' compensation insurance coverage. The city shall not be liable to any person for any reason if a licensee fails
to have or maintain such insurance or fails to provide such coverage to one (1) or more individuals. Pursuant to the provisions of S.B. 251 of the 87th
Missouri General Assembly, nothing contained in this section shall be construed to create or constitute a liability to or by, nor a cause of action against,
the city in regard to the issuance or nonissuance of any license for failure to provide evidence of workers' compensation coverage.
(Ord. No. 1620, § 1, 8-23-93)
Sec. 13-53. - No tax due affidavit from State of Missouri.
No license provided under this chapter for the sale of goods or services by retail may be issued by the city clerk to any person or entity until the
proposed licensee produces a copy of a retail sales license issued by the State of Missouri and produces an affidavit or statement from the Missouri
Department of Revenue that the licensee owes no taxes due under Section 144.010 thru 144.510 or Sections 143.191 thru 143,261, RSMo. The statement
that no tax is due shall be dated no longer than ninety (90) days prior to the date of submission of the application or renewal of the city license.
(Ord. No. 2497, § 1, 1-26-09)
DIVISION 2. - AUCTIONS AND AUCTIONEERS
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
Auction crier shall mean an individual who sells or offers to sell by public outcry to the highest bidder any of the property described in the license
application in any building, street, alley or other place in the city whether it is exempt from auction duty or not.
Fill-in stock shall mean merchandise added to the stock on hand with the intention of selling it at public auction.
Public auctioneer shall mean any person who shall arrange for the disposal of any goods, wares, merchandise, fruits, stocks, bonds and other
securities, livestock or other personal property or any real estate or interest therein in any building or in any of the streets or alleys or in any other place
in the city at public offering to the highest bidder when the bids are called for, either in person or by duly employed and licensed auction criers where any
and all persons who choose are permitted to attend and offer bids; or any person who shall advertise as a public auctioneer or in any way hold
himself/herself out as such for public patronage or who shall receive fees or a commission for his/her services as such.
Stock on hand shall mean any merchandise that a merchant usually and ordinarily carries throughout the year. It does not include merchandise
purchased or otherwise acquired especially and purposely for sale at public auction.
(Code 1980, § 605.290A)
Sec. 13-67. - License as public auctioneer required.
It shall be unlawful for any person to sell, dispose of or offer for sale at public auction within the city or cause or permit to be sold, disposed of or
offered for sale at public auction within the city or in any other manner to carry on the business of selling at public auction any property, whether the
same shall be his own property or the property of others, without first complying with the provisions of this section and obtaining a license as a public
auctioneer; provided that, this section shall not apply to a judicial sale made by executors or administrators or auction sales conducted solely by duly
incorporated charities where the proceeds are to be used entirely for charitable purposes and where all merchandise sold shall have been donated
under conditions that would qualify the donation thereof for deduction as a charitable contribution of the United States income tax return of the donor
thereof; nor to any auctioneer who does not maintain a business office in the city.
(Code 1980, § 605.290B)
Sec. 13-68. - Application for license as public auctioneer.
Any person desiring to dispose of any property by public auction shall make a written application to the city clerk and incorporate in this application
the following particulars:
(1)
Name and address of applicant; provided, that firms, corporations and associations shall give place where organized or incorporated;
(2)
Length of time applicant has been a resident of the state;
(3)
Length of time applicant has been in business in the city as a licensed public auctioneer or a licensed auction crier or retail or wholesale
merchant of any property;
(4)
Time and place of any public auction sales applicant may have conducted in the city within two (2) years prior to date of application;
(5)
Names and addresses of persons in applicant's regular employ whom he/she desires to be licensed as his/her auction criers;
(6)
General description of goods, wares and merchandise to be disposed of a public auction and the name and address of the owner of such goods,
wares and merchandise;
(7)
Streets and numbers where auctions are to be held;
(8)
Oath or affirmation to the truth of the statements made in the application.
(Code 1980, § 605.290C)
Sec. 13-69. - License fee for public auctioneer.
The fee for auctioneers shall be as set forth in the schedule in section 13-29.
(Code 1980, § 605.290K)
Sec. 13-70. - Bond required of public auctioneer.
Before any license shall be issued to a public auctioneer, the applicant shall tender a bond in the sum of three thousand dollars ($3,000.00) payable
to the city, conditioned that the principal thereon shall pay all losses and damages which may lawfully be claimed against the applicant on account of any
material misrepresentations of fact or belief or any suppressions of fact made by the applicant or his auction criers concerning any property sold at
public auction and any and all losses and damages resulting from a violation of the provisions of this section. The bond shall be signed by one (1) or more
sureties, at least one (1) of whom shall be a surety company authorized to do business in the state.
(Code 1980, § 605.290E)
Sec. 13-71. - License as auction crier required.
It shall be unlawful for any person during the course of any public auction of any property to act as auction crier and sell, offer to sell, ask or solicit
bids by public outcry without first obtaining a personal license as an auction crier; provided, that no person shall be licensed as an auction crier except
upon the written application of a duly licensed public auctioneer.
(Code 1980, § 605.290F)
Sec. 13-72. - Application for license as auction crier.
Before any license shall be issued to an auction crier, he/she shall make written application for same to the city clerk giving his/her name and address
and business or occupation during the year preceding his/her application and shall make oath or affirmation to the truth of the statements in his/her
application. This application must be signed by the public auctioneer regularly employing such applicant as auction crier.
(Code 1980, § 605.290G)
Sec. 13-73. - Issuance of license as auction crier.
Whenever an applicant shall present an application to the city clerk under the provisions of this division signed as required and giving the
information described in section 13-72, together with such other information as the city clerk may require, and pay the license fee, and if the city clerk
shall be satisfied as to applicant's qualifications and moral character he/she shall issue to the applicant a license as an auction crier for the public
auctioneer signing his/her application. Any person licensed as an auction crier shall be prohibited from acting as an auction crier for any other public
auctioneer without first taking out a new license for that purpose.
(Code 1980, § 605.290H)
Sec. 13-74. - Issuance of licenses, generally.
Whenever the applicant has been a resident of the state one (1) year next prior to the date of application and has been continuously engaged in
business in the city as a licensed public auctioneer or as a licensed auction crier or as a retail or wholesale merchant of any property for such period and
shall present an application giving the information required, together with such other information as the city clerk may require, and shall pay the license
fee and give an approved bond as prescribed in this division, the city clerk shall issue to the applicant a license to carry on the business of public
auctioneer and may also issue licenses as auction criers to such persons named in such application as have otherwise complied with the provisions of
this section.
(Code 1980, § 605.290D)
Sec. 13-75. - Reports to city clerk.
Every public auctioneer shall from time to time, and as far in advance as practicable, notify the city clerk of auction sales giving a general description
of the property to be sold, where the sale is to be held and the names and addresses of the parties for whose accounts the property is to be sold.
(Code 1980, § 605.290J)
Sec. 13-76. - Authority of city clerk to inspect property.
The city clerk may inspect and investigate any part or all of any property coming within the purview of this section either before or after issuing the
public auctioneer's license in order to determine the truth of any representations made by the original applicant or any of his/her auction criers.
(Code 1980, § 605.290L)
Sec. 13-77. - Display of public auctioneer's flag required.
No auction sale shall be conducted unless a red flag bearing the name and address of the public auctioneer conducting the sale shall be on display in
a prominent place in front of the building where the sale is conducted.
(Code 1980, § 605.290I)
Sec. 13-78. - Hours of auction.
It shall be unlawful to conduct any such auction before the hour of 10:00 a.m. or to continue the same after nightfall and it shall be unlawful to
conduct any auction on the first day of the week commonly called Sunday or on any national holiday.
(Code 1980, § 605.290S)
Sec. 13-79. - Invoice to be given to purchaser.
It shall be the duty of the person whose property is being sold at auction to give every purchaser of an article, the selling price of which amounts to
the sum of two dollars and fifty cents ($2.50) or more, an invoice containing a full description of the article, its selling price and a statement giving each
and every warranty under which the article was sold.
(Code 1980, § 605.290P)
Sec. 13-80. - Auction crier to point out last bidder.
It shall be the duty of the auction crier to point out or designate the person making a particular bid when requested to do so by the last bona fide
bidder.
(Code 1980, § 605.290Q)
Sec. 13-81. - False or misleading statements by auction crier.
It shall be unlawful for any person acting as auction crier to make any statements which are false in any particular or which have a tendency to
mislead any person present or to make any misrepresentation as to the quality, quantity, character, present condition, value, cost, general selling price or
whether new or secondhand, of any property offered for disposal by auction sale. It shall be unlawful for any person acting as auction crier to sell or offer
for sale any fill-in article without first stating such fact in a clear audible tone of voice to all persons present at the auction.
(Code 1980, § 605.290M)
Sec. 13-82. - Sale of fill-in articles.
It shall be unlawful for any licensee, his/her agents or employees to sell or offer for sale any fill-in article unless in every advertisement of the auction
there is contained a clear and unequivocal statement of the fact that the fill-in goods and merchandise have been added to the stock on hand and such
statement shall be in type or writing of equal prominence with each and every other statement of the advertisement.
(Code 1980, § 605.290O)
Sec. 13-83. - Sale of jewelry, silverware, watches or clocks by auction.
It shall be unlawful for any person to arrange for, conduct or cry any retail auction sale of jewelry, watches, clocks or silverware at any time during the
month of December in any year; provided that, this section shall not apply to judicial sales or sales made by executors or administrators or auction sales
conducted solely by duly incorporated charities where the proceeds are to be used entirely for charitable purposes and where all merchandise sold shall
have been donated thereof for deduction as a charitable contribution on the United States income tax return of the donor thereof.
(Code 1980, § 605.290R)
Sec. 13-84. - Offering of false bids prohibited.
It shall be unlawful for any person to act as, or for a public auctioneer to employ, a by-bidder or what is commonly known as a capper or "booster" at
any public auction or place where any such auction takes place or to offer to make any false bid or to offer any false bid or pretend to buy any such article
sold or offered for sale at any such auction.
(Code 1980, § 605.290N)
Sec. 13-85. - Revocation of license.
(a) Whenever the mayor believes that sufficient cause exists therefor or if any of the provisions of this section are not complied with or are violated, the
mayor may, upon his/her own motion or upon complaint under oath made by any person, revoke any license issued under this division.
(b)
Before revoking any license, the mayor shall cause to be served upon such licensee a notice specifying the grounds of complaint or the alleged
reasons for revocation, which notice shall fix a time and place at which the mayor shall hear and determine the complaint. The service of such notice
shall not be less than three (3) days prior to the time fixed therein for a hearing. The licensee against whom such complaint is made shall have an
opportunity to be heard in answer to such complaint and at the time specified in such notice, to make defense thereto.
(c)
The mayor may revoke the license of any licensee against whom the charges brought are, in his/her opinion, substantiated; provided that, when a
license is thus revoked by the mayor, he/she shall notify the licensee in writing and give the reason for such revocation and shall also notify the city
clerk of such revocation; and provided, further, that if the licensee shall have been in any court convicted of the violation of any law or section of the
Code relative to his/her license, it shall be the duty of the city clerk to revoke such license; and provided, further, that, the misconduct or violation of
law or this Code by any auction crier shall be sufficient cause for the revocation of the license of the public auctioneer engaging him/her.
(Code 1980, § 605.290T)
Secs. 13-86—13-105. - Reserved.
DIVISION 3. - ITINERANT MERCHANTS, HAWKERS, PEDDLERS, BROKERS AND SOLICITORS
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
Charitable organization shall mean any organization that is qualified to receive charitable contributions as such contributions are defined in section
170(c) of the Internal Revenue Code.
Itinerant merchant shall include all persons who deal in the selling of goods, wares or merchandise from a stock of merchandise carried with them, by
going about from place to place in the city limits to sell the same by direct personal contact.
Solicitors shall mean all persons who go from place to place without appointment or who position themselves on or near streets, roadways or places
of public assembly within the city limits for the purposes of:
(1)
Soliciting property or financial assistance of any kind for commercial or charitable purposes;
(2)
Selling or offering for sale any article, tag, service, emblem, publication or ticket for commercial or charitable purposes; or
(3)
Taking or attempting to take orders for the sale of goods, wares, books, charts, maps, magazines or other merchandise for future delivery or for
services to be furnished or performed then or in the future, whether or not such individual carries a sample of the subject of such sales or
collects advance payments on such sales.
Provided, however, that the provisions of this division shall not apply to salesmen soliciting orders from or selling to retail dealers for resale, wholesalers
and manufacturers for manufacturing purposes or to bidders for public works or supplies.
(Code 1980, § 605.300A; Ord. No. 1061, § 1, 11-14-83)
Sec. 13-107. - License requirements; limitation of rights.
(a) No person, firm, partnership, association or corporation or any combination of the same shall engage in any business or other activity in the city as
an itinerant merchant or solicitor without first obtaining a license to conduct such business or activity from the city clerk and paying the necessary
license fee therefor.
(b)
Neither the application for nor the issuance of a license or permit to conduct the business of an itinerant merchant or solicitor as provided in this
division shall be construed as a license, permit or privilege to enter into or upon any real property or premises or other location within the city. The
license or permit provided by this division shall not entitle the holder thereof to any greater right to enter into or upon such premises than that
enjoyed by the general public.
(Code 1980, § 605.300; Ord. No. 1061, § 1, 11-14-83; Ord. No. 1222, § 1, 11-24-86)
Sec. 13-108. - Application for license—Contents; filing.
(a)
(b)
(c)
Application for the license required by this division shall be made upon a written application blank furnished by the city clerk. Such applications shall,
at a minimum, contain:
(1)
The name and address of the employer, firm or association represented - "the applicant".
(2)
A description of the merchandise to be sold or offered for sale or of services to be provided.
(3)
Where the solicitation involves the sale of goods or services, a copy of the Sales Tax License issued by the State of Missouri together with an
affidavit or statement that the licensee owes no taxes due under Sections 144.010—144.510 or Sections 143.191—143.261, RSMO.
(4)
The date on which the applicant desires to commence selling or soliciting and the length of time for which the permit is desired.
(5)
The name of each person that will be selling or soliciting on behalf of the applicant together with two (2) passport sized photo's and the
applicants permanent home address and local address.
(6)
Whether the applicant or any individual who will be soliciting for the applicant has ever been convicted of a violation of this division.
(7)
Whether the applicant or any individual who will be soliciting for the applicant has ever been convicted of any felony and, if so, the nature of the
offense and the penalty imposed. A felony conviction may be sufficient grounds to deny a permit to any applicant or person working on behalf
of the applicant.
(8)
Motor vehicle makes, models, years, colors and registration numbers and license plate numbers, if vehicles are to be used in the proposed
solicitation.
All applications other than those filled by charitable organizations shall also be accompanied by:
(1)
A letter or other written statement from the individual, firm or corporation employing the applicant certifying that the applicant is authorized to
act as the employer's or the corporation's representative;
(2)
The names, addresses and telephone numbers of two (2) references.
No application shall be filed more than three (3) months prior to the time such selling or soliciting is to commence.
(Code 1980, § 605.300B; Ord. No. 1061, § 1, 11-14-83; Ord. No. 2628, § 1, 8-13-12)
Sec. 13-109. - Application—Investigation by city clerk.
(a) The city clerk will examine the application required in this division and:
(b)
(1)
Determine if the business or activity proposed to be conducted is lawful under the laws of the state;
(2)
Where applicant is not a charitable organization, contact the applicant's references and, to the extent possible, verify the accuracy of the
information contained in the applicant's application;
(3)
Require the applicant to give evidence of the applicant's identity;
(4)
Contact companies or organizations which the applicant represents to determine that the applicant is a bona fide representative of those
companies or organizations.
The city clerk shall make such investigation within a period of three (3) business days from the date of application. If the proposed business or
activity is lawful and the information provided by the applicant appears truthful, the city clerk shall issue the license to do business in the city to the
applicant; provided however, that, subject to the requirements of section 314.200 of the Revised Statutes of Missouri, no convicted felon shall be
issued a license and no charitable organization shall be allowed to use any convicted felon as a solicitor.
(Code 1980, § 605.300C; Ord. No. 1061, § 1, 11-14-83)
Sec. 13-110. - License fee; identification cards.
(a) If the applicant is soliciting for other than a charitable purpose, he or she shall fill out the application described in this division and, at the time of
making the initial application, shall pay to the city clerk an application fee of fifty dollars ($50.00). If the individual, firm or corporation employing the
applicant is to have more than one (1) employee or agent operating in the city, each such employee or agent shall be deemed an applicant and shall
fill out the requisite application and pay an additional fee of ten dollars ($10.00) per solicitor. The license fee shall be used to defray the cost of the
city's investigation of the proposed applicant. Provided, however, the fee shall be doubled for any person, firm or corporation who has been soliciting
without a valid license.
(b)
If the applicant is soliciting for a charitable purpose, the organization which the applicant represents shall not be required to pay a license fee. The
organization shall, however, be deemed an applicant and shall fill out the application described in this division.
(c)
Each person who obtains a license under this division shall obtain an identification card from the city clerk. Each charitable organization that obtains
a license under this division shall obtain identification cards for its solicitors. Each itinerant merchant or solicitor shall display his/her identification
card upon his/her person in a manner to be readily visible to the general public while engaged in the activity for which the license was obtained. The
identification card shall contain:
(1)
The name of the business or charitable association the itinerant merchant or solicitor represents;
(2)
The name and signature of the itinerant merchant or solicitor;
(3)
The expiration date of the identification card; and
(4)
The license number.
The identification card shall be shown, upon request, to any police officer or person solicited.
(Code 1980, § 605.300D; Ord. No. 1061, § 1, 11-14-83; Ord. No. 2628, § 2, 8-13-12)
Sec. 13-111. - Time period for license; extension.
The city clerk shall issue the license for the period of time sought by the applicant as long as such time period does not exceed one (1) month. The
clerk may extend the time period upon the request of the applicant for a period not exceeding fifteen (15) days. Each licensee shall pay an additional fee
of ten dollars ($10.00) per solicitor for an extension. The clerk shall indicate the expiration date of such extension upon the face of the license.
(Code 1980, § 605.300E; Ord. No. 1061, § 1, 11-14-83; Ord. No. 2628, § 3, 8-13-12)
Sec. 13-112. - Hours of operation.
(a)
No person shall sell or solicit, in conjunction with a license granted in accord with this division, between the hours of 7:00 p.m. and 9:00 a.m. during
the months of November, December, January, February and March. No person shall sell or solicit, in conjunction with a license granted in accord with
this division, between the hours of 8:30 p.m. and 9:00 a.m. during the months of April, May, June, July, August, September and October.
(b)
Notwithstanding the general hours for solicitation otherwise allowed by subsection (a) of this section, no itinerant merchant or solicitor shall enter
upon any real property or premises on which a sign has been posted or erected in a manner reasonably calculated to come to the attention of
intruders stating that solicitation at such premises should be restricted to certain days or times specified thereon at any time other than those
specified on such sign.
(Code 1980, § 605.300F; Ord. No. 1061, § 1, 11-14-83; Ord. No. 1640, § 1, 2-14-94)
Sec. 13-113. - Entry to or remaining upon premises.
(a) No itinerant merchant or solicitor shall enter upon any real property or premises or portion thereof on which a "No Trespassing" or "No Solicitors" or
similar sign has been posted or erected in a manner reasonably calculated to come to the attention of intruders, nor shall any itinerant merchant or
solicitor violate the provisions of section 16-123 of this Code pertaining to trespassing on real property.
(b)
No itinerant merchant or solicitor shall fail or refuse to leave any building, any enclosed or improved real estate or any lot or parcel of ground in the
city when requested to do so by the person in possession thereof.
(c)
In the event that the owner or person in possession of any real property or premises in the city shall have notified the city clerk that the occupants of
such property do not wish to have any itinerant merchants or solicitors come upon said property at any time for any purpose, and if written notice of
such notification and objection shall have been provided to an itinerant merchant or solicitor by the city clerk in association with issuance of a license
in accord with this division, no itinerant merchant or solicitor shall at any time enter upon any real property or premises as to which such notice shall
have been given.
(Code 1980, § 605.300I; Ord. No. 1061, § 1, 11-14-83; Ord. No. 1222, § 2, 11-24-86; Ord. No. 1640, § 1, 2-14-94)
Sec. 13-114. - License not endorsement.
No person holding a license or identification card nor any agent, member or representative thereof shall advertise, represent or hold out in any
manner that such license is an endorsement of the holder by the city.
(Code 1980, § 605.300J; Ord. No. 1061, § 1, 11-14-83)
Sec. 13-115. - Revocation of license.
(a) The city clerk may suspend or revoke any license issued under this division for any of the following causes:
(1)
Fraud, misrepresentation or false statement contained in the application for license;
(2)
Fraud, misrepresentation or false statement made in the course of carrying on the applicant's business as an itinerant merchant or solicitor;
(3)
Any violation of this division;
(4)
Conducting the business of selling or soliciting in an unlawful manner or in such a manner as to constitute a breach of the peace or a menace to
the health, safety or general welfare of the residents of the city.
(b)
To revoke a license the city clerk shall immediately notify the licensee at the business or home address of the licensee that the licensee's authority to
do business in the city has been suspended pending a hearing before the board of aldermen. Such notice shall be in writing and shall state the
reasons for such suspension. The city clerk shall immediately notify the mayor who shall call a special meeting of the board of aldermen. Such
meeting shall be held within twenty-one (21) days of the issuance of the notice of suspension. Such meeting shall be public and notice of the meeting
shall be published in a newspaper of general circulation in the city. The licensee, whose license has been suspended, shall be notified promptly, in
writing, of the date set for such meeting.
(c)
At the meeting, the evidence against the licensee shall be heard and the licensee shall be given every opportunity to be heard and to present his, her
or its own witnesses or evidence. If the board of aldermen finds any of the causes listed in this section for revocation applicable to the licensee, the
board of aldermen shall immediately make the suspension of the license permanent, shall notify the Better Business Bureau of the city of such
revocation and shall, in the next letter to the citizens sent by the board of aldermen, advise the citizens that the license has been revoked.
(d)
No person, firm, partnership, association or corporation or any combination of the same whose license as an itinerant merchant or solicitor has
been revoked pursuant to the provisions of this section shall thereafter be eligible for licensure as an itinerant merchant or solicitor in the city for a
period of one (1) year from and after the date of such revocation.
(Code 1980, § 605.300H; Ord. No. 1061, § 1, 11-14-83; Ord. No. 1640, § 2, 2-14-94)
Secs. 13-116—13-130. - Reserved.
DIVISION 4. - COIN-OPERATED AMUSEMENT MACHINES OR DEVICES
Sec. 13-131. - Definition.
When used in this division, amusement machine or device shall mean any apparatus which, upon the insertion of a coin, token, slug or other insertion
device or which by remote control or by the payment of a fee, operates or may be operated as a game, contest of skill or amusement of any kind or
description for the amusement of the operator, whether or not registering a score and whether or not activated or manipulated by the operator;
provided, that it has or contains no automatic payoff device for the return of money, trade-tokens or slugs and makes no provision whatever for the
return of money to the operator. Amusement device shall not include coin-operated vending machines dispensing food, drink or merchandise of any kind
nor any machine or device prohibited by the laws of the state or of the United States.
(Ord. No. 1013, § 1, 7-26-82)
It shall be unlawful for any person to have in his/her possession or operation within any business establishment or private club within the city any
coin-operated amusement machine or device without first having applied to and obtained from the city a license permit for each such machine in his/her
possession or operation, whether the machine is owned by him/her or is leased or rented.
(Ord. No. 1013, § 1, 7-26-82)
Sec. 13-133. - Application for license.
(a) The application for each license for an amusement machine or device shall state:
(b)
(1)
The type of machine;
(2)
The type of amusement (game, music or otherwise);
(3)
The serial number of such machine;
(4)
The owner of machine;
(5)
The location of such machine.
The application shall be accompanied by the license tax required by this division.
(Ord. No. 1013, § 1, 7-26-82)
Sec. 13-134. - License tax.
The license tax for each such coin-operated amusement machine or device for which a license shall be issued shall be twenty-five dollars ($25.00) per
year.
(Ord. No. 1013, § 1, 7-26-82)
Sec. 13-135. - Issuance of license tag; validity of license.
Upon approval of the application for a license for an amusement machine or device by the city, the city shall issue a license tag which shall be
securely attached in a manner prescribed by the city to the machine, the license to be valid until June 30 of the subsequent year for which it is issued.
(Ord. No. 1013, § 1, 7-26-82)
Sec. 13-136. - Duration of license; license nontransferable.
All amusement machines or devices shall be licensed as required by this division and the license and tax shall be for one (1) year and shall require
renewals annually. Licenses for amusement machines or devices may not be transferred from one (1) machine to another.
(Ord. No. 1013, § 1, 7-26-82)
Sec. 13-137. - Number and location of amusement machines or devices.
Only one (1) amusement machine or device may be licensed for each five hundred (500) square feet of building area owned, leased or under the
control of the applicant for a license; provided that:
(1)
No more than ten (10) amusement machines or devices may be licensed at any one (1) location.
(2)
All machines or devices shall be located in an area of the premises open to the general public, except that in a private club the machines shall be
located in an area approved by the city.
(3)
All amusement machines or devices, other than pool, bumper pool, billiards or similar tables, must be located adjacent to a wall within the
building. No more than five (5) amusement machines or devices may be located adjacent to any one (1) wall within the building.
(Ord. No. 1013, § 1, 7-26-82; Ord. No. 1821, § 1, 2-10-97)
Secs. 13-138, 13-139. - Reserved.
DIVISION 5. - PAWNBROKERS
For the purpose of this division, the following terms, phrases, and words shall have the following meanings unless otherwise indicated by context:
City administrator. The city administrator of the city.
Director of public safety. The director of the public safety department of the city.
Month. That period of time from one (1) date in a calendar month to the corresponding date in the following calendar month, but if there is no such
corresponding date, then the last date of such following month, and, when computations are made for a fraction of a month, a day shall be one-thirtieth
(1/30) of a month.
Net assets. The book value of the current assets of a person or pawnbroker less its applicable liabilities as stated herein. Current assets include the
investment made in cash, bank deposits, merchandise inventory, and loans due from customers, excluding the pawn service charge. Current assets do
not include the investments made in fixed assets of real estate, furniture, fixtures, or equipment; investments made in stocks, bonds, or other securities;
or investments made in prepaid expenses or other general intangibles. Applicable liabilities include trade or other accounts payable; accrued sales,
income, or other taxes; accrued expenses; and notes or other payables that are unsecured or secured in whole or part by current assets. Applicable
liabilities do not include liabilities secured by assets other than current assets. Net assets must be represented by a capital investment unencumbered by
any liens or other encumbrances to be subject to the claims of general creditors.
Pawnbroker. Any person engaged in the business of lending money on the security of pledged goods or engaged in the business of purchasing
tangible personal property on condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time.
Pawnshop. The location at which, or premises in which, a pawnbroker regularly conducts business.
Person. An individual, partnership, corporation, joint venture, trust, association, limited liability company, or any other legal entity however organized.
Person of good moral character. A person who has not been convicted of any state, federal, or municipal offense involving drugs or narcotics, robbery,
burglary, theft, stealing, receiving stolen property, embezzlement, extortion, forgery, gambling, bribery, perjury, any weapons offense, or any crime of
violence.
Pledged goods. Tangible personal property other than choses in action, securities, or printed evidence of indebtedness, which property is deposited
with, or otherwise actually delivered into the possession of, a pawnbroker in the course of his business in connection with a pawn transaction.
Secured personal credit loan. Every loan of money made in this city, the payment of which is secured by a security interest in tangible personal
property which is physically delivered into the hands of the lender at the time of the making of the loan and which is to be retained by the lender while
the loan is a subsisting obligation.
(Ord. No. 1758, § 1, 12-11-95)
Sec. 13-141. - Licenses.
(a) Required. No person shall operate a pawnshop in the city unless such person obtains a pawnshop license issued by the city in accordance with the
general licensing provisions of this chapter and the specific provisions of this division. A license is required for each place where pawnbroking
business is transacted, and no one shall act as an agent, employee, or solicitor for any pawnbroker while such pawnbroker is engaged in such
business at a place other than that specified in the license. It shall be unlawful for any person to conduct or transact a pawnbroker business in the
city unless he shall keep posted in a conspicuous place in the place of business the license certificate therefor and a copy of all ordinances relating to
pawnbrokers.
(b)
(c)
Period. Licensing year is a calendar year. All licenses under this division are for a period of one (1) year, or portion of one (1) year, and expire on
midnight of December 31. The license fee for any license which is issued for a portion of a year shall be prorated by the city administrator.
Application for a new pawnshop license.
(1)
(2)
(d)
An application for a new pawnshop license shall be under oath and on forms prescribed and provided by the city administrator and shall contain
other relevant information sufficient to inform the city administrator regarding the qualifications of the applicant for a license as required by the
city administrator. At a minimum, the application shall include:
a.
The full name and address of the applicant, and each present or, if known, prospective pawnshop employee, for the past two (2) years;
b.
The address where the business is to be conducted;
c.
A statement as to whether the applicant, and each present or, if known, prospective pawnshop employee, has ever been convicted of a
felony;
d.
The name, address and phone number of at least two (2) persons of good moral character who may be used as character references for the
applicant, and each present or, if known, pawnshop employee; and
e.
If the applicant is a partnership, the application shall include the required information for each partner and whether such partner is a
general partner or a limited partner. If the applicant is a corporation, the application shall include the required information for each officer
and director and each shareholder owning twenty (20) percent or more of the corporate stock.
The application shall be accompanied by:
a.
An investigation fee of five hundred dollars ($500.00) if the applicant is unlicensed at the time of applying for the pawnshop, or two hundred
fifty dollars ($250.00) if the application involves a second or additional license to an applicant previously licensed for a separate location, or
involves substantially identical principals and owners of a licensed pawnshop at a separate location;
b.
Proof of general liability insurance in the amount of five hundred thousand dollars ($500,000.00);
c.
An annual fee of five hundred dollars ($500.00); and
d.
If the applicant is a corporation, a "certificate of good standing" issued by the secretary of state.
Nonuse and transfer of license.
(1)
If a pawnbroker shall not conduct business for any continuous period of ninety (90) days after the issuance of a license, the license shall be null
and void.
(2)
Licenses are personal to the licensee and may not be transferred to any other person. Any attempt to transfer such license to any other person
shall render said license null and void. It shall be unlawful for any person to do business or to attempt to do business under a license transferred
to him.
(e)
Investigation by city administrator. The city administrator shall investigate the facts contained in an application for a new pawnshop license and shall
request the assistance of the director of public safety and any other person who has knowledge of the facts contained in the application or who is
authorized to investigate these facts.
(f)
Standards for issuance. No license shall be issued to any person who:
(1)
Is not of good moral character, or to any pawnshop employing persons who are not of good moral character;
(2)
Makes a false statement of material facts in the application for a license or a renewal license;
(3)
Fails to show that the pawnshop will be operated lawfully and fairly within the purposes of this division;
(4)
Has a felony or misdemeanor conviction which either directly relates to the duties and responsibilities of the occupation of pawnbroker or which
otherwise makes the applicant presently unfit for a license;
(5)
Does not have net assets of at least fifty thousand dollars ($50,000.00) readily available for use in conducting business as a pawnshop for each
licensed pawnshop; or
(6)
Does not file with the city administrator a bond satisfactory to the city administrator in an amount of five thousand dollars ($5,000.00) with a
surety company qualified to do business in this city. The aggregate liability of such surety shall not exceed the amount stated in the bond. The
bond shall run to the city for the use of the city and of any person(s) who may have a cause of action against the obligor of such bond under the
provisions of this division. Such bond shall be conditioned that the obligor will comply with the provisions of this division and by all rules and
regulations adopted by the city administrator, and will pay to the city and to any such person(s) any and all amounts of money that may become
due or owing to the city or to such person(s) from such obligor under and by virtue of the provisions of this article, or any rules adopted by the
city administrator pursuant to this division during the time such bond is in effect.
If the city administrator is unable to verify that the applicant meets the net assets requirement for a licensed pawnshop as required by subsection (f)(5),
the city administrator may require a finding, including the presentation of a current balance sheet, by an independent certified public accountant, that
the accountant has reviewed the books and records of the applicant, and that the applicant meet the net assets requirement of this division.
(g)
Exemption from requirement for new pawnshop license. No person who is lawfully and actively operating a pawnshop within the city on November 27,
1995, shall be required to obtain a license under this section in order to continue operating such pawnshop, so long as such person does not violate
any other provisions of sections 367.011 to 367.060 RSMo. or this division. Such persons may continue to operate those pawnshops then in
existence, but thereafter must receive annual renewal licenses even though the operation of such pawnshop might cause the number of
pawnbrokers in the city to exceed the number determined by operation of subsection (h) of this section. Such persons shall be required to pay the
five hundred dollar ($500.00) annual fee prescribed in subsection (i) of this section, but such payment shall be in lieu of any occupational license fee.
(h)
Limitation on number of pawnbrokers in the city. Subject to the provisions of subsection (g) of this section, no license for engaging in the business of
pawnbroker shall be issued when the issuance thereof would increase the number of such licenses outstanding and in force at that time to more
than one (1) per each fifteen thousand (15,000) inhabitants residing in the city.
(i)
Subsequent license applications. Subsequent to the first year for which a license is issued to a pawnbroker, each pawnbroker shall make a renewal
application to the city administrator. The application shall be filed by December 1 of the current licensing year, and shall be on the forms, and shall
contain such information as the city administrator may require. The forms shall contain such information as will assist the city administrator in
determining whether conditions have changed and whether a renewal license should be issued for the subsequent licensing year. The city
administrator may request the assistance of the director of public safety or any other city employee or person having knowledge of the truth or
falsity of the matters contained in the application or who is able to investigate those matters. The annual fee for the issuance of a renewal license is
five hundred dollars ($500.00).
(j)
Suspension or revocation of license.
(k)
(1)
If the city administrator believes that any condition has changed such that the licensee would not be eligible to receive a pawnbroker's license, or
that the licensee is in violation of this division or any state or municipal law, the city administrator may suspend the license.
(2)
If the city administrator believes that the licensee is capable of remedying the adverse change in conditions, and if the licensee has not
previously been in violation of this division or state or municipal law, the city administrator may suspend the license. If the city administrator
believes that the changed condition(s) are such that, if true, the licensee would not be able to remedy the situation in a reasonable time, or if the
licensee has previously been in violation of this division or state or municipal law, then the city administrator may revoke the license.
(3)
If the city administrator believes that the safety, morals, or peace of residents of the city is immediately affected by the change in conditions, the
city administrator may suspend or revoke the license prior to a hearing, but he shall afford the licensee a hearing within five (5) days of the
suspension or revocation if the licensee desires such a hearing. If the city administrator believes that the changed condition is not of such
imminent hazard to the safety, morals, or peace of the residents of the city, he may hold a hearing prior to taking any action. He shall give the
licensee at least ten (10) days' notice of said hearing.
(4)
Any party aggrieved by a decision of the city administrator may appeal to the circuit court of the county in accordance with the provisions of
Chapter 536 RSMo.
Issuance of pawnshop licenses prohibited; when.
(1)
No license shall be issued for the operation of a pawnshop as defined within this division wherein said pawnshop will be located within one
thousand (1,000) feet of the property line of any church, synagogue, other place of worship, or school.
(2)
No license shall be issued for the operation of a pawnshop as defined in this division wherein said pawnshop will be located within one
thousand (1,000) feet of the property line of property on which there is located another pawnshop.
(3)
No license shall be issued for the operation of a pawnshop as defined in this division wherein said pawnshop will be located within one
thousand (1,000) feet of the property line of any residence, unless the licensee shall provide to the city administrator written authorization for
such operation from the owner of record of such property and each adult resident thereof.
(4)
No license shall be issued unless the pawnbroker has obtained a special or conditional use permit as may be required by the city's zoning code.
(Ord. No. 1758, § 1, 12-11-95)
Sec. 13-142. - Record requirements of pawnshop operations.
(a) Pawn number. The pawnbroker shall affix to each item of tangible personal property a tag upon which shall be inscribed a pawn number of legible
characters which shall correspond to the number on any pawn ticket or receipt for payment.
(b)
Pawn ticket for pledged property; contents; loss of; effect. At the time of making the secured personal credit loan, the lender shall execute and deliver to
the borrower a pawn ticket for, and describing, the tangible personal property subjected to the security interest to secure the payment of the loan.
The receipt shall contain the following:
(1)
The name and address of the pawnshop.
(2)
The name and address of the pledgor, date of birth, height, weight, sex, race or nationality, and the driver's license number, military
identification number, identification certificate number, or other official number capable of identifying the pledgor.
(3)
The date of the transaction.
(4)
An identification and description of the pledged goods, including, but not limited to, serial numbers, if reasonably available, and an estimated
value of each item pledged.
(5)
The amount of cash advanced or credit extended to the pledgor.
(6)
The amount of the pawn service charged.
(7)
The total amount which must be paid to redeem the pledged goods on the maturity date.
(8)
The maturity date of the pawn transaction.
(9)
(10)
A statement to the effect that the maximum legal interest rate may not exceed two (2) percent per month on the amount of any loan.
A statement to the effect that the pledgor is not obligated to redeem the pledged goods, and that the pledged goods may be forfeited to the
pawnbroker sixty (60) days after the specified maturity date.
(c)
Employee registration. Every employee of a pawnshop shall, within thirty (30) days from the issuance of any license, register his name and address
with the public safety department of the city and shall have had his thumbprints, fingerprints, and photograph taken and filed with the public safety
department, and such employee shall receive a certificate showing compliance therewith, except that employees registered with the city need not
register a second time. The term "employee" means all persons working in a pawnshop, including any owner, any officer, director or stockholder if
the owner is a corporation, any partner or any other person who receives income in any manner from engaging in the operation of said pawnshop.
(d)
Affidavit of lost ticket. If a pawn ticket is lost, destroyed, or stolen, the pledgor may so notify the pawnbroker in writing, and receipt of such notice shall
invalidate such pawn ticket, if the pledged goods have not previously been redeemed. Before delivering the pledged goods or issuing a new pawn
ticket, the pawnbroker shall require the pledgor to make a written affidavit of the loss, destruction, or theft of the ticket. The pawnbroker shall record
on the written statement the identifying information required, the date the statement is given, and the number of the pawn ticket lost, destroyed, or
stolen. The affidavit shall be signed by a notary public appointed by the secretary of state pursuant to section 486.205 RSMo. to perform notarial acts
in this state.
(e)
Receipt for payment to be furnished. Upon any payment by a pledgor, or upon the redemption of any pledge, the pawnbroker shall furnish to the
pledgor a written signed receipt indicating the exact amount paid on principal, interest and any other charges. Said written receipt shall be either
printed or stamped with the name of the pawnbroker and the address, shall include the date of payment and shall be legibly written so that the
figures thereon are clearly discernible.
(f)
Pawn register. Each pawnbroker shall keep a register of all items pawned at each pawnshop, which register shall contain the information listed in
subsections (a) and (b) of this section. This record shall be kept in a bound book, or in a continuous sheet of paper or tape, handwritten in ink or
typed using a ribbon other than carbon, so that it will be obvious if an entry has been erased, obliterated or defaced. Such information may be made
on cards, individual sheets or order pads if each sheet or card is numbered, so that if an entry is removed it will be obvious.
(g)
Daily report. Each pawnbroker must, before the hour of 6:00 p.m. of every day, except Sunday and days the pawnbroker is closed all day, make and
deliver to the director of public safety, at the public safety building, a full, true and detailed copy of that day's pawn register. If no article or thing has
been pawned or received during said day, a report must be made to that effect.
(h)
(i)
Photographic records.
(1)
All pawnbrokers shall install a proper camera in operative condition and shall use such equipment to photograph every person and the receipts
of pawnshop tickets given to such persons with all loans and with all purchases of items from persons.
(2)
All pawnbrokers shall display, in a prominent place, a notice to customers that they are required to be photographed when they pawn, sell, or
offer as a part of full payment, any item to the pawnbroker.
(3)
All such photographs shall be available for development, and developed by the pawnbroker, upon request by the director of public safety.
Retention and use of records. Each licensee shall keep and maintain the originals of the foregoing records, or an original copy as may be appropriate,
for a period of at least two (2) years from the date of the last transaction recorded therein, and each such record shall at all reasonable times be
open to inspection by the director of public safety or at his direction.
(Ord. No. 1758, § 1, 12-11-95)
Sec. 13-143. - Operational regulations.
(a) Interest rates. It shall be unlawful for any pawnbroker to charge interest exceeding two (2) percent per month on any pledge. All pawnbrokers shall
display, in a prominent place, a notice to customers that the maximum legal interest rate may not exceed two (2) percent per month on the amount
of any loan.
(b)
(c)
(d)
Safekeeping of pledges.
(1)
Every pawnbroker licensed under the provisions hereof shall provide a safe place for the keeping of the pledges received by him and shall have
sufficient insurance on the property held on pledges, for the benefit of the pledgors, in case of destruction by fire or loss by theft. A pawnbroker
shall not fail to exercise reasonable care to protect pledged goods from loss or damage.
(2)
In the event such pledged goods are lost or damaged as a result of a pawnbroker's negligence while in the possession of the pawnbroker, it shall
be the responsibility of the pawnbroker to replace the lost or damaged goods with like kind of merchandise. Pawnbrokers shall not be
responsible for loss of pledged articles due to acts of God, acts of war, or riots. Each lender shall employ a reputable company for the purpose of
fire and theft security.
Loans due, when; return of collateral, when; restrictions.
(1)
Every secured personal credit loan shall be due and payable in lump sum thirty (30) days after the date of the loan contract, or, if extended,
thirty (30) days after the date of the last preceding extension of the loan, and if not so paid when due, it shall, on the next day following, be in
default. The pawnbroker shall retain possession of the tangible personal property subjected to the security interest to secure payment of any
secured personal credit loan for a period of sixty (60) days next following the date of default. If during the period of sixty (60) days the pledgor
shall pay to the pawnbroker the principal sum of the loan, with the loan fee(s), and the interest due thereon to the date of payment, the
pawnbroker shall thereupon deliver possession of the tangible property to the pledgor. But if the pledgor fails during the period of sixty (60) days
to make payment, then the title to the tangible personal property shall, on the day following the expiration of the period of sixty (60) days, pass
to the pawnbroker, without foreclosure, and the right of redemption by the pledgor shall be forever barred.
(2)
A pledgor shall have no obligation to redeem pledged goods or make any payment on a pawn transaction.
(3)
Any person properly identifying himself and presenting a pawn ticket to the pawnbroker shall be presumed to be entitled to redeem the pledged
goods described therein.
Hold orders.
(1)
Whenever any peace officer has probable cause to believe that property in possession of a pawnbroker licensed by the city is stolen or
embezzled, said officer may place a written hold order on the property. A hold order required by this section shall contain the following:
(e)
(f)
a.
Name of the pawnbroker.
b.
Name, title and identification number of the peace officer placing the hold order.
c.
Name and address of the agency to which the peace officer is attached and the offense number.
d.
Complete description of the property to be held, including model number, serial number and transaction number.
e.
Name of the agency reporting the property to be stolen or embezzled.
f.
Mailing address of the pawnshop where the property is held.
(2)
The pawnbroker or his designee shall sign and date a copy of the hold order as evidence of its receipt.
(3)
While the hold order is in effect, the pawnbroker may consent to release, upon written receipt, the stolen or embezzled property to the custody
of the law enforcement agency to which the peace officer placing the hold order is attached. Such consent shall not be considered a waiver or
release of the pawnbroker's property rights or interest in the property.
(4)
Except as provided in subsection (d)(3) of this section, the pawnbroker shall not release or dispose of the property except pursuant to a court
order or the termination or expiration date, if any, of the hold order.
(5)
In the event criminal charges have been filed in any Missouri court involving property which is in the possession of a pawnbroker licensed by the
city and which may be needed as evidence, the appropriate prosecuting attorney's office may place a written hold order on the property. Such
order shall contain the case number, the style of the case and a description of the property. The pawnbroker shall hold such property until
receiving the notice of the disposition of the case from the prosecuting attorney's office. The prosecuting attorney's office shall notify the
pawnbroker in writing within fifteen (15) days of the disposition of the case.
(6)
Wilful noncompliance by a pawnbroker with a written hold order shall be cause for the pawnbroker's license to be suspended or revoked. A hold
order may be terminated at any time by written release from the law enforcement agency or prosecuting attorney placing the initial hold order.
Lost, stolen or encumbered property; police cooperation.
(1)
Each pawnbroker shall notify the police of any article pledged, or attempted to be pledged, if the pawnbroker has reason to believe that said
article was stolen or lost.
(2)
A pawnbroker shall have no recourse when a customer has pledged goods for the receipt of money except the pledged goods themselves,
unless the pledged goods are found to be stolen, lost, mortgaged or otherwise pledged or encumbered. When a customer is notified by a peace
officer that the goods he pledged or sold to a pawnbroker were stolen, lost, mortgaged or otherwise pledged or encumbered, the customer shall
be liable to repay the pawnbroker the full amount the customer received from the pawn or buy transaction. A pawnbroker shall not charge any
fee relating to the restoration of such property to its rightful owner.
(3)
Every pawnbroker shall give the director of public safety notice of all pawned goods to be shipped out of town, which notice shall state the name
of the pledgee and the destination and date of shipment. Such goods shall not be shipped for at least seven (7) days after delivery of the copy of
the register to the director of public safety.
(4)
Every pawnbroker shall, upon request, show and exhibit to any peace officer any article purchased, taken, or received by the pawnbroker if the
item is still in the possession of the pawnbroker.
Miscellaneous regulations.
(1)
Pawnshop not to be used as a residence. No pawnbroker or member of the pawnbroker's family, or employee, or any other person shall be
permitted to live in a pawnshop or in rooms connecting therewith.
(2)
Hours of operation. No pawnshop shall be open for business or receive as pawned, pledged, or purchased, or upon any condition whatsoever,
any article of personal property or other valuable thing between the hours of 8:00 p.m. on any day and 7:00 a.m. on the following day.
(3)
Keeping items seven (7) days. No pawnbroker shall destroy, melt down, dispose of, sell or deliver to any other person any item of tangible personal
property until seven (7) days have passed from the date the item was received.
(4)
Dealing in weapons prohibited; when. No pawnbroker shall receive as security or otherwise conduct any transaction involving any kind of firearm,
revolver, pistol, rifle, bowie knife, spring back knife, razor, metal knuckles, billy, sword cane, dirk, dagger, or other similar weapon, unless said
pawnbroker is otherwise licensed by applicable state and federal law to purchase and sell such weapons.
(5)
Secondhand goods. A pawnbroker shall not purchase or take in trade used or secondhand personal property unless a record is established that
contains:
(6)
a.
The name, address, physical description, and the driver's license number, military identification number, identification certificate number, or
other official number capable of identifying the seller;
b.
A complete description of the property, including the serial number, if reasonably available, or other identifying characteristic; and
c.
A signed document from the seller providing that the seller has the right to sell the property.
Additional restrictions. A pawnbroker shall not:
a.
Accept a pledge from a person who is under eighteen (18) years of age;
b.
Make any agreement requiring the personal liability of a pledgor in connection with a pawn transaction;
c.
Accept any waiver, in writing or otherwise, of any right or protection accorded a pledgor under this division or other law; or
d.
Fail to return pledged goods to a pledgor upon payment of the full amount due the pawnbroker on the pawn transaction.
(Ord. No. 1758, § 1, 12-11-95)
Sec. 13-144. - Enactment of rules and regulations.
The city administrator may issue such rules and regulations as he deems necessary to implement this division and the policies contained herein.
(Ord. No. 1758, § 1, 12-11-95)
Sec. 13-145. - Inconsistent provisions.
It is the intention of the board of aldermen that this division shall be read in harmony with all other ordinances of the city, and that such ordinances
and provisions shall be so construed, interpreted, administered and applied as to reconcile any differences between them and this division. To the extent
that any such ordinances and provisions are determined to be irreconcilable with the provisions of this division, but only to that extent, the provisions of
this division shall be deemed to have superseded the conflicting provisions.
(Ord. No. 1758, § 1, 12-11-95)
Sec. 13-146. - Penalty.
Any person operating a pawnshop without a license or otherwise in violation of the standards and requirements provided herein shall be guilty of a
violation of this section and, upon conviction thereof, shall be punished as provided in section 1-10 of this Code.
(Ord. No. 1758, § 1, 12-11-95)
DIVISION 6. - ADULT ENTERTAINMENT BUSINESS LICENSE
Unless specifically defined below, words or phrases used in this division shall be interpreted so as to give them the same meaning as they have in
common usage and so as to give the most reasonable application. For the purposes of this division, the following words and phrases shall have the
meanings respectively ascribed to them by this section:
Adult bookstore: An establishment having ten (10) percent or more of its stock in trade, in books, photographs, magazines, films for sale or viewing on
or off the premises by use of motion picture devices, video players, DVD players, computers, or coin operated means, or other periodicals which are
distinguished or characterized by their principal emphasis on matters depicting, describing or relating to specified sexual activities as said term is defined
herein or the principal purpose of which is to stimulate or arouse sexually the patron viewer or reader.
Adult entertainment: Any live exhibition, performance, display or dance of any type, including but not limited to talking, singing, reading, listening,
posing, serving food or beverages, soliciting for the sale of food, beverages or entertainment, pantomiming, modeling, removal of clothing, or any service
offered for amusement on a premises where such exhibition, performance, display or dance is intended to seek to arouse or excite the sexual desires of
the entertainer, other entertainers or patrons or if the entertainment involves a person who is nude, unless otherwise prohibited by ordinance, or in such
attire, costume or clothing as to expose to view any portion of human genitals, pubic region, vulva, pubic hair, buttocks, female breast or breasts below a
point immediately above the top of the areola or nipple or the human male genitals in a discernibly erect state, even if completely and opaquely covered.
Adult bookstores, novelty stores and massage parlors or shops shall be considered adult entertainment for purposes of this division.
Adult entertainment business or establishment: Any premises to which the public patrons or members are invited and where an entertainer provides
adult entertainment to a member of the public, a patron or member. A massage parlor or shop as defined herein shall be considered an adult
entertainment business or establishment under this Code.
Employee: Any and all persons including managers, entertainers and independent contractors, who work in or at or render any services directly
related to the operation of an adult entertainment business.
Entertainer: Any person who provides adult entertainment within an adult entertainment premises as defined in this section, whether or not a fee is
charged or accepted for entertainment.
Erotic dance: Any dance performed by an erotic dancer in an erotic dance establishment that emphasizes or seeks to arouse or excite a patron's
sexual desires.
Manager: Any person who manages, directs, administers, or is in charge of the affairs and/or conduct of any portion of any activity involving adult
entertainment occurring at any adult entertainment premises.
Massage parlor or shop: An establishment which has a fixed place of business having a source of income or compensation which is derived from the
practice of any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulation of external parts of
the human body with the hands or with the aid of any mechanical electric apparatus or appliances with or without such supplementary aids as rubbing
alcohol, liniments, antiseptics, oils, powders, creams, lotion, ointment or other similar preparations commonly used in the practice of massage under
such circumstances that is reasonably expected that the person to whom the treatment is provided or some person on his or her behalf will pay money
or give any other consideration or gratuity; provided, however, that nothing herein contained shall be construed to include activities conducted by a duly
licensed hospital, nursing home, medical clinic, health, fitness or recreation center which has exercise equipment and facilities separate from any
massage service area, or duly licensed physician, surgeon, physical therapist, massage therapist, chiropractor, osteopath, naturopath or podiatrist.
Furthermore, this definition shall exclude from its operation duly licensed barbers or cosmetologists who may administer massages involving only the
scalp, face, neck or shoulders to a patron who is fully clothed.
Nude or nudity: The showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the
female breast with less than a full opaque covering of any part of the nipple or areola, of the showing of the covered male genitals in a discernible turgid
state.
Operator: Any person operating, conducting or maintaining an adult entertainment business.
Person: Any individual, partnership, corporation, trust, incorporated or unincorporated association, martial community, joint venture, governmental
entity, or other entity or group of persons however organized.
Public place: Any area generally visible to public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, and
automobiles whether moving or not.
Server: Any person who serves food or drink at an adult entertainment business.
Specified anatomical areas: Means
(1)
Uncovered or exposed human genitals, pubic region or pubic hair; or buttock; or female breast or breasts below a point immediately above the
top of the areola or nipple, or any combination of the foregoing; or
(2)
Human male genitals in a discernible erect state, even if completely and opaquely covered.
Specified sexual activities: Sexual conduct, being actual or simulated, acts of human masturbation; sexual intercourse; or physical contact, in an act of
apparent sexual stimulation or gratification, with a person's clothed or unclothed genitals, pubic area, buttocks, or the breast of a female; or any
sadomasochistic abuse or acts including animals or any latent objects in an act of apparent sexual stimulation or gratification.
(Ord. No. 2289, § 7, 7-26-04; Ord. No. 2680, § 1, 1-13-14)
Sec. 13-148. - Business license required.
(a) It shall be unlawful for any person to operate or maintain an adult entertainment business in the city unless the owner, operator or lessee thereof
has obtained an adult entertainment business license from the city, or to operate such business after such license has been revoked or suspended
by the city.
(b)
It is unlawful for any entertainer, employee or manager to knowingly perform any work, service or entertainment directly related to the operation of
an unlicensed adult entertainment business.
(c)
It shall be prima facia evidence that any adult entertainment business that fails to have posted, in the manner required by this division, an adult
entertainment business license, has not obtained such a license. In addition, it shall be prima facia evidence that any entertainer, employee or
manager who performs any service or entertainment in an adult entertainment business in which an adult entertainment license is not posted, in the
manner required by this division, had knowledge that such business was not licensed.
(Ord. No. 2289, § 7, 7-26-04)
Sec. 13-149. - Managers, servers and entertainers, license required.
It is unlawful for any person to work as an entertainer, server or manager at an adult entertainment business without first obtaining a license to do
so from the city, or to work as an entertainer, server or manager at an adult entertainment business after such person's license to do so has been
revoked or suspended.
(Ord. No. 2289, § 7, 7-26-04)
Sec. 13-150. - License, classification and fees.
(a) The license year for all fees required under this division shall be as stated in the City Code. The application for a license shall be accompanied by
payment in full and no application shall be considered complete until such fee is paid.
(b)
All licenses shall be issued for a specific location and shall be nonrefundable and nontransferable.
(c)
The classification of licenses and fees shall be as set forth in the City Code.
(Ord. No. 2289, § 7, 7-26-04)
Sec. 13-150.1. - License application.
(a) Adult entertainment business application. All persons desiring to secure a license to operate an adult entertainment business under the provisions of
this division shall make application with the city administrator. All applications shall be submitted in the name of the person proposing to conduct or
operate the adult entertainment business. All applications shall be submitted on a form supplied by the city administrator and shall require the
following information:
(1)
The name, residence address, home telephone number, occupation, date and place of birth and Social Security number of the applicant.
(2)
The name of the adult entertainment business, a description of the adult entertainment to be performed on the licensed premises, and the
name of the owner of the premises where the adult entertainment business will be located.
(3)
The names, residence addresses, Social Security numbers and dates of birth of all partners, if the applicant is a partnership; and if the applicant
is a corporation or limited liability company, the same information for all corporate officers and directors, stockholders or members who own
more than ten (10) percent or greater interest in the corporation or limited liability company.
(4)
The addresses of the applicant, or of all partners, or of all corporate officers, directors and members for the five (5) years immediately prior to
the date of application.
(5)
A description of the adult entertainment or similar business history of the applicant, or of all partners, or of all corporate officers, directors and
members; whether any such person or entity, in previously operating in this or another city, county or state, has had a business license revoked
or suspended, the reason therefor, and the activity or occupation subjected to such action, suspension or revocation;
(6)
A statement of the business, occupation or employment of the applicant, or of all partners, members, or of all corporate officers and directors
for the three (3) years immediately preceding the date of the application.
(7)
A statement from the applicant, or from each partner, member, or from each corporate officer and director, that each such person has not been
convicted of, released from confinement for conviction of, or diverted from prosecution on:
a.
A felony criminal act within five (5) years immediately preceding the application, or
b.
A misdemeanor criminal act within two (2) years immediately preceding the application, where such felony or misdemeanor criminal act
involved sexual offenses, prostitution, promotion of prostitution, sexual abuse of a child, pornography or related offenses as defined in the
Missouri Criminal Code, or involved controlled substances or illegal drugs or narcotics offenses as defined in the Missouri Controlled
Substance Act or other statutes or ordinances.
The statement shall also indicate that the applicant, each partner or each corporate officer, director or member has not been convicted of a
municipal ordinance violation or diverted from prosecution on a municipal ordinance violation within two (2) years immediately preceding the
application where such municipal ordinance violation involved sexual offenses, indecent exposure, prostitution or sale of controlled substances
or illegal drugs or narcotics.
(8)
A full set of fingerprints and a photograph, to be taken by the police department, of the applicant, or of all partners if the applicant is a
partnership, or of all corporate officers, directors, or members if the applicant is a corporation.
(9)
If the applicant is a corporation or limited liability company, a current certificate of registration issued by the Missouri Secretary of State.
(10)
A statement signed under oath that the applicant has personal knowledge of the information contained in the application and that the
information contained therein is true and correct and that the applicant has read the provisions of this division regulating adult entertainment
businesses.
Failure to provide the information and documentation required by this subsection shall constitute an incomplete application that shall not be processed.
(b)
Adult entertainment manager, server or entertainers license. All persons desiring to secure a license under the provisions of this division to be an adult
entertainment manager, server or entertainer shall make a notarized application with the city administrator. All applicants shall be submitted in the
name of the person proposing to be an adult entertainment manager, server or entertainer. All applications shall be submitted on a form supplied by
the city administrator and shall require the following information:
(1)
The applicant's name, home address, home telephone number, date and place of birth, Social Security number, and any stage names or
nicknames used in entertaining.
(2)
The name and address of each adult entertainment business where the applicant intends to work as a manager, server or entertainer, and an
"intent to hire" statement from an adult entertainment business that is licensed, or that has applied for a license, under the provisions of this
division, indicating the adult entertainment business intends to hire the applicant to manage, serve or entertain on the premises.
(3)
A statement from the applicant, that the applicant has not been convicted of, released from confinement for conviction of, or diverted from
prosecution on:
a.
A felony criminal act within five (5) years immediately preceding the application, or
b.
A misdemeanor criminal act within two (2) years immediately preceding the application, where such felony or misdemeanor criminal act
involved sexual offenses, prostitution, promotion of prostitution, sexual abuse of a child, pornography or related offenses as defined in the
Missouri Criminal Code, or involved controlled substances or illegal drugs or narcotics offenses as defined in the Missouri Controlled
Substance Act or other statutes or ordinances.
The statement shall also indicate that the applicant has not been convicted of a municipal ordinance violation or diverted from prosecution on a
municipal ordinance violation, within two (2) years immediately preceding the application where such municipal ordinance violation involved
sexual offenses, indecent exposure, prostitution or sale of controlled substances or illegal drugs or narcotics.
(4)
A full set of fingerprints and a photograph, to be taken by the police department, of the applicant.
(5)
The applicant shall present to the city administrator who shall copy documentation that the applicant has attained the age of eighteen (18) years
at the time the application is submitted. Any of the following shall be accepted as documentation of age:
a.
A motor vehicle operator's license issued by any state; bearing this applicant's photograph and date of birth;
b.
A state issued identification card bearing the applicant's photograph and date of birth;
c.
An official and valid passport issued by the United States of America;
d.
An immigration card issued by the United States of America;
e.
Any other form of picture identification issued by a governmental entity that is deemed reliable by the city administrator; or
f.
Any other form of identification deemed reliable by the city administrator.
Failure to provide the information required by this subsection shall constitute an incomplete application and shall not be processed.
(c)
Application processing.
(1)
Upon receipt of a complete application for an adult entertainment or an adult entertainment manager, server or entertainer license, the city
administrator shall immediately transmit one (1) copy of the application to the chief of police for investigation of the application. In addition, the
city administrator shall transmit a copy of the application to the building commissioner. It shall be the duty of the chief of police or his designee
to investigate such application to determine whether the information contained in the application is accurate and whether the applicant is
qualified to be issued the license applied for. The chief of police shall report the results of the investigation to the city administrator not later
than ten (10) working days from the date the application is received by the city administrator. It shall be the duty of the building commissioner to
determine whether the structure where the adult entertainment business will be conducted complies with the requirements and meets the
standards of the applicable health, zoning, building code, fire and property maintenance ordinances of the city.
(2)
The building commissioner shall report the results of the investigation to the city administrator not later than ten (10) working days from the
date the application is received by the city administrator. Upon receipt of the reports from the chief of police and the building commissioner, the
city administrator shall schedule the application for the consideration by the board of aldermen at the earliest meeting consistent with the
notification requirements established by law, providing the licensed application for an adult entertainment business and for an adult
entertainment business manager, server or entertainer license shall be approved or disapproved within forty-five (45) days of the date of filing of
a completed application with the city administrator's office. The applicant shall be notified in writing of the date when the board of aldermen will
consider the application.
(Ord. No. 2289, § 7, 7-26-04)
Sec. 13-150.2. - Examination of application; issuance of license; disapproval.
(a)
If the application for an adult entertainment business or an adult entertainment business manager, server or entertainer is in proper form and
accompanied by the appropriate license fee, the city administrator shall examine the application and after such examination, the city administrator
shall, if the applicant is qualified, approve a license as provided for by law.
(b)
The license shall state that it is not transferable to other persons and the calendar year for which it is issued. The license shall be kept posted in a
conspicuous place in the place of business that is licensed or where the licensee is working.
(c)
If an application for a license is disapproved, the applicant shall be immediately notified by registered or certified mail to the applicant's last known
address, and the notification shall state that basis for such disapproval. Any applicant aggrieved by the disapproval of a license application may seek
judicial review in a manner provided by law.
(Ord. No. 2289, § 7, 7-26-04)
Sec. 13-150.3. - License ineligibility and disqualification.
No person is eligible nor shall a license be issued to:
(1)
(2)
An adult entertainment business applicant if one (1) or more of the following conditions exist:
a.
The applicant failed to supply all of the information requested on the application;
b.
The applicant gave materially false, fraudulent or untruthful information on the application;
c.
The applicant's proposed business premises does not comply with or meet the requirements of the applicable health, zoning, building code,
fire and property maintenance ordinances of the city, provided, that upon a showing that the premises meets said requirements and that
the applicant is otherwise qualified, the application shall be eligible for reconsideration by the board of aldermen.
d.
The applicant has been convicted of any felony or a misdemeanor involving sexual misconduct.
e.
The applicant has had an adult entertainment license revoked or suspended in this or any other city during the past five (5) years.
An applicant for an adult entertainment manager, server or entertainer if one (1) or more of the following conditions exist:
a.
The employer for whom the applicant intends to work does not have or is ineligible to receive an adult entertainment business license for
any of the reasons stated in subsection (a) above;
b.
The applicant has been convicted of any felony or a misdemeanor involving sexual misconduct.
c.
The applicant failed to provide all of the information required on the application;
d.
The applicant gave materially false, fraudulent or untruthful information on the application.
e.
The applicant has had an adult entertainment manager, server or entertainer license revoked or suspended in this or any other city during
past five (5) years.
(Ord. No. 2289, § 7, 7-26-04)
Sec. 13-150.4. - Standards of conduct.
The following standards of conduct shall be adhered to by all adult entertainment business licensees, their employees and all adult entertainment
business managers, servers and entertainers and patrons of adult entertainment businesses, while on or about the premises of the business:
(1)
Interior restrictions.
a.
It shall be unlawful for any erotic dancer to dance at a distance of less than ten (10) feet from any patron or to touch any patron while
dancing.
b.
It shall be unlawful for any erotic dancer to dance on a stage that is not raised at least two (2) feet above the area on which the patron or
patrons sit or stand.
(2)
Age restriction. Only persons eighteen (18) years of age or older shall be permitted on the premises of any adult entertainment business.
(3)
Exterior observation. The premises of all adult entertainment businesses will be so constructed as to include an anteroom, foyer, partition or
other physical barrier on all customer entrances, that will insure observation of the interior of the premises is not observable from the exterior
of the building. In addition, all windows will be covered to prevent viewing of the interior of the building from the outside and all doorways not
constructed with an anteroom or foyer will be covered so as to prevent observation of the interior of the premises from the exterior of the
building.
(4)
Exterior display. No adult entertainment business will be conducted in any manner that permits the observation of live performers engaged in an
erotic depiction or dance or any material or persons depicting, describing or relating to "specified sexual activities" or "specified anatomical
areas," as defined herein, from any exterior source by display, decoration, sign, show window or other opening.
(5)
Nudity prohibited, exceptions. No employee, server or entertainer in an adult entertainment business shall appear nude, unclothed, in less than
opaque attire or in any fashion that exposes to view any specified anatomical area.
(6)
Certain acts prohibited.
a.
No employee, server or entertainer shall perform any specified sexual activities as defined herein, wear or use any device or covering
exposed to view which simulates any specified anatomical area, use artificial devices or inanimate objects to perform or depict any of the
specified sexual activities as defined herein, or participate in any act of prostitution.
b.
No employee, server, entertainer or patron of an adult entertainment business shall knowingly touch, fondle or caress any specified
anatomical area of another person, or knowingly permit another person to touch, fondle, or caress any specified anatomical area of such
employee, server, entertainer or patron, whether such specified anatomical areas are clothed, unclothed, covered or exposed.
c.
No employee, server or entertainer of an adult entertainment business shall be visible from the exterior of the adult entertainment business
while such person is unclothed or in such attire, costume or clothing as to expose to view any specified anatomical area.
d.
No adult entertainer shall solicit, demand or receive any payment or gratuity from any patron or customer for any act prohibited by this
division and no adult entertainer shall receive any payment or gratuity from any customer for any entertainment except as follows:
1.
While such entertainer is on the stage or platform, a customer or patron may place such payment or gratuity into a box affixed to the
stage, or
2.
e.
(7)
While such entertainer is not on the stage or platform and is clothed so as to not expose to view any specified anatomical area, a
customer or patron may place such payment or gratuity into the entertainer's hand.
No owner, operator, manager or other person in charge of the premises of an adult entertainment premises shall:
1.
Knowingly permit alcoholic liquor or cereal malt beverages to be brought upon or consumed on the premises, (unless otherwise
permitted pursuant to chapter 4, Alcoholic Beverages of this Code);
2.
Knowingly allow or permit the sale, distribution, delivery or consumption of any controlled substance or illegal drug or narcotic on the
premises;
3.
Knowingly allow or permit any person under the age of eighteen (18) years of age to be in or upon the premises;
4.
Knowingly allow or permit any act of prostitution or patronizing prostitution on the premises; or
5.
Knowingly allow or permit a violation of this division or any other city ordinance provision or state law.
Signs required. All adult entertainment business shall have conspicuously displayed in the common area at the principle entrance to the premises
a sign, on which uppercase letters shall be at two (2) inches high and lowercase letters at least one (1) inch high, which shall read as follows:
THIS ADULT ENTERTAINMENT BUSINESS IS REGULATED AND LICENSED BY THE CITY OF DES PERES.
ENTERTAINERS ARE:
* Not permitted to engage in any type of sexual conduct or prostitution on the premises or to fondle, caress or touch the breasts, pubic
region, buttocks or genitals of any employee, patron or other entertainer or to permit any employee, patron, or other entertainer to fondle,
caress or touch the breasts, pubic region, buttocks or genitals of said entertainer.
* Not permitted to be nude, unclothed, or in less than opaque attire, costume or clothing so as to expose to view any portion of the breasts
below the top of the areola, or any portion of the pubic region, buttocks and or genitals, unless upon a stage at least two (2) feet above the
customer floor and a sufficient distance from the customers to prevent the customers from touching the entertainers.
* Not permitted to demand or collect any payment or gratuity from any customer for entertainment, except as follows:
- While such entertainer is on the stage, by placing such payment or gratuity into a box affixed to the stage, or
- While such entertainer is not on the stage, by placing such payment or gratuity into the entertainer's hand.
CUSTOMERS ARE:
* Not permitted to be upon the stage at any time.
* Not permitted to touch, caress or fondle the breasts, pubic region, buttocks or genitals of any employee, server or entertainer or engage in
solicitation for prostitution.
(8)
Lighting required. The premises of all adult entertainment businesses shall be equipped with overhead lighting of sufficient intensity to illuminate
every place to which customers are permitted access to an illumination of not less that one (1) foot candle as measured at the floor level, and
such illumination must be maintained at all times that any customer or patron is present in or on the premises.
(9)
Closed booth or room prohibited. The premises of all adult entertainment businesses shall be physically arranged in such manner that the entire
interior portions of any booths, cubicles, rooms or stalls is visible from a common area of the premises. Visibility shall not be blocked or
obscured by doors, curtains, drapes or any other obstruction whatsoever.
(10)
Ventilation and sanitation requirements. The premises of all adult entertainment businesses shall be kept in a sanitary condition. Separate
dressing rooms and restrooms for men and women shall at all times be maintained and kept in a sanitary condition.
(11)
Hours of operation. No adult entertainment business may be open or in use between the hours of 1:30 a.m. and 9:00 a.m. on any day other than
a Sunday when the business may not be open between the hours of 1:30 a.m. and 12:00 noon.
(Ord. No. 2289, § 7, 7-26-04)
Sec. 13-150.5. - License posting or display.
(a) Every person, corporation, partnership, or association licensed under this division as an adult entertainment business shall post such license in a
conspicuous place and manner on the adult entertainment facility premises.
(b)
Every person holding an adult entertainment server, manager or entertainer license shall post his or her license in his or her work area on the adult
entertainment facility premises so it shall be readily available for inspection by city authorities responsible for enforcement of this division.
(Ord. No. 2289, § 7, 7-26-04)
Sec. 13-150.6. - Manager on premises.
(a) An adult entertainment manager shall be on duty at any adult entertainment business at all times the premises is open for business. The name of
the manager on duty shall be prominently posted during business hours.
(b)
It shall be the responsibility of the manager to verify that any person who provides adult entertainment or works as a server within the premises
possesses a current and valid adult entertainer's license or an adult entertainment server's license and that such licenses are prominently posted.
(Ord. No. 2289, § 7, 7-26-04)
Sec. 13-150.7. - Inspector and inspections.
All adult entertainment businesses shall permit representatives of the police department or any other city official acting in their official capacity to
inspect the premises as necessary to insure the business is complying with all applicable regulations and laws.
(Ord. No. 2289, § 7, 7-26-04)
Sec. 13-150.8. - Suspension, revocation, or nonrenewal—License.
Whenever the city administrator has information that:
(1)
The owner or operator of an adult entertainment business or a holder of an adult entertainment manager, server or entertainer license has
violated, or knowingly allowed or permitted the violation of, any of the provisions of the City Code; or
(2)
There have been recurrent violations of provisions of this division that have occurred under such circumstances that the owner or operator of
an adult entertainment business knew or should have known that such violations were committed; or
(3)
The adult entertainment business license or the adult entertainment manager, server or entertainer license was obtained through false
statements in the application for such license, or renewal thereof; or
(4)
The adult entertainment business licensee or the adult entertainment manager, server or entertainer licensee failed to make a complete
disclosure of all information in the application for such license, or renewal thereof; or
(5)
The owner or operator, or any partner, or any corporate officer or director holding an adult entertainment business license has become
disqualified from having a license by a conviction as provided in subsection 13-153.1(d); or
(6)
If the holder of an adult entertainment manager, server or entertainer license has become disqualified from having a license by a conviction as
provided in section 13-150.3(1)d, then the city administrator shall conduct a public hearing to determine whether the license should be
suspended or revoked. Based on the evidence produced at the hearing, the city administrator may take any of the following actions:
a.
Suspend the license for up to ninety (90) days.
b.
Revoke the license for the remainder of the license year.
c.
Place the license holder on administrative probation for a period of up to one (1) year, on the condition that no further violations of the
division occur during the period of probation. If a violation does occur and after a hearing the violation is determined to have actually
occurred, license will be revoked for the remainder of the license year.
d.
Any action otherwise authorized in the City Code not inconsistent with this section.
(Ord. No. 2289, § 7, 7-26-04)
Sec. 13-150.9. - Renewal.
(a) A license may be renewed by making an application for renewal to the city administrator on application forms provided for that purpose. Licenses
shall expire on March 15 of each calendar year, and renewal applications for such licenses shall be submitted to the city administrator by February
15 of each license year.
(b)
Upon timely application and review as provided for a new license, a license issued under the provisions of this division shall be renewed by issuance
of a new license in the manner provided in this division.
(c)
If the application for renewal of a license is not made during the time otherwise provided in the Des Peres City Code, a new application shall be
required.
(Ord. No. 2289, § 7, 7-26-04)
Sec. 13-150.10. - Judicial review—Stay of enforcement of orders.
Following the entry of an order by the city administrator, suspending or revoking a license issued pursuant to this division, or disapproving the
renewal application for a license, such licensee or applicant may seek administrative or judicial review in a manner provided by law.
(Ord. No. 2289, § 7, 7-26-04)
Sec. 13-150.11. - Penalty.
It shall be unlawful for any person to violate any of the provisions of this division. Upon conviction thereof, such person shall be punished by a fine
not exceeding one thousand dollars ($1,000.00), or be punished by incarceration for a period not to exceed ninety (90) days, or by both such fine and
incarceration. Each day's violation of, or failure, refusal or neglect to comply with, any provision of this division shall constitute a separate and distinct
offense.
(Ord. No. 2289, § 7, 7-26-04)
ARTICLE III. - PRIVATE WATCHMEN[3]
Sec. 13-151. - Regulatory authority.
The director of public safety is hereby authorized and shall have the power to regulate all watchmen who serve as such in the city.
(Code 1980, § 200.080)
Sec. 13-152. - County license required.
No person may act as a private watchman within the city without first being and licensed as a private watchman by the county.
(Code 1980, § 200.080(1))
Sec. 13-153. - City permit required; application.
Before acting as a private watchman within the city and each year after beginning such employment, a person must, in addition to the requirements
of section 13-152, obtain a permit from the director of public safety which shall contain the following information regarding the applicant:
(1)
Name;
(2)
Address;
(3)
Training;
(4)
Location of employment.
(Code 1980, § 200.080(2))
Sec. 13-154. - Carrying weapons prohibited.
Notwithstanding the ordinances of the county, no private watchman acting under a permit from the city shall carry a gun or other weapon while on
duty within the city.
(Code 1980, § 200.080(3))
Secs. 13-155—13-165. - Reserved.
ARTICLE IV. - PUBLIC UTILITIES[4]
Sec. 13-166. - License or occupational tax required; amount.
(a) Every public utility, except those engaged in the business of furnishing gas, gas service, electricity, electric power and/or electric service shall pay to
the city an annual license or occupational tax in an amount equal to five (5) percent of the gross receipts derived from such business.
(b)
Every public utility engaged in the business of furnishing gas or gas service shall pay to the city an annual license or occupational tax in an amount
equal to four (4) percent of the gross receipts derived from such business.
(c)
Every public utility engaged in the business of furnishing electricity, electric power and/or electric service shall pay to the city, an annual license or
occupation tax at the rate of three point three-seven (3.37) percent of the gross receipts derived from such business.
Sec. 13-167. - Statement of gross receipts; payment of license or occupational tax.
Every public utility shall file with the city collector of the city, on or before the last day of each and every month, a sworn statement of gross receipts
derived by such public utilities from the furnishing of such service during the preceding calendar month and shall, at the same time, pay to the city the
license or occupational tax measured by such receipts at the rate provided in this article.
(Ord. No. 1072, § 1, 3-26-84; Ord. No. 2386, § 1, 9-25-06)
Secs. 13-168—13-180. - Reserved.
Editor's note— Ord. No. 2386, § 2, adopted Sept. 25, 2006, repealed §§ 13-168—13-174 in their entirety. Former §§ 13-168—13-174 pertained to
telephone companies and derived from Ord. No. 2359, § 1, adopted Apr. 24, 2006 and Ord. No. 2360, § 1, adopted Apr. 24, 2006.
ARTICLE V. - WEIGHTS AND MEASURES CODE
Sec. 13-181. - Code adopted.
The St. Louis County Weights and Measures Code adopted under St. Louis County Ordinance Nos. 2924, 3911, 4600 and 6023 is hereby adopted as
the Weights and Measures Code of the City of Des Peres, Missouri. Three (3) copies of said code and all amendments thereto shall be on file with the city
and maintained in the office of the city clerk, director of public works and fire marshal of the city.
(Code 1980, § 535.010; Ord. No. 1370, § 1(8), 1-23-89; Ord. No. 1712, § 6, 3-27-95)
Chapter 14 - MOTOR VEHICLES AND TRAFFIC[1]
The following words and phrases, when used in this chapter, mean:
Accident: An unintended event that produces injury or damage. The word "injury" includes "fatal injury." A motor vehicle accident is an accident
involving a motor vehicle in transport, but not including aircraft or watercraft.
All-terrain vehicle. Any motorized vehicle manufactured and used exclusively for off-highway use which is fifty (50) inches or less in width, with an
unladen dry weight of six hundred (600) pounds or less, traveling on three (3), four (4) or more low pressure tires, with a seat designed to be straddled by
the operator, and handlebars for steering control.
Astride: With one (1) leg on each side.
Authorized emergency vehicle: A vehicle publicly owned and operated as an ambulance, or a vehicle publicly owned and operated by the state highway
patrol, public safety department, police or fire department, sheriff or constable or deputy sheriff, or traffic officer, or any privately owned vehicle
operated as an ambulance when responding to emergency calls.
Bicycle: Every vehicle having two (2) tandem wheels propelled solely by human power upon which any person may ride, except scooters and similar
devices.
Bus: A motor vehicle designed primarily for the transportation of a driver and eight (8) or more passengers.
Bus zone: A portion of a roadway adjacent to the curb which has been marked by appropriate signs or painted markings and which is primarily
reserved for the use of buses while loading and unloading passengers.
Business district: The territory contiguous to and including a highway when, within any six hundred (600) feet along the highway, there are buildings in
use for business or industrial purposes, including but not limited to banks or office buildings, railroad stations and public buildings which occupy at least
three hundred (300) feet of frontage on one (1) side or three hundred (300) feet collectively on both sides of the highway.
Centerline: A continuous or broken line marked upon the surface of a roadway by paint or otherwise to indicate each portion of the roadway allocated
to traffic proceeding in opposite directions, and, if the line is not so painted or otherwise marked, it is an imaginary line in the roadway equally distant
from the edges or curbs of the roadway.
Chauffeur: An operator who operates a motor vehicle in the transportation of persons or property, and who receives compensation for such services
in wages, salary, commission or fare; or who as owner or employee operates a motor vehicle carrying passengers or property for hire; or who regularly
operates a commercial motor vehicle of another person in the course of or as an incident to his employment, but whose principal occupation is not the
operating of such motor vehicle, except that a school bus operator as exempted under section 302.051 of the Revised Statutes of Missouri shall not be
considered a chauffeur.
Commercial motor vehicle: Every vehicle designed, or regularly used for carrying freight and merchandise, or more than eight (8) passengers.
Controlled or limited access street or highway: Every highway, street or roadway in respect to which owners or occupants of abutting lands and other
persons have no legal right of access to or from the same except at such points and only in such manner as may be determined by the public authority
having jurisdiction over the highway, street or roadway.
Conviction: Any final conviction; also a forfeiture of bail or collateral deposited to secure a defendant's appearance in court, which forfeiture has not
been vacated, shall be equivalent to a conviction; except that when any conviction, as a result of which "points" may be assessed under state law, is
appealed, the term "conviction" means the original judgment of conviction for the purpose of determining the assessment of points, and the date of final
judgment offering the conviction shall be the date determining the beginning of any license suspension or revocation under state law.
Crosswalk:
(1)
That part of a roadway at an intersection included within the connections of lateral lines of the sidewalks on opposite sides of the roadway
measured from the curbs, or in the absence of curbs, from the edges of the traversable roadway; or
(2)
Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.
Curb: The lateral boundaries of that portion of the street designated for the use of vehicles, whether marked with curbstones or not.
Curb loading zone: A space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials.
Daytime: The period of time from one-half hour before sunrise to one-half hour after sunset.
Dealer, motor vehicle: Any person engaged in the sale or exchange of new, used or reconstructed motor vehicles or trailers.
Director or director of revenue: The director of the state department of revenue.
Drag race: The operation of two (2) or more vehicles side by side at accelerating speeds in a competitive attempt to outdistance each other, or the
operation of one (1) or more vehicles over a common selected course, from the same point to the same point, for the purpose of comparing the relative
speeds or power of acceleration of such vehicle or vehicles within a certain distance or time limit.
Driver: Any person who drives or is in actual physical control of a vehicle.
Emergency vehicle. Is any vehicle of the following types:
(1)
A vehicle operated by the state highway patrol, the state water patrol, the Missouri Capitol Police or those vehicles operated by enforcement
personnel of the state highways and transportation commission, any police, fire or public safety department, a sheriff, constable or deputy
sheriff, federal law enforcement officer authorized to carry firearms and to make arrests for violations of the laws of the United States, a traffic
officer or coroner or by a privately owned emergency vehicle company;
(2)
A vehicle operated as an ambulance or operated commercially for purposes of transporting emergency medial supplies or organs;
(3)
Any vehicle qualifying as an emergency vehicle pursuant to RSMo § 307.175;
(4)
Any wrecker or tow truck or vehicle owned and operated by a public utility or public service corporation while performing emergency service;
(5)
Any vehicle transporting equipment designed to extricate human beings from the wreckage of a motor vehicle;
(6)
Any vehicle designated to perform emergency functions for a civil defense or emergency management agency established pursuant to RSMo §
44;
(7)
Any vehicle operated by an authorized employee of the department of corrections who, as a part of the employee's official duties, is responding
to a riot, disturbance, hostage incident, escape or other critical situation where there is a threat of serious physical injury or death, responding to
a mutual aid call from another criminal justice agency or in accompanying any ambulance which is transporting an offender to a medical facility
or accompanying an ambulance which is transporting an offender to a medical facility;
(8)
Any vehicle designated to perform hazardous substance emergency functions established pursuant to RSMo §§ 260.500 to 260.550.
Farm equipment: A tractor or other equipment used exclusively for agricultural purposes.
Fire lane: Areas designated as fire lanes by the public safety department.
Gross weight: The weight of a vehicle and/or vehicle combination without load, plus the weight of any load thereon.
Highway: See "street or highway."
Improved highway: A highway which has been paved with gravel, macadam, concrete, brick or asphalt, or surfaced in such a manner that it shall have
a hard, smooth surface.
Incompetent to drive a motor vehicle: A person who has become physically or otherwise incapable of meeting the prescribed requirements of an
examination for an operator's license, or who has been adjudged by a probate division of the circuit court in a capacity hearing of being incapacitated.
Intersecting highway. Any highway which joins another, whether or not it crosses the same.
Intersection:
(1)
The area embraced within the prolongation of connection of the lateral curblines, or, if none, then the lateral boundary lines of the roadways of
two (2) highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways
joining at any other angle may come in conflict.
(2)
Where a highway includes two (2) roadways thirty (30) feet or more apart, then every crossing of each roadway of such divided highway by an
intersecting highway shall be regarded as a separate intersection. In the event that such intersecting highway also includes two (2) roadways
thirty (30) feet or more apart, then every crossing of two (2) roadways of such highway shall be regarded as a separate intersection.
Interstate: The roadway known as Interstate 270 (I-270).
Judgment: A final judgment by a court of competent jurisdiction of any state or of the United States, upon a claim for relief for damages, including
damages for care and loss of services, because of bodily injury to or death of any person, or for damages because of injury to or destruction of property,
including the loss of use thereof, or upon a claim for relief on any agreement or settlement for such damages arising out of the ownership, maintenance
or use of any motor vehicle.
Laned roadway: A roadway which is divided into two (2) or more clearly marked lanes for vehicular traffic.
Law enforcement officer or vehicle: Any member of, or vehicle operated by, the public safety department of the city, the state highway patrol, sheriff,
deputy sheriff, police department or federal law enforcement agency.
License: An operator's or driver's license, temporary instruction permit, chauffeur's or registered operator's license issued under the laws of this state.
Litter: Garbage, refuse, rubbish and all other waste material or any combination thereof.
Local authorities: Every county, municipal and other local board or body having authority to enact laws relating to traffic under the constitution and
the laws of the state.
Local commercial motor vehicle: A commercial motor vehicle whose operations are confined solely to a municipality and that area extending not more
than twenty-five (25) miles therefrom; or a commercial motor vehicle whose property-carrying operations are confined solely to the transportation of
property owned by any person who is the owner or operator of such vehicle to or from a farm owned by such person or under his control by virtue of a
landlord-and-tenant lease, provided that such property transported to any such farm is for use in the operation of such farm.
Motorcycle: Every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact
with the ground, but excluding a farm tractor.
Motorist: See "driver."
Motorized bicycle: Any two-wheeled or three-wheeled device having fully operative pedals capable of propulsion by human power, an automatic
transmission and a motor with a cylinder capacity of not more than fifty (50) cubic centimeters, which produces less than two (2) gross brake horsepower,
and is capable of propelling the device at a maximum speed of not more than thirty (30) miles per hour on level ground.
Motor vehicle: Any self-propelled vehicle not operated exclusively upon tracks, except farm tractors and motorized bicycles.
Moving violation: That character of traffic violation where at the time of the violation the motor vehicle involved is in motion, except that the term
does not include the driving of a motor vehicle without a valid motor vehicle registration license, or violations of state statutes relating to sizes and
weights of vehicles or in such a fashion as to cause excessive vehicle noise.
Municipal court: Every division of the circuit court having the original jurisdiction to try persons for violations of city ordinances.
Municipality: Includes cities, towns and villages, whether incorporated or not.
Nighttime: Any time other than that designated as daytime.
Nonresident of the city: Every person who is not a resident of the city.
Nonresident of the state: Every person who is not a resident of the state.
Nonresident's operating privilege: The privilege conferred upon a nonresident by the laws of this state pertaining to the operation by such person of a
motor vehicle or the use of a motor vehicle owned by such person in this state.
No passing zone: Any zone determined and indicated by signs or markings where overtaking and passing is deemed unsafe and under this chapter is
declared unlawful.
Official time standard: Whenever certain hours are named herein, they shall mean standard time or daylight saving time as may be in current use in
the city.
Official traffic-control devices: All signs, signals, markings and devices not inconsistent with this chapter, placed or erected by authority of a public body
or official having jurisdiction, for the purpose of regulating, warning or guiding traffic.
One way street: A street where vehicles are by law required to move only in one (1) direction.
Operator: See "driver."
Owner: Includes any person who holds the legal title of a vehicle or, in the event a vehicle is the subject of an agreement for the conditional sale or
lease thereof with the right of purchase upon performance of the conditions stated in the agreement, and with an immediate right of possession vested
in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession then such conditional vendee or lessee or mortgagor
shall be deemed the owner for purposes of this law.
Park or parking: The standing of a vehicle, whether occupied or not, other than for the temporary purpose of and while actually engaged in loading or
unloading merchandise or passengers.
Parking lot. Areas on private or public property providing for parking automobiles or other vehicles and which are regularly used by the public
incident to commercial or institutional purposes of the owner or occupant of the property, whether provided for hire or gratuitously.
Passenger curb loading zones: An area adjacent to a curb reserved for the exclusive use of vehicles during the actual loading or unloading of
passengers.
Pedestrian: Any person afoot.
Police officer: Every officer of the city department of public safety, or any other officer duly and lawfully recognized, deputized, and authorized to
direct or regulate traffic or to make arrests for violations of traffic regulations in the city.
Private road or driveway: Every way or place in private ownership and used for vehicular travel by the owner and those having expressed or implied
permission from the owner, but not by other persons.
Proof of financial responsibility: Proof of ability to respond in damages for liability, on account of accidents occurring subsequent to the effective date
of such proof, arising out of the ownership, maintenance or use of a motor vehicle, in the minimum amount specified by the statutes of this state.
Public garage: A place of business where motor vehicles of persons other than the owners or operators of such garage are housed, stored, repaired,
reconstructed or repainted.
Recognizance: An obligation requiring the accused to appear at all appropriate times and places or forfeit any bail and subject such accused to
criminal penalty for failure to appear.
Recreational motor vehicle: Any motor vehicle designed, constructed or substantially modified so that it may be used or is used for the purposes of
temporary housing quarters, including therein sleeping and eating facilities which are either permanently attached to the motor vehicle or attached to a
unit which is securely attached to the motor vehicle. Nothing herein shall prevent any motor vehicle being registered as a commercial motor vehicle if the
motor vehicle could otherwise be so registered.
Registration: Registration certificate or certificates and registration plates issued under the laws of this state pertaining to the registration of motor
vehicles.
Release on personal recognizance or release on own recognizance: The release of a defendant without bail, bailbond or sureties upon his promise to
appear at all appropriate times and places, and which subjects such defendant to criminal penalty for failure to appear.
Residential district: The territory contiguous to and including a highway not comprising a business district when the property on such highway for a
distance of three hundred (300) feet or more is in the main improved with residences or residences and buildings in use for business.
Right-of-way. The right of one (1) vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching
under such circumstances of direction, speed and proximity as to give rise to danger of a collision unless one grants precedence to the other.
Roadway: That portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a
highway includes two (2) or more separate roadways, the term "roadway" as used herein shall refer to any such roadway separately, but not to all such
roadways collectively.
Safety zone: The area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or
indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.
School bus: Any motor vehicle used solely to transport students to or from school or to transport students to or from any place for educational
purposes.
School zone: All of the street along the property line of a school plus a three hundred-foot extension thereof in both directions.
Sidewalk: That portion of a street between the curblines, or the lateral lines of a roadway, and the adjacent property lines, intended for use of
pedestrians.
Special mobile equipment: Every self-propelled vehicle not designed or used primarily for the transportation of persons or property and incidentally
operated or moved over the highways, including farm equipment, implements of husbandry, road construction or maintenance machinery, ditchdigging
apparatus, stone crushers, air compressors, power shovels, cranes, graders, rollers, well drillers and woodsawing equipment used for hire, asphalt
spreaders, bituminous mixers, bucket loaders, ditchers, leveling graders, finishing machines, motor graders, road rollers, scarifiers, earthmoving carryalls,
scrapers, drag lines, rock-drilling and earth-moving equipment. This enumeration shall be deemed partial and shall not operate to exclude other such
vehicles which are within the general terms of this subsection.
Stand or standing: The halting of a vehicle, whether occupied or not, other than for the purpose of, and while actually engaged in, receiving or
discharging passengers.
State: Any state, territory or possession of the United States, the District of Columbia, or any province of the Dominion of Canada.
Stop: When required, complete cessation of movement.
Stop or stopping: When prohibited, any halting, even momentarily, of a vehicle, whether occupied or not, except when necessary to avoid conflict with
other traffic or in compliance with the directions of a police officer or traffic-control sign or signal.
Street or highway: The entire width between the lines of every way when any part thereof is open to the use of the public for purposes of vehicular
travel. "State highway" is a highway maintained by the state as a part of the state highway system.
Tandem axle: A group of two (2) or more axles, arranged one (1) behind another, the distance between the extremes of which is more than forty (40)
inches and not more than ninety-six (96) inches apart.
Through highway, road or street: Every highway, road or street, or portion thereof on which vehicular traffic is given preferential right-of-way, and at
the entrances to which vehicular traffic from intersecting highways, roads or streets is required by law to yield the right-of-way to vehicles on such
highways, roads or streets, in obedience to either a stop sign or a yield sign, when such signs are erected as provided in this chapter.
Traffic: Pedestrians, ridden or herded animals, vehicles, streetcars and other conveyances, either singly or together while using any highway for the
purpose of travel.
Traffic-control devices: All signs, signals, markings, and devices placed or erected by authority of a public body or official having jurisdiction for the
purpose of regulating, warning or guiding traffic.
Traffic-control signal: Any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to
proceed.
Traffic division: When used in this chapter shall be deemed to refer to the public safety department of the city.
Trailer: Any vehicle without motor power designed for carrying property or passengers on its own structure and for being drawn by a self-propelled
vehicle, except those running exclusively on tracks, including a semitrailer or vehicle of the trailer type so designed and used in conjunction with a selfpropelled vehicle that a considerable part of its weight rests upon and is carried by the towing vehicle. The term "trailer" shall not include "cotton trailers"
as defined in section 301.010(6) of the Revised Statutes of Missouri nor shall it include "manufactured homes" as defined in section 700.010 of the
Revised Statutes of Missouri.
Truck: A motor vehicle designed, used or maintained for the transportation of property.
Truck tractor: A self-propelled motor vehicle designed for drawing other vehicles, but not for the carriage of any load when operating independently.
When attached to a semitrailer, it supports a part of the weight thereof.
U-turn: A turn by which a vehicle initially travels in one (1) direction, makes a movement resembling the letter "U" and, upon completion of such
movement, travels in the opposite direction to the direction of travel in which the vehicle was traveling prior to the start of the turning movement.
Vehicle. Any mechanical device on wheels, designed primarily for use, or used, on highways except motorized bicycles, vehicles propelled or drawn by
horses or human power or vehicles used exclusively on fixed rails or tracks, or cotton trailers or motorized wheelchairs operated by handicapped
persons.
(Ord. No. 1970, §§ 1—3, 8-23-99; Ord. No. 2409, § 1, 6-11-07)
State Law reference— Similar provisions—RSMo. §§ 300.010, 301.010, 302.010, 303.020.
Sec. 14-2. - Public employees to obey chapter.
The provisions of this chapter shall apply to the driver of any vehicle owned by or used in the service of the United States government, this state,
county or city, and it shall be unlawful for any such driver to violate any of the provisions of this chapter, except as otherwise permitted in this chapter or
by state law. Unless specifically made applicable, the provisions of this chapter shall not apply to persons, teams, motor vehicles, or other equipment
actually engaged in work upon the surface of a roadway, but shall apply to such persons and vehicles when traveling to and from such work.
State Law reference— Similar provisions RSMo. § 300.095.
Sec. 14-3. - Applicability to authorized emergency vehicles.
(a) The provisions of this chapter regulating the operation, parking and standing of vehicles shall apply to authorized emergency vehicles, as defined in
this chapter except that:
(1)
The driver of an authorized emergency vehicle when responding to an emergency call or when in pursuit of an actual or suspected violator of
the law or when responding to a fire alarm, but not upon returning from it, may exercise the provisions set forth in this section, but subject to
the conditions herein stated.
(2)
The driver of an authorized emergency vehicle may:
a.
Park or stand irrespective of the provisions of this chapter;
b.
Proceed past a red light or stop sign, but only after slowing down as may be necessary for safe operation;
c.
Exceed the maximum speed limits so long as doing so does not endanger life or property;
d.
Disregard regulations governing direction of movement or turning in specified directions.
(b)
The exemptions herein granted to an authorized emergency vehicle shall apply only when such vehicle is making use of audible and visual signals as
may be reasonably necessary, and when such vehicle is equipped with at least one (1) lighted lamp displaying a red light visible under normal
atmospheric conditions from a distance of five hundred (500) feet to the front of such vehicle.
(c)
This section shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all
persons using the highway, nor shall such provisions protect the driver from the consequences of his reckless disregard for the safety of others.
Sec. 14-4. - Toy vehicles, roller skates, etc., restricted.
No person upon roller skates, skateboard, or riding in or by means of any coaster, toy vehicle or similar device, shall go upon any highway, road or
street, except while crossing such highway, road or street in a crosswalk, and when so crossing, such person shall be granted all of the rights and shall be
subject to all the duties applicable to pedestrians.
Sec. 14-5. - Clinging to vehicles.
(a) No person riding upon any bicycle, motorized bicycle, coaster, roller skates, skateboard, sled or toy vehicle shall attach the same or the rider thereof
to any motorized vehicle in motion upon a roadway.
(b)
This subsection shall not prohibit attaching a bicycle trailer or semitrailer to a bicycle or motorized bicycle if that trailer or semitrailer has been
designed for such attachment.
Sec. 14-6. - Violation a misdemeanor.
It is a misdemeanor for any person to do any act forbidden or fail to perform any act required in this chapter, except that a judgment establishing
that an individual has violated the provisions of this chapter shall not be deemed to be a conviction for a misdemeanor within the meaning of section
556.016 of the Revised Statutes of Missouri.
Sec. 14-7. - Parties to an offense.
Every person who commits, attempts to commit, conspires to commit, or aids or abets in the commission of any act, declared herein to be unlawful
whether individually or in connection with one (1) or more other persons, or as a principal, agent or accessory, shall be guilty of such offense, and every
person who falsely, fraudulently, forcibly or willfully induces, causes, coerces, requires, permits or directs another to violate any provision of this chapter
is likewise guilty of such offense.
ARTICLE II. - ADMINISTRATION AND ENFORCEMENT
Sec. 14-21. - Authority to establish regulations.
The board of aldermen is authorized to adopt, and from time to time to amend, schedules to be attached to and incorporated by reference in the
Code of Ordinances of the city to delineate specific traffic regulations for various locations within the city on the matters of speed limits, parking of
vehicles, pedestrian movement, school zones, turning restrictions, stop and yield sign locations, and any other similar regulatory matters determined by
the board of aldermen to be appropriate for the safety of persons within the city.
Sec. 14-22. - Responsibility of department of public safety; authority of director of public safety.
(a) The department of public safety shall enforce the regulations of this chapter and state vehicle laws, make arrests for violations of such, investigate
accidents, cooperate with other city officials in the administration of traffic laws and in developing ways and means to improve traffic conditions and
carry out those duties especially imposed upon it by this chapter.
(b)
The director of public safety is hereby empowered to make regulations necessary to make effective the provisions of the traffic ordinances of the city
and to make and enforce temporary or experimental regulations to cover emergencies or special conditions and test traffic control devices under
actual conditions of traffic. No such temporary or experimental regulation shall remain in effect for more than ninety (90) days.
(c)
It shall be unlawful for any person to violate any temporary or experimental regulation adopted pursuant to this section.
(Ord. No. 2485, § 1, 10-27-08)
Sec. 14-23. - Responsibility of the department of public works.
The department of public works shall place and maintain traffic-control signs, signals, and devices when and as required under the traffic ordinances
of the city to make effective the provisions of such ordinances, and may place and maintain such additional traffic-control devices as may be necessary to
regulate traffic under the traffic ordinances of the city or under state law or to guide or warn traffic.
Sec. 14-24. - Authority of public safety officers.
(a) All public safety officers shall have the authority and those public safety officers as are assigned by the director of public safety shall have the duty, to
enforce all traffic laws of this city and all state vehicle laws applicable, to make arrests for traffic violations, to investigate accidents, to make reports
concerning traffic accidents, to cooperate with other city officials in the administration of traffic laws and developing ways and means to improve
traffic conditions, and to carry out those duties especially imposed upon them by this chapter.
(b)
Public safety officers, or such officers as are assigned by the director of public safety, are hereby authorized to direct all traffic by voice, hand or
signal, in conformance with traffic laws, provided that in the event of a fire or other emergency, in order to expedite traffic or to safeguard
pedestrians, they may direct traffic as conditions require, notwithstanding provisions of the traffic laws.
State Law reference— Similar provisions, RSMo. § 300.075(1), (2).
Sec. 14-25. - Authority of fire district officers.
Officers of any fire district or department, when at the scene of a fire, may direct traffic or assist public safety officers in directing traffic, either
thereat or in the immediate vicinity.
Sec. 14-26. - Obedience to public safety officers.
No person shall willfully fail or refuse to comply with any lawful order or direction of any law enforcement officer or fire department official invested
by law with the authority to direct, control or regulate traffic.
Sec. 14-27. - Fleeing or attempting to elude an officer.
Any driver of a motor vehicle who willfully fails or refuses to bring his vehicle to a stop, or who otherwise flees or attempts to elude a pursuing law
enforcement vehicle, when given visual or audible signal to bring the vehicle to a stop, shall be guilty of a violation. This signal given by the law
enforcement officer may be by hand, voice, emergency light or siren.
Sec. 14-28. - Failure to make reports, records.
No person required to make a report or to keep a record under this chapter shall willfully fail, refuse or neglect to make such report or to keep such
record.
Sec. 14-29. - False report to law enforcement; identity of driver.
It shall be unlawful for any person to represent to any officer either that such person was the driver of a motor vehicle when in fact they were not, or
that such person was not the driver of a motor vehicle when in fact they were, or that the driver was some person other than the actual driver for the
purpose either of having the actual driver avoid receiving or of having some other person receive a citation under the provisions of either this chapter or
the state statutes relating to offenses in the state motor vehicle laws.
Sec. 14-30. - False information on a report.
No person shall knowingly and willfully make any oral or written false report, or give any false information to any public authority, or to any person
reasonably calculated to relay such false report or information to any public authority, relating to the commission or the alleged commission of any
offense, which false report or information is calculated to cause such public authority to expend time or money in investigating such offense or alleged
offense, or calculated to cause public apprehension of danger.
DIVISION 2. - CITATIONS AND PROCEDURE UPON ARREST
Sec. 14-46. - Complaint, information, summons form used.
(a) In traffic cases, the complaint or information and summons shall be substantially in the form prescribed by the Missouri Supreme Court, known as
the Missouri Uniform Traffic Ticket, and when such ticket is executed in the manner provided by law it shall be deemed to be a lawful information for
the purpose of prosecution in the municipal court for offenses set out in this chapter.
(b)
The Missouri Uniform Traffic Ticket shall be used in traffic cases, whether the complaint is made by a police officer or by any other person, or the
information is made by the prosecutor.
Sec. 14-47. - Uniform traffic ticket record and reports.
(a) The municipal court shall approve uniform traffic tickets as prescribed by Supreme Court Rule 37.46. Books shall include serially numbered sets of
tickets in quadruplicate in the form prescribed by Missouri Supreme Court Rules.
(b)
The director of public safety shall be responsible for the issuance of such books to individual members of the public safety department. The director
of public safety shall require a written receipt for every book issued and shall maintain a record of every book and each set of tickets contained
therein.
State Law reference— Similar provisions, RSMo. § 300.575(1), (3).
Sec. 14-48. - Disposition and record of uniform traffic tickets.
(a) The director of public safety, or other responsible officer, shall cause the original copy of every traffic ticket issued to an alleged violator of any of the
provisions of this chapter to be deposited with the prosecuting attorney of the city or his or her duly authorized representative in the manner
provided by law or court rule.
(b)
It shall be unlawful and official misconduct for any public safety officer or other officer or public employee to dispose of, alter or deface a traffic
ticket or any copies thereof, or the record of the issuance or disposition of any traffic ticket or warrant, in a manner other than authorized.
(c)
The director of public safety shall require the return to him or her of every traffic ticket issued to an alleged violator of any provision of this chapter,
including all copies thereof which have been spoiled or upon which any entry has been made and not issued to an alleged violator. Such latter cases
shall require a concise statement by the officer, approved by his or her immediate supervisor, as to the reason the ticket was spoiled or not issued.
(d)
The director of public safety shall cause to be maintained a record of all warrants issued by the municipal court which are delivered to the
department of public safety for service, and of the final disposition of all warrants.
Sec. 14-49. - Illegal cancellation of traffic tickets.
It shall be unlawful for any person to cancel or solicit the cancellation of any traffic ticket, in any manner other than as provided in this chapter.
Sec. 14-50. - Records and reports of convictions.
(a) The municipal court shall keep or cause to be kept a record of every information filed with the court and shall keep a record of any official action by
the court, in accordance with state law or court rules.
(b)
Within thirty (30) days after the final conviction, or forfeiture of bail not vacated, of a person upon a charge of violating any provision of this chapter
for which a report may then be required by the state director of revenue, the municipal judge or clerk of the municipal court shall prepare or cause
to be prepared an abstract of the record of the court covering the case and immediately forward the abstract to the director. The abstract shall be
certified by the person required to prepare the same to be true and correct.
Sec. 14-51. - Procedure for release after arrest; arrest report.
(a) Phone calls. Following arrest, any person charged with a violation of this chapter is entitled to have a reasonable opportunity to make a phone call, as
soon as the booking process is completed.
(b)
Bond; release without delay. Every person charged with a violation of this chapter shall be given an opportunity to post a suitable bond and be
released without unnecessary delay.
(c)
Release on personal recognizance. If any person charged with a violation of this chapter is unable to post bond, then such person shall be brought
either before the municipal court or to the court's designated representative without unnecessary delay. The court or the court's designated
representative may, in the exercise of discretion release the arrested person on such person's personal recognizance. The names and the
appointment of the court's designated representatives shall be posted at the booking desk and no person other than the Municipal Court Judge or a
designated representative may release on personal recognizance any person so charged.
Sec. 14-52. - Procedure for issuance of traffic tickets.
Whenever an officer observes a person operating a vehicle or when such officer observes a vehicle, with or without driver, parked or standing in
violation of any of the provisions of this chapter the officer finding such person or vehicle shall take such information displayed on the vehicle or available
from the operator as is required to enable identification of the owner or operator, and shall present to the operator a traffic ticket if he or she is present,
but if the operator is not present, shall conspicuously affix to such vehicle a traffic ticket for the owner or operator to answer to alleged charges against
him or her in the manner prescribed by rule of the municipal court. In every instance, when a traffic summons is issued, the recipient thereof shall be
requested to acknowledge receipt of the ticket by signing the traffic ticket if he or she is present.
Sec. 14-53. - Tickets to give number and shortened caption of section.
Each ticket issued by an officer shall give the number and the essence of the caption of the section of the chapter charged, and it will not be deemed
necessary to give the full caption of the section.
Sec. 14-54. - Violations other than parking; driver's license presented in lieu of bail; offenses requiring posting of bail.
(a) Any person arrested and charged with violating the traffic ordinances of the city may, at the discretion of the officer authorized by law or rule of
court to accept bail, deposit his or her chauffeur's or operator's license issued by the state with the officer demanding bail in lieu of any other
security for an appearance in court to answer any such charge, except that such person's chauffeur's or operator's license will not be accepted, and
bail must be made, for the following:
(1)
When the officer is directed under law to take a person immediately before a judge;
(2)
When the violation involves serious personal injury or death;
(3)
When the violation involves a person who is an habitual user of drugs or who is under the influence of intoxicating liquor or drugs or one who
permits another person who is an habitual user of drugs or under the influence of intoxicating liquor or drugs to operate a motor vehicle owned
by the defendant or in his or her custody or control;
(4)
When the violation involves leaving the scene of an accident;
(5)
When the violation involves driving with a suspended driver's license, or driver's license which has been expired for more than sixty (60) days;
(6)
When it appears doubtful the violator will appear pursuant to a written summons; or
(7)
When bail is ordered by the court or by court rule.
(b)
The law enforcement officer requiring security for an appearance may accept the deposit of the driver's license in lieu of bail, and if the driver's
license is accepted, shall issue a receipt to the licensee for the license upon a form approved by the municipal court. The licensee may, until
appearance at the proper time and place as stated in the receipt to answer the charge has been made, operate motor vehicles while in possession of
the receipt. If a continuance is requested and granted, the licensee shall be given a new receipt for the license or the traffic violations bureau clerk
may return the license.
(c)
If the driver fails to appear at the proper time and place to answer the charge, the clerk of the municipal court shall within thirty (30) days notify the
state director of revenue of the failure of the defendant to appear and the director may thereafter withhold any renewal of the license or the
issuance of a duplicate license to the licensee, pursuant to the law, until notified by the court that the charge has been reduced to final judgment.
(d)
Any person arrested and charged with a city traffic ordinance violation, who is not licensed as a driver by a state that belongs to the nonresident
violator compact, and who has a valid driver's license from some other state, all else to the contrary notwithstanding, must post bail with the officer
authorized by law or rule of court to accept bail, in such amount as may be determined by the applicable rule of court concerning the amount of bail
on a particular charge. Such license issued by such other state will not be accepted in lieu of bail.
Sec. 14-55. - False report for citation; name, address, etc.
It is unlawful for any person, while being issued a citation charging a violation of this chapter to give any false or fictitious name or any name other
than such person's legal name or the name by which he or she is commonly known and is employed under, or to give a false or fictitious address or an
address other than the address of his or her permanent residence or to give any other false or fictitious information required to fill out the citation.
DIVISION 3. - ACCIDENTS
Sec. 14-71. - Public safety department to maintain traffic accident reports.
The public safety department shall maintain a suitable system of filing traffic accident reports. Accident reports, or cards referring to them, shall be
filed alphabetically by location.
Sec. 14-72. - Traffic accident studies.
Whenever accidents at any particular location become numerous, the public safety department shall cooperate with other city officials in conducting
studies of such accidents and determining remedial measures.
Sec. 14-73. - Public safety department to submit annual traffic safety report.
The public safety department shall prepare an annual traffic report which shall be filed with the city administrator. Such report shall contain, but not
be limited to, the following information:
(1)
Number of traffic accidents, number of persons killed, number of persons injured, and other pertinent traffic accident data;
(2)
Number of traffic accidents investigated and other pertinent data on safety activities of the police; and
(3)
Plans and recommendations of the public safety department for future traffic safety activities.
Sec. 14-74. - Immediate notice of accident.
The driver of any vehicle involved in an accident resulting in the injury or death of any person or total damage to all property to an apparent extent of
one hundred dollars ($100.00) or more shall immediately, by the quickest available means of communication, give notice of such accident to the public
safety department of the city if such accident occurs within the city.
Sec. 14-75. - Leaving the scene of a motor vehicle accident.
No person, being the operator or driver of a motor vehicle on a highway or on any publicly or privately owned parking lot or parking facility generally
open for use by the public and knowing that an injury has been caused to a person or damage has been caused to property due to such operator or
driver's culpability or to accident, shall leave the place of the injury, damage or accident without stopping and giving his or her true and correct address
(including street number, city and state), motor vehicle number and driving license number, if any, to the injured party or to the owner of the damaged
property or to a law enforcement officer having apparent authority in the jurisdiction of the event or, if no law enforcement officer is in the vicinity, then
to the nearest police station, public safety officer or judicial officer.
Sec. 14-76. - Removing damaged vehicles.
It shall be unlawful for any person to remove a wrecked or damaged vehicle from a highway or street without also removing all glass or other
injurious substances dropped upon the highway or street from such vehicle.
ARTICLE III. - MOTOR VEHICLES
Secs. 14-91—14-100. - Reserved.
DIVISION 2. - EQUIPMENT
Sec. 14-101. - Mechanically defective motor vehicles.
No person shall operate a motor vehicle, trailer, pole trailer or semitrailer in this city which is in such defective mechanical condition as to be
reasonably likely, because of such defective mechanical conditions, to cause damage to persons or property while being so operated.
Sec. 14-102. - Safety glass.
No person shall operate a motor vehicle in this city unless the vehicle is equipped with safety glass as required by state law.
Sec. 14-103. - Windshield; windows; wipers.
(a) No person shall operate or drive any motor vehicle in this city with any object suspended or mounted in any manner between the driver and the
front windshield or with any sign, poster, snow, ice or other nontransparent material upon the front windshield, side or rear windows of such vehicle
which obstructs or interferes with the driver's clear view of the street or which might divert the driver's attention from the street.
(b)
Wipers are required; no person shall operate or drive any motor vehicle, except a motorcycle, which is not equipped with a windshield wiper for
cleaning rain, snow or other moisture from the windshield, which wiper shall be constructed as to be controlled or operated by the driver of the
vehicle, and such windshield wiper shall be in good working order.
Sec. 14-104. - Mirrors.
No person shall operate a motor vehicle in this city which is so constructed or loaded that the operator cannot see the road behind such vehicle by
looking back or around the side of such vehicle. If such vehicle is so constructed or loaded, it shall be equipped with a mirror so adjusted as to reveal the
road behind and be visible from the operator's seat.
Sec. 14-105. - Horn.
Every motor vehicle shall be equipped with a horn directed forward or whistle in good working order, capable of emitting a sound adequate in quality
and volume to give warning of the approach of such vehicle to other users of the highway and pedestrians. Such signaling device shall be used for
warning purposes only and shall not be used for making any unnecessary noise, and no other sound-producing signaling device shall be used at any time.
Sec. 14-106. - Mufflers.
(a) No person shall operate a motor vehicle in this city unless such vehicle is equipped with a muffler in good working order and in constant operation
to prevent excessive or unusual noise.
(b)
No person shall operate or drive a motor vehicle in this city on which the exhaust system has been modified in a manner which will amplify or
increase the noise emitted by the motor of such vehicle; any muffler shall comply with all of the requirements of this section; nor shall a person
install or have installed a muffler cutout, bypass, or similar device upon a motor vehicle.
Sec. 14-107. - Brakes.
All motor vehicles, except motorcycles, shall be provided at all times with two (2) sets of adequate brakes, kept in good working order, and
motorcycles shall be provided with one (1) set of adequate brakes kept in good working order.
Sec. 14-108. - Mechanical or electrical signal devices required.
No person shall operate a motor vehicle in this city so constructed, equipped or loaded that hand and arm signals cannot be seen from the rear,
unless such motor vehicle is equipped with a mechanical or electrical signalling device which shall display a signal plainly visible from the rear and
indicating an intention to turn or stop, or that the speed of the motor vehicle is being slowed.
State Law reference— Hand and mechanical signals, RSMo. § 304.019.
Sec. 14-109. - Headlamp on motor vehicles.
Every motor vehicle other than a motor-drawn vehicle and other than a motorcycle shall be equipped with at least two (2) approved headlamps
mounted at the same level with at least one (1) on each side of the front of the vehicle. Every motorcycle shall be equipped with at least one (1) and not
more than two (2) approved headlamps. Every motorcycle equipped with a sidecar or other attachment shall be equipped with a clearance lamp on the
outside limit of such attachment capable of displaying a white light to the front.
Sec. 14-110. - When lamps required to be lighted.
Every vehicle upon a street or highway within this city at any time from one-half hour after sunset to one-half hour before sunrise, or when the street
lights are lighted, and at any other time when, due to insufficient light or unfavorable atmospheric conditions, persons and vehicles on the highway are
not clearly discernible at a distance of five hundred (500) feet ahead, and any time the weather conditions require usage of the motor vehicle's windshield
wipers to operate the vehicle in a careful and prudent manner as defined in section 304.012, RSMo. and during periods of fog even if usage of the
windshield wipers is not necessary to operate the vehicle in a careful and prudent manner, shall display lighted lamps and illuminating devices as herein
respectively required for different classes of vehicles, subject to exceptions with respect to parked vehicles, and further that stoplights, turn signals and
other signaling devices shall be lighted as prescribed for the use of such devices. Provided, however, that any other provision of this Code of Ordinances
to the contrary notwithstanding, violation of this section shall be deemed an infraction and any person who violates this section as it relates to violations
of the usage of lighted lamps required due to weather conditions or fog shall only be fined ten dollars ($10.00) and no court costs shall be assessed.
(Ord. No. 2312, § 1, 1-24-05)
Sec. 14-111. - Use of multiple-beam road lighting equipment.
(a) Whenever a motor vehicle is being operated on a roadway or shoulder adjacent thereto during the times specified in section 14-110, the driver shall
use a distribution of light, or composite beam directed high enough and of sufficient intensity to reveal persons and vehicles at a safe distance in
advance of the vehicle, subject to the following requirements and limitations: Whenever the driver of a vehicle approaches an oncoming vehicle
within five hundred (500) feet, or is within three hundred (300) feet to the rear of another vehicle traveling in the same direction, the driver shall use a
distribution of light or composite beam so aimed that the glaring rays are not projected into the eyes of the other driver, and in no case shall the
high-intensity portion which is projected to the left of the prolongation of the extreme left side of the vehicle be aimed higher than the center of the
lamp from which it comes at a distance of twenty-five (25) feet ahead, and in no case higher than a level of forty-two (42) inches above the level upon
which the vehicle stands at a distance of seventy-five (75) feet ahead.
(b)
The lower-most distribution of light or composite beam shall be deemed to avoid glare at all times, regardless of road contour or loading.
Sec. 14-112. - Spotlamps and auxiliary lamps.
(a) Any motor vehicle may be equipped with not to exceed one (1) spotlamp but every lighted spotlamp shall be so aimed and used so as not to be
dazzling or glaring to any person.
(b)
Any motor vehicle may be equipped with not to exceed three (3) auxiliary lamps mounted on the front at a height not less than twelve (12) inches
nor more than forty-two (42) inches above the level surface upon which the vehicle stands.
State Law reference— Similar provisions, RSMo. §§ 307.080, 307.090.
Sec. 14-113. - Taillamps; reflectors.
(a) Every motor vehicle and every motor-drawn vehicle except motorcycles shall be equipped with at least two (2) rear lamps, not less than fifteen (15)
inches nor more than seventy-two (72) inches above the ground upon which the vehicle stands, which, when lighted, will exhibit a red light plainly
visible from a distance of five hundred (500) feet to the rear. Either such rear lamps or a separate lamp shall be so constructed and placed as to
illuminate with a white light the rear registration number plate and render it clearly legible from a distance of fifty (50) feet to the rear. When the rear
registration marker is illuminated by an electric lamp other than the required rear lamps, all such lamps shall be turned on or off only by the same
control switch at all times.
(b)
Every motorcycle, when operated on a street or highway, shall also carry at the rear, either as part of the rear lamp or separately, at least one (1)
approved red reflector, which shall be of such size and characteristics and so maintained as to be visible during the times when lighted lamps are
required from all distances within three hundred (300) feet to fifty (50) feet from such vehicle when directly in front of a motor vehicle displaying
lawfully undimmed headlamps.
(c)
Every new passenger car, new commercial motor vehicle, motor-drawn vehicle and bus operated on a street or highway shall also carry at the rear at
least two (2) approved red reflectors, at least one (1) at each side, so designed, mounted on the vehicle and maintained as to be visible during the
times when lighted lamps are required from all distances within five hundred (500) feet to fifty (50) feet from such vehicle when directly in front of a
motor vehicle displaying lawful undimmed headlamps. Every such reflector shall meet the requirements of this section and shall be mounted upon
the vehicle at a height not to exceed sixty (60) inches nor less than fifteen (15) inches above the surface upon which the vehicle stands.
Sec. 14-114. - Colors of various lamps; restrictions on red lights; flashing signals prohibited except on specified vehicles.
(a) Headlamps, when lighted, shall exhibit lights substantially white in color. Auxiliary lamps, cowl lamps and spotlamps, when lighted, shall exhibit lights
substantially white, yellow or amber in color. No person shall drive or move any vehicle or equipment, except a school bus when used for school
purposes or an emergency vehicle, upon any street or highway with any lamp or device thereon displaying a red light visible directly in front thereof.
(b)
Alternately flashing warning signals may be used on school buses when used for school purposes, on motor vehicles when used to transport United
States mail from post offices to boxes of addresses thereof, and on emergency vehicles, but are prohibited on other motor vehicles, motorcycles and
motor-drawn vehicles, except as a means for indicating a right turn or left turn.
Sec. 14-115. - Limitation on total lamps lighted at one time.
At all times when lighted lamps are required, at least two (2) lighted lamps shall be displayed, one (1) on each side of the front of every motor vehicle,
except a motorcycle and a motor-drawn vehicle, except when such vehicle is parked subject to the provisions governing lights on parked vehicles.
Whenever a motor vehicle equipped with headlamps as in this division required is also equipped with any auxiliary lamps or a spotlamp or any other
lamp on the front thereof projecting a beam of an intensity greater than three hundred (300) candlepower, not more than a total of four (4) of any such
lamps on the front of a vehicle shall be lighted at any one (1) time upon a street or highway.
Sec. 14-116. - Other vehicles; how lighted.
All vehicles, including agricultural machinery or implements, road machinery, road rollers, traction engines and farm tractors not in this division
specifically required to be equipped with lamps shall be equipped during the time when lighted lamps are required with at least one (1) lighted lamp or
lantern exhibiting a white light visible from a distance of five hundred (500) feet to the front of such a vehicle and with a lamp or lantern exhibiting a red
light visible from a distance of five hundred (500) feet to the rear, and such lamps and lanterns shall exhibit lights to the sides of such vehicles.
Sec. 14-117. - Studded tires.
No person shall operate any motor vehicle upon any street or highway of this city between the first day of April and the first day of November while
the motor vehicle is equipped with tires containing metal or carbide studs.
Sec. 14-118. - Projections from vehicles.
All vehicles carrying objects which project more than five (5) feet from the rear of such vehicle shall, during the period when lights are required by
this chapter, carry a red light at or near the rear of the objects so projecting. At other times, a red flag or cloth, not less than sixteen (16) inches square,
shall be displayed at the end of such projection.
Sec. 14-119. - Towlines.
When one (1) vehicle is being towed by another, they shall be coupled by a line so that the two (2) vehicles will be separated by not more than fifteen
(15) feet and there shall be displayed on the towline a white cloth or paper so that the same will be clearly visible to other users of the highway. During
the time lights are required by this chapter, the required lights shall be displayed by both vehicles.
Sec. 14-120. - Trucks or truck-tractor-trailers; fenders or mudflaps required.
It shall be unlawful for any person to operate in this city a truck or truck-tractor-trailer without rear fenders, which is not equipped with mudflaps for
the rear wheels. If mudflaps are used, they shall be wide enough to cover the full tread width of the tires being protected; and shall be so installed that
they extend from the underside of the vehicle body in a vertical plane behind the rear wheels to within eight (8) inches of the ground; and shall be
constructed of a rigid material or a flexible material which is of a sufficiently rigid character to provide adequate protection when the vehicle is in motion.
No provision of this section shall apply to a motor vehicle in transit and in the process of delivery equipped with temporary mudflaps.
Sec. 14-121. - Operating a motor vehicle with tinted windows in excess of state law is prohibited.
It shall be unlawful for any person to operate a motor vehicle in violation of this section.
Any person may operate a motor vehicle with front side viewing vents or windows located immediately to the left and right of the driver that have a
sun screening device in conjunction with safety glazing material, that has a light transmission of thirty-five (35) percent or more plus or minus three (3.0)
percent and a luminous reflectance of thirty-five (35) percent or more less plus or minus three (3.0) percent.
Any sun screening device applied to front side viewing vents or windows located left and right of the driver in excess of the requirements of this
section shall be prohibited without a permit pursuant to a physician's prescription as prescribed by state law to allow operation of the vehicle by any
titleholder or relative within the second degree of consanguinity or affinity who resides in the household.
This section shall not prohibit labels, stickers, decalcomania or information signs on motor vehicles or the application of tinted or solar glass to
recreational vehicles provided that such material does not interfere with the driver's normal view of the road. This section shall not prohibit factoryinstalled tinted glass, the equivalent replacement thereof or tinting material applied to the upper portion of the motor vehicles windshield which is
normally tinted by the manufacturer of motor vehicle safety glass.
This section shall not apply to any motor vehicle licensed with a historical license plate.
(Ord. No. 2410, § 1, 6-11-07)
Sec. 14-122. - Use of compression release braking systems prohibited.
It shall be unlawful for the driver of any vehicle to cause their vehicle to brake or slow by any method which increases the noise emission levels of the
engine such as, but not limited to, engine compression release or engine retarder in lieu of applying the clutch or brakes upon any public streets, roads or
highways within the limits of the City of Des Peres except in case of a bona fide emergency stop necessitated by brake failure.
For the purposes of this section, "compression release type braking system" shall mean any devices that utilizes engine compression release or
engine retarders as a means of slowing or braking the speed of the vehicle in lieu of applying the clutch or brakes. Such a device is sometimes commonly
known as a "Jake Brake."
(Ord. No. 2607, § 1, 2-27-12)
Secs. 14-123—14-135. - Reserved.
DIVISION 3. - LICENSES AND REGISTRATION
Sec. 14-136. - Operator's license required.
(a) It shall be unlawful for any person to drive other than as a chauffeur any motor vehicle except farm equipment upon the streets, highways or alleys
within this city, unless such person has in his possession a valid license as an operator under the provisions of Chapter 302 of the Revised Statutes of
Missouri, except that any person holding a valid chauffeur's license shall not be required to have an operator's license.
(b)
Any person holding a valid operator's license shall not be required to have a chauffeur's license for the operation or official use of any motor vehicle
owned by the United States, the state or by any municipal or political subdivision of this state.
State Law reference— Similar provisions, RSMo. §§ 302.020(2), 302.051.
Sec. 14-136.1. - Intermediate driver's license.
(a) No person between the ages of sixteen (16) and eighteen (18) years who is qualified to obtain a license pursuant to Chapter 302 of the Missouri
Revised Statutes (2000), shall operate any motor vehicle as defined in the Traffic Code of the city in or upon the streets of the city unless such person
has in his/her possession a valid current intermediate driver's license of the appropriate class in accordance with the laws of this state.
(b)
No person having an intermediate driver's license shall operate a motor vehicle in or upon the streets of the city between the hours of 1:00 a.m. and
5:00 a.m. unless accompanied by a licensed operator for the type of motor vehicle being operated who is actually occupying a seat beside the driver
for the purpose of giving driving instruction and who is at least twenty-one (21) years of age; except such a licensee may operate a motor vehicle
without being so accompanied if the travel is to or from a school or educational program or activity, a regular place of employment, or in emergency
situations as defined by the Missouri Director of Revenue by regulation.
(c)
No person having an intermediate driver's license shall operate a motor vehicle in or upon the streets of the city unless such driver and all
passengers in the licensee's vehicle are wearing safety belts at all times. This safety belt restriction shall not apply to a person operating a
motorcycle.
(Ord. No. 2229, 12-30-02)
Sec. 14-137. - Chauffeur's license required.
It shall be unlawful for any person to drive as a chauffeur any vehicle upon the streets, highways or alleys within the city unless such person has in
his/her possession a valid license as a chauffeur under the provisions of Chapter 302 of the Revised Statutes of Missouri.
Sec. 14-138. - Prohibited use of license; altered license.
It shall be unlawful for any person to display or to permit to be displayed or to have in his possession any chauffeur's license or motor vehicle
operator's license knowing the same to be fictitious or to have been cancelled, suspended, revoked, or altered; to lend to or knowingly permit the use by
another of any chauffeur's license or motor vehicle operator's license issued to the person so lending or permitting the use thereof; to display or to
represent as one's own any chauffeur's license or motor vehicle operator's license not issued to the person so displaying the same.
Sec. 14-139. - State license plates required on vehicles.
(a) No person shall operate or park any motor vehicle upon any street or highway of this city, unless such motor vehicle or trailer has properly displayed
a valid license plate or plates or temporary permit issued to the lawful owner of the vehicle by the state department of revenue except that any
person who is a nonresident of the state may operate or park any motor vehicle or trailer in a lawful manner upon any street or highway of this city,
provided the motor vehicle or trailer has been duly registered for the current year in the state, country or other place of which the owner is a
resident, provided that at all times such motor vehicle or trailer is being operated or parked upon the streets or highways of this city, the valid license
plate or plates or temporary permit is properly displayed on such vehicle or trailer.
(b)
The required license plates or temporary permit shall be fastened to a vehicle in such a manner as to be entirely unobscured, unobstructed, all parts
thereof plainly visible and kept reasonably clean, fastened so that the letters or numerals are right side up and the plates do not swing. On all motor
vehicles, one (1) plate shall be displayed on the front and the other on the rear of such vehicle, not less than eight (8) or more than forty-eight (48)
inches above the ground, except that on trailers, motorcycles, motortricycles and motor scooters one (1) plate shall be so displayed on the rear
thereof. If only one (1) plate is issued, such plate shall be displayed on the rear of the vehicle. At nighttime, the rear plate shall be illuminated with a
white light so as to be clearly visible from a distance of fifty (50) feet to the rear.
State Law reference— Licensing of motor vehicles, RSMo. § 301.010.
Sec. 14-140. - Exemptions from licensing of operator and vehicle.
The following persons are exempt from the licensing and registration provisions listed herein:
(1)
Any person while driving or operating any road machine, farm tractor or implement of husbandry, temporarily operated or moved on a highway;
(2)
A nonresident who is at least sixteen (16) years of age and who has in his/her immediate possession a valid operator's license issued to him/her
in his/her home state or country may operate a motor vehicle in this city only as an operator;
(3)
A nonresident who is at least eighteen (18) years of age and who has in his/her immediate possession a valid chauffeur's license issued to
him/her in his/her home state or country may operate a motor vehicle in this city either as an operator or chauffeur;
(4)
Any nonresident who is at least eighteen (18) years of age whose home state or country does not require the licensing of operators may operate
a motor vehicle as an operator only for a period of not more than sixty (60) days in any calendar year, if the motor vehicle so operated is duly
registered in the home state or country of such nonresident.
Sec. 14-141. - Driving while license suspended, revoked, cancelled or denied.
It shall be unlawful for any person to drive a motor vehicle on the public ways of this city at a time when such person's driving license or driving
privilege is suspended, revoked, cancelled or denied by the director of revenue or by the appropriate licensing agency of the jurisdiction within which
such person resides or before an official reinstatement or termination of suspension notice has been issued by the appropriate licensing authority.
Sec. 14-142. - Operator's financial responsibility.
(a) Proof of financial responsibility shall be carried in all motor vehicles registered in the State of Missouri and operated in the City of Des Peres. The
operator of such a motor vehicle shall exhibit said proof on the demand of any peace officer who lawfully stops the operator while that officer is
engaged in the performance of the duties of his office.
(b)
(c)
As used in this section proof of financial responsibility means proof of the ability to respond in damages for liability, on account of accidents
occurring subsequent to the effective date of said proof, arising out of the ownership, maintenance or use of a motor vehicle. Said proof shall exhibit
the extent of financial responsibility in dollar amounts not less than those required by Chapter 303, RSMo.
The following items shall constitute proof of financial responsibility:
(1)
An insurance identification card furnished by an insurer issuing a liability policy insuring the motor vehicle subject to the peace officer's lawful
stop. The insurance identification card shall include all of the following information:
a.
The name and address of the insurer;
b.
The name and address of the named insured;
c.
The policy number;
d.
The effective dates of the policy, including month, day and year;
e.
A description of the insured motor vehicle, including year and make or at least five (5) digits of the vehicle identification number or the word
"fleet" if the insurance policy covers five (5) or more vehicles;
f.
The statement "This card must be carried in the insured motor vehicle for production upon demand" prominently displayed on the card.
A motor vehicle liability insurance policy, a motor vehicle liability insurance binder, or a receipt which contains the policy information required in
this subsection shall be satisfactory evidence of insurance in lieu of an insurance identification card.
(2)
An insurance identification card furnished by the Missouri Director of Revenue to any self-insurer for each motor vehicle so insured, as provided
for in Sections 303.024.4 and 303.220, RSMo. Such an insurance identification card shall include all of the following information:
a.
The name and address of the self-insurer;
b.
The word "self-insured";
c.
The statement "This card must be carried in the self-insured motor vehicle for production upon demand" prominently displayed on the card.
(3)
A certificate furnished by the Missouri Treasurer, as provided for in Section 303.240, RSMo., establishing that the owner and/or operator of the
motor vehicle subject to the peace officer's lawful stop has deposited with the Missouri Treasurer cash or marketable securities in an amount
sufficient under said statute to satisfy an execution on a judgement issued against such person making the deposit for damages resulting from
the ownership, maintenance, use or operation of said motor vehicle after such deposit was made.
(4)
Evidence of a surety bond filed with the Missouri Director of Revenue as provided by Section 303.230, RSMo.
(5)
Any operator subject to a lawful stop who fails to exhibit proof of financial responsibility upon the demand of the attendant peace officer shall
upon conviction be punished as provided in section 1-10 of this Code of Ordinances.
(Ord. No. 1563, § 1, 8-24-92)
Secs. 14-143—14-155. - Reserved.
ARTICLE IV. - OPERATION
Sec. 14-156. - Careless and imprudent driving.
Every person operating a motor vehicle within this city shall drive the vehicle in a careful and prudent manner and at a rate of speed so as not to
endanger the property of another or the life or limb of any person and shall exercise the highest degree of care.
Sec. 14-157. - Permitting a violation.
It shall be unlawful for any person knowingly to authorize or permit a motor vehicle owned by him or under his control to be driven by any person in
violation of any of the provisions of this chapter or any of the motor vehicle laws of this state.
Sec. 14-158. - Intoxication related offenses.
(a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except
where the context clearly indicates a different meaning:
Drive, driving, operates or operating means physically driving or operating or being in actual physical control of a motor vehicle.
Intoxicated condition when [an individual] he is under the influence of alcohol, a controlled substance, or drug, or any combination thereof.
Commercial motor vehicle means a motor vehicle designed or used to transport passengers or property:
(b)
(c)
(d)
(1)
If the vehicle has a gross combination weight rating of twenty-six thousand one (26,001) or more pounds inclusive of a towed unit which has a
gross vehicle weight rating of ten thousand one (10,001) pounds or more; or
(2)
If the vehicle has a gross vehicle weight rating of twenty-six thousand one (26,001) or more pounds or such lesser rating as determined by
federal regulation; or
(3)
If the vehicle is designed to transport more than fifteen (15) passengers, including the driver; or
(4)
If the vehicle is transporting hazardous materials and is required to be placarded under the Hazardous Materials Transportation Act (46 USC
1801 et seq.).
Driving while intoxicated. A person commits the offense of driving while intoxicated if he operates a motor vehicle while in an intoxicated or drugged
condition.
Driving with excessive blood alcohol content.
(1)
A person commits the offense of driving with excessive blood alcohol content if such person operates a motor vehicle with eight-hundredths
(.08) of one (1) percent or more by weight of alcohol in such person's blood.
(2)
As used in this section, percent by weight of alcohol in the blood shall be based upon grams of alcohol per one hundred (100) milliliters of blood
or two hundred ten (210) liters of breath and may be shown by chemical analysis of the person's blood, breath, saliva or urine.
(3)
For the purposes of determining the alcoholic content of a person's blood under this section, the test shall be conducted in accordance with the
provisions of state law.
Driving a commercial motor vehicle with an excessive alcohol concentration.
(1)
(2)
A person commits the offense of driving a commercial motor vehicle with an excessive alcohol concentration or under the influence of a
regulated substance if he drives:
a.
While having an alcohol concentration of four one-hundredths (.04) of a percent or more; or
b.
While under the influence of any substance so classified under section 102(6) of the Controlled Substances Act (21 USC 802(6) ), including any
substance listed in schedules I through V of 21 CFR part 1308, as they may be revised from time to time.
The provisions of this subsection shall not apply to: any person driving a farm vehicle as defined in Section 302.700 RSMo.; any active duty
military personnel, members of the reserves and national guard on active duty, including personnel on full-time national guard duty, personnel
on part-time training and national guard military technicians, while driving military vehicles for military purposes; any person who drives
emergency or fire equipment necessary to the preservation of life or property or the execution of emergency governmental functions under
emergency conditions; any person driving or pulling a recreational vehicle, as defined in Sections 301.010 and 700.010 RSMo. for personal use;
and any other class of persons exempted by rule or regulation of the Director of Revenue of the State of Missouri, which rule or regulation is in
compliance with the Commercial Motor Vehicle Safety Act of 1986 and any amendments or regulations to said act.
(e)
Consumption of alcoholic beverages in moving motor vehicle. No person shall consume any alcoholic beverage while operating a motor vehicle upon
any public street or roadway.
(f)
Reserved.
(g)
(h)
Reimbursement of certain costs.
(1)
Upon a plea of guilty, a finding of guilty, or a suspended imposition of sentence (SIS), for any offense violating the provisions of this section, the
court shall in addition to imposition of any penalties provided by law, order the defendant to reimburse the city for the reasonable costs relating
to the investigation, arrest, processing and incarceration of said defendant, including the cost of any necessary chemical test.
(2)
The city shall establish, maintain, and provide a schedule of costs to the municipal court for its consideration in recouping those costs related to
this section. The court has the authority to order any costs reduced if determined to be excessive. This section shall be in full force and effect
after passage and approval as required by law.
Punishment.
(1)
Any person found to have violated any of the provisions of subsections (b), (c) or (d) of this section shall be deemed guilty of a city ordinance
violation and punished as provided in section 1-10 of this Code of Ordinances.
(2)
Any person found to have violated subsection (e) of this section shall be deemed guilty of a city ordinance violation and punished by a fine not to
exceed two hundred dollars ($200.00).
(Ord. No. 1558, § 1, 7-27-92; Ord. No. 2079, §§ 1—3, 9-24-01)
Sec. 14-159. - Failure to keep a proper lookout.
No person driving a motor vehicle shall fail to give full attention to the task of driving and to keep a proper lookout through the windshield, side
windows and rear view mirror for any vehicles, motorcycles, motor scooters, farm tractors, bicycles, and pedestrians that the driver may be approaching,
or who may be approaching such driver, from any direction and from any street, alley or driveway.
Sec. 14-160. - Following too closely.
The driver of a vehicle shall not follow another vehicle more closely than is reasonably safe and prudent, having due regard for the speed of such
vehicle and the traffic upon and the condition of the roadway. Vehicles being driven upon any roadway outside a business or residence district in a
caravan or motorcade, whether or not towing other vehicles, shall be so operated, except in a funeral procession or in a duly authorized parade so as to
allow sufficient space between each such vehicle or combination of vehicles as to enable any other vehicle to overtake or pass such vehicles in safety.
This section shall in no way affect state statutes relating to distance between trucks or buses traveling on the highway.
Sec. 14-161. - Excessive acceleration.
No person shall accelerate or change directions so rapidly as to allow either a vehicle to slide to the side or tires to lose traction with the street under
normal road conditions, except in order to avoid a collision.
Sec. 14-162. - Sudden stop or decrease in speed.
No person shall suddenly stop or suddenly decrease the speed of a vehicle thereby endangering any other vehicle, person or property, without good
cause.
Sec. 14-163. - Limitation on backing.
The driver of a vehicle shall not back the same unless such movement can be made with reasonable safety and without interfering with other traffic.
Sec. 14-164. - Following fire apparatus prohibited.
The driver of any vehicle shall not follow any fire apparatus traveling in response to a fire alarm closer than five hundred (500) feet or drive into or
park such vehicle within the block where the fire apparatus has stopped in answer to a fire alarm.
Sec. 14-165. - Crossing fire hose.
No vehicle shall be driven over any unprotected hose of any fire or public safety department when laid down on any street or private driveway, to be
used at any fire alarm or fire, without the consent of the fire official in command.
Sec. 14-166. - Funeral processions.
(a) Definitions. As used in this section, the following terms shall mean:
Funeral director. A person licensed as a funeral director pursuant to the provisions of RSMo. Ch. 333.
Funeral lead vehicle or lead vehicle. Any motor vehicle equipped with at least one (1) lighted circulating lamp exhibiting an amber or purple light or lens
or alternating flashing headlamps visible under normal atmospheric conditions for a distance of five hundred (500) feet from the front of the vehicle. A
hearse or coach properly equipped may be a lead vehicle.
Organized funeral procession. Two (2) or more vehicles accompanying the remains of a deceased person from a funeral establishment, church,
synagogue or other place where a funeral service has taken place to a cemetery, crematory or other place of final disposition, or a funeral establishment,
church, synagogue or other place where additional funeral services will be performed, if directed by a licensed funeral director from a licensed
establishment.
(b)
Driving rules:
(1)
Except as otherwise provided for in this section, pedestrians and operators of all other vehicles shall yield the right-of-way to any vehicle which is
a part of an organized funeral procession.
(2)
Notwithstanding any traffic control device or right-of-way provision prescribed by state or local law, when the funeral lead vehicle in an
organized funeral procession lawfully enters an intersection, all vehicles in the procession shall follow the lead vehicle through the intersection.
The operator of each vehicle in the procession shall exercise the highest degree of care toward any other vehicle or pedestrian on the roadway.
(3)
An organized funeral procession shall have the right-of-way at all intersections regardless of any traffic control device at such intersections,
except that operators of vehicles in an organized funeral procession shall yield the right-of-way to any approaching emergency vehicle pursuant
to the provisions of law or when directed to do so by a law enforcement officer.
(4)
All vehicles in an organized funeral procession shall follow the preceding vehicle in the procession as closely as is practical and safe under the
conditions.
(5)
No person shall operate any vehicle as part of an organized funeral procession without the flashing emergency lights of such vehicle being
lighted.
(6)
Any person who is not an operator of a vehicle in an organized funeral procession shall not:
a.
Drive between the vehicles comprising an organized funeral procession while such vehicles are in motion and have the flashing emergency
lights lighted pursuant to subsection (b)(5), above, except when required to do so by a law enforcement officer or when such person is
operating an emergency vehicle giving an audible or visual signal;
b.
Join a funeral procession for the purpose of securing the right-of-way; or
c.
Attempt to pass any vehicle in an organized funeral procession, except where a passing lane has been specifically provided.
(7)
When an organized funeral procession is proceeding through a red signal light as permitted herein, a vehicle not in the organized funeral
procession shall not enter the intersection unless such vehicle may do so without crossing the path of the funeral procession.
(8)
No ordinance, regulation or any other provision of law shall prohibit the use of a motorcycle utilizing flashing amber lights to escort an organized
funeral procession on the highway.
(9)
Any person convicted of violating any provision of this section shall be punished by a fine not to exceed one hundred dollars ($100.00).
(Ord. No. 1987, § 1, 1-10-00)
Editor's note— Ord. No. 1987, § 1, adopted Jan. 10, 2000, completely repealed the provisions of § 14-167 which pertained to driving through a funeral or
other procession and derived from the original codification.
Editor's note— Ord. No. 1987, § 1, adopted Jan. 10, 2000, completely repealed the provisions of § 14-168 which pertained to driving in procession and
derived from the original codification.
Sec. 14-169. - Opening vehicle doors.
No person shall open the door of a motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, nor shall any
person leave a door open on the side of a motor vehicle available to moving traffic for a period of time longer than necessary to load or unload
passengers.
Sec. 14-170. - Obstruction to driving.
No person shall drive a vehicle when it is so loaded or when there are in the front seat such a number of persons as to obstruct the view of the driver
to the back, front or sides of the vehicle, or to interfere with the driver's control of the driving mechanism of the vehicle. No passenger in a vehicle shall
ride in such a position as to interfere with the driver's view to the back, front or sides of the vehicle, or to interfere with control over the driving
mechanism of the vehicle.
Sec. 14-171. - Riding in portion of vehicle not intended for passengers.
It shall be unlawful for any person to ride or to permit another person to ride in or upon any portion of a vehicle not designated or intended for the
use of passengers. This provision shall not apply to any person riding within truck bodies in spaces intended for merchandise.
Sec. 14-172. - Loads to be covered.
No person shall operate any vehicle within this city unless such vehicle is so constructed, loaded or covered as to prevent any contents of its load or
litter from being blown or deposited upon any street, highway, alley or other public place.
Sec. 14-173. - Excessive noise.
No person shall operate any automobile, motorcycle, or vehicle in this city so out of repair, or loaded in such manner as to create unreasonably loud
or unnecessary grating, grinding, rattling or other noise.
Sec. 14-174. - Prevention of smoke, fumes or flame.
No person shall operate a motor vehicle in this city in such a manner as to cause or permit the emission of visible air contaminants from any internal
combustion engine for more than ten (10) consecutive seconds at any one (1) time.
Sec. 14-175. - Parking lots.
(a) Every person driving a vehicle in a parking lot shall drive the same in a careful and prudent manner and shall exercise ordinary care in the operation
thereof. Vehicles shall not be driven at a rate of speed greater than ten (10) miles per hour or at such lesser speed as may be required so as not to
endanger the property of another or the life and limb of any person, taking into consideration the circumstances then and there prevailing. All
regulations of this chapter applicable to motor vehicles on streets and highways with respect to signaling, lights, backing, turning and equipment
shall apply to vehicles being operated in parking lots.
(b)
No person shall park or leave a vehicle in any location in a parking lot so as to prevent the full and complete utilization of any space set aside for
loading or unloading of vehicles. No person shall park or leave a vehicle in any location in a parking lot within a designated fire lane or within fifteen
(15) feet of a fire hydrant or in any manner so as to interfere with prompt access thereto by authorized personnel. No person shall park or leave any
vehicle in any location in a parking lot so as to interfere with access to other parking spaces than the one (1) utilized by that vehicle or so as to
interfere with the free movement of traffic within the lot.
(c)
Any person operating a motor vehicle departing from a parking lot shall bring the vehicle to a full and complete stop before entering any street. Signs
requiring vehicles to stop at such locations may be erected in accord with other provisions of this Code.
Sec. 14-176. - Use of seat belts mandatory.
(a) As used in this section the following terms shall mean:
Child booster seat, a seating system which meets the Federal Motor Vehicle Safety Standards set forth in 49 C.F.R. 571.213, as amended, that is
designed to elevate a child to properly sit in a federally approved safety belt system.
Child passenger restraint system, a seating system which meets the Federal Motor Vehicle Safety Standards as set forth in 49 C.F.R. 571.213, as
amended, and which is either permanently affixed to a motor vehicle or is affixed to such vehicle by a safety belt or a universal attachment system.
Passenger car, every motor vehicle designed for carrying ten (10) persons or less and used for the transportation of persons; except that the term
"passenger car" shall not include motorcycles, motorized bicycles, motor tricycles, and trucks with a licensed gross weight of twelve thousand (12,000)
pounds or more.
(b)
Each driver, except persons employed by the United States Postal Service while performing duties for that federal agency which require the operator
to service postal boxes from their vehicles, or which require frequent entry into and exit from their vehicles, and each front seat passenger of a
passenger car manufactured after January 1, 1968, operated on a street or highway in the city, and persons less than eighteen (18) years of age
operating or riding in a truck, as defined in RSMo § 301.010. on a street or highway in the city, shall wear a properly adjusted and fastened safety belt
that meets federal National Highway, Transportation and Safety Act requirements. No person shall be stopped, inspected, or detained solely to
determine compliance with this section. The provisions of this section shall not be applicable to persons who have a medical reason for failing to
have a seat belt fastened about their body, nor shall the provisions of this section be applicable to persons while operating or riding a motor vehicle
being used in agricultural work-related activities. Noncompliance with this subsection shall not constitute probable cause for violation of any other
provision of law. The provisions of this subsection shall not apply to the transporting of children under sixteen years of age as provided in subsection
(e) of this section.
(c)
Each person who violates subsection (b) of this section is guilty of an offense for which a fine not to exceed ten dollars ($10.00) may be imposed. All
other provisions of law and court rules to the contrary notwithstanding, no court costs shall be imposed on any person due to a violation of this
section.
(d)
If there are more persons than there are seat belts in the enclosed area of a motor vehicle, then the passengers who are unable to wear seat belts
shall sit in the area behind the front seat of the motor vehicle unless the motor vehicle is designed only for a front-seated area. Passengers
occupying a seat location referred to in this subsection for which there are no seat belts are not in violation of this section. This subsection shall not
apply to passengers who are accompanying a driver of a motor vehicle who is licensed under RSMo § 302.178.
(e)
Child passenger restraint required. Every driver transporting a child under the age of sixteen years shall be responsible, when transporting such child
in a motor vehicle operated by that driver on streets or highways in this city, for providing the protection of such child, as follows:
(1)
A child less than four (4) years of age, regardless of weight, shall be secured in a child passenger restraint system appropriate for that child;
(2)
A child weighing less than forty (40) pounds, regardless of age, shall be secured in a child passenger restraining system appropriate for that
child;
(3)
A child at least four (4) years of age but less than eight (8) years of age, who also weighs at least forty (40) pounds but less than eighty (80)
pounds, and who is also less than four (4) feet, nine (9) inches tall, shall be secured in a child passenger restraining system or booster seat
appropriate for that child;
(4)
A child at least eighty (80) pounds or child more than four (4) feet, nine (9) inches in height, shall be secured by a vehicle safety belt or booster
seat appropriate for that child.
(5)
A child who otherwise would be required to be secured in a booster seat may be transported in the back seat of a motor vehicle while wearing
only a lap belt if the back seat of the motor vehicle is not equipped with a combination lap and shoulder belt for booster seat installation.
(6)
When a driver is only transporting children in the driver's immediate family and there are more children than there are seating positions in the
enclosed area of a motor vehicle, each child who is not able to be restrained by a child safety restraint device appropriate for the child shall sit in
the area behind the front seat of the motor vehicle unless the motor vehicle is designed only for a front seat area. A driver transporting children
in compliance with this subsection is not in violation of this section. This subsection shall only apply to the use of a child passenger restraining
system or vehicle safety belt for children less than sixteen (16) years of age being transported in a motor vehicle.
(f)
Any driver who violates subdivision (1), (2) or (3) of subsection (e) of this section is guilty of an offense, and, upon conviction, may be punished by fine
of not more than twenty-five dollars ($25.00) and court costs. Any driver who violates subdivision (4) of subsection (e) of this section shall be subject
to the penalty set forth in subsection (c) of this section. If a driver receives a citation for violation subdivision (1), (2), or (3) of subsection (e) of this
section, the charges shall be dismissed or withdrawn if the driver prior to or at his or her hearing provides evidence of acquisition of a child
passenger restraint system or child booster seat which is satisfactory to the court or the party responsible for prosecuting the driver's citation.
(g)
The provisions of this section shall not apply to any public carrier for hire. The provisions of this section shall not apply to students four (4) years of
age or older who are passengers on a school bus designed for carrying eleven (11) passengers or more and which is manufactured or equipped
pursuant to Missouri Minimum Standards for School Buses as school buses are defined in RSMo § 301.010. The provisions of this section shall not be
applicable to persons who have a medical reason for failing to have a seat belt fastened about their body.
Sec. 14-177. - Shortcutting traffic prohibited.
No driver shall operate a motor vehicle on any private lot, road, driveway, parking lot or any area which is not a public right-of-way for the purpose of
avoiding travel upon the right-of-way at an intersection involving one (1) or more rights-of-way.
(Ord. No. 1721, § 1, 4-24-95)
Sec. 14-178. - Passengers in trucks.
(a) No person shall operate any truck, as defined in section 14-1 of this Code, with a licensed gross weight of less than twelve thousand (12,000) pounds
on any highway which is part of the state or federal highway system or when such truck is operated within the corporate limits of the city when any
person under eighteen (18) years of age is riding in the unenclosed bed of such truck. No person under eighteen (18) years of age shall ride in the
unenclosed bed of such truck when the truck is in operation.
(b)
The provisions of this section shall not apply to:
(1)
An employee engaged in the necessary discharge of the employee's duties where it is necessary to ride in the unenclosed bed of the truck;
(2)
Any person while engaged in agricultural activities where it is necessary to ride in the unenclosed bed of the truck;
(3)
Any person riding in the unenclosed bed of a truck while such truck is being operated in a parade, caravan or exhibition which is authorized by
law;
(4)
Any person riding in the unenclosed bed of a truck if such truck has installed a means of preventing such person from being discharged or such
person is secured to the truck in a manner which will prevent the person from being thrown, failing or jumping from the truck;
(5)
Any person riding in the unenclosed bed of a truck if such truck is being operated solely for the purpose of participating in a special event and it
is necessary that the person ride in such unenclosed bed due to a lack of available seating. "Special event," for the purposes of this section, is a
specific social activity of a definable duration which is participated in by the person riding in the unenclosed bed;
(6)
Any person riding in the unenclosed bed of a truck if such truck is being operated solely for the purposes of providing assistance to, or ensuring
the safety of, other persons engaged in a recreational activity; or
(7)
Any person riding in the unenclosed bed of a truck if such truck is the only legally titled, licensed and insured vehicle owned by the family of the
person riding in the unenclosed bed and there is insufficient room in the passenger cab of the truck to accommodate all passengers in the truck.
For the purposes of this section, the term "family" shall mean any persons related within the first degree of consanguinity.
(Ord. No. 1862, § 2, 9-22-97)
Sec. 14-179. - Aggressive driving.
It shall be unlawful for the operator of any motor vehicle intentionally to harass or alarm another person who is inside a motor vehicle by
intentionally or knowingly:
(1)
Abruptly increasing or decreasing the speed of his or her vehicle; or
(2)
Carelessly and abruptly changing lanes; or
(3)
Following the vehicle of the other person more closely than is reasonable and prudent under the totality of the circumstances; or
(4)
Impeding or obstructing the operation of the other person's motor vehicle; or
(5)
Operating his or her vehicle in a manner that endangers or would be likely to endanger any person or property.
(Ord. No. 1968, § 1, 8-9-99)
Secs. 14-180—14-190. - Reserved.
DIVISION 2. - USE OF ROADWAY; OVERTAKING AND PASSING
Sec. 14-191. - Right side of roadway to be used; exceptions.
(a) Upon all roadways of sufficient width a vehicle shall be driven upon the right half of the roadway, except as follows:
(1)
When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement;
(2)
When an obstruction exists making it necessary to drive to the left of the center of the highway; however, any person so doing shall yield the
right-of-way to all vehicles traveling in the proper direction upon the unobstructed portion of the highway within such distance as to constitute
an immediate hazard;
(3)
Upon a roadway divided into three (3) marked lanes for traffic under the rules applicable thereon; or
(4)
Upon a roadway restricted to one-way traffic.
(b)
Upon all roadways any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall
be driven in the right-hand lane then available for traffic, or as close as practicable to the right-hand curb or edge of the roadway, except when
overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or
driveway.
(c)
Upon any roadway having four (4) or more lanes for moving traffic and providing for two-way movement of traffic, no vehicle shall be driven to the
left of the centerline of the roadway, except when authorized by official traffic-control devices designating certain lanes to the left side of the center
of the roadway for use by traffic not otherwise permitted to use such lanes, or except as permitted under subparagraph (a)(2), of this section.
However, this section shall not be construed as prohibiting the crossing of the centerline in making a left turn into or from an alley, private road or
driveway.
State Law reference— Provisions similar to paragraph (a), RSMo. § 304.015(2).
Sec. 14-192. - Passing vehicles proceeding in opposite directions.
Drivers of vehicles proceeding in opposite directions shall pass each other to the right, and upon roadways having width for not more than one (1)
lane of traffic in each direction the driver shall give to the other at least one-half of the main-traveled portion of the roadways as nearly as possible.
State Law reference— Similar provisions, RSMo. § 304.015(5)(5).
Sec. 14-193. - Overtaking a vehicle on the left, generally.
The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions and
special rules hereinafter stated:
(1)
The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not
again drive to the right side of the roadway until safely clear of the overtaken vehicle.
(2)
Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the
overtaking vehicle and shall not increase the speed of the vehicle until completely passed by the overtaking vehicle.
Sec. 14-194. - Limitations on overtaking on the left.
No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction
unless authorized by the provisions of this division and unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead
to permit such overtaking and passing to be completely made without interfering with the operation of any vehicle approaching from the opposite
direction or any vehicle overtaken. In every event the overtaking vehicle must return to an authorized lane of travel as soon as practicable and in the
event the passing movement involves the use of a lane authorized for vehicles approaching from the opposite direction, before coming within two
hundred (200) feet of any approaching vehicle.
Sec. 14-195. - Further limitations on driving on left of center of roadway.
(a) No vehicle shall be driven on the left side of the roadway under the following conditions:
(b)
(1)
When approaching or upon the crest of a grade or a curve in the highway where the driver's view is obstructed within such distance as to create
a hazard in the event another vehicle might approach from the opposite direction;
(2)
When approaching within one hundred (100) feet of or traversing any intersection or railroad grade crossing;
(3)
When the view is obstructed upon approaching within one hundred (100) feet of any bridge, viaduct or tunnel.
The foregoing limitations shall not apply upon a one-way roadway, nor under the conditions described in section 14-191, nor to the driver of a
vehicle turning left into or from an alley, private road or driveway.
Sec. 14-196. - Driving on or across double yellow line.
Where double yellow lines are painted on a pavement, it shall be unlawful to drive any vehicle on or across such lines. This does not apply when the
right half of the roadway is closed to traffic while under construction or repair, or to the driver of a vehicle turning left into or from an alley, private or
public drive, or onto open land, provided that such turn shall be made as perpendicularly as possible.
Sec. 14-197. - When overtaking on right permitted.
(a) The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. In no event
shall such movement be made by driving off the pavement or main-traveled portion of the roadway.
(b)
The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following circumstances:
(1)
When the vehicle overtaken is making or about to make a left turn;
(2)
Upon a street or highway with unobstructed pavement not occupied by parked vehicles of sufficient width for two (2) or more lines of moving
vehicles in each direction;
(3)
Upon a one-way street, or upon any roadway on which traffic is restricted to one (1) direction of movement, where the roadway is free from
obstruction and of sufficient width for two (2) or more lines of moving vehicles.
Sec. 14-198. - Driving on sidewalks prohibited.
The driver of a vehicle shall not drive within any sidewalk area except at a permanent or temporary driveway.
Sec. 14-199. - No-passing zones.
(a) Whenever portions of a roadway are lawfully designated as no-passing zones and when signs or markings are in place and clearly visible to an
ordinarily observant person designating such zones, every driver of a vehicle shall obey the directions thereof.
(b)
Where signs or marked barrier lines are in place to define a no-passing zone it shall be unlawful for any driver at any time to drive on the left side of
the roadway within such no-passing zone or on the left side of any pavement striping designed to mark such no-passing zone throughout its length.
(c)
This section does not apply under the conditions described in section 14-191, nor to the driver of a vehicle turning left into or from an alley, private
road or driveway.
Sec. 14-200. - Driving on roadways laned for traffic.
Whenever any roadway has been divided into three (3) or more clearly marked lanes for traffic the following rules in addition to all others contained
herewith shall apply:
(1)
(2)
A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not move from such lane until the driver has first
ascertained that such movement can be made with safety.
Upon a roadway which is divided into three (3) lanes and provides for two-way movement of traffic, a vehicle shall not be driven in the center
lane except when overtaking and passing another vehicle traveling in the same direction when such center lane is clear of traffic within a safe
distance, or in preparation for making a left turn or where such center lane is at the time allocated exclusively to traffic moving in the same
direction that the vehicle is proceeding and such allocation is designated by official traffic-control devices.
(3)
Official traffic-control devices may be erected directing specified traffic to use a designated lane or designating those lanes to be used by traffic
moving in a particular direction, regardless of the center of the roadway, and drivers of vehicles shall obey the directions of every such device.
Sec. 14-201. - Driving on divided streets or highways.
Whenever any street or highway has been divided into two (2) or more roadways by leaving an intervening space or by a physical barrier or clearly
indicated dividing section so constructed as to impede vehicular traffic, every vehicle shall be driven only upon the right hand roadway unless directed or
permitted to use another roadway by official traffic-control devices or law enforcement officers. No vehicle shall be driven over, across or within any such
dividing space, barrier or section, except through an opening in such physical barrier or dividing section or space or at a crossover or intersection as
established, unless specifically prohibited by public authority.
Sec. 14-202. - Entering or leaving restricted access roadway.
No person shall drive a vehicle onto or from any controlled-access roadway except at such entrances and exits as are established by public authority.
Sec. 14-203. - Speed limits and no passing in school zones.
No vehicle shall exceed twenty (20) miles per hour or be driven to overtake and pass any other vehicle proceeding in the same direction while driving
on the public right-of-way adjacent to a school while children are going to or leaving school or in a school zone when the school zone signs are in place.
(Ord. No. 1891, § 1, 4-13-98)
Sec. 14-204. - Overtaking and passing or approaching a school bus.
(a) The driver of a vehicle upon a highway upon meeting or overtaking from either direction any school bus which has stopped on the highway for the
purpose of receiving or discharging any school children and whose driver has in the manner prescribed by law given the signal to stop, shall stop the
vehicle before reaching such school bus and shall not proceed until such school bus resumes motion, or until signaled by its driver to proceed.
(b)
Every bus used for the transportation of school children shall bear upon the front and rear thereon a plainly visible sign containing the words "school
bus" in letters not less than eight (8) inches in height. Each bus shall have lettered on the rear in plain and distinct type the following: "State Law: Stop
while bus is loading and unloading." Each school bus subject to the provisions of sections 304.050 to 304.070 of the Revised Statutes of Missouri shall
be equipped with a mechanical and electrical signaling device approved by the state board of education, which will display a signal plainly visible
from the front and rear and indicating intention to stop.
(c)
The driver of a school bus in the process of loading or unloading students upon a street or highway shall activate the mechanical and electrical
signaling devices, in the manner prescribed by the state board of education, to communicate to drivers of other vehicles that students are loading or
unloading. No driver of a school bus shall take on or discharge passengers at any location upon a highway consisting of four (4) or more lanes of
traffic, whether or not divided by a median or barrier, in such manner as to require the passengers to cross more than two (2) lanes of traffic; nor
shall he take on or discharge passengers while the vehicle is upon the road or highway proper unless the vehicle so stopped is plainly visible for at
least three hundred (300) feet in each direction to drivers of other vehicles upon the highway and then only for such time as is actually necessary to
take on and discharge passengers.
(d)
The driver of a vehicle upon a highway with separate roadways need not stop upon meeting or overtaking a school bus which is on a different
roadway, which is proceeding in the opposite direction on a highway containing four (4) or more lanes of traffic, or which is stopped in a loading
zone constituting a part of, or adjacent to, a limited- or controlled-access highway at a point where pedestrians are not permitted to cross the
roadway.
(e)
The driver of any school bus driving upon the highways of this state after loading or unloading school children, should remain stopped if the bus is
followed by three (3) or more vehicles, until such vehicles have been permitted to pass the school bus, if the conditions prevailing make it safe to do
so.
(f)
If any vehicle is witnessed by a peace officer or the driver of a school bus to have violated the provisions of this section and the identity of the
operator is not otherwise apparent, it shall be a rebuttable presumption that the person in whose name such vehicle is registered committed the
violation. Notwithstanding the provisions in section 301.130 of the Revised Statutes of Missouri every school bus shall be required to have two (2)
license plates. In the event that charges are filed against multiple owners of a motor vehicle, only one (1) of the owners may be convicted and court
costs may be assessed against only one (1) of the owners. If the vehicle which is involved in the violation is registered in the name of a rental or
leasing company and the vehicle is rented or leased to another person at the time of the violation, the rental or leasing company may rebut the
presumption by providing the peace officer or prosecuting authority with a copy of the rental or lease agreement in effect at the time of the violation.
No prosecuting authority may bring any legal proceedings against a rental or leasing company under this section unless prior written notice of the
violation has been given to that rental or leasing company by registered mail at the address appearing on the registration and the rental or leasing
company has failed to provide the rental or lease agreement copy within fifteen (15) days of receipt of such notice.
Secs. 14-205—14-220. - Reserved.
DIVISION 3. - RIGHT-OF-WAY
Sec. 14-221. - Approaching or entering uncontrolled intersections.
When two (2) vehicles approach an uncontrolled intersection at approximately the same time, the driver of the vehicle on the left shall yield to the
driver of the vehicle on the right.
Sec. 14-222. - Vehicle entering yield intersections.
The driver of a vehicle approaching a yield sign shall, in obedience to such sign, slow down to a speed reasonable for the existing conditions and, if
required for safety to stop, shall stop at a clearly marked stop line, but if none, then at the point nearest the intersecting roadway where the driver has a
view of approaching traffic on the intersecting roadway. After slowing or stopping, the driver shall yield the right-of-way to any vehicle in the intersection
or approaching on another highway so closely as to constitute an immediate hazard during the time such driver is moving across or within the
intersection; provided, however, that, if such a driver is involved in a collision with a vehicle in the intersection, after driving past a yield sign without
stopping, such collision shall be deemed prima facie evidence of a failure to yield the right-of-way.
Sec. 14-223. - Vehicle entering stop intersection.
(a) Except when directed to proceed by a law enforcement officer or traffic-control signal, it shall be unlawful for the driver of a vehicle approaching a
stop intersection indicated by a stop sign to fail to stop at a clearly marked stop line but, if none, before entering the crosswalk on the near side of
the intersection or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting
roadway before entering the intersection.
(b)
After having stopped, it shall be unlawful for the driver to fail to yield the right-of-way to any vehicle which has entered the intersection from another
highway or which is approaching so closely on such highway as to constitute an immediate hazard during the time when such driver is moving across
or within the intersection.
Sec. 14-224. - Vehicle turning left.
The driver of a vehicle intending to turn to the left within an intersection or into an alley, private road or driveway shall yield the right-of-way to any
vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard.
Sec. 14-225. - Drivers to yield when changing lanes.
It shall be unlawful for the driver of a motor vehicle operating in a lane of traffic, whether marked or unmarked, to turn or move such vehicle into
another lane of traffic moving in the same direction without first yielding the right-of-way to all other traffic lawfully operating on the roadway.
Sec. 14-226. - Drivers to yield when starting from curb.
It shall be unlawful for the driver of a motor vehicle which is stopped, standing or parked at the curb to start such vehicle in motion without first
yielding the right-of-way to all other traffic approaching so closely on the roadway as to constitute an immediate hazard.
Sec. 14-227. - Drivers to yield on emerging onto sidewalk or roadway; yield to pedestrians.
The driver of a vehicle within a business or residential district emerging from an alley, driveway, building or side street shall stop the vehicle
immediately prior to driving onto a sidewalk area extending across any alleyway or driveway and shall yield the right-of-way to any pedestrian as may be
necessary to avoid a collision, and upon entering the roadway shall yield the right-of-way to all vehicles approaching on the roadway.
Sec. 14-228. - Vehicle entering traffic-obstructed intersection.
No driver of a vehicle shall enter an intersection or a marked crosswalk unless there is sufficient space on the other side of the intersection or
crosswalk to accommodate the vehicle without obstructing the passage of other vehicles or pedestrians, notwithstanding any traffic-control signal to
proceed.
Sec. 14-229. - Operation of vehicles on approach of authorized emergency vehicles.
(a) Upon the immediate approach of an authorized emergency vehicle making use of audible and visual signals meeting the requirements of the laws of
this state, or of a police or public safety vehicle properly and lawfully making use of an audible signal only the driver of every other vehicle shall yield
the right-of-way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway clear of
any intersection and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a
law enforcement officer.
(b)
(c)
Upon approaching a stationary emergency vehicle displaying lighted red or red and blue lights, the driver of every motor vehicle shall.
(1)
Proceed with caution and yield the right-of-way, if possible with due regard to safety and traffic conditions, by making a lane change into a lane
not adjacent to that of the stationary vehicle, if on a roadway having at least four (4) lanes with not less than two (2) lanes proceeding in the
same direction as the approaching vehicle; or
(2)
Proceed with due caution and reduce the speed of the vehicle, maintaining a safe speed for road conditions, if changing lanes would be unsafe
or impossible.
This section shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all
persons using the highway.
(Ord. No. 2409, § 2, 6-11-07)
Secs. 14-230—14-245. - Reserved.
DIVISION 4. - TURNING MOVEMENTS
Sec. 14-246. - Yield before turning.
The driver of a vehicle intending to turn at an intersection or into an alley or a driveway or onto open land shall yield to all others with the right-ofway and shall wait until such movement can be made in safety.
Sec. 14-247. - Right turn from right lane into right lane.
The driver of a vehicle intending to turn right at any intersection or into an alley or a driveway or onto open land shall, before turning, approach the
turn as close as practicable to the right edge of the extreme right lane or the portion of the roadway lawfully available to traffic moving in the direction of
travel of such vehicle. In turning at an intersection, the right turn shall be made so as to leave the intersection in the lane closest to the right curb.
Sec. 14-248. - Left turn from left lane or left-turn bay into left lane.
The driver of any vehicle intending to turn left at any intersection or into an alley or driveway or onto open land shall, before turning, approach the
turn as close as practicable to the left edge of the extreme left lane or portion of the roadway lawfully available to traffic moving in the direction of travel
of such vehicle. In turning left at an intersection, the driver shall turn from a left-turn bay, if provided, or from such left lane, if no left-turn bay is provided,
and shall turn so as to leave the intersection in the lane as close as practicable to the extreme left lane or portion of the roadway lawfully available to
traffic moving in the direction of travel of such vehicle.
Sec. 14-249. - No driving in left-turn bay or center-left-turn-only lane except to turn left.
(a) Where left-turn bays have been provided, no motorist shall drive within the turn bay except to make a lawful left turn.
(b)
Where center left-turn-only lanes have been provided, no driver shall enter the center left-turn-only lane, as listed in a schedule lawfully promulgated
and revised from time to time, without immediately thereafter turning left. It shall be unlawful to use these lanes as through driving lanes.
Sec. 14-250. - Signs directing right or left turn only, etc.
No person shall disobey any arrow, whether painted on the pavement or displayed on a sign, or any sign at an intersection directing any vehicle in
that lane of traffic to either turn at the intersection in a particular direction or continue in the same course of direction as such person was traveling when
approaching the intersection.
Sec. 14-251. - Signs prohibiting turns, U-turns.
Whenever authorized signs are erected indicating that no right turn or left turn or U-turn is permitted, no driver of any vehicle shall disobey the
direction of such sign.
Sec. 14-252. - Limitations on turning around.
The driver of any vehicle shall not turn such vehicle so as to proceed in the opposite direction upon any street in a business district and shall not
upon any other street so turn a vehicle unless such movement can be made in safety and without interfering with other traffic.
Sec. 14-253. - Turn movement, lane change; signal required.
No person shall turn a vehicle at an intersection, into an alley, a driveway, or a private road, or onto open land, or otherwise turn a vehicle from a
direct course, or move right or left upon a roadway, or change from one (1) lane to another unless or until such movement can be made in reasonable
safety. No person shall change lanes or so turn a vehicle without giving an appropriate signal at least one hundred (100) feet in advance.
Sec. 14-254. - Signals required before turn.
No person shall turn a vehicle at any intersection or into an alley or a driveway or onto open land without first giving an appropriate signal for the last
one hundred (100) feet traveled by the vehicle before turning.
Secs. 14-255—14-270. - Reserved.
DIVISION 5. - SPEED LIMITS
Sec. 14-271. - Applicability of speed laws; exceptions.
The state and municipal traffic laws regulating the speed of vehicles shall be applicable upon all highways and streets within the city, except as
otherwise provided in this chapter and it shall be unlawful for any person to drive a vehicle at a speed in excess of any speed so declared when signs are
in place giving notice thereof.
Sec. 14-272. - Controlled speed.
In every event, speed shall be controlled as may be necessary to avoid colliding with any person, vehicle or other conveyance, or on entering the
public way in compliance with legal requirements, and it shall be the duty of all persons to use due care and drive at a safe and appropriate speed.
Sec. 14-273. - Minimum speed enforcement.
No person shall drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic except when
reduced speed is necessary for safe operation or in compliance with law.
Sec. 14-274. - School zone speed limit.
No person shall drive a vehicle in excess of the posted speed limit in a posted school zone.
Sec. 14-275. - Speeding.
No person shall drive a vehicle on a public way at a speed faster than twenty (20) miles per hour, unless a different speed limit has been lawfully
established and signs designating such other speed have been posted along such roadway. If another speed limit has been lawfully designated for such
roadway and signs indicating the lawful speed limit shall have been posted, no person shall drive a vehicle at a speed faster than the posted speed.
Sec. 14-276. - Racing on streets; drag racing.
No person shall engage in any motor vehicle speed contest or exhibition of speed on any street or highway of this city and no person shall aid or abet
any motor vehicle speed contest or speed exhibition on any street or highway of this city, except that a passenger shall not be considered as aiding or
abetting.
Sec. 14-277. - Interference with speed measuring devices.
It shall be unlawful for any person to interfere in any manner with the operation of radar or any other device or method used to test, check, gauge, or
determine the speed of a motor vehicle within this city or to post any sign or notice that any speed checks or tests are being conducted.
Sec. 14-278. - Speeding ticket, etc., to state alleged speed and speed limit.
In every charge of a speeding violation, the ticket, the complaint, the summons or the notice to appear shall state the speed at which the defendant is
alleged to have driven and also the speed limit applicable at the location of the alleged violation.
Secs. 14-279—14-290. - Reserved.
ARTICLE V. - STOPPING, STANDING AND PARKING
Sec. 14-291. - Registered owner responsible.
In any prosecution charging a violation of any of the provisions of this chapter governing or regulating the stopping, standing or parking of a vehicle,
proof that the particular vehicle described in the citation or complaint was parked in violation of the chapter, together with proof that the defendant
named therein was at the time of such violation the registered owner of such vehicle, shall constitute prima facie evidence that the defendant was the
registered owner and that the defendant was the person who parked the vehicle at the point where, and for the time during which, the violation
occurred. It shall be proof that the defendant was the registered owner if he was so designated by the motor vehicle registration list.
Sec. 14-292. - General manner of parking.
Except as otherwise provided in this article, every vehicle stopped or parked upon a roadway where there are adjacent curbs shall be so stopped or
parked with the right-hand wheels of the vehicle parallel to and within eighteen (18) inches of the right-hand curb.
Sec. 14-293. - Parking not to obstruct traffic.
No person shall park a vehicle upon a street or within an alley in such a manner or under such conditions as to leave available less than ten (10) feet
of width of the roadway for the free movement of vehicular traffic.
Sec. 14-294. - Manner of parking in parking lots.
In any parking lot, the vehicles shall be parked without encroaching upon drives, other parking spaces and reserved spaces. Vehicles shall not be
parked, stopped or operated in such a manner as to block or unnecessarily hold up or delay the normal movement of other vehicles.
Sec. 14-295. - General prohibition on stopping, standing or parking.
(a) Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a public safety officer or official trafficcontrol device, no person shall stop, stand or park a vehicle:
(b)
(1)
On the roadway side of any vehicle stopped or parked at the edge or curb of a street;
(2)
On a sidewalk;
(3)
Within an intersection;
(4)
On a crosswalk;
(5)
Between a safety zone and the adjacent curb or within thirty (30) feet of points on the curb immediately opposite the ends of a safety zone,
unless the traffic authority indicates a different length by signs or markings;
(6)
Alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic;
(7)
Upon any bridge or other elevated structure upon a highway or within a highway tunnel;
(8)
On any railroad tracks;
(9)
At any place where official signs prohibit stopping.
Except as noted in this section, no person shall stand or park a vehicle whether occupied or not, except momentarily to pick up or discharge a
passenger or passengers:
(1)
In front of a public or private driveway;
(2)
Within fifteen (15) feet of a fire hydrant;
(3)
Within an intersection or within twenty (20) feet of any intersection;
(4)
Within thirty (30) feet upon an approach to a flashing signal, stop sign or traffic-control signal located at the side of a roadway;
(5)
Within twenty (20) feet of the driveway entrance to any fire station and on the side opposite the entrance to any fire station within seventy-five
(75) feet of the entrance;
(6)
At any place where official signs prohibit stopping, standing or parking;
(7)
(c)
Within ten (10) feet of a public mailbox.
Except as noted in this section, no person shall park a vehicle, whether occupied or not, except temporarily for the purpose of, and while actually
engaging in loading merchandise or passengers, any place where official signs prohibit parking.
(Ord. No. 1607, § 1, 6-14-93)
Sec. 14-296. - Stopping, standing or parking prohibited by sign.
(a) When signs are erected giving notice thereof, no person shall park a vehicle at any time upon any of the streets or areas described by ordinance.
(b)
The provision of this chapter prohibiting the standing or parking of a vehicle shall apply at all times or at those times herein specified or as indicated
on official signs, except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a public safety
officer or official traffic-control device.
Sec. 14-297. - Stopping, standing or parking within certain hours prohibited by sign.
When signs are erected in each block giving notice thereof, no person shall park a vehicle between the hours specified by ordinance of any day
except Sundays and public holidays within the district or upon any of the streets described by ordinance.
Sec. 14-298. - No stopping, standing or parking near hazardous or congested places.
When official signs are erected at hazardous or congested places as authorized within this chapter, no person shall stop, stand or park a vehicle in
any such designated place.
Sec. 14-299. - Parking adjacent to schools.
When official signs are erected indicating no parking upon either side of the street adjacent to any school property, no person shall park a vehicle in
any such designated place.
Sec. 14-300. - Parking prohibited on narrow streets.
When official signs prohibiting parking are erected upon narrow streets as authorized herein, no person shall park a vehicle upon any such street in
violation of any such sign.
Sec. 14-301. - Parking in alleys.
No vehicle shall be parked in any alley or left so parked temporarily, except for such period of time as is reasonably necessary for the purpose of
loading or unloading such vehicle. In the event commercial vehicles are required to be parked in alleys for the purpose of making utility installations,
maintenance or repairs, such vehicles shall be so parked as not to block the passage of other vehicles.
Sec. 14-302. - Parking prohibited in fire lanes.
No person shall either stop, stand or park a vehicle in a marked fire lane or otherwise obstruct such lane, whether such lane is public property or on
private property which is devoted to public use. Such fire lanes shall be marked as required by the department of public safety.
Sec. 14-303. - No parking in front yard of residence.
No person, whether the owner or lessee of the vehicle, or the owner, occupant or lessee of the residence, shall park or permit to be parked any
automobile, truck, camper, trailer or other vehicle in the front yard of any residence.
Sec. 14-304. - Standing or parking on one-way roadways or streets.
(a) In the event a highway includes two (2) or more separate roadways and traffic is restricted to one (1) direction upon any such roadway, no person
shall stand or park a vehicle to the left-hand side of such one-way roadway unless signs are erected to permit such standing or parking.
(b)
Whenever signs are erected upon the left-hand side of any one-way street to prohibit the standing or parking of vehicles, no person shall stand or
park a vehicle upon such left-hand side in violation of any such sign.
Sec. 14-305. - Controlled-access roadways; stopping, standing or parking.
(a) No person shall stop, park or leave standing any vehicle upon the controlled-access roadways or the entrance or exit thereon, except:
(b)
(1)
When necessary to avoid injury or damage to person or property;
(2)
When required by law or in obedience to a law enforcement officer or traffic-control device;
(3)
When any person is actually engaged in maintenance or construction on the controlled-access roadway, or any employee of a public agency
actually engaged in the performance of official duties;
(4)
When any vehicle is so disabled that it is impossible to avoid stopping; or
(5)
When any vehicle, whether commercial or private, stops to render emergency assistance to a vehicle or person.
In any event, no vehicle which is lawfully stopped or parked shall be stopped or parked, if practicable, other than in a position parallel with the edge
of the controlled-access roadway, headed in the direction of lawful traffic movement and of the traffic lanes and onto the shoulder of the controlledaccess roadway with emergency flashers operating if so equipped.
Sec. 14-306. - Stopping, standing or parking of buses regulated.
(a)
The driver of a bus shall not stand or park such vehicle upon any street at a place other than a bus stand so designated as provided within this
chapter.
(b)
The operator of a bus shall not stop such vehicle upon any street at any place for the purpose of loading or unloading passengers or their baggage
other than at a bus stop, bus stand or passenger loading zone so designated as provided herein, except in the case of an emergency.
(c)
The operator of a bus shall enter a bus stop, bus stand or passenger loading zone on a public street in such a manner that the bus when stopped to
load or unload passengers or baggage shall be in a position with the right front wheels of such vehicle not further than eighteen (18) inches from the
curb and the bus approximately parallel to the curb so as not to unduly impede the movement of other vehicular traffic.
State Law reference— Similar provisions, RSMo. § 300.510(1)—(3).
Sec. 14-307. - Restricted use of bus and taxicab stands.
No person shall stop, stand or park a vehicle other than a bus in a bus stop when any such stop or stand has been officially designated and
appropriately signed, except that the driver of a passenger vehicle may temporarily stop therein for the purpose of and while actually engaged in loading
or unloading passengers when such stopping does not interfere with any bus or taxicab waiting to enter or about to enter such zone.
Sec. 14-308. - Parking spaces for the handicapped/physically disabled.
(a) The city may designate parking spaces for the exclusive use of vehicles which display a physically disabled distinguishing license plate or card issued
pursuant to state law including parking spaces on public streets or publicly owned parking lots or facilities.
(1)
Any resident possessing a current state license plate or placard may apply to the city for a permit for a physically disabled parking space on the
public street on which their home fronts at a location approved by the director of public works provided that:
a.
Such person owns or leases a motor vehicle and does not have access to a driveway or off-street parking space to accommodate a vehicle
for use to load a disabled person or if the off-street parking area has a slope, terrain or other obstruction that makes it impractical to be
used for off-street handicapped parking.
b.
A disabled person or family member living full-time on the premises and owning or leasing a vehicle displaying a current state plate or
placard may apply for a physically disabled handicapped parking space if such person is the primary means of transportation for the
disabled person residing therein.
c.
The application for such a permit shall be on a form provided by the city clerk and shall be accompanied by a fee of one hundred dollars
($100.00) to cover the cost of installation of required signage.
d.
Such permit, when granted, is good for the remainder of the calendar year and must be renewed prior to January 1st of the following year or
the signs so designating the disabled parking space shall be removed by the city. If such signs are removed, an additional application fee
shall be required to cover the current cost for purchasing such signs and their reinstallation.
e.
Such permit is not for the exclusive use of the applicant but may be utilized by any vehicle which displays a current state plate or placard.
(b)
Owners of private property used for public parking shall designate parking spaces for the exclusive use of vehicles which display a physically disabled
distinguishing license plate or card issued pursuant to state law. Such spaces shall be as close as possible to the nearest accessible entrance.
(c)
Designated spaces shall meet the requirements of the Federal Americans with Disabilities Act, as amended, and any rules or regulations established
pursuant thereto, and shall be indicated by a sign upon which shall be inscribed the following information: the international symbol of accessibility,
any appropriate wording to indicate that the space is reserved for the exclusive use of vehicles which display a physically disabled distinguishing
license plate or card, and "fifty dollars ($50.00) to three hundred dollars ($300.00) fine." Except that the information relating to the monetary fine may
be contained in an additional sign posted below or adjacent to the sign containing the other required information; and that nonconforming signs or
spaces which are in use prior to the effective date of this section, as enacted by this section, shall not be in violation of this section during the useful
life of such sign or space. However, under no circumstances shall the useful life of the nonconforming sign or space be extended by means other
than those means used to maintain any sign or space on the owner's property which is not used for vehicles displaying a disabled license plate.
(d)
It shall be unlawful for any person to park a vehicle which is not displaying a physically disabled distinguishing license plate or card in any space
reserved for physically disabled persons.
(e)
It shall be unlawful for any person who, without authorization, uses a physically disabled distinguishing license plate or card to park in a parking
space reserved under authority of this section.
(f)
The police department may cause the removal of any vehicle not displaying a physically disabled distinguishing license plate or card or a "disabled
veteran" license plate if there is posted immediately adjacent to, and readily visible from, such space a sign on which is inscribed the international
symbol of accessibility and may include any appropriate wording to indicate that the space is reserved for the exclusive use of vehicles which display
a distinguishing license plate or card. Any vehicle which has been removed and which is not properly claimed within thirty (30) days thereafter shall
be considered to be an abandoned vehicle.
(g)
The police department may enter upon private property open to the public to enforce the provisions of this section.
(h)
Any person violating any of the provisions of this section shall, upon conviction thereof, be subject to a fine of not less than fifty dollars ($50.00) nor
more than three hundred dollars ($300.00).
(Ord. No. 1879, § 1, 1-12-98; Ord. No. 2614, § 1, 4-9-12)
Sec. 14-309. - Child in locked vehicle.
No person shall leave any child in any standing or parked, locked vehicle. The public safety department or any officer or agent thereof is hereby
authorized to use whatsoever force is reasonably necessary to remove the child from the vehicle whenever it reasonably appears that such child's health,
welfare or safety is or will be substantially endangered.
Sec. 14-310. - Parking without license plate, safety inspection certificate.
No person shall park upon any street or upon any public property any motor vehicle not bearing or displaying a current license plate specifically
issued for such motor vehicle and a current safety inspection sticker, except as may be authorized by law or regulation of any duly authorized
governmental agency issuing such license plates.
Sec. 14-311. - Parking vehicles for sale.
It shall be unlawful for any person to park or allow any vehicle to be parked on any highway, street, roadway, thoroughfare, public right-of-way,
public property or any private property located in a commercially-zoned district any motor vehicle, motorcycle, trailer, boat or other mechanized
equipment displayed for sale. The provisions of this section shall not apply to any motor vehicle dealer duly licensed as such to do business in the city.
(Ord. No. 1334, § 1, 8-8-88)
Sec. 14-312. - Unhitched trailer on public way.
It shall be unlawful for any person to leave any type of trailer unhitched upon any public way.
Sec. 14-313. - Authorized public safety and emergency vehicles excepted.
Any authorized emergency vehicle being used in an official capacity may stand or park irrespective of the provisions of this article; provided, a lighted
lamp displaying a red light visible under normal atmospheric conditions from a distance of five hundred (500) feet from the vehicle in all directions is
displayed during such standing or parking and, further, that such standing or parking shall not be for a period of time longer than necessary.
Sec. 14-314. - Tow vehicles excepted.
The owner or operator of a commercial tow vehicle may stop or park such vehicle upon a street for the purpose of rendering assistance to a disabled
vehicle; provided, a lighted lamp displaying a light visible under normal atmospheric conditions from a distance of five hundred (500) feet from the
vehicle in all directions is displayed during such standing or parking and, further, that such standing or parking shall not be for a period of time longer
than necessary.
Sec. 14-315. - Utility vehicles excepted.
Any service vehicle which is owned or operated by or for, or operated under contract with, a utility or public utility, whether privately or municipally
owned, used in the construction, removal or repair of utility or public utility property or facilities, and which is stopped, standing or parked at the site or
work involving the construction, removal or repair of such utility or public utility property or facilities thereupon, on, over, under or adjacent to, a highway
and which service vehicle so operated displays warning devices shall be permitted to work without violation, for unlimited periods of time, in parking
zones restricted as to length of time parking is normally permitted, zones where stopping, standing or parking is prohibited either by sign or without sign,
zones where parking is prohibited during certain hours of the day, during those hours; provided that such stopping, standing or parking shall not be for a
period longer than necessary.
Sec. 14-316. - Residential parking zones.
(a) It shall be unlawful for the operator of a vehicle to stop, stand or park such vehicle in any area designated as a residential parking zone as
established in schedule VIA. Provided, however, that a resident or visitor displaying a valid residential parking permit issued by the city shall be
permitted to park in such zones.
(b)
The director of public works shall issue residential parking permits to any resident directly abutting a designated residential parking zone. No
resident shall receive more than one (1) such permit for each twenty-four (24) feet of street frontage.
(Ord. No. 1124, § 1, 4-8-85)
Sec. 14-317. - Parking on unpaved surfaces.
(a) "Paved surface" shall be defined for purposes of this section as asphaltic concrete, concrete, brick or similar material, as approved by the director of
public works, and such term shall also include for purposes of this section a minimum of four (4) inches of crushed stone provided that all driveways,
parking lots and paved areas created or expanded after April 13, 1987 shall be asphalt, concrete, brick or similar materials.
(b)
No vehicle shall be parked or allowed to be parked on any property except on a paved surface.
(Code 1980, § 220.080; Ord. No. 1259, 4-13-87)
Sec. 14-318. - Penalties for violation.
Any person who violates any provision of this article is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less
than fifteen dollars ($15.00), nor more than five hundred dollars ($500.00) plus court cost except the following:
Parking in a fire lane—A fine of not less than fifty dollars ($50.00).
Parking in a handicapped space—A fine of not less than fifty dollars ($50.00).
(Ord. No. 1592, § 1, 3-8-93)
Cross reference— Parking in a fire lane, § 14-302; parking in a handicapped space, § 14-308.
Sec. 14-319. - Stopping, standing and parking of recreational vehicles, recreational equipment and trailers regulated.
It shall be unlawful for the owner or operator to park or allow to be parked on a public street or right-of-way any recreational vehicle or recreational
equipment (as that term is defined in section 6-159 of the Code) or any device licensed as a trailer except while the vehicle, equipment or trailer is being
loaded or unloaded or, in the case of a nonrecreational trailer, being actively used for the purpose of providing service to a building located adjacent to
the street at the place where the trailer is parked.
(Ord. No. 1637, § 1, 1-24-94; Ord. No. 1688, § 1, 11-14-94)
Secs. 14-320—14-330. - Reserved.
DIVISION 2. - ABANDONED PROPERTY[2]
As used in this division, the following terms shall mean:
Abandoned property. Any unattended motor vehicle, trailer, all-terrain vehicle, out-board motor or vessel removed or subject to removal from public
or private property as provided in this division, whether or not operational.
Person. Any natural person, corporation, or other legal entity.
Right-of-way. The entire width of land between the boundary lines of a public road or state highway, including any roadway.
Roadway. That portion of a public road or state highway ordinarily used for vehicular travel, exclusive of the berm or shoulder.
Towing company. Any person or entity which tows, removes or stores abandoned property.
(Ord. No. 1970, § 4, 8-23-99)
Sec. 14-332. - Abandoned vehicles prohibited.
No person shall abandon any motor vehicle on the right-of-way of any public road or state highway or on any private real property owned by another
without his consent.
(Ord. No. 1970, § 4, 8-23-99)
Sec. 14-333. - Open storage of inoperable vehicles or public safety hazards prohibited.
The open storage of inoperable vehicles or other vehicles deemed by the city to constitute a public safety hazard is prohibited. Nothing in this
subsection shall apply to a vehicle which is completely enclosed within a locked building or locked fenced area and not visible from adjacent public or
private property, nor to any vehicle upon the property of a business licensed as salvage, swap, junk dealer, towing or storage facility so long as the
business is operated in compliance with its business license and the property is in compliance with applicable zoning ordinances.
(Ord. No. 1970, § 4, 8-23-99)
Sec. 14-334. - Obstructing the flow of traffic prohibited.
Except in the case of an accident resulting in the injury or death of any person, the driver of a vehicle which for any reason obstructs the regular flow
of traffic on the roadway of any public road or state highway shall make every reasonable effort to move the vehicle or have it moved so as not to block
the regular flow of traffic. Any person who fails to comply with the requirements of this section is guilty of an ordinance violation and, upon conviction
thereof, shall be punished by a fine of not less than ten dollars ($10.00) nor more than fifty dollars ($50.00).
(Ord. No. 1970, § 4, 8-23-99)
Sec. 14-335. - Towing of abandoned property on public real property.
(a) Any law enforcement officer, or an official of the city where the city's real property is concerned, may authorize a towing company to remove to a
place of safety:
(1)
Any abandoned property on the right-of-way of any state highway, or interstate highway or freeway in an urbanized area of the city, left
unattended for ten (10) hours; provided that commercial motor vehicles not hauling waste designated as hazardous under 49 U.S.C. 5103(a) may
only be removed under this section to a place of safety until the owner or owner's representative has had a reasonable opportunity to contact a
towing company of choice;
(2)
Any unattended abandoned property illegally left standing upon any highway or bridge if the abandoned property is left in a position or under
such circumstances as to obstruct the normal movement of traffic where there is no reasonable indication that the person in control of the
property is arranging for its immediate control or removal;
(3)
Any abandoned property which has been abandoned under Section 14-332 of this Code or RSMo. § 577.080;
(4)
Any abandoned property which has been reported as stolen or taken without consent of the owner;
(5)
Any abandoned property for which the person operating such property is arrested for an alleged offense for which the officer is required to take
the person into custody and where such person is unable to arrange for the property's timely removal;
(6)
Any abandoned property which due to any other state law or city ordinance is subject to towing because of the owners' outstanding traffic or
parking violations;
(7)
Any abandoned property left unattended in violation of a state law or city ordinance where signs have been posted giving notice of the law or
where the violation causes a safety hazard.
(b)
When the city police department authorizes a tow pursuant to this section in which the abandoned property is moved from the immediate vicinity it
shall complete a crime inquiry and inspection report.
(c)
Any city agency other than the city police department authorizing a tow under this section where property is towed away from the immediate vicinity
shall report the tow to the city police department within two (2) hours of the tow, along with a crime inquiry and inspection report.
(Ord. No. 1970, § 4, 8-23-99)
Sec. 14-336. - Towing of abandoned property on private real property.
(a) Generally: The city, including the city police department, may tow motor vehicles from real property which are deemed a public safety hazard
pursuant to section 14-333, or are derelict, junk, scrapped, disassembled, or otherwise harmful to the public health. The city shall perform such tow
pursuant to the terms of section 14-337. When a city agency other than the police department authorizes a tow under this subsection, it shall report
the tow to the police department within two (2) hours with a crime inquiry and inspection report.
(b)
(c)
Towing authorized by city police department: If a person abandons property on any real property owned by another without the consent of the owner
or person in possession of the real property, at the request of the person in possession of the real property, any city police officer may authorize a
towing company to remove such abandoned property from the property in the following circumstances:
(1)
The abandoned property is left unattended for more than forty-eight (48) hours; or
(2)
In the judgment of a police officer, the abandoned property constitutes a safety hazard or unreasonably interferes with the use of the real
property by the person in possession.
Towing authorized by real property owner, lessee, or property or security manager:
(1)
(2)
The owner of real property or lessee in lawful possession of the real property or the property or security manager of the real property may
authorize a towing company to remove abandoned property or property parked in a restricted or assigned area without authorization by a law
enforcement officer only when the owner, lessee or property or security manager of the real property is present. A property or security manager
must be a full-time employee of a business entity. An authorization to tow pursuant to this subsection may be made only under any of the
following circumstances:
a.
Sign: There is displayed, in plain view at all entrances to the property, a sign not less than seventeen (17) by twenty-two (22) inches in size,
with lettering not less than one (1) inch in height, prohibiting public parking and indicating that unauthorized abandoned property or
property parked in a restricted or assigned area will be removed at the owner's expense, disclosing the maximum fee for all charges related
to towing and storage, and containing the telephone number of the local traffic law enforcement agency where information can be obtained
or a 24-hour staffed emergency information telephone number by which the owner of the abandoned property or property parked in a
restricted or assigned area may call to receive information regarding the location of such owner's property;
b.
Unattended on owner-occupied residential property: The abandoned property is left unattended on owner-occupied residential property with
four (4) residential units or less and the owner, lessee, or agent of the real property in lawful possession has notified the city police
department and ten (10) hours have elapsed since that notification; or
c.
Unattended on other private real property: The abandoned property is left unattended on private real property, and the owner, lessee or agent
of the real property in lawful possession of real property has notified the city police department, and ninety-six (96) hours have elapsed
since that notification.
Pursuant to this section, any owner or lessee in lawful possession of real property that requests a towing company to tow abandoned property
without authorization from a city police officer shall at that time complete an abandoned property report which shall be considered a legal
declaration subject to criminal penalty pursuant to RSMo. § 575.060. The report shall be in the form designed, printed and distributed by the
Missouri Director of Revenue and shall contain the following:
a.
The year, model, make and abandoned property identification number of the property, and the owner and any lienholders, if known;
b.
A description of any damage to the abandoned property noted by owner, lessee or property or security manager in possession of the real
property;
c.
The license plate or registration number and the state of issuance, if available;
d.
The physical location of the property and the reason for requesting the property to be towed;
e.
The date the report is completed;
f.
The printed name, address and telephone number of the owner, lessee or property or security manager in possession of the real property;
g.
The towing company's name and address;
h.
The signature of the towing operator;
i.
The signature of the owner, lessee or property or security manager attesting to the facts that the property has been abandoned for the time
required by this section and that all statements on the report are true and correct to the best of the person's knowledge and belief and that
the person is subject to the penalties for making false statements;
j.
Space for the name of the law enforcement agency notified of the abandoned property and for the signature of the law enforcement official
receiving the report; and
k.
Any additional information the Missouri Director of Revenue deems appropriate.
(3)
Any towing company which tows abandoned property without authorization from the city police department pursuant to subsection (b) of this
section shall deliver a copy of the abandoned property report to the city police department. The copy may be produced and sent by facsimile
machine or other device which produces a near exact likeness of the print and signatures required, but only if the city police department has the
technological capability of receiving such copy and has registered the towing company for such purpose. The report shall be delivered within two
(2) hours if the tow was made from a signed location pursuant to subsection (d)(1)a. of this section, otherwise the report shall be delivered within
twenty-four (24) hours.
(4)
The city police department, after receiving such abandoned property report, shall record the date on which the abandoned property report is
filed with the police department and shall promptly make an inquiry into the national crime information center (NCIC) and any statewide law
enforcement computer system to determine if the abandoned property has been reported as stolen. The police department shall enter the
information pertaining to the towed property into the statewide law enforcement computer system and a police officer shall sign the abandoned
property report and provide the towing company with a signed copy.
(5)
The city police department, after receiving notification that abandoned property has been towed by a towing company, shall search the records
of the Missouri Department of Revenue and provide the towing company with the latest owner and lienholder information on the abandoned
property. If the abandoned property is not claimed within ten (10) working days, the towing company shall send a copy of the abandoned
property report signed by a law enforcement officer to the department of revenue.
(6)
No owner, lessee, or property or security manager of real property shall knowingly authorize the removal of abandoned property in violation of
this section.
(7)
Any owner of any private real property causing the removal of abandoned property from that real property shall state the grounds for the
removal of the abandoned property if requested by the registered owner of that abandoned property. Any towing company that lawfully
removes abandoned property from private property with the written authorization of the property owner or the property owner's agent who is
present at the time of removal shall not be held responsible in any situation relating to the validity of the removal. Any towing company that
removes abandoned property at the direction of the landowner shall be responsible for:
a.
Any damage caused by the towing company to the property in the transit and subsequent storage of the property; and
b.
The removal of property other than the property specified by the owner of the private real property from which the abandoned property
was removed.
(d)
Damage to property. The owner of abandoned property removed from private real property may recover for any damage to the property resulting
from any act of any person causing the removal of, or removing, the abandoned property.
(e)
Real property owner liability. Any owner of any private real property causing the removal of abandoned property parked on that property is liable to
the owner of the abandoned property for double the storage or towing charges whenever there has been a failure to comply with the requirements
of this division.
(f)
Written authorization required; delegation of authority to tow.
(g)
(1)
Except for the removal of abandoned property authorized by the city police department pursuant to this section, a towing company shall not
remove or commence the removal of abandoned property from private real property without first obtaining written authorization from the real
property owner. All written authorizations shall be maintained for at least one (1) year by the towing company.
(2)
General authorization to remove or commence removal of abandoned property at the towing company's discretion shall not be delegated to a
towing company or its affiliates except in the case of abandoned property unlawfully parked within fifteen (15) feet of a fire hydrant or in a fire
lane designated by a fire department or the state fire marshal.
Towing company liability. Any towing company, or any affiliate of a towing company, which removes, or commences removal of, abandoned property
from private property without first obtaining written authorization from the property owner or lessee, or any employee or agent thereof, who is
present at the time of removal or commencement of the removal, except as permitted in subsection (f) of this section, is liable to the owner of the
property for four (4) times the amount of the towing and storage charges, in addition to any applicable ordinance violation penalty, for a violation of
this section.
(Ord. No. 1970, § 4, 8-23-99)
Sec. 14-337. - General provisions and procedures.
(a) Payment of charges. The owner of abandoned property removed as provided in this division shall be responsible for payment of all reasonable
charges for towing and storage of such abandoned property as provided in section 14-338.
(b)
Crime inquiry and inspection report. Upon the towing of any abandoned property pursuant to section 14-335 or under authority of a law enforcement
officer or local government agency pursuant to section 14-336, the city police department, where it authorized such towing or was properly notified
by another government agency of such towing, shall promptly make an inquiry with the national crime information center (NCIC) and any statewide
law enforcement computer system to determine if the abandoned property has been reported as stolen and shall enter the information pertaining to
the towed property into the statewide law enforcement computer system.
If the abandoned property is not claimed within ten (10) working days of the towing, the city police department shall submit a crime inquiry and
inspection report to the Missouri Director of Revenue. The city police department shall also provide one (1) copy of the report to the storage facility and
one (1) copy to the towing company. A towing company in possession of abandoned property after ten (10) working days shall report such fact to the city
police department. The crime inquiry and inspection report shall be designed by the Director of Revenue and shall include the following:
(1)
The year, model, make and property identification number of the property and the owner and any lienholders, if known;
(2)
A description of any damage to the property noted by the law enforcement officer authorizing the tow;
(3)
The license plate or registration number and the state of issuance, if available;
(4)
The storage location of the towed property;
(5)
The name, telephone number and address of the towing company;
(6)
The date, place and reason for the towing of the abandoned property;
(7)
The date of the inquiry of the national crime information center, any statewide law enforcement computer system, and any other similar system
which has titling and registration information to determine if the abandoned property had been stolen. This information shall be entered only by
the city police department;
(8)
The signature and printed name of the law enforcement officer authorizing the tow and the towing operator; and
(9)
Any additional information the Missouri Director of Revenue deems appropriate.
(c)
Reclaiming property. The owner of such abandoned property, or the holder of a valid security interest of record, may reclaim it from the towing
company upon proof of ownership or valid security interest of record and payment of all reasonable charges for the towing and storage of the
abandoned property.
(d)
Lienholder repossession. If a lienholder repossesses any motor vehicle, trailer, all-terrain vehicle, outboard motor or vessel without the knowledge or
cooperation of the owner, then the repossessor shall notify the city police department within two (2) hours of the repossession and shall further
provide the police department with any additional information the police department deems appropriate. The city police department shall make an
inquiry with the national crime information center and the Missouri statewide law enforcement computer system and shall enter the repossessed
vehicle into the statewide law enforcement computer system.
(e)
Notice to owner/tow lien claim. Any towing company which comes into possession of abandoned property pursuant to this division and who claims a
lien for recovering, towing or storing abandoned property shall give notice to the title owner and to all persons claiming a lien thereon, as disclosed
by the records of the Missouri Department of Revenue or of a corresponding agency in any other state. The towing company shall notify the owner
and any lienholder within ten (10) business days of the date of mailing indicated on the notice sent by the Missouri Department of Revenue pursuant
to RSMo. § 304.156, by certified mail, return receipt requested. The notice shall contain the following:
(f)
(1)
The name, address and telephone number of the storage facility;
(2)
The date, reason and place from which the abandoned property was removed;
(3)
A statement that the amount of the accrued towing, storage and administrative costs are the responsibility of the owner, and that storage
and/or administrative costs will continue to accrue as a legal liability of the owner until the abandoned property is redeemed;
(4)
A statement that the storage firm claims a possessory lien for all such charges;
(5)
A statement that the owner or holder of a valid security interest of record may retake possession of the abandoned property at any time during
business hours by proving ownership or rights to a secured interest and paying all towing and storage charges;
(6)
A statement that, should the owner consider that the towing or removal was improper or not legally justified, the owner has a right to request a
hearing as provided in this section to contest the propriety of such towing or removal;
(7)
A statement that if the abandoned property remains unclaimed for thirty (30) days from the date of mailing the notice, title to the abandoned
property will be transferred to the person or firm in possession of the abandoned property free of all prior liens; and
(8)
A statement that any charges in excess of the value of the abandoned property at the time of such transfer shall remain a liability of the owner.
Physical search of property. In the event that the Missouri Department of Revenue notifies the towing company that the records of the department of
revenue fail to disclose the name of the owner or any lienholder of record, the towing company shall attempt to locate documents or other evidence
of ownership on or within the abandoned property itself. The towing company must certify that a physical search of the abandoned property
disclosed no ownership documents were found and a good faith effort has been made. For purposes of this section, good faith effort means that the
following checks have been performed by the company to establish the prior state of registration and title:
(1)
Check of the abandoned property for any type of license plates, license plate record, temporary permit, inspection sticker, decal or other
evidence which may indicate a state of possible registration and title;
(2)
Check the law enforcement report for a license plate number or registration number if the abandoned property was towed at the request of a
law enforcement agency;
(3)
Check the tow ticket/report of the tow truck operator to see if a license plate was on the abandoned property at the beginning of the tow, if a
private tow; and
(4)
If there is no address of the owner on the impound report, check the law enforcement report to see if an out-of-state address is indicated on the
driver license information.
(g)
Petition in circuit court. The owner of the abandoned property removed pursuant to this division or any person claiming a lien, other than the towing
company, within ten (10) days after the receipt of notification from the towing company pursuant to subsection (e) of this section may file a petition
in the associate circuit court in the county where the abandoned property is stored to determine if the abandoned property was wrongfully taken or
withheld from the owner. The petition shall name the towing company among the defendants. The petition may also name the agency ordering the
tow or the owner, lessee or agent of the real property from which the abandoned property was removed. The Missouri Director of Revenue shall not
be a party to such petition but a copy of the petition shall be served on the director of revenue.
(h)
Notice to owner. Notice as to the removal of any abandoned property pursuant to this division shall be made in writing within five (5) working days to
the registered owner and any lienholder of the fact of the removal, the grounds for the removal, and the place to which the property has been
removed by either:
(1)
The public agency authorizing the removal; or
(2)
The towing company, where authorization was made by an owner or lessee of real property.
If the abandoned property is stored in any storage facility, a copy of the notice shall be given to the operator of the facility. The notice provided for in
this section shall include the amount of mileage if available shown on the abandoned property at the time of removal.
(i)
Tow truck requirements. Any towing company which tows abandoned property for hire shall have the towing company's name, city and state clearly
printed in letters at least three (3) inches in height on the sides of the truck, wrecker or other vehicle used in the towing.
(j)
Storage facilities. Persons operating or in charge of any storage facility where the abandoned property is stored pursuant to this division shall accept
cash for payment of towing and storage by a registered owner or the owner's agent claiming the abandoned property.
(Ord. No. 1970, § 4, 8-23-99)
Sec. 14-338. - Maximum charges.
(a) A towing company may only assess reasonable storage charges for abandoned property towed without the consent of the owner. Reasonable
storage charges shall not exceed the charges for vehicles which have been towed with the consent of the owner on a negotiated basis. Storage
charges may be assessed only for the time in which the towing company complies with the procedural requirements of this division.
(b)
The board of aldermen may from time to time establish maximum reasonable towing, storage and other charges which can be imposed by towing
and storage companies operating within the city, and which are consistent with this division and with RSMo. §§ 304.155 to 304.158. Any violation of
said established maximum charges shall be deemed a violation of this section of the Code and shall be punishable pursuant to section 1-10.
(c)
A towing company may impose a charge of not more than one-half (½) of the regular towing charge for the towing of abandoned property at the
request of the owner of private real property or that owner's agent pursuant to this division if the owner of the abandoned property or the owner's
agent returns to the abandoned property before it is removed from the private real property. The regular towing charge may only be imposed after
the abandoned property has been removed from the property and is in transit.
(Ord. No. 1970, § 4, 8-23-99)
Sec. 14-339. - Sale of abandoned property by city.
(a) When the city has physical possession of the abandoned property, it may sell the abandoned property in accordance with the provisions set forth
herein and may transfer ownership by means of a bill of sale signed by the city clerk and sealed with the official city seal. Such bill of sale shall
contain the make and model of the abandoned property, the complete abandoned property identification number and the odometer reading of the
abandoned property if available and shall be lawful proof of ownership for any dealer registered under the provisions of RSMo. § 301.218 or §
301.560, or for any other person.
(b)
Whenever abandoned property impounded under the provisions of this division is deemed to have a value of less than three hundred dollars
($300.00) by the director of public safety, then such abandoned property may be sold for scrap after the twentieth day of impoundment.
(c)
Whenever abandoned property impounded under the provisions of this division is deemed to have a value of three hundred dollars ($300.00) or
more by the director of public safety, then the city shall retain physical possession for sixty (60) days, during which the owner may reclaim the
property, pursuant to the provisions of this division. Following the sixty (60) days, the director of public safety may order the same to be sold for cash
at public sale to the highest bidder.
(d)
Prior to the sale of the abandoned property having a value of three hundred dollars ($300.00) or more, the director of public safety shall give a
written notice to the owner, if known, by delivery in person or by registered letter to the last known residence or place of business of the owner. The
notice shall contain:
(1)
A brief description of such property;
(2)
An itemized statement of the city's and towing company's claim showing the sum due at the time of notice;
(3)
A demand that the amount of the claim as stated in the notice, and of such further claim as shall accrue, shall be paid on or before a day
mentioned; not less than ten (10) days from the delivery of the notice if it is personally delivered, or from the time when the notice should reach
its destination according to the due course of the mail if the notice is sent by mail; and
(4)
A statement that unless the claim is paid within the time specified such property will be advertised for sale and sold by auction at a specified
time and place.
(e)
After the time for payment of the claim specified in the notice has elapsed, an advertisement of the sale, describing such property to be sold and
stating, if known, the name of the owner or person on whose account such property is held, and the time and place of the sale, shall be published
once a week for two (2) consecutive weeks in a newspaper of general circulation in the city and the sale shall not be less than fifteen (15) days from
the time of the first publication.
(f)
In accordance with the terms of a notice so given, a sale of the property by auction may be held. The proceeds of such sale, less cost incurred by the
city and towing company for towing, storage and advertisement, shall be deposited into the general fund of the city and the city administrator shall
be given a report of the amount so deposited with a statement of costs incurred.
(g)
Any owner who makes application to the city administrator within one (1) year of the date of the sale as described in this section, upon establishing
proof of ownership, shall be given a city warrant for any amount remaining after the cost and expenses have been deducted.
(h)
At any time before such property is sold, any person owning a right of property or possession therein may pay the amount necessary to satisfy the
expenses incurred in towing, storage and advertisement up to the time of such payment. The city shall deliver such property to such person making
such payment upon proof of such right therein.
(Ord. No. 1970, § 4, 8-23-99)
Secs. 14-340—14-350. - Reserved.
ARTICLE VI. - TRAFFIC-CONTROL SIGNS, SIGNALS, DEVICES AND MARKINGS
Sec. 14-351. - Manual and specifications for traffic-control devices.
All traffic-control signs, signals and devices shall conform to the manual and specifications approved by the state highway and transportation
commission or adopted by the city. All signs and signals required herein for a particular purpose shall so far as practicable be uniform as to type and
location throughout the city. All traffic-control devices so erected and not inconsistent with the provisions of this chapter shall be official traffic-control
devices.
Sec. 14-352. - Obedience to traffic-control devices.
(a) The driver of any vehicle shall obey instructions of any official traffic-control device applicable thereto placed in accordance with this chapter unless
otherwise directed by a public safety officer, subject to the exceptions granted the driver of an authorized emergency vehicle.
(b)
No provisions of this chapter for which signs are required shall be enforced against an alleged violator if at the time of the alleged violation an official
sign is not in proper position and sufficiently legible to be seen by an ordinarily observant person.
Sec. 14-353. - Official traffic-control devices; presumption of legality.
(a) Whenever official traffic-control devices are placed in position approximately conforming to the requirement of this chapter, such devices shall be
presumed to have been so placed by the official direction or act of lawful authority, unless the contrary shall be established by competent evidence.
(b)
Any official traffic-control device placed pursuant to the provisions of this chapter and purporting to conform to the lawful requirement pertaining to
such devices shall be presumed to comply with the requirements of this chapter, unless the contrary shall be established by competent evidence.
Sec. 14-354. - Traffic-control signal legend.
(a) Whenever traffic is controlled by traffic-control signals exhibiting different colored lights or colored lighted arrows, successively one (1) at a time, or
in combination, only the colors green, yellow and red shall be used, except for special pedestrian-control signals carrying a word legend, and the
lights indicate and apply to drivers of vehicles and pedestrians as follows:
(1)
Green alone:
a.
Vehicular traffic facing a circular green signal may proceed straight through or turn right or left unless a sign at such place prohibits either
such turn. But vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians lawfully
within the intersection or an adjacent crosswalk at the time such signal is exhibited;
(2)
(3)
(b)
b.
Vehicular traffic facing a green arrow signal, shown alone or in combination with another indication, may cautiously enter the intersection
only to make the movement indicated by such arrow, or such other movement as is permitted by other indications shown at the same time.
Such vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the
intersection;
c.
Unless otherwise directed by a pedestrian-control signal, pedestrians facing any green signal, except when the sole green signal is a turn
arrow, may proceed across the roadway within any marked or unmarked crosswalk.
Steady yellow indication:
a.
Vehicular traffic facing a steady yellow signal is thereby warned that the related green movement is being terminated or that a red indication
will be exhibited immediately thereafter when vehicular traffic shall not enter the intersection;
b.
Pedestrians facing a steady yellow signal, unless otherwise directed by a pedestrian-control signal, are thereby advised that there is
insufficient time to cross the roadway before a red indication is shown and no pedestrian shall then start to cross the roadway.
Steady red indication:
a.
Vehicular traffic facing a steady red signal alone shall stop before entering the crosswalk on the near side of the intersection or, if none, then
before entering the intersection and shall remain standing until a green indication is shown except as provided in subparagraph b. of this
subdivision (3);
b.
The driver of a vehicle which is stopped as close as practicable at the entrance to the crosswalk on the near side of the intersection or, if
none, then at the entrance to the intersection in obedience to a red signal, may cautiously enter the intersection to make a right turn but
shall yield the right-of-way to pedestrians and other traffic proceeding as directed by the signal at the intersection, except that the state
highways and transportation commission with reference to an intersection involving a state highway, and local authorities with reference to
an intersection involving other highways under their jurisdiction, may prohibit any such right turn against a red signal at any intersection
where safety conditions so require, such prohibition shall be effective when a sign is erected at such intersection giving notice thereof,
c.
Unless otherwise directed by a pedestrian-control signal, pedestrians facing a steady red signal alone shall not enter the roadway.
In the event an official traffic-control signal is erected and maintained at a place other than an intersection, the provisions of this section shall be
applicable except as to those provisions which by their nature can have no application. Any stop required shall be made at a sign or marking on the
pavement indicating where the stop shall be made, but in the absence of any such sign or marking the stop shall be made at the signal.
Sec. 14-355. - Flashing signals.
Whenever an illuminated flashing red or yellow signal is used in a traffic sign or signal, it shall require obedience by vehicular traffic as follows:
(1)
Flashing red (stop signal). When a red lens is illuminated with intermittent flashes, drivers of vehicles shall stop before entering the nearest
crosswalk at an intersection or at a limit line when marked or, if none, then before entering the intersection, and the right to proceed shall be
subject to the rule applicable after making a stop at a stop sign; and
(2)
Flashing yellow (caution signal). When a yellow lens is illuminated with intermittent flashes, drivers of vehicles may proceed through the
intersection or past such signal only with caution.
Sec. 14-356. - Sign directing vehicle to or away from a lane or direction.
It shall be unlawful for the operator of a vehicle traveling in a particular traffic lane on a roadway divided and marked into lanes to disobey a sign,
signal, arrow or marker along the roadway which directs vehicles traveling in such lane to move in a particular lane or direction or not to move into a
different lane or in a different direction.
Sec. 14-357. - Sign prohibiting lane change.
No person operating a vehicle on the roadway shall move from one (1) lane into any other lane of traffic moving in the same direction where
appropriate signs on the roadway indicate a no-lane-changing zone, and such signs are in place and clearly visible to any ordinarily observant person.
Sec. 14-358. - Signs indicating one-way street or alley.
Whenever any ordinance of the city designates any one-way street or alley, signs indicating the direction of lawful traffic movement shall be placed
and maintained at every intersection where movement of traffic in the opposite direction is prohibited, and upon those streets and parts of streets and in
those alleys described and designated as such, vehicular traffic shall only move in the indicated direction.
Sec. 14-359. - Signs indicating one way at one time; another way at another time.
When appropriate signs, signals, markings, barriers or other devices are in place giving adequate notice that a street, part of a street, or specified
lane or lanes of a street on which vehicular traffic shall proceed in one (1) direction during one period of the day and the opposite direction during
another period of the day, regardless of the centerline of the roadway, no person shall disobey such sign by driving in the opposite direction of the lawful
traffic movement for the lane in which he is traveling.
Sec. 14-360. - Prohibition of commercial vehicles or vehicles in excess of certain weight from certain streets and bridges.
(a) Streets. When signs are erected in accordance with schedule VIII [of section 14-484] of this Code prohibiting either commercial vehicles or vehicles in
excess of a specified weight from the use of a street, no person shall operate a commercial vehicle or any vehicle in excess of the gross weight
specified on such sign at any time upon any of the streets or parts of streets so marked; except that such vehicles may be operated thereon for the
purpose of delivering or picking up materials or merchandise and then only by entering such streets at the intersection nearest the destination of the
vehicle and proceeding thereon no farther than the nearest intersection thereafter; provided, further, that the provisions of this section shall not
apply to vehicles owned or officially used by utilities, federal agencies, the state, county, or any other subdivision of government or agencies thereof.
(b)
Bridges. When signs are erected in accordance with schedule VIII of this Code by which a driver of a vehicle approaching a bridge is given notice that
vehicles in excess of a specified weight are prohibited the use of a bridge, no person shall drive any vehicle in excess of the weight specified on such
bridge so marked by such sign.
(Ord. No. 1442, § 1, 6-11-90; Ord. No. 2540, § 1, 6-14-10)
Sec. 14-361. - Stop signs.
(a) Stop. Except when directed to proceed by a public safety officer, every driver of a vehicle approaching a stop sign shall stop before entering the
crosswalk on the near side of the intersection or, in the event there is no crosswalk, shall stop at a clearly marked line, but if none, then at the point
nearest the intersecting roadway where the driver has a view of approaching traffic before entering the intersection.
(b)
Yield right-of-way after stopping. Except when directed to proceed by a public safety officer, every driver of a vehicle approaching a stop intersection
indicated by a stop sign shall stop as required by paragraph (a) above, and, after having stopped, shall yield the right-of-way to any vehicle which has
entered the intersection from another street or which is approaching so closely on the street as to constitute an immediate hazard during the time
when the driver is moving across or within the intersection.
Sec. 14-362. - Crossing corner lot to avoid traffic device prohibited.
No person shall drive a vehicle across a corner lot, whether publicly or privately owned, for the purpose of avoiding any traffic-control device.
Sec. 14-363. - Pedestrian-control signal.
Whenever special pedestrian-control signals exhibiting the words "walk" or "don't walk" are in place, such signals shall indicate as follows:
(1)
Walk: Pedestrians facing such signal may proceed across the roadway in the direction of the signal and shall be given the right-of-way by the
drivers of all vehicles;
(2)
Wait or Don't walk: No pedestrian shall start to cross the roadway in the direction of such signal, but any pedestrian who has partially completed
his crossing on the "walk" signal shall proceed to a sidewalk or safety zone, while the wait signal is showing.
Sec. 14-364. - Obstructions in streets and street rights-of-way.
(a) No person, firm or corporation shall erect, construct, place or maintain any speed bumps, horses, ridges, depressions, fences, gates, pipes, chains,
bars, or any other type of structure or obstruction in, on, or across the paved portion of any public street or roadway within the city.
(b)
No person, firm or corporation shall erect, construct, place or maintain anything within the unpaved portion of any right-of-way owned by the City of
Des Peres except as follows:
(1)
Grass and/or landscaping materials, including trees and bushes, provided that such landscaping materials do not hinder sight distance, become
a public nuisance or otherwise obstruct or interfere with the free and safe movement of traffic.
(2)
Mailboxes as authorized or required by postal authorities.
(3)
Traffic control devices and signs installed and maintained by the city or other governmental entity.
(4)
Public utility lines and equipment including, but not limited to, street lights, cable television installations and utility poles, provided that
appropriate permits are obtained from the city.
(5)
Private driveways and sidewalks, provided that appropriate permits are obtained from the city. This authorization shall not be construed to allow
for installation of parking pads adjacent to or parallel with the roadway.
(6)
Directional or informational signs as may be approved by the mayor and board of aldermen.
(7)
Lawn sprinkler systems, invisible fences or similar subsurface installations may be installed or maintained on the public right-of-way exclusively
at the risk of the person, firm or corporation installing or maintaining the same. In the event that such systems are installed or maintained in the
public right-of-way, the city shall have no responsibility or liability whatsoever for removal of or damage to such systems as a result of the use,
maintenance or repair of any street, sidewalk, or right-of-way by the city or its agents, employees or representatives, nor shall the city be
responsible or liable for any damage done to any such item caused by or resulting from the use of the public right-of-way by members of the
public.
(c)
Any items placed, constructed, maintained or located in the public right-of-way contrary to the provisions of this ordinance shall be removed by the
person or persons responsible for their installation within fifteen (15) days of receipt of notice from the city. In the event that an item shall not be
removed within the time allowed the same may be removed by the city and any and all expenses for doing so shall be borne by the person or
persons responsible for improperly placing, constructing, maintaining or locating such items.
(d)
Any person convicted or violating any provision of this section shall be punished as provided in section 1-10 of this Code of Ordinances.
(Ord. No. 1445, § 1, 7-9-90)
Sec. 14-365. - Display of unauthorized signs, signals, markings or lights.
No person shall place, maintain or display upon or in view of any highway an unauthorized sign, signal, marking or device which purports to be or is
an imitation of or resembles an official traffic-control device or traffic-control signal, or which attempts to direct the movement of traffic, or which hides
from view or interferes with the effectiveness of any official traffic-control device, sign or signal.
Sec. 14-366. - Interference with official traffic-control devices; clear vision zones at intersections.
(a) No person shall, without lawful authority, attempt to, or in fact alter, deface, injure, knock down, or remove any official traffic-control device or signal
or any part thereof.
(b)
It shall be unlawful for any person to hide or obscure any official traffic-control device, or signal by the erection of any object, or by allowing bushes,
hedges, trees, or other vegetation to grow and obscure the same.
(c)
(d)
Unobstructed vision for traffic safety shall be maintained by the owner or occupant on all corner lots regardless of the zone classification with
reference to any vehicle, trailer, sign, fence, ornament, hedge, shrub, tree, display, or any other obstruction, but not including buildings. No such
obstruction to view between three (3) and eight (8) feet above the gutter line shall be placed or maintained within a triangular area at the street
corner, which area is bounded by:
(1)
The street property lines of the corner lot and a line connecting points fifty (50) feet distant from the intersection of the property lines of such
lot; or
(2)
The curblines of an intersection and a line connecting points fifty (50) feet distant from the corner of the curblines out to a specified point,
whichever is the lesser.
Every such object or vegetation is hereby declared a public nuisance and the authority having jurisdiction over the public way is hereby empowered
to remove the same or to cause the same to be removed without notice.
Secs. 14-367—14-380. - Reserved.
ARTICLE VII. - PEDESTRIANS
Sec. 14-381. - Pedestrians subject to traffic-control signals, devices.
Pedestrians shall be subject to traffic-control signals as hereinbefore described in this chapter; at all other places pedestrians shall he granted those
rights and be subject to restrictions stated in this article.
Sec. 14-382. - Right-of-way in crosswalk.
(a) When traffic-control signals are not in place or not in operation, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if
necessary to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the
vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.
(b)
No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for
the driver to yield.
(c)
Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk in an intersection to permit a pedestrian to cross the roadway,
the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.
Sec. 14-383. - Pedestrians to use right half of crosswalk.
Pedestrians shall move, whenever practicable, upon the right half of crosswalks.
Sec. 14-384. - Pedestrians to cross at right angles.
No pedestrians shall cross a roadway at any place other than by a route at right angles to the curb or by the shortest route to the opposite curb,
except within a crosswalk.
Sec. 14-385. - Pedestrians to yield right-of-way outside crosswalks or intersections.
(a) Every pedestrian crossing a roadway at any point other than that within a marked crosswalk or within an unmarked crosswalk at an intersection shall
yield the right-of-way to all vehicles on the roadway.
(b)
Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-ofway to all vehicles upon the roadway.
(c)
The foregoing rules of this section shall have no application under the conditions stated in section 14-386 when pedestrians are prohibited from
crossing at certain designated places.
Sec. 14-386. - Prohibited pedestrian crossings.
(a) Between adjacent intersections at which traffic-control signals are in operation, pedestrians shall not cross at any place except in a crosswalk.
(b)
No pedestrian shall cross a roadway other than in a crosswalk in any business district.
(c)
No pedestrian shall cross a roadway other than in a crosswalk upon any street designated by ordinance.
(d)
No pedestrian shall cross a roadway intersection diagonally unless authorized by official traffic-control devices; and, when authorized to cross
diagonally, pedestrians shall cross only in accordance with the official traffic-control device pertaining to such crossing movements.
Sec. 14-387. - Pedestrians walking, jogging along roadway.
(a) Where sidewalks are provided, it shall be unlawful for any pedestrian to walk, run or jog, along or upon an adjacent roadway.
(b)
Where sidewalks are not provided, any pedestrian walking or jogging along or upon a highway shall, when practical, walk, run or jog only on the left
side of the roadway or at the shoulder facing traffic which may approach from the opposite direction.
Sec. 14-388. - Pedestrians prohibited from soliciting in roadways.
(a) Definitions. For purposes of this section only, the following terms shall be defined, as follows:
(b)
(1)
Roadway shall mean the portion of a street or highway improved, designed, or ordinarily used for vehicular travel and extending from one (1)
curb or edge of pavement to the opposite curb or edge of pavement, including lanes commonly used for parking and including center medians
and lane dividers.
(2)
Sidewalk shall mean that portion of a public right-of-way between the curb lines, or the lateral lines of a roadway and the adjacent property lines,
intended for use by pedestrians.
[Prohibited.] No person shall stand in or enter upon a roadway for the purpose of soliciting rides, employment, business or charitable contributions
from the occupant of any vehicle, except from the occupants of parked motor vehicles located in the roadway adjacent to a sidewalk if the solicitor is
on a sidewalk.
(Ord. No. 1425, § 1, 1-8-90)
Sec. 14-389. - School child required to cross within marked crosswalk.
Any child walking to or from a school which is in session before, during or after such session shall be required to cross any street which has a marked
school crossing crosswalk within such crosswalk.
Sec. 14-390. - Drivers to exercise due care.
Notwithstanding the provisions of section 14-387, every driver of a vehicle shall exercise the highest degree of care to avoid colliding with any
pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any
child or any confused or incapacitated person upon the roadway.
Secs. 14-391—14-400. - Reserved.
ARTICLE VIII. - BICYCLES AND MOTORIZED BICYCLES
Sec. 14-401. - Rights and duties of bicycle and motorized bicycle riders.
Every person riding a bicycle or motorized bicycle upon any street or highway shall be granted all of the rights and shall be subject to all of the duties
applicable to the driver of a vehicle as provided in divisions 3 and 4 of article IV and article VI of this chapter except as to special regulations in this article
and section 14-5 and in the definitions of "bicycle" and "motorist" in section 14-1 of this chapter, and except as to those provisions which by their nature
can have no application.
Sec. 14-402. - Valid operator's or chauffeur's license required to operate motorized bicycle.
No person shall operate a motorized bicycle on any highway or street in this city unless he or she has a valid operator's or chauffeur's license.
Sec. 14-403. - Penalty for violation.
Any person seventeen (17) years of age or older who violates any provision of this article is guilty of an ordinance violation, and, upon conviction
thereof, shall be punished by a fine of not less than five dollars ($5.00), nor more than twenty-five dollars ($25.00). Such an ordinance violation does not
constitute a crime and conviction shall not give rise to any disability or legal advantage based on conviction of a criminal offense. If any person under
seventeen (17) years of age violates any provision of this article in the presence of a public safety officer possessing the duty and power of arrest for
violation of the general criminal laws of this state or for violation of the ordinances of this city, the officer may impound the bicycle or motorized bicycle
involved for a period not to exceed five (5) days upon issuance of a receipt to the child riding it or to its owner.
Secs. 14-404—14-415. - Reserved.
DIVISION 2. - EQUIPMENT
Sec. 14-416. - Brakes required.
Every bicycle and motorized bicycle shall be equipped with a brake or brakes which will enable its driver to stop the bicycle or motorized bicycle
within twenty-five (25) feet from a speed of ten (10) miles per hour on dry, level, clean pavement.
Sec. 14-417. - Lights, reflectors, when required; standards to be met.
Every bicycle and motorized bicycle when in use on a street or highway during the period from one-half hour after sunset to one-half hour before
sunrise shall be equipped with the following:
(1)
A front-facing lamp attached to the front or carried by the rider which shall emit a white light visible at night under normal atmospheric
conditions on a straight, level, unlighted roadway at five hundred (500) feet.
(2)
A rear-facing red reflector, at least two (2) square inches in reflective surface area, on the rear which shall be visible at night under normal
atmospheric conditions on a straight, level, unlighted roadway when viewed by a vehicle driver under the lower beams of vehicle headlights at
six hundred (600) feet.
(3)
Essentially colorless or amber reflectors on both the front and rear surfaces of all pedals. Each pedal reflector shall be recessed below the plane
of the pedal or reflector housing. Each reflector shall be at least ninety-one-hundredths (0.90) square inches in projected effective reflex area,
and must be visible at night under normal atmospheric conditions on a straight, level, unlighted roadway when viewed by a vehicle driver under
the lawful lower beams of vehicle headlights at two hundred (200) feet.
(4)
A side-facing essentially colorless or amber reflector visible on each side of the wheel mounted on the wheel spokes of the front wheel within
three (3) inches of the inside of the wheel rim and a side-facing essentially colorless or red reflector mounted on the wheel spokes of the rear
wheel within three (3) inches of the inside of the wheel rim, or continuous retroreflector material on each side of both tires which shall be at least
three-sixteenths of an inch wide. All such reflectors or retroreflective tire sidewalls shall be visible at night under normal atmospheric conditions
on a straight, level, unlighted roadway when viewed by a vehicle driver under the lawful lower beams of vehicle headlights at three hundred (300)
feet. The provisions of this subsection shall not apply to motorized bicycles which comply with National Highway Traffic and Safety
Administration regulations relating to reflectors on motorized bicycles.
Sec. 14-418. - Equipment and construction requirements for motorized bicycles.
No person shall operate a motorized bicycle on any street or highway in this city unless it is equipped in accordance with the minimum requirements
for construction and equipment of mopeds, Regulation VESC-17, approved July, 1977.
Secs. 14-419—14-430. - Reserved.
DIVISION 3. - OPERATION
Sec. 14-431. - Manner of riding on bicycles or motorized bicycles.
No bicycle or motorized bicycle shall be used to carry more persons at one (1) time than the number for which it is designed or equipped, except that
an adult rider may carry a child securely attached to his person in a backpack or sling.
State Law reference— Operation of motorized bicycles, RSMo. § 300.345(2).
Sec. 14-432. - Riding on roadways and bicycle paths.
(a) Every person operating a bicycle or motorized bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, exercising
due care when passing a standing vehicle or one proceeding in the same direction.
(b)
Persons riding bicycles or motorized bicycles upon a roadway shall not ride more than two (2) abreast except on paths or parts of roadways set aside
for the exclusive use of bicycles or motorized bicycles. Persons riding two (2) abreast shall not impede the normal and reasonable movement of
traffic, and on a laned roadway shall ride within a single lane.
(c)
Whenever a usable path for bicycles practical for sustained riding for transportation purposes has been provided adjacent to a roadway, riders shall
use such path and shall not use the roadway.
Sec. 14-433. - Turn and stop signals.
(a) Except as provided in this section, a person riding a bicycle or motorized bicycle shall comply with section 14-253.
(b)
A signal of intention to turn right or left when required shall be given continuously during not less than the last one hundred (100) feet traveled by
the bicycle or motorized bicycle before turning and shall be given while the bicycle or motorized bicycle is stopped waiting to turn. A signal by hand
and arm need not be given continuously if the hand is needed in the control or operation of the bicycle or motorized bicycle.
Sec. 14-434. - Left turns.
(a) A person riding a bicycle or motorized bicycle intending to turn left shall follow a course described in section 14-248.
(b)
A person riding a bicycle or motorized bicycle intending to turn left shall approach the turn as close as practicable to the right curb or edge of the
roadway, or the right edge of the left turn bay, if provided, or the right edge of the left turn lane. After proceeding across the intersecting roadway,
the turn shall be completed as close as practicable to the curb or edge of the roadway on the far side of the intersection.
Sec. 14-435. - Bicycles and motorized bicycles on sidewalks.
(a) A person may not propel or operate a motorized bicycle on sidewalks or crosswalks.
(b)
A person propelling a bicycle upon and along a sidewalk, or across a roadway upon and along a crosswalk, shall yield the right-of-way to any
pedestrians and shall give audible signal before overtaking and passing such pedestrian.
(c)
A person shall not ride a bicycle upon and along a sidewalk, or across a roadway upon and along a crosswalk, where such use of bicycles is
prohibited by official traffic-control devices.
(d)
A person propelling a bicycle upon and along a sidewalk, or across a roadway upon and along a crosswalk shall have all the rights and duties
applicable to a pedestrian under the same circumstances.
Sec. 14-436. - Carrying articles.
No person operating a bicycle or motorized bicycle shall carry any package, bundle or article which prevents the use of both hands in the control and
operation of the bicycle or motorized bicycle. A person operating the bicycle or motorized bicycle shall keep at least one (1) hand on the handlebars at all
times.
Sec. 14-437. - Operation of motorized bicycles prohibited on designated federal interstate highway system.
No motorized bicycle may be operated on any public thoroughfare located within this city which has been designated as part of the federal interstate
highway system.
Secs. 14-438—14-450. - Reserved.
ARTICLE IX. - MOTORCYCLES
Sec. 14-451. - Traffic regulations apply.
Every person operating a motorcycle shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of any other
vehicle under this chapter, except as to special regulations in this chapter and except as to those provisions of this chapter which by their very nature can
have no application.
Sec. 14-452. - Manner of riding.
A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other
person nor shall any other person ride on a motorcycle unless such motorcycle is designed to carry more than one (1) person, in which event a passenger
may ride upon the permanent and regular seat if designed for two (2) persons, or upon another seat firmly attached to the rear or side of the vehicle, but
not in any trailer suspended behind the vehicle.
Sec. 14-453. - Operating motorcycles on roadways laned for traffic.
(a) All motorcycles are entitled to full use of a lane and no motor vehicle shall be driven in such a manner as to deprive any motorcycle of the full use of
a lane.
(b)
The operator of a motorcycle shall not overtake and pass in the same lane occupied by the vehicle being overtaken.
(c)
No person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles.
(d)
Motorcycles shall not be operated more than two (2) abreast in a single lane.
(e)
Paragraphs (b) and (c) of this section shall not apply to public safety officers in the performance of their official duties.
Sec. 14-454. - Clinging to other vehicles.
It shall be unlawful for any person riding upon a motorcycle to attach the rider or the motorcycle to any other vehicle on a roadway.
Sec. 14-455. - Equipment for motorcycle riders.
(a) No person shall operate or ride upon a motorcycle without wearing protective headgear which complies with standards established by the state
director of revenue.
(b)
No person shall operate a motorcycle without wearing an eye-protective device of a type approved by the state director of revenue, except when the
motorcycle is equipped with a windscreen.
Sec. 14-456. - Equipment, generally.
Every motorcycle shall be equipped as is required of any other motor vehicle, unless specifically exempted from such requirements by this article or
unless such equipment in its very nature is inconsistent with the structure and use of a motorcycle.
Sec. 14-457. - Horns, lights, mufflers.
Every motorcycle shall comply with the requirements and limitations on horns, warning devices, muffler, prevention of noise, and lighting equipment
as set forth in Article III, division 2 of this chapter.
Sec. 14-458. - Footrests and handlebars.
(a) No person shall ride upon a motorcycle as a passenger unless such vehicle is equipped with footrests for such passenger.
(b)
No person shall operate any motorcycle with any part of the handlebars more than fifteen (15) inches in height above that portion of the seat
occupied by the operator.
Sec. 14-459. - Valid state operator's license required to lend, lease or rent motorcycles.
No person shall rent, lease or lend any motorcycle to any person without first ascertaining that such person possesses a valid state operator's license
for the operation of a motorcycle upon a street or highway.
Secs. 14-460—14-470. - Reserved.
ARTICLE X. - SCHEDULES
Sec. 14-471. - Schedule I: Speed limits.
(a) State roads.
Interstate 270
Within City Limits
60 mph
Manchester Road
Both Directions, East City Limits to I-270
35 mph
Manchester Road
Westbound, I-270 to Barrett Station Road
45 mph
Manchester Road
Eastbound from Centeroyal to Des Peres
Road
40 mph
Manchester Road
Eastbound from Des Peres Road to I-270
35 mph
Manchester North to City Limits
40 mph
North of Manchester to City Limits
35 mph
Ballas Road
Des Peres Road
(b)
County roads.
Ballas Road
South of Manchester
35 mph
Barrett Parkway
North of Manchester
30 mph
Dougherty Ferry Road
East of I-270
30 mph
Dougherty Ferry Road
West of I-270
45 mph
Entire Length
30 mph
Des Peres Road
South of Manchester
30 mph
Old Des Peres Road
South of Manchester
30 mph
Highland Avenue
North of Highland Bridge
30 mph
Lindemann Road
Manchester Road to City Limits
30 mph
Manchester Road South to City Limits
30 mph
Entire Length
15 mph
(c)
City-owned road and private streets.
Bopp Road
Lockett Road
West County Center Drive
(d)
Speed limits on other streets and parking lots.
(1)
The speed limit on all other streets in the city, public or privately owned, is hereby established as 20 mph.
(2)
The speed limit in posted school zones is hereby established as 20 mph on Bopp Road and 25 mph on Ballas Road.
(3)
The speed limit in driveways in Des Peres Park and at The Lodge is hereby established at 15 mph.
(Ord. No. 1464, § 1, 2-11-91; Ord. No. 1485, § 1, 7-8-91; Ord. No. 1502, §§ 1, 2(a), 11-12-91; Ord. No. 1559, § 2, 7-27-92; Ord. No. 1774, § 1, 4-8-96; Ord. No.
1825, § 2, 3-10-97; Ord. No. 2025 § 1, 9-25-00; Ord. No. 2099, § 1, 2-25-02; Ord. No. 2219, § 2(a), 9-9-02; Ord. No. 2487, § 1, 11-10-08; Ord. No. 2602, § 1, 1212-11)
Sec. 14-472. - Schedule II: Through Streets
Ordinance
Street
ௐ226
Manchester Road (East City Limits to West City Limits)
ௐ226
Ballas Road (North City Limits to South City Limits)
ௐ226
Bopp Road (Manchester Road to North City Limits)
ௐ226
Lockett Road (Manchester Road to South City Limits)
ௐ226
Lindemann Road (Manchester Road to South City Limits)
ௐ226
Des Peres Road (Manchester Road to South City Limits)
1502
Barrett Station Road
1502
Barrett Parkway South
1733
Dougherty Ferry Road (Ballas Road west to City Limits)
2608
Fairoyal Drive
Centeroyal Drive
(Ord. No. 1502, § 2(b), 11-12-91; Ord. No. 1733, § 1, 8-28-95; Ord. No. 2608, § 1(a), 3-12-12)
Sec. 14-473. - Schedule III: Stop Signs.
Ordinance
Through Street
Intersecting
Street
ௐ226
Ballas Road
All
ௐ226
Bopp Road
All
ௐ226
Des Peres Road
All
ௐ226
Lindemann Road
All
ௐ226
Lockett Road
All
ௐ226
Manchester Road
All
ௐ527
Kendon Drive
Hargrove Drive
ௐ527
Kendon Drive
Marlann Drive (S.W. corner only)
ௐ629
Bonroyal Drive
Pardoroyal Drive
1564
Greenbriar Estates Drive
All
1690
Brook Valley Road
Bent Brook Road
1690
Bent Brook Court
Bent Brook Road
1690
Clear Brook Drive
Bent Brook Road
1690
Brook Spring Court
Bent Brook Road
1690
Bent Spring Drive
Bent Brook Road
1690
Sunny Terrace Drive
Bent Brook Road
1690
Bent Brook Road
Brook Spring Court
1690
Bent Brook Road (westbound)
Brook Valley Road
1802
Claychester Drive
Fawnridge and Fawnvalley Drives
1805
Gateroyal Drive
Kenroyal Drive, all stop
1825
Oge Road
Grandview Heights
Grandview Heights
Oge Road
Grandview Heights
Des Peres Road
Movie Drive
Entrance to Des Peres Cinema
Sateen Drive
Movie Drive
1839
Christine Avenue
Deutschmann Lane
1928
Barrett Station Road
All
Huntercreek Ridge Road
Diamond Ridge Lane
Dougherty Ridge Court
Diamond Ridge Lane
Fairoyal Drive
All
Centeroyal Drive
All
1828
2608
2625
2658
Tallie Drive at Manhattan Avenue
4-way stop
From Commercial Building (Dierbergs) at 1080
Lindemann [exiting] onto Lindmann and Tallie
Stop for exiting traffic
Point Oak Drive at its Intersection with Gray Drive
Stop Sign for Westbound Traffic on Point Oak
Ordinance
Location
ௐ683
On the southwest and southeast corners of
Whitehorse Lane where Whitehorse Lane
intersects Huntercreek Road
ௐ706
On the southeast corner of the intersection
of Creekhaven Drive and Dunmoor Drive
ௐ706
On the northwest corner of the intersection
of Creekhaven Drive and Candlewick Drive
ௐ706
On the southeast corner of the
northernmost intersection of Ironstone
Drive and Point Oak Road
ௐ706
On the northwest corner of the
southernmost intersection of Ironstone
Drive and Point Oak Road
ௐ706
On the southeast corner of the intersection
of Point Oak Drive and Camberly Drive
ௐ706
On the southwest corner of the intersection
of Point Oak Drive and Candlewick Drive
ௐ706
On the northeast corner of the intersection
of Berkley Manor Drive and Candlewick
Drive
ௐ757
On the southeast corner of Huntercreek
Ridge Court where Huntercreek Ridge Court
intersects Hickory Ridge Lane
ௐ757
On the northeast corner of Hickory Ridge
Lane where Hickory Ridge Lane intersects
Huntercreek Ridge Court
ௐ757
On the northwest and southeast corners of
Hickory Ridge Court where Hickory Ridge
Court intersects Huntercreek Road
ௐ757
On the northwest and southeast corners of
Winding Trail Lane where Winding Trail Lane
intersects Huntercreek Road
ௐ789
On the northeast and southwest corners of
Grant Place where Grant Place intersects
Windemere Avenue
ௐ789
On the southeast and northwest corners of
Windemere Avenue where Windemere
Avenue intersects Amherst Drive
ௐ933
On the southwest corner of the intersection
of Fawnvalley Drive and Claychester Drive
ௐ933
On the northeast corner of the intersection
of Alhambra Heights Drive and Twin Pine
Drive
ௐ933
Manhattan Street where Manattan Street
intersects Tallie Drive
ௐ933
On the northwest corner of the intersection
of Tallie Drive and Lillian Avenue
ௐ940
On the northeast corner of Grandview
Heights where Grandview Heights intersects
Sarala Drive
ௐ940
On the southwest corner of Grandview
Heights where Grandview Heights intersects
Oge Avenue
ௐ940
Alhambra Heights Drive where Alhambra
Heights Drive intersects Kinstern Drive
ௐ940
Alhambra Heights Drive where Alhambra
Heights drive intersects Des Peres Drive
ௐ940
On the southeast corner of Des Peres Drive
where Des Peres Drive intersects Alhambra
Heights Drive
1118
On the north side of Paradise Lane, from
the west line of Bopp Road for a
distance of one hundred sixteen (116) feet
1118
On both sides of Paradise Lane between the
hours of 1:00 a.m. and 6:00 a.m.
1328
On the northwest corner of Fawnvalley
Drive where it intersects with Oak Valley
Drive
1346
On the southwest and northeast corners of
Huntercreek Road at its intersection with
Winding Trail Lane
1346
On the southwest and northwest corners of
Devonshire at its intersection with Tallie
Drive
1400
For all traffic, at the pedestrian crosswalk on
Fairoyal Drive four hundred (400) feet west
of its intersection with East Royal Court
1404
On Beaver Dam Road at its intersection with
Briar Fork Road
1404
On Briar Fork Road at its intersection with
Beaver Dam Road
1433
On Four Winds Farm Drive at its intersection
with Orpington Court
1433
On Orpington Court at its intersection with
Four Winds Farm Drive
1452
On the northwest corner and southeast
corner of Twin Pines Drive where Twin Pines
Drive intersects Alhambra Heights Drive
1502
the intersection of Creekhaven and
Dunmoor
1515
On Sweet Drive at its intersection with
Grupp Road
1515
On Sweet Drive at its intersection with Blase
Avenue
1515
On Blase Avenue at its intersection with
Sweet Drive
1679
On the northeast corner of Amherst Drive
with its intersection with Windemere
Avenue
1679
On the southwest corner of Amherst Drive
with its intersection with Windemere
Avenue
1850
Des Peres Road (as relocated) at its
intersection with Old Des Peres Road
2021
Greenbriar Ridge Road at its intersection
with Old Dougherty Ferry Road
2021
Greenbriar Ridge Court at its intersection
with Greenbriar Ridge Road
2089
On Bellerosa Drive at its intersection with
Old Dougherty Ferry Road
On Bellerosa Place at its intersection with
Old Dougherty Ferry Road
On Bellerosa Place at its intersection with
Bellerosa Drive
On Bellersoa Court at its intersection with
Bellerosa Drive
2219
West County Center Drive from the
entrance to the parking garage in all
directions
2219
West County Center Drive, southbound
traffic at I-270 slip ramp
2487
Bonroyal Drive at intersection with
Centeroyal Drive
2609
Grupp Road, all directions at its intersection
with Sweet Drive.
(Ord. No. 1328, § 1, 6-13-88; Ord. No. 1346, § 1, 8-22-88; Ord. No. 1400, § 2, 8-14-89; Ord. No. 1404, § 1, 9-11-89; Ord. No. 1433, § 1, 3-26-90; Ord. No. 1452,
§ 1, 9-10-90; Ord. No. 1502, § 2(h), 11-12-91; Ord. No. 1515, § 1, 1-27-92; Ord. No. 1559, § 2(c), 7-27-92; Ord. No. 1564, § 1, 8-24-92; Ord. No. 1679, § 1, 8-2294; Ord. No. 1690, § 1, 11-28-94; Ord. No. 1733, § 2, 8-28-95; Ord. No. 1802, § 1, 9-24-96; Ord. No. 1805, § 1, 11-25-96; Ord. No. 1817, § 1, 1-13-97; Ord. No.
1825, § 3, 3-10-97; Ord. No. 1828, § 1, 3-24-97; Ord. No. 1839, § 1, 5-12-97; Ord. No. 1850, § 1, 8-11-97; Ord. No. 1883, § 1, 2-9-98; Ord. No. 1928, § 1, 11-998; Ord. No. 1995, § 1, 2-28-00; Ord. No. 2021, § 1, 8-28-00; Ord. No. 2219, § 2(b), 9-9-02; Ord. No. 2246, § 2, 9-8-03; Ord. No. 2089, § 1, 11-13-01; Ord. No.
2487, § 1, 11-10-08; Ord. No. 2608, § 1(b), 3-12-12; Ord. No. 2609, § 1, 3-12-12; Ord. No. 2625, § 1A, 6-25-12; Ord. No. 2658, § 1, 2-25-13; Ord. No. 2707, § 1,
11-24-14)
Sec. 14-474. - Schedule IIIA: Stop for pedestrians in crosswalk intersections.
Ordinance
Location
ௐ226
Manchester Road at Bopp Road
ௐ712
Manchester Road at Ballas Road
1159
Manchester Road at Lindemann Road
1400
On Fairoyal Drive four hundred (400) feet
west of its intersection with east Royal Court
2487
Des Peres Road at intersection with
Grandview Heights
Des Peres Road at intersection with Old Des
Peres Road
Dougherty Ferry Road at intersection with
Des Peres Road
(Ord. No. 1400, § 1, 8-14-89; Ord. No. 2487, § 1, 11-10-08)
Sec. 14-475. - Schedule IIIB: School crossing intersections.
Ordinance
Location
Remarks
ௐ226
Bopp Road at Manchester Road
4-way
ௐ226
Bopp Road and road leading into
St. Clement's School
for Bopp Road
crossing
ௐ272
Ballas Road at Ballas Meadow
Drive
for Ballas Road
crossing
ௐ226
Manchester at Lindemann Road
for Lindemann
Road crossing
ௐ226
Manchester at Ballas Road
4-way
(Ord. No. 2487, § 1, 11-10-08)
Sec. 14-476. - Schedule IIIC: School stop intersections.
Ordinance
Location
ௐ226
Bopp Road and road leading into St. Clement's School
ௐ272
Ballas Road and Ballas Meadow Drive
Sec. 14-477. - Schedule IIID: School zones.
Ordinance
Location
ௐ226
Ballas Road, five hundred (500) feet north of
the centerline of Manchester Road
ௐ226
Manchester Road, five hundred (500) feet
east of centerline of Ballas Road
ௐ400
Ballas Road, five hundred (500) feet each
direction from centerline of Ballas Meadow
Drive
ௐ400
Bopp Road, five hundred (500) feet each
direction from centerline of road leading
into St. Clement's School
1891
Ballas Road from Dougherty Ferry Road
north to Rayner Drive
1891
Ballas Road from Manchester Road north
Ballas Meadows Drive
1891
Bopp Road between Kendon Drive and
Claychester Drive
2487
Ballas Road from Ballas Pond Drive south to
Winslow Lane
(Ord. No. 1891, § 2, 4-13-98; Ord. No. 2487, § 1, 11-10-08)
Sec. 14-478. - Schedule IV: Yield intersections.
Ordinance
Location
1502
Barrett Parkway North at its intersection
with westbound Manchester Road
1995
Northbound Old Dougherty Ferry Road at
Greenbriar Estates Drive
(Ord. No. 1502, § 2(c), 11-12-91; Ord. No. 1995, § 2, 2-28-00; Ord. No. 2487, § 1, 11-10-08)
Sec. 14-479. - Schedule IVA: Left turns prohibited.
Ordinance
Location
ௐ464
Eastbound on Manchester—One hundred
(100) feet east and west of the centerline of
Lindemann Road
1123
[Repealed by Ordinance No. 1904.]
1162
Eastbound traffic on Dougherty Ferry Road
into Tree Top Lane between the hours of
7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00
p.m. on Monday through Friday
1351
[Repealed by Ordinance No. 1432.]
1432
[Deleted by Ordinance No. 2625.]
1502
From Barrett Parkway North into eastbound
Manchester Road
1507
Eastbound on Manchester Road into the
eastern entrance to the shopping center
known as Olympic Oaks Village and
addressed as 12101—12161 Manchester
Road
1507
Traffic exiting onto Manchester Road from
the eastern exit of the shopping center
known as Olympic Oaks Village and
addressed as 12101—12161 Manchester
Road
2219
Traffic exiting from I-270 slip ramp onto
West County Center Drive
2487
Des Peres Park entrance into eastbound
traffic on Manchester
Des Peres Corners into westbound traffic
onto Manchester
Manchester Road turning from eastbound
traffic into Des Peres Park
2625
From westbound Manchester into
commercial building (Dierbergs) at 1080
Lindemann
From commercial building (Dierbergs) at
1080 Lindemann onto westbound
Manchester Road
2644
From northbound Sarala Drive into the drive
for the commercial building located at
12990 Manchester Road
(Ord. No. 1351, § 1, 9-26-88; Ord. No. 1432, § 1, 2-26-90; Ord. No. 1502, § 2(d), 11-12-91; Ord. No. 1507, § 1, 11-9-91; Ord. No. 1543, § 1, 5-11-92; Ord. No.
1864, § 1, 10-27-97; Ord. No. 1904, §§ 1, 2, 7-27-98; Ord. No. 2061, § 2, 5-15-01; Ord. No. 2219, § 2(c), 9-9-02; Ord. No. 2487, § 1, 11-10-08; Ord. No. 2625, §
1B, 6-25-12; Ord. No. 2644, § 2, 11-13-12)
Sec. 14-480. - Schedule V: Electric traffic-controlled intersections.
Ordinance
Location
ௐ226
Manchester Road at Bopp Road
ௐ715
Manchester Road at Ballas Road
ௐ715
Manchester Road at entrance to West County Center
ௐ715
Manchester Road at Interstate 270, east and west ramps
ௐ715
Ballas Road at entrance to West County Center
1502
Barrett Parkway North at Barrett Station Road
1504
Manchester Road at Blase Avenue and the entrance to Olympic Oaks Village Shopping Center
1559
Dougherty Ferry Road at Des Peres Road
1733
Dougherty Ferry Road at Interstate 270, all ramps
1825
Des Peres Road at the exit from Manchester Road
Des Peres Road at Movie Drive
2219
West County Center Outer Road at Ballas Road garage
2349
Dougherty Ferry Road at Des Peres Hospital Drive and Highland Avenue
(Ord. No. 1346, § 2, 8-22-88; Ord. No. 1404, § 1, 9-11-80; Ord. No. 1502, § 2(e), 11-12-91; Ord. No. 1504, § 1, 11-25-91; Ord. No. 1559, § 2(c), 7-27-92; Ord.
No. 1733, § 3, 8-28-95; Ord. No. 1825, § 4, 3-10-97; Ord. No. 1850, § 2, 8-11-97; Ord. No. 1996, § 1, 3-13-00; Ord. No. 2061, § 3, 5-15-01; Ord. No. 2219, §
2(d), 9-9-02; Ord. No. 2349, § 1, 1-9-06; Ord. No. 2487, § 1, 11-10-08)
Sec. 14-481. - Schedule VI: Parking prohibited.
Ordinance
ௐ332
Location
Eastern paved portion at Harwood Road between Manchester Road to and including the bridge crossing over
Brookbend Drive
400,616
On the paved portion of Bopp Road between Manchester Road and the northern limits of the city at any time of the
day or night
400,616
On the paved portion of Manchester Road between the eastern and western limits of the city at any time of the day or
night
400,616
On the paved portion of Ballas Road between the northern and southern limits of the city at any time of the day or
night
400,616
On the eastern paved portion of Harwood Road between its intersection with Manchester Road northwardly and
eastwardly to and including the bridge crossing over to Brookbend Drive
ௐ708
On the east side of Lindemann Road, from the south curbline of Manchester Road south to the south boundary line of
the city
ௐ832
On the south side of Devonshire Avenue, from Lindemann Road easterly to the terminus of Devonshire Avenue
ௐ832
On the south side of Amherst Drive from Lindemann Road easterly to Tallie Drive
ௐ832
On the south side of Grant Place from Lindemann Road easterly to Tallie Drive
ௐ832
On the east side of Windemere Avenue from Devonshire Avenue southerly to Lillian Avenue
1118
On the north side of Paradise Lane, from the west line of Bopp Road for a distance of one hundred sixteen (116) feet
1118
On both sides of Paradise Lane between the hours of 1:00 a.m. and 6:00 a.m.
1125
On both side of Grupp Avenue, from the south curbline of Manchester Road, south for a distance of four hundred (400)
feet
1125
On the west side of Twin Pines Drive, from the south curbline of Manchester Road, south for a distance of three
hundred (300) feet
1125
On the east side of Twin Pines Drive, from the south curbline of Manchester Road, south for a distance of one hundred
fifty (150) feet
1125
On the south side of Academy Avenue, from Twin Pines Drive to Kinstern Drive
1136
On both sides of Topping Lane, from the south curbline of Manchester Road, for a distance of three hundred (300) feet
1178
Whitehorse Lane, both sides, no parking 2:00 a.m.—6:00 a.m.
1178
Whitehorse Court, both sides, no parking 2:00 a.m.—6:00 a.m.
1178
Huntercreek Court, both sides, no parking 2:00 a.m.—6:00 a.m.
1178
Huntercreek Road, both sides, no parking 2:00 a.m.—6:00 a.m. (from Des Peres Road to the western boundary of
Dougherty Woods Subdivision)
1180
On the west side of Tallie Drive from the south curbline of Manchester Road to the north curbline of Manhattan
Avenue
1278
On the west side of Tallie Drive from the centerline of the right-of-way of Amherst Drive, a distance of fifty (50) feet
1502
On both sides of Barrett Parkway North
1515
On the paved portion of Sweet Drive between Grupp Road and Blase Avenue
1515
On the paved portion of Blase Avenue from its intersection with Manchester Road to a point twenty (20) feet south of
Sweet Drive
1553
On the east side of Meier Lane from the north curb line of Manchester Road north to the terminus of Meier Lane
1559
On the paved portion of Dougherty Ferry Road from Ballas Road to the western city limits line
1559
On the paved portion of Old Dougherty Ferry Road from Dougherty Ferry Road to the western city limits line
1565
On both sides of Greenbriar Estates Drive from a point two hundred fifty (250) feet east and ending at a point one
thousand (1,000) feet east of its intersection with Wickerton Court between the hours of 10:00 p.m. and 6:00 a.m.
1668
On the east side of Kinstern Drive from its intersection with Manchester Road to its intersection with Alhambra Drive
1680
On both sides of Des Peres Park Drive from its intersection with Manchester Road, a distance of two hundred (200) feet
1680
On both sides of Des Peres Park Drive from its intersection with Ballas Road, a distance of three hundred (300) feet
1680
On the western and southern sides of Des Peres Park Drive in their entirety except in areas which have been
designated for parking with appropriate striping
1698
Sateen Drive, on the east side from its intersection with Manchester Road north to its terminus
1902
On both sides of Apple Hill Lane from Ballas Road to Kassieview Drive
1902
On the south side of Apple Hill Lane from Kassieview Drive to Tree Top Lane
1960
Lockett Road, both sides, from its intersection with Manchester Road north a distance of three hundred (300) feet
north
2002A
On the west side of Blase Avenue south from its intersection with Sweet Drive
2066
Ballas Pond Drive from Ballas Road to Ballas Pond Court
2219
West County Center Drive, both sides, Manchester Raod to I-270
2234
Movie Drive, both sides of the street between Des Peres Road and Sateen Drive
2247
Grupp Road, the west side of the street between Sweet Drive and Ridgetree
Barrett Height Drive, on the terminus of the t-shaped cul-de-sac
Kenroyal Drive, on the terminus of the t-shaped cul-de-sac
2350
Parking on Lindemann Road shall be prohibited along the west side of Lindemann Road from Manchester to the
intersection of Albambra Avenue
2556
On both sides of Sarala Drive a distance of one hundred fifty (150) feet south of its intersection with Manchester Road.
2606
Tallie Road—west side, within seventy-five (75) feet of intersection with Lillian; and on the east side, within seventy-five
(75) [feet] of intersection with Lillian
2618
South side (even numbered homes) from 12922 Whitehorse Lane to Huntercreek Road.
2625
Tallie Drive, both sides from Manchester Road south to a point twenty (20) feet south of Manhattan Avenue
Lindemann Road both sides from Manchester Road south to a point twenty (20) feet south of Manhattan Place
2631
On the southern and western side of Des Peres Park Drive from the front of City Hall to Ballas Road.
2633
In the cul-de-sac on Manhattan Avenue.
2639
Greenbriar Ridge Drive, both sides of the street from its intersection with Old Dougherty Ferry Road a distance of one
hundred fifty (150) feet
2644
Sarala Drive, no parking any time, both sides of the street from Manchester Road South a distance of one hundred
(100) feet
Sarala Drive, no parking between the hours of 6:00 a.m. and 6:00 p.m. Monday—Friday on both sides of the street from
a point one hundred (100) feet south of Manchester Road to a point three hundred seventy-five (375) feet south of
Manchester Road
(Ord. No. 1502, § 2(f), 11-12-91; Ord. No. 1515, § 2, 1-27-92; Ord. No. 1553, § 1, 6-22-92; Ord. No. 1559, § 2(d), 7-27-92; Ord. No. 1565, § 1, 9-14-92; Ord. No.
1668, § 1, 7-11-94; Ord. No. 1680, § 1, 8-22-94; Ord. No. 1698, § 1, 12-12-94; Ord. No. 1740, § 1, 9-11-95; Ord. No. 1742, § 1, 9-25-95; Ord. No. 1902, § 1, 622-98; Ord. No. 1960, § 1, 5-24-99; Ord. No. 2002A, § 1, 5-8-00; Ord. No. 2066, § 1, 7-24-01; Ord. No. 2219, § 2(e), 9-9-02; Ord. No. 2234, § 2, 1-10-03; Ord.
No. 2247, § 2, 9-8-03; Ord. No. 2350, § 1, 1-9-06; Ord. No. 2487, § 1, 11-10-08; Ord. No. 2556, § 1, 10-25-10; Ord. No. 2606, § 1, 1-23-12; Ord. No. 2625, § 1C,
6-25-12; Ord. No. 2631, § 1, 8-27-12; Ord. No. 2633, § 1, 9-10-12; Ord. No. 2639, § 1, 11-13-12; Ord. No. 2644, § 3, 11-13-12; Ord. No. 2618, § 1, 4-9-12)
Sec. 14-482. - Schedule VIA: Residential traffic zones.
Ordinance
Location
1124
Academy Drive, on the north side from the west curbline of Kinstern west for a distance of one hundred fifty (150) feet
1124
Kinstern Drive, both sides from a point seventy-five (75) feet of the south curbline of Manchester Road, south to
Alhambra Avenue
1124
Twin Pines Drive, both sides from Academy Drive to Alhambra Avenue
1136
Topping Lane, both sides from a point three hundred (300) feet from the south curbline of Manchester Road to a point
eight hundred (800) feet from the south curbline of Manchester Road
1517
Blase Avenue, on the western side from a point two hundred (200) feet south of its intersection with Manchester Road
to a point twenty (20) feet north of its intersection with Sweet Drive
1608
Nana Lane, entire length along both sides of the street from Manchester Road to and including the cul-de-sac
1740
Sateen Drive, west side a distance of one hundred fifty (150) feet north of the terminus of Sateen Drive as vacated
Sec. 14-483. - Schedule VII: U-turns prohibited.
Ordinance
Location
ௐ716
Eastbound Manchester Road at entrance to city park
ௐ716
Manchester Road and Ballas Road
ௐ716
Northbound Ballas Road at St. Paul's School
ௐ716
Southbound Ballas Road at Des Peres Public Safety Department entrance
ௐ716
Manchester Road at West County entrance
ௐ716
Manchester Road at Interstate 270, both intersections
ௐ716
Manchester Road at Des Peres Road
2487
Manchester Road at Barrett Station Road
(Ord. No. 1502, § 2(g), 11-12-91; Ord. No. 2487, § 1, 11-10-08)
Sec. 14-484. - Schedule VIII: Weight limits and prohibition of commercial thru traffic.
(a) Weight limits on bridges.
Bridge Located on
Weight Limit
Fawnvalley
16 tons
Oak
10 tons
Claychester
16 tons
(b)
Commercial through traffic prohibited.
Amherst
From Lindemann to Tallie
Bopp Road
From Manchester Road north to Des Peres City Limits
Creekhaven
From Ballas Road east to Candelwick and west on Berkeley
Manor Drive or Point Oak Road to Bopp Road
Des Peres Road
From Old Des Peres Road to Dougherty Ferry Road
Devonshire
Fairoyal Drive
From Barrett Station Road to Centeroyal Road
Grant
Huntercreek Road
From Des Peres Road to Barrett Station Road
Ironstone Road
From Ballas Road east to Point Oak Road to Bopp Road
Lindemann Road
From Manchester Road south to Des Peres City Limits
Lillian
Lockett Avenue
From Manchester Road south to Des Peres City Limits
Tallie
From Manhattan Avenue to Lillian to Lindemann Road
Sarala Drive and Grandview Heights
Between Manchester Road and Des Peres Road
(Ord. No. 1486, § 1, 7-8-91; Ord. No. 1559, § 2(e), 7-27-92; Ord. No. 1949, § 1, 2-22-99; Ord. No. 2083, § 1, 10-22-01; Ord. No. 2487, § 1, 11-10-08; Ord. No.
2540, § 2, 6-14-10; Ord. No. 2625, § 1D, 6-25-12; Ord. No. 2644, § 4, 11-13-12; Ord. No. 2683, § 1, 1-27-14)
Sec. 14-485. - Schedule IX: Center left turn only lanes.
Ordinance
Location
1651
Manchester Road (east city limits to Topping Lane)
1651
Dougherty Ferry Road (to the end of the western city limits)
(Ord. No. 1651, § 1, 5-9-94)
Sec. 14-486. - Schedule X: Right turns prohibited.
Ordinance
Location
2487
Manchester Road onto eastbound Manchester from Des Peres Pointe Drive
Manchester Road onto eastbound Manchester from Westmark Drive
Manchester Road onto westbound Manchester from Des Peres Pointe Drive
Manchester Road onto westbound Manchester from Westmark Drive
(Ord. No. 2487, § 1, 11-10-08)
Sec. 14-487. - Schedule XI: Divided Highways and one-way streets.
Ordinance
Location
2061
Manchester Road from Barrett Station Road to Ballas Road
2644
Sarala Drive, the access driveway for the commercial building at 12990 Manchester Road shall be designated as an
entrance only.
(Ord. No. 2061, § 1, 5-14-01; Ord. No. 2644, § 1, 11-13-12)
Chapter 15 - MUNICIPAL COURT[1]
Sec. 15-1. - Established.
Pursuant to the option granted in chapter 479 of the Revised Statutes of Missouri, there is hereby established in this city a municipal court, to be
known as the "Des Peres Municipal Court, a division of the Twenty-first Judicial Circuit Court of the State of Missouri." This court is a continuation of the
police court of the city as previously established, and is termed herein the "Municipal Court."
Sec. 15-2. - Jurisdiction.
The jurisdiction of the municipal court shall extend to all cases involving alleged violations of the ordinances of the city.
Sec. 15-3. - Superintending authority.
The municipal court of the city shall be subject to the rules of the circuit court of which it is a part, and to the rules of the state supreme court. The
municipal court shall be subject to the general administrative authority of the presiding judge of the circuit court, and the judge and the court personnel
of such court shall obey his/her directives.
Sec. 15-4. - Clerk.
The city administrator shall designate a suitable and qualified person to serve as the clerk of the municipal court. The duties of the clerk shall be as
follows:
(1)
To collect such fines for violations of such offenses as may be described, and the court costs thereof.
(2)
To take oaths and affirmations.
(3)
To accept signed complaints, and allow the same to be signed and sworn to or affirmed before him/her.
(4)
To sign and issue subpoenas requiring the attendance of witnesses and sign and issue subpoenas duces tecum.
(5)
To accept the appearance, waiver of trial and plea of guilty and payment of fine and costs in traffic violation bureau cases or as directed by the
municipal judge and perform all other duties as provided by chapter 300 of the Revised Statutes of Missouri.
(6)
To perform all other duties as provided for by ordinance, by rules of practice and procedure adopted by the municipal judge and by the Missouri
Rules of Practice and Procedure in Municipal and Traffic Courts and by statute.
(7)
To maintain, properly certified by the city clerk, a complete copy of the ordinances of the city which shall constitute prima facie evidence of such
ordinances before the court and, further, maintain a similar certified copy on file with the clerk serving the circuit court of this county.
(Ord. No. 2684, § 1(A), 2-10-14)
State Law reference— Municipality to provide, by ordinance, for clerk, RSMo. § 479.060(1).
Sec. 15-5. - Marshal [Director of public safety].
The director of public safety or his/her designee shall serve as director of public safety of the municipal court and shall enforce its orders,
judgements and decrees.
(Ord. No. 2684, § 1(B), 2-10-14)
Sec. 15-6. - Continuances.
All applications for continuance shall be made at the opening of the court on the day on which the case is set for trial, or when it is called for trial, and
at no other time, unless by leave of the court, and all motions for dismissal on account of informality or illegality in the papers or proceedings, and all
other motions, not necessarily arising during the trial must be made and filed in writing and argued when the case is called for trial and at no other time.
Sec. 15-7. - Violations bureau.
Should the municipal judge determine that there shall be a violations bureau for animal control, housing, and traffic violations, the city shall provide
all expenses incident to the operation of the same. The court clerk is hereby designated as the clerk for such bureau, if established.
(Ord. No. 1992, § 1, 2-28-00)
Sec. 15-8. - Sessions.
The municipal judge shall prescribe the time and place for regular session of the municipal court. Provided, however, the court shall be scheduled to
meet no less often than once per month.
(Ord. No. 2684, § 1(C), 2-10-14)
Sec. 15-9. - Procedure.
All decisions of the municipal judge and all matters before the municipal court shall be governed by the procedural and substantive law of the
Revised Statutes of Missouri, Supreme Court Rule 37, the ordinances of the city and case law applicable to Missouri courts.
Sec. 15-10. - Issuance and execution of warrants.
All warrants issued by a municipal judge shall be directed to the director of public safety, a public safety or any other police officer of the municipality
or to the sheriff of the county. The warrant shall be executed by the director of public safety, a public safety officer or sheriff any place within the limits of
the county and not elsewhere unless the warrants are endorsed in the manner provided for warrants in criminal cases, and, when so endorsed, shall be
served in other counties, as provided for in warrants in criminal cases.
Sec. 15-11. - List of persons in custody to be furnished court; trial.
It shall be the duty of the director of public safety to furnish to the court at the opening thereof at each session a statement showing the names of all
persons arrested since the last session, the offense with which they are charged, and the name of the officer who made the arrest, and such further
information as may be necessary, and all persons in custody shall be forthwith tried, if ready for trial. All other persons shall be tried in the order of which
their names appear on the docket.
Sec. 15-12. - Bail.
Any person arrested for violation of any ordinance may be admitted to bail by executing a bond to the city, with sufficient security to be approved by
the municipal judge in a sum not more than five hundred dollars ($500.00), conditioned that such person will appear on the day therein stated before the
municipal court to answer to the charge against him, and all bonds so taken shall forthwith be filed with the municipal judge or the clerk of the court by
the officer approving and taking the same, and whenever any person shall be arrested and brought before the municipal court, and for any cause the trial
is postponed to a time certain, such person shall be required to enter into a recognizance with security, to be approved by the court, at the time and
place appointed then and there to answer the complaint alleged against him/her. If any person arrested or brought before the court shall fail or refuse to
enter into recognizance, he/she shall be committed to jail and held to answer the information filed against him/her.
Sec. 15-13. - Arrests without warrants.
The director of public safety or other police officer of the city may, without a warrant, make arrest of any person who commits an offense in his/her
presence, but such officer shall, before the trial, file a written complaint with the judge hearing violations of municipal ordinances.
Sec. 15-14. - Jury trials.
Any person charged with a violation of an ordinance of this city shall be entitled to a trial by jury, as in prosecutions for misdemeanors before an
associate circuit judge. Whenever a defendant accused of a violation of a municipal ordinance demands trial by jury, the municipal court shall certify the
case to the presiding judge of the circuit court for reassignment, as provided in section 517.520(2) of the Revised Statutes of Missouri.
Sec. 15-15. - Duties of city's prosecuting attorney.
It shall be the duty of an attorney designated by the municipality to prosecute the violations of the city's ordinances before the municipal judge or
before any circuit judge hearing violations of the city's ordinances. The salary or fees of the attorney and his/her necessary expenses incurred in such
prosecutions shall be paid by the city. The compensation of such attorney shall not be contingent upon the result in any case.
Sec. 15-16. - Summoning of witnesses.
(a) It shall be the duty of the municipal judge to summon all persons whose testimony may be deemed essential as witnesses at the trial, and to enforce
their attendance by attachment, if necessary. The fees of witnesses shall be the same as those fixed for witnesses in trials before associate circuit
judges and shall be taxed as other costs in the case. When a trial shall be continued by a municipal judge it shall not be necessary to summon any
witnesses who may be present at the continuance; but the municipal judge shall orally notify such witnesses as either party may require to attend
before him/her on the day set for trial to testify in the case, and enter the names of such witnesses on his/her docket, which oral notice shall be valid
as a summons.
(b)
Officers shall attend as witnesses against persons whom they have arrested without summons, and if they fail to appear at the time of the trial they
may be attached and punished for contempt in like manner as witnesses summoned.
Sec. 15-17. - Use of depositions.
Depositions taken in conformity with the laws of the state may be read in evidence in any case pending in the municipal court when the witness is
dead, or is unable because of sickness or infirmity or absence from the city to be present at the trial.
Sec. 15-18. - Transfer of complaint to associate circuit judge.
If, in the progress of any trial before a municipal judge, it shall appear to the judge that the accused ought to be put upon trial for an offense against
the criminal laws of the state and not cognizable before him/her as municipal judge, he/she shall immediately stop all further proceedings before him/her
as municipal judge and cause the complaint to be made before some associate circuit judge within the county.
Sec. 15-19. - Judgment.
If the defendant pleads or is found guilty, the municipal judge shall declare and assess the punishment prescribed by ordinance according to his/her
finding, and render a judgment accordingly.
Sec. 15-20. - Jailing of defendants.
If, in the opinion of the municipal judge, the city has no suitable and safe place of confinement, the municipal judge may commit the defendant to the
county jail, and it shall be the duty of the director of justice services, if space for the prisoner is available in the county jail, upon receipt of a warrant of
commitment from the judge, to receive and safely keep such prisoner until discharged by due process of law. The municipality shall pay the board of such
prisoner at the same rate as may now or hereafter be allowed to such director of justice services for the keeping of such prisoner in his/her custody. The
same shall be taxed as costs.
Sec. 15-21. - Parole and probation.
Any judge hearing violations of municipal ordinances may, when in his/her judgment it may seem advisable, grant a parole or probation to any
person who shall plead guilty or who shall be convicted after a trial before such judge.
Sec. 15-22. - Right of appeal.
In all cases tried before the municipal court, except where there has been a plea of guilty, the defendant shall have a right to trial de novo, before a
circuit judge or on assignment before an associate circuit judge. An application for a trial de novo shall be filed within ten (10) days after judgment and
shall be filed in such form and perfected in such manner as provided by supreme court rules and the rules of the Twenty-first Judicial Circuit.
Sec. 15-23. - Breach of recognizance.
In the case of a breach of any recognizance entered into before a municipal judge or an associate circuit judge hearing a municipal ordinance
violation case, the same shall be deemed forfeited and the judge shall cause the same to be prosecuted against the principal and surety, or either of
them, in the name of the municipality as plaintiff. Such action shall be prosecuted before a circuit judge or associate circuit judge, and in the event of
cases caused to be prosecuted by a municipal judge, such shall be on the transcript of the proceedings before the municipal judge. All monies recovered
in such actions shall be paid over to the municipal treasury to the general revenue fund of the municipality.
Sec. 15-24. - Court costs—Generally.
(a) The following words and phrases, as used in this chapter, shall have the following respective meanings:
Court costs. The total of fees, miscellaneous charges and surcharges, imposed in a particular case.
Fees. The amount charged for services to be performed by the municipal court.
Miscellaneous charges. The amount allowed by law for services provided by individuals of entities other than the municipal court.
Surcharges. Additional charges allowed by law which are allowed for specific purposes designated by law.
(b)
In addition to any fines assessed, there shall be collected from every defendant who pleads guilty or is found guilty, in any proceedings brought
before the municipal judge of the city for violation of any of the ordinances of the city, a fee in the sum of twelve dollars ($12.00) per case.
In addition to any other fines or court costs authorized by law, the court clerk shall collect a fee for service of each "FAILURE TO APPEAR" notice which
may be ordered by the court, which fee shall be five dollars ($5.00) for each notice served. The content of any notice to appear and the method by which
such notice shall be served shall be designated by the court from time to time. The party whose failure to attend court required service of such notice
shall be liable for the payment of the fee specified herein; provided, however, that the payment of such fee may be waived by the court for good cause
shown.
(c)
The fee provided in subsection (b) herein shall be charged in full of all costs permitted by law for docketing of the complaint, hearing arraignment,
calling and swearing of witnesses and entry of judgment in satisfaction thereof, services of the arresting officer in issuing the summons and
attending court, services of the attorney for the city in prosecuting the case and services of the municipal judge in sitting, hearing and determining
such case.
(d)
In addition to the fee provided in subsection (b) herein, there shall be taxed as and collected as costs, all sums allowed by the statutes of the state, to
magistrate and constables in this county and comparable counties for issuance and service of warrants, subpoenas or other process, incarceration
of defendant pending trial, entering, recording and allowing appeal, approving appeal bond or supersedeas bond, docketing case in circuit court on
appeal, summoning jury, impaneling jury, jury fees; provided, however, that nothing herein contained shall be construed as obligating the municipal
judge to summon or impanel a jury in any case, and for all other court costs for services rendered by the city or any of its officers, agents, or
employees other than those usually involved in the hearing and determining of simple traffic cases or similar proceedings.
(e)
In addition to any other fines or court costs provided in this Code of Ordinances pertaining to cases filed in the Des Peres Municipal Division, a
surcharge in the sum of three dollars ($3.00) shall be assessed in each proceeding filed in the Des Peres Municipal Division for the violation of the
ordinances of said city, provided that no such surcharge shall be collected in any proceeding when the proceeding or the defendant has been
dismissed by the court. All sums collected pursuant to this subsection shall be distributed as follows:
(1)
Two dollars ($2.00) of each such surcharge shall be transmitted monthly to the treasurer of the city and used to pay for police officer training as
provided by section 590.100 to 590.180 RSMo. The city shall not retain for training purposes more than one thousand five hundred dollars
($1,500.00) of such funds for each certified law enforcement officer or candidate for certification employed by the city. Any excess funds shall be
transmitted quarterly to the city's general fund.
(2)
One dollar ($1.00) of each such surcharge shall be sent to the state treasury to the credit of the peace officers standards and training
commission fund created by section 590.178 RSMo.
(f)
In addition to any other fines or court costs provided by law to be paid by a defendant in the Des Peres Municipal Division, the municipal judge shall
assess, and the court clerk shall collect, the costs of medical care provided to the defendant while confined by or on behalf of the city as provided in
section 2-249 of this Code.
(g)
In addition to any other fines or court costs provided in this Code pertaining to cases filed in the Des Peres Municipal Division, an additional sum of
seven dollars and fifty cents ($7.50) shall be assessed as a surcharge in each proceeding filed in the Des Peres Municipal Division for the violation of
the ordinances of said city, provided that no such fee shall be collected in any proceeding when the proceeding or the defendant has been dismissed
by the court. All sums collected pursuant to this subsection shall be distributed as follows:
(1)
Ninety-five (95) percent of such sums shall be paid to the director of revenue of the State of Missouri for deposit to the crime victims
compensation fund as provided in section 595.045 RSMo.
(2)
Five (5) percent of such sums shall be paid to the city treasury.
(h)
In addition to any other fines or court costs provided in this Code pertaining to criminal cases filed in the Des Peres Municipal Division, an additional
surcharge in the sum of two dollars ($2.00) shall be assessed in each case filed in the Des Peres Municipal Division for the violation of ordinances of
the city. No surcharge shall be collected in any proceeding when the proceeding or defendant has been dismissed by the court or when costs are to
be paid by the city. All sums collected pursuant to this subsection shall be distributed on a monthly basis to St. Louis County to be used only for the
purpose of providing operating expenses for shelters for battered persons as provided in section 479.261 RSMo.
(i)
In addition to any other fines or costs provided in this Code pertaining to cases filed in the Des Peres Municipal Division, an additional sum of two
($2.00) dollars and no cents shall be imposed in conjunction with all cases for violation of municipal ordinances.
No such charge shall be collected in any proceedings when the proceeding or defendant has been dismissed by the court.
Such funds collected under this section shall be deposited in the "Inmate Security Fund" and such funds may be utilized to install and maintain a
biometric verification system and to pay for any expenses relating to custody and housing and other expenses for prisoners.
The director of public safety shall report annually to the board of aldermen on the funds collected under this provisions and the purpose for which
those funds were used.
10-24-94; Ord. No. 1749, § 1, 10-9-95; Ord. No. 1813, § 1, 12-9-96; Ord. No. 1985, § 1, 12-13-99; Ord. No. 2075, § 1, 8-27-01; Ord. No. 2078, § 1, 9-24-01;
Ord. No. 2220, §§ 1, 2, 10-14-02; Ord. No. 2408, § 1, 6-11-07)
Sec. 15-25. - Same—Assessment against prosecuting witness.
The costs of any action may be assessed against the prosecuting witness and judgment may be rendered against him/her that he/she pay the same
and stand committed until paid in any case where it appears to the satisfaction of the municipal judge that the prosecution was commenced without
probable cause and from malicious motives.
Sec. 15-26. - Installment payment of fine.
When a fine is assessed for violating an ordinance, it shall be within the discretion of the judge assessing the fine to provide for payment of a fine on
an installment basis under such terms and conditions as he/she may deem appropriate.
Sec. 15-27. - Procedures when defendant fails to appear; section not to affect judge's contempt power.
(a) Any person who has promised to appear, or who has been notified or directed to appear, before the court of the Twenty-first Judicial Circuit,
municipal division, of the city, by either a summons, bail, recognizance, bond or other legal notice shall appear at the time and date so specified in
such document or notice.
(b)
Any person who fails to appear in court pursuant to his/her promise or legal direction or notice to do so as required by subsection (a) of this section
shall be guilty of violating this section and, upon conviction thereof, the violator shall be punished as provided in section 1-10 of this Code, regardless
of the disposition of the charge for which he/she was originally arrested.
(c)
Nothing contained in this section shall prevent the exercise by the judge of his/her power to lawfully punish for contempt of court.
Sec. 15-28. - Administrative search warrants.
(a) Search warrant defined—Who may issue, execute.
(1)
An administrative search warrant is a written order of the municipal judge commanding the search or inspection of any property, place or thing,
and the seizure, photographing, copying or recording of property or physical conditions found thereon or therein, to determine or prove the
existence of violations of any ordinance or code section of the city relating to the use, condition or occupancy of property or structures located
within the city, or to enforce the provisions of any such ordinance or code section.
(2)
The municipal judge having original and exclusive jurisdiction to determine violations against the ordinances of the municipality may issue an
administrative search warrant when:
(3)
(b)
The property or place to be searched or inspected or the thing to be seized is located within the city at the time of the making of the
application; and
b.
The owner or occupant of the property or place to be searched or inspected or the thing to be seized has refused to allow same after official
request by the city.
Any such warrant shall be directed to the chief of police or any other police officer of the city and shall be executed by the chief of police or said
police officer within the city limits and not elsewhere.
Who may apply for warrant—Contents of application.
(1)
Any police officer or an attorney of the city may make application to the municipal judge for the issuance of an administrative search warrant.
(2)
The application shall:
(3)
(c)
a.
a.
Be in writing;
b.
State the time and date of the making of the application;
c.
Identify the property or places to be entered, searched, inspected or seized in sufficient detail and particularity that the officer executing the
warrant can readily ascertain it;
d.
State that the owner or occupant of the property or places to be entered, searched, inspected or seized has been requested by the city to
allow such action and has refused to allow such action;
e.
State facts sufficient to show probable cause for the issuance of a search warrant, as provided in subsection (c)(1) hereof, to:
1.
Search or inspect for violations of an ordinance or code section specified in the application; or
2.
Show that entry or seizure is authorized and necessary to enforce an ordinance or code section specified in the application and that any
required due process has been afforded prior to the entry or seizure;
f.
Be verified by the oath or affirmation of the applicant; and
g.
Be signed by the applicant and filed in the municipal court.
The application may be supplemented by a written affidavit verified by oath or affirmation. Such affidavit shall be considered in determining
whether there is probable cause for the issuance of a search warrant and in filling out any deficiencies in the description of the property or place
to be searched or inspected. Oral testimony shall not be considered.
Hearing and procedure—Contents of Warrant—Execution and return.
(1)
(2)
(3)
Hearing and procedure.
a.
The municipal judge shall hold a non-adversary hearing to determine whether probable cause exists to inspect or search for violations of
any city ordinance or code section, or to enforce any such ordinance or code section.
b.
In doing so the municipal judge shall determine whether the action to be taken by the city is reasonable in light of the facts stated. The
municipal judge shall consider the goals of the ordinance or code section sought to be enforced and such other factors as may be
appropriate, including but not limited to the physical condition of the specified property, the age and nature of the property, the condition of
the area in which the property is located, the known violation of any relevant city ordinance or code section and the passage of time since
the property's last inspection. The standard for issuing a warrant need not be limited to actual knowledge of an existing violation of a city
ordinance or code section.
c.
If it appears from the application and any supporting affidavit that there is probable cause to inspect or search for violations of any city
ordinance or code section, or to enforce any such ordinance or code section, a search warrant shall immediately be issued.
d.
The warrant shall issue in the form of an original and two (2) copies, and the application, any supporting affidavit and one copy of the
warrant as issued shall be retained in the records of the municipal court.
Contents of search warrant. The search warrant shall:
a.
Be in writing and in the name of the city;
b.
Be directed to any police officer in the city;
c.
State the time and date the warrant was issued;
d.
Identify the property or places to be searched, inspected or entered upon in sufficient detail and particularity that the officer executing the
warrant can readily ascertain it;
e.
Command that the described property or places be searched or entered upon, and that any evidence of any city ordinance violations found
therein or thereon, or any property seized pursuant thereto, or a description of such property seized, be returned, within ten (10) days after
filing of the application, to the municipal judge who issued the warrant, to be dealt with according to law;
f.
Be signed by the judge, with his title of office indicated.
Execution and return.
a.
A search warrant issued under this section shall be executed only by a city police officer, provided, however, that one or more designated
city officials may accompany the officer, and the warrant shall be executed in the following manner:
1.
The warrant shall be executed by conducting the search, inspection, entry or seizure as commanded and shall be executed as soon as
practicable and in a reasonable manner.
b.
(d)
2.
The officer shall give the owner or occupant of the property searched, inspected or entered upon a copy of the warrant.
3.
(i)
If any property is seized incident to the search, the officer shall give the person from whose possession it was taken, if the person is
present, an itemized receipt for the property taken. If no such person is present, the officer shall leave the receipt at the site of the
search in a conspicuous place.
(ii)
A copy of the itemized receipt of any property taken shall be delivered to an attorney for the city within two (2) working days of the
search.
(iii)
The disposition of property seized pursuant to a search warrant under this section shall be in accordance with an applicable city
ordinance or code section, but in the absence of same, then with section 542.301 RSMo.
4.
The officer may summon as many persons as he deems necessary to assist him in executing the warrant, and such persons shall not be
held liable as a result of any illegality of the search and seizure.
5.
An officer making a search pursuant to an invalid warrant, the invalidity of which is not apparent on its face, may use such force as he
would be justified in using if the warrant were valid.
6.
A search warrant shall expire if it is not executed and the required return made within ten (10) days after the date of the making of the
application.
1.
After execution of the search warrant, the warrant, with a return thereon signed by the officer making the search, shall be delivered to
the municipal court.
2.
The return shall show the date and manner of execution and the name of the possessor and of the owner, when not the same person, if
known, of the property or places searched or seized.
3.
The return shall be accompanied by any photographs, copies, or recordings made, and by any property seized, along with a copy of the
itemized receipt of such property required by this section; provided, however, that seized property may be disposed of as provided
herein, and in such a case a description of the property seized shall accompany the return.
4.
The court clerk, upon request, shall deliver a copy of the return to the possessor and the owner, when not the same person, of the
property searched or seized.
Warrant invalid, When. A search warrant shall be deemed invalid:
(1)
If it was not issued by the municipal judge;
(2)
If it was issued without a written application having been filed and verified;
(3)
If it was issued without sufficient probable cause in light of the goals of the ordinance to be enforced and such other factors as provided in
subsection (c)(1)b. hereof;
(4)
If it was not issued with respect to property or places in the city;
(5)
If it does not describe the property or places to be searched, inspected, entered upon or seized with sufficient certainty;
(6)
If it is not signed by the judge who issued it; or
(7)
If it was not executed and the required return made within ten (10) days after the date of the making of the application.
(Ord. No. 2023, § 1, 9-11-00)
ARTICLE II. - JUDGE
Sec. 15-41. - Election.
The municipal judge shall be elected in odd-numbered years for a term of two (2) years and until his/her successor is elected and qualified.
(Code 1980, § 125.030)
Sec. 15-42. - Vacation of office.
The municipal judge shall vacate his/her office under the following circumstances:
(1)
Upon removal from office by the state commission on the retirement, removal and discipline of judges, as provided in Missouri Supreme Court
Rule 12, or
(2)
Upon attaining his/her seventy-fifth birthday.
Sec. 15-43. - Qualifications.
No person shall be municipal judge unless he/she is at least twenty-one (21) years of age, a citizen of the United States and a resident of the city at
the time of and for at least one (1) year next preceding his/her election, and is a licensed attorney qualified to practice in this state. When two (2) or more
persons shall have an equal number of votes for the office of municipal judge, the board of aldermen shall determine the matter by majority vote.
(Code 1980, § 125.040)
Sec. 15-44. - Powers and duties generally.
The municipal judge shall be and is hereby authorized to:
(1)
Establish a traffic violations bureau as provided for in the Missouri Rules of Practice and Procedure in Municipal and Traffic Courts and Chapter
300 of the Revised Statutes of Missouri.
(2)
Administer oaths and enforce due obedience to all rules and judgments made by him/her, and fine and imprison for contempt committed
before him/her while holding court, in the same manner and to the same extent as a circuit judge.
(3)
Commute the term of any sentence, stay execution of any fine or sentence, suspend any fine or sentence, and make such other orders as the
municipal judge deems necessary relative to any matter that may be pending in the municipal court.
(4)
Make and adopt such rules of practice and procedure as are necessary to implement and carry out the provisions of this chapter, and to make
and adopt such rules of practice and procedure as are necessary to hear and decide matters pending before the municipal court and to
implement and carry out the provisions of the Missouri Rules of Practice and Procedure in Municipal and Traffic Courts.
(5)
Make use of a public or private probation program of the court's choice if such program or programs are available for the referral of defendants
for any of the following purposes: To conduct a presentence investigation and prepare a report thereof for the court; to enroll the defendant in a
counseling program or short-term educational program appropriate to the offense for which the defendant has been charged; to supervise
defendants placed on probation by the court; and for such other purposes as the municipal judge may direct. A report of a presentence
investigation shall not be submitted to the court or its contents disclosed to anyone unless the defendant has pleaded guilty or has been found
guilty. The report of a presentence investigation shall contain any prior record of the defendant and such information about his/her
characteristics, his/her financial condition, his/her social history, and the circumstances affecting his/her behavior as may be helpful in imposing
sentence or in recommending probation or in the correctional treatment of the defendant. The probation officer shall secure such other
information as may be required by the court, and whenever it is practicable and requested by the court, investigation may include a physical and
mental examination of the defendant by a licensed physician, psychiatrist, or psychologist.
(6)
The municipal judge shall have such other powers, duties, and privileges as are or may be prescribed by the laws of this state or other
ordinances of this city.
Sec. 15-45. - Monthly report.
The municipal judge shall cause to be prepared each month a report as required by the county circuit court rules.
Sec. 15-46. - Docket and court records.
The municipal judge shall be a conservator of the peace. He/she shall keep a docket in which he/she shall enter every case commenced before
him/her and the proceedings therein and he/she shall keep such other records as may be required. Such docket and records shall be records of the
circuit court of the county. The municipal judge shall deliver the docket and records of the municipal court, and all books and papers pertaining to his/her
office, to his/her successor in office or to the presiding judge of the circuit.
Sec. 15-47. - Disqualification from hearing particular case.
A municipal judge shall be disqualified to hear any case in which he/she is in anywise interested, or, if before the trial is commenced, the defendant
or the prosecutor files an affidavit that the defendant or the municipality, as the case may be, cannot have a fair and impartial trial by reason of the
interest or prejudice of the judge. Neither the defendant nor the municipality shall be entitled to file more than one (1) affidavit or disqualification in the
same case.
Sec. 15-48. - Appointment of provisional judge.
The mayor, with consent and approval of the majority of the members of the board of aldermen, may appoint a provisional municipal judge or
judges(s) to serve as municipal judge in the absence of the municipal judge from a scheduled court session or his/her disqualification from hearing a
particular case. The compensation to be paid to the provisional municipal judge shall be prescribed by ordinance.
(Ord. No. 2684, § 2, 2-10-14)
Chapter 16 - OFFENSES AND MISCELLANEOUS PROVISIONS[1]
Sec. 16-1. - Definitions generally.
In this chapter, unless the context requires a different definition, the following shall apply:
Affirmative defense. The phrase "affirmative defense" means:
(1)
The defense referred to is not submitted to the trier of fact unless supported by evidence; and
(2)
If the defense is submitted to the trier of fact the defendant has the burden of persuasion that the defense is more probably true than not.
Burden of injecting the issue. The phrase "The defendant shall have the burden of injecting the issue" means:
(1)
The issue referred to is not submitted to the trier of fact unless supported by evidence; and
(2)
If the issue is submitted to the trier of fact any reasonable doubt on the issue requires a finding for the defendant on that issue.
Confinement. A person is in "confinement" when he/she is held in a place of confinement pursuant to arrest or order of a court, and remains in
confinement until:
(1)
A court orders his/her release; or
(2)
He/she is released on bail, bond, or recognizance, personal or otherwise; or
(3)
A public servant having the legal power and duty to confine him/her authorizes his/her release without guard and without condition that he/she
return to confinement.
A person is not in confinement if:
(1)
He/she is on probation or parole, temporary or otherwise; or
(2)
He/she is under sentence to serve a term of confinement which is not continuous, or is serving a sentence under a work-release program, and in
either such case is not being held in a place of confinement or is not being held under guard by a person having the legal power and duty to
transport him/her to or from a place of confinement.
Consent. Consent or lack of consent may be expressed or implied. Assent does not constitute consent if:
(1)
It is given by a person who lacks the mental capacity to authorize the conduct charged to constitute the offense and such mental incapacity is
manifest or known to the actor; or
(2)
It is given by a person who by reason of youth, mental disease or defect, or intoxication, is manifestly unable or known by the actor to be unable
to make a reasonable judgment as to the nature or harmfulness of the conduct charged to constitute the offense; or
(3)
It is induced by force, duress or deception.
Criminal negligence. A person "acts with criminal negligence" or is criminally negligent when he fails to be aware of a substantial and unjustifiable risk
that circumstances exist or a result will follow, and such failure constitutes a gross deviation from the standard of care which a reasonable person would
exercise in the situation.
Custody. A person is in custody when he/she has been arrested but has not been delivered to a place of confinement.
Dangerous instrument. "Dangerous instrument" means any instrument, article or substance, which, under the circumstances in which it is used, is
readily capable of causing death or other serious physical injury.
Deadly weapon. "Deadly weapon" means any firearm, loaded or unloaded, or any weapon from which a shot, readily capable of producing death or
serious physical injury may be discharged, or a switchblade knife, dagger, billy, blackjack or metal knuckles.
Knowingly. A person "acts knowingly," or with knowledge,
(1)
With respect to his/her conduct or to attendant circumstances when he/she is aware of the nature of his/her conduct or that those
circumstances exist; or
(2)
With respect to a result of his conduct when he/she is aware that his/her conduct is practically certain to cause that result.
Law enforcement officer. "Law enforcement officer" means any public servant having both the power and duty to make arrests for violations of the
laws of this state.
Physical injury. "Physical injury" means physical pain, illness, or any impairment of physical condition.
Place of confinement. "Place of confinement" means any building or facility and the grounds thereof wherein a court is legally authorized to order that
a person charged with or convicted of a crime be held.
Public servant. "Public servant" means any person employed in any way by a government of this state who is compensated by the government by
reason of his/her employment. It includes, but is not limited to, legislators, jurors, members of the judiciary and law enforcement officers. It does not
include witnesses.
Purposely. A person "acts purposely," or with purpose, with respect to his/her conduct or to a result thereof when it is his/her conscious object to
engage in that conduct or to cause that result.
Recklessly. A person "acts recklessly" or is reckless when he/she consciously disregards a substantial and unjustifiable risk that circumstances exist or
that a result will follow, and such disregard constitutes a gross deviation from the standard care which a reasonable person would exercise in the
situation.
Serious physical injury. "Serious physical injury" means physical injury that creates a substantial risk of death or that causes serious permanent
disfigurement or protracted loss or impairment of the function of any bodily member or organ.
Voluntary act. A "voluntary act" is:
(1)
A bodily movement performed while conscious as a result of effort or determination; or
(2)
An omission to perform an act of which the actor is physically capable.
Possession is a voluntary act if the possessor knowingly procures or receives the thing possessed, or having acquired control of it was aware of his/her
control for a sufficient time to have enabled him/her to dispose of it or terminate his control.
State Law reference— Similar provisions, RSMo. §§ 556.051, 556.056, 556.061, 562.011, 562.016.
Sec. 16-2. - Sleeping in public places or on property of another without permission.
It shall be unlawful for any person to sleep in or on any street or other public place within the city, or upon any private property not his/her own nor
belonging to the person with whom he/she may live, and being unable to show the permission of the owner of such property.
(Code 1980, § 210.070)
Cross reference— Streets, sidewalks and public places, Ch. 18.
Sec. 16-3. - False reports.
(a) A person commits the offense of making a false report if he knowingly:
(1)
Gives false information to a law enforcement officer for the purpose of implicating another person in a crime; or
(2)
Makes a false report to a law enforcement officer that a crime has occurred or is about to occur; or
(3)
Makes a false report or causes a false report to be made to law enforcement officer, security officer, fire department or other organization,
official or volunteer, which deals with emergencies involving danger to life or property that a fire or other incident calling for an emergency
response has occurred.
It is a defense to a prosecution under this subsection (a) of this section that the actor retracted the false statement or report before the law enforcement
officer or any other person took substantial action in reliance thereon. The defendant shall have the burden of injecting the issue of retraction under this
subsection (a) of this section.
(b)
A person commits the crime of making a false bomb report if he knowingly makes a false report or causes a false report to be made to any person
that a bomb or other explosive has been placed in any public or private place or vehicle.
(Code 1980, § 210.080)
Sec. 16-4. - Cruising prohibited.
(a) No person shall engage in cruising, as herein defined, on any highway, roadway or alleyway within the city nor shall any person engage in cruising on
any driving aisle of a parking lot serving a commercial development that is posted "No Cruising."
(b)
Cruising is defined as the repetitive driving of any motor vehicle past the same location within a four-hour period when traffic is moving at a rate of
speed of less than twenty (20) miles per hour on any highway, roadway or alleyway within the city or less than ten (10) miles per hour on any driving
aisle of a parking lot serving a commercial development.
(c)
A police officer may issue a written warning to any person engaged in cruising, including the passenger(s) of the motor vehicle, stating that said
motor vehicle shall not return to that same location within a four-hour period. After a motor vehicle has been stopped for cruising and the operator
and passenger(s) have been warned not to cruise by returning to the same location within a four-hour period, if the motor vehicle is subsequently
stopped for cruising, the operator of the motor vehicle is presumed to have been in the motor vehicle when it was stopped the first time, and the
operator of the motor vehicle is subject to be ticketed for cruising.
(d)
Official emergency vehicles, taxicabs for hire and other commercial or passenger vehicles being driven for business purposes are exempted from the
provisions of this section.
(e)
A person who is convicted of a violation of this section shall be guilty of a misdemeanor and subject to a fine and/or imprisonment in accordance
with section 1-10 of this Code.
(Ord. No. 1598, § 1, 5-10-93)
ARTICLE II. - OFFENSES AGAINST THE ADMINISTRATION OF JUSTICE[2]
Sec. 16-21. - False impersonation.
(a) A person commits the offense of false impersonation if such person:
(1)
(2)
(3)
Falsely represents himself or herself to be a public servant with purpose to induce another to submit to his or her pretended official authority or
to rely upon his or her pretended official acts, and
a.
Performs an act in that pretended capacity; or
b.
Causes another to act in reliance upon his or her pretended official authority; or
Falsely represents himself or herself to be a person licensed to practice or engage in any profession (for which a license is required by the laws
of this state) with the intent to induce another to rely upon such representation, and
a.
Performs an act in that pretended capacity; or
b.
Causes another to act in reliance upon such representation; or
Upon being arrested, falsely represent himself or herself, to a law enforcement officer, with the first and last name, date of birth, or Social
Security number, or a substantial number of identifying factors or characteristics as that of another person that results in the filing of a report or
record of arrest or conviction for an infraction, misdemeanor, or felony that contains the first and last name, date of birth, and Social Security
number, or a substantial number of identifying factors or characteristics to that of such other person as to cause such other person to be
identified as the actual person arrested or convicted.
(b)
Any person convicted of committing an offense established by this section shall be subject to punishment by a fine not to exceed five hundred
dollars ($500.00), by imprisonment not to exceed ninety (90) days, or both, unless the person represents himself to be a law enforcement officer, in
which case any fine imposed shall not exceed one thousand dollars ($1,000.00).
(c)
If a violation of subdivision (a)(1) above is discovered prior to any conviction of the person actually arrested for an underlying charge, the prosecuting
attorney shall notify the court thereof, and the court shall order the arrest and court records of the underlying charge amended to correctly and
accurately identify the defendant and shall expunge the incorrect and inaccurate identifying factors from the arrest and court records.
(d)
If a violation of subdivision (a)(1) above is discovered after any conviction of the person actually arrested for an underlying charge, the prosecuting
attorney shall file a motion in the underlying case with the court to correct the arrest and court records after discovery of the fraud upon the court.
The court shall order the arrest and court records amended to correctly and accurately identify the defendant and shall expunge the incorrect and
inaccurate identifying factors from the arrest and court records.
(e)
Any person who is the victim of a false impersonation and whose identity has been falsely reported in arrest or conviction records may move for
expungement and correction of said records under the procedures set forth in sections 575.120 and 610.123, RSMo.
(Code 1980, § 210.130; Ord. No. 2287, § 2, 9-27-04)
Sec. 16-22. - Resisting or interfering with arrest.
(a)
A person commits the offense of resisting or interfering with arrest, detention, or stop if, knowing that a law enforcement officer is making an arrest,
or attempting to lawfully detain or stop an individual or vehicle, or the person reasonably should know that a law enforcement officer is making an
arrest or attempting to lawfully detain or lawfully stop an individual or vehicle, for the purpose of preventing the officer from effecting the arrest,
stop or detention, he/she:
(1)
Resists the arrest, stop or detention of himself/herself by using or threatening the use of violence or physical force or by fleeing from such
officer; or
(2)
Interferes with the arrest, stop or detention of another person by using or threatening the use of violence, physical force or physical
interference.
(b)
This section applies to arrests, stops or detentions with or without warrants and to arrests, stops or detentions for any crime, infraction or ordinance
violation.
(c)
A person is presumed to be fleeing a vehicle stop if that person continues to operate a motor vehicle after that person has seen or should have seen
clearly visible emergency lights or has heard or should have heard an audible signal emanating from the law enforcement vehicle pursuing that
person.
(d)
It is no defense to a prosecution under subsection (a) of this section that the law enforcement officer was acting unlawfully in making the arrest.
However, nothing in this section shall be construed to bar civil suits for unlawful arrest.
Note— Under certain circumstances this offense can be a felony under state law.
(Code 1980, § 210.130; Ord. No. 2235, § 1, 3-10-03)
State Law reference— Similar provisions, RSMo. § 575.150 (1)—(3).
Sec. 16-23. - Interference with legal process.
(a) A person commits the offense of interference with legal process if, knowing any person is authorized by law to serve process, for the purpose of
preventing such person from effecting the service of any process, he/she interferes with or obstructs such person.
(b)
"Process" includes any writ, summons, subpoena, warrant other than an arrest warrant, or other process or order of a court.
(Code 1980, § 210.130)
Sec. 16-24. - Escape from custody.
A person commits the offense of escape from custody if, while being held in custody after arrest for any crime, he/she escapes from custody.
(Code 1980, § 210.130)
Sec. 16-25. - Escape from confinement.
A person commits the offense of escape from confinement if, while being held in confinement after arrest for any crime or offense or while serving a
sentence after conviction for any crime or offense, he/she escapes from confinement.
(Code 1980, § 210.130)
Sec. 16-26. - Aiding escape of a prisoner.
A person commits the offense of aiding escape of a prisoner if he/she:
(1)
Introduces into any place of confinement any deadly weapon or dangerous instrument, or other thing adapted or designed for use in making an
escape, with the purpose of facilitating the escape of any prisoner confined therein, or of facilitating the commission of any other crime or
offense; or
(2)
Assists or attempts to assist any prisoner who is being held in custody or confinement for the purpose of effecting the prisoner's escape from
custody or confinement.
(Code 1980, § 210.130)
ARTICLE III. - OFFENSES AGAINST MORALS AND DECENCY
Sec. 16-41. - Sexual misconduct.
(a) The following terms shall have the following meanings when used in this section:
(1)
Deviate sexual intercourse means any act involving the genitals of one person and the mouth, tongue, or anus of another person or a sexual act
involving the penetration, however slight, of the male or female sex organ or the anus by a finger, instrument or object done for the purpose of
arousing or gratifying the sexual desire of any person;
(2)
Sexual conduct means sexual intercourse, deviate sexual intercourse or sexual contact;
(3)
Sexual contact means any touching of another person with the genitals or any touching of the genitals or anus of another person, or the breast of
a female person, for the purpose of arousing or gratifying sexual desire of any person;
(4)
Sexual intercourse means any penetration, however slight, of the female sex organ by the male sex organ, whether or not an emission results.
(5)
(b)
(c)
Nude or nudity means the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the
showing of the female breast with less than a full opaque covering of any part of the nipple or areola, of the showing of the covered male
genitals in a discernible turgid state.
A person who knowingly or intentionally, in a public place, to include, but not be limited to, indoor and outdoor entertainment establishments,
restaurants, theaters, bars, bookstores, and places of public accommodation where one or more other persons is present:
(1)
Engages in sexual intercourse;
(2)
Engages in deviate sexual intercourse;
(3)
Appears in a state of nudity;
(4)
Engages in sexual contact; or
(5)
Exposes his/her genitals under circumstances in which he/she knows such conduct is likely to cause affront or alarm commits the unlawful act of
public indecency and is subject to punishment pursuant to this Code.
Any person found guilty of violating subsections (b)(1), (2) or (3) of this section shall be punished by imprisonment for a period not to exceed ninety
(90) days or by a fine not to exceed five hundred dollars ($500.00) or by both such fine and imprisonment. Any person found guilty of violating
subsection (b)(4) of this section shall be punished by imprisonment for a period not to exceed thirty (30) days or by a fine not to exceed three
hundred dollars ($300.00) or by both such fine and imprisonment.
(Ord. No. 1866, § 1, 10-27-97; Ord. No. 2289, §§ 1, 2, 7-26-04)
Editor's note— Section 1 of Ord. No. 1866, adopted Oct. 27, 1997, repealed § 16-41 in its entirety and enacted new provisions as herein set out. Formerly,
such provisions pertained to indecent exposure derived from § 215.010(A) of the 1980 Code.
Sec. 16-42. - Window peeping.
No person shall look, peer, or peep into, or be found loitering, around or within view of any window of a private dwelling house not on his/her own
property.
(Code 1980, § 215.010)
Sec. 16-43. - Prostitution.
(a) Definitions. As used in this section, the following terms mean:
Patronizing prostitution. A person "patronizes prostitution" if:
(1)
Pursuant to a prior understanding, he/she gives something of value to another person as compensation for that person or a third person having
engaged in sexual conduct with him/her or with another; or
(2)
He/she gives or agrees to give something of value to another person on an understanding that in return therefor that person or a third person
will engage in sexual conduct with him/her or with another; or
(3)
He/she solicits or requests another person to engage in sexual conduct with him/her or with another, or to secure a third person to engage in
sexual conduct with him/her or with another, in return for something of value.
Promoting prostitution. A person "promotes prostitution" if, acting other than as a prostitute or a patron of a prostitute, he/she knowingly:
(1)
Causes or aids a person to commit or engage in prostitution; or
(2)
Procures or solicits patrons for prostitution; or
(3)
Provides persons or premises for prostitution purposes; or
(4)
Operates or assists in the operation of a house of prostitution or a prostitution enterprise; or
(5)
Accepts or receives or agrees to accept or receive something of value pursuant to an agreement or understanding with any person whereby
he/she participates or is to participate in proceeds of prostitution activity; or
(6)
Engages in any conduct designed to institute, aid or facilitate an act or enterprise of prostitution.
Prostitution: A person commits "prostitution" if he/she engages or offers or agrees to engage in sexual conduct with another person in return for
something of value to be received by the person or by a third person.
Sexual conduct "Sexual conduct" occurs when there is:
(1)
Sexual intercourse which means any penetration, however slight, of the female sex organ by the male sex organ, whether or not an emission
results; or
(2)
Deviate sexual intercourse which means any sexual act involving the genitals of one (1) person and the mouth, tongue or anus of another person;
or
(3)
Sexual contact which means any touching, manual or otherwise, of the anus or genitals of one (1) person by another, done for the purpose of
arousing or gratifying sexual desire of either party.
Something of value means any money or property, or any token, object or article exchangeable for money or property.
(b)
Prostitution. A person commits the offense of prostitution of he/she performs an act of prostitution.
(c)
Patronizing prostitution. A person commits the offense of patronizing prostitution if he/she patronizes prostitution.
(Code 1980, § 215.030)
State Law reference— Similar provisions, RSMo. §§ 567.010, 567.020, 567.030.
Sec. 16-44. - Invasion of privacy.
(a) As used in this section the following terms mean:
Full or partial nudity shall mean the showing of all or any part of the human genitals or pubic area or buttock; or any part of the nipple of the breast of
any female person, with less than a fully opaque covering;
Photographs or films shall mean the making of any photographs, motion picture film, videotape, or any other recording or transmission of the image
of a person;
Place where a person would have reasonable expectation of privacy shall mean any place where a reasonable person would believe that a person could
disrobe in privacy, without being concerned that the person's undressing was being viewed surreptitiously, photographed or filmed by another;
Views shall mean the looking upon of another person, with the unaided eye or with any device designed or intended to improve visual acuity, for the
purpose of arousing or gratifying the sexual desire of any person.
(b)
(c)
It shall be unlawful and a person shall commit the crime of invasion of privacy if such person:
(1)
Knowingly photographs or films another person, without the person's knowledge and consent, while the person being photographed or filmed is
in a state of full or partial nudity and is in a place where one would have a reasonable expectation of privacy, and the person subsequently
distributes the photograph or film to another or transmits the image contained in the photograph or film in a manner that allows access to that
image via a computer; or
(2)
Knowingly disseminates or permits the dissemination by any means, to another person, of a videotape, photograph, or film obtained in violation
of subdivision (1), (3) or (4) of this subsection; or
(3)
Knowingly views, photographs or films another person, without that person's knowledge and consent, while the person being viewed,
photographed or filmed is in a state of full or partial nudity and is in a place where one would have a reasonable expectation of privacy; or
(4)
Knowingly uses a concealed camcorder or photographic or digital camera of any type to secretly videotape, photograph, or record by electronic
means another person under or through the clothing worn by that other person for the purpose of viewing the body of or the undergarments
worn by that other person without that person's consent.
The provisions of subsection (2) of this section shall not apply to:
(1)
Viewing, photographing or filming by law enforcement officers during a lawful criminal investigation; or
(2)
Viewing, photographing or filming by law enforcement officers or by personnel of the department of corrections or of a local jail or correctional
facility for security purposes or during investigation of alleged misconduct by a person in the custody of the department of corrections or the
local jail or correctional facility.
(Ord. No. 2251, § 1, 9-22-03)
Sec. 16-45. - Public indecency.
It shall be unlawful for anyone to urinate or defecate in a public place other than in a designated restroom, or to expose one's genitals under
circumstances in which he or she knows that such conduct is likely to cause affront or alarm.
(Ord. No. 2278, § 1, 2-9-04)
DIVISION 2. - PORNOGRAPHY
As used in this division, the following terms shall have the meaning indicated in this section:
Furnish. To issue, sell, give, provide, lend, mail, deliver, transfer, circulate, disseminate, present, exhibit or otherwise provide.
Material. Anything printed or written, or any picture, drawing, photograph, motion picture film, or pictorial representation, or any statue or other
figure, or any recording or transcription, or any mechanical, chemical, or electrical reproduction, or anything which is or may be used as a means of
communication. "Material" includes undeveloped photographs, molds, printing plates and other latent representational objects.
Minor. Any person under the age of eighteen (18).
Nudity. The showing of post-pubertal human genitals or pubic area, with less than a fully opaque covering.
Performance. Any play, motion picture film, videotape, dance or exhibition performed before an audience.
Pornographic. Any material or performance is pornographic if, considered as a whole, applying contemporary community standards:
(1)
Its predominant appeal is to prurient interest in sex; and
(2)
It depicts or describes sexual conduct in a patently offensive way; and
(3)
It lacks serious literary, artistic, political or scientific value.
In determining whether any material or performance is pornographic, it shall be judged with reference to its impact upon ordinary adults.
Pornographic for minors. Any material or performance, except material which is not the visual reproduction of a live event, is pornographic for minors
if it is primarily devoted to description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse.
Promote. To manufacture, issue, sell, provide, mail, deliver, transfer, transmute, publish, distribute, circulate, disseminate, present, exhibit, or
advertise, or to offer or agree to do the same.
Sadomasochistic abuse. Flagellation or torture by or upon a person as an act of sexual stimulation or gratification.
Sexual conduct. Acts of human masturbation; deviate sexual intercourse; sexual intercourse; or physical contact with a person's clothed or unclothed
genitals, pubic area, buttocks, or the breast of a female in an act of apparent sexual stimulation or gratification.
Sexual excitement. The condition of human male or female genitals when in a state of sexual stimulation or arousal.
Sec. 16-57. - Furnishing pornographic materials to minors.
A person commits the offense of furnishing pornographic material to minors if, knowing its content and character, he/she:
(1)
Furnishes any material pornographic for minors, knowing that the person to whom it is furnished is a minor or acting in reckless disregard of the
likelihood that such person is a minor; or
(2)
Produces, presents, directs or participates in any performance pornographic for minors that is furnished to a minor knowing that any person
viewing such performance is a minor or acting in reckless disregard of the likelihood that a minor is viewing the performance.
(Code 1980, § 215.010(A))
Sec. 16-58. - Promoting pornography.
A person commits the offense of promoting pornography if, knowing its content and character, he:
(1)
Promotes or possesses with the purpose to promote any pornographic material for pecuniary gain; or
(2)
Produces, presents, directs or participates in any pornographic performance for pecuniary gain.
(Code 1980, § 215.010(A))
Sec. 16-59. - Lodging regulations.
(a) Registration under fictitious name. No person in the city shall write or cause to be written, or knowingly permit to be written, in any register in any
hotel, lodging place, rooming house, or other place whatsoever where transients are accommodated in the city, any other or different name or
designation that the true name of the person so registered therein, or the name by which such person is generally known.
(b)
Unlawful occupancy. Persons of the opposite sex, except husband and wife, or parent and minor child, shall not jointly and privately occupy any room
or rooms in any dwelling unit, apartment, lodging house, motel or any other place where transients are accommodated.
(c)
Multiple night rentals. No proprietor, manager, or other person in charge of any place where transients are accommodated for sleeping or lodging
purposes shall let any room more than once between the hours of 6:00 p.m. and 6:00 a.m. the next day, except to bona fide travelers with baggage.
(Code 1980, § 215.040(A)—(C))
Sec. 16-60. - Massage parlors; minors prohibited.
(a) As used in this section the following terms shall mean as follows:
(1)
Employee. Any person, other than a massage technician, masseur, or masseuse who renders any service to a patron in connection with the
operation of a massage parlor and who receives compensation directly or indirectly from the operation or owner of the massage parlor or its
patrons.
(2)
Massage. Any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the
structure of the human body or external parts of the human body with the human hand or with the aid of any instrument or mechanical or
electrical apparatus whether or not applied with such substances or supplementary aids as rubbing alcohol, liniment, antiseptics, oils, powders,
creams, lotions, ointments or other similar preparations or substances.
(3)
Massage parlor. Any establishment having a fixed place of business where massages are administered for a fee or where any person engages in
or carries on, or permits to be engaged in or carried on, any or all of the activities mentioned in the definition of "massage" for a fee; provided,
however, that nothing herein contained shall be construed to include a duly licensed hospital, nursing home, medical clinic, health, fitness or
recreation center which has exercise equipment and facilities separate form any massage service area, or duly licensed physician, surgeon,
physical therapist, chiropractor, osteopath, naturopath or podiatrist. Furthermore, this definition shall exclude from its operation barbershops,
beauty salons (i.e., duly licensed barbers or cosmetologists) or similar places of business in which massages are administered to a patron fully
clothed involving only the scalp, the face, the neck or the shoulders.
(b)
(4)
Massage technician, masseur, masseuse. Any person who for any consideration whatsoever administers a massage to another person at a
massage parlor.
(5)
Patron. Any person over eighteen (18) years of age who receives a massage at a massage parlor under such circumstances that it is reasonably
expected that he or she will pay money or give other consideration thereof.
No person shall permit any person under the age of eighteen (18) years to come or remain on the premises of any massage parlor as a massage
technician, masseur, masseuse or patron (as the term is defined herein).
(Ord. No. 2287, § 1, 2-23-04; Ord. No. 2292, § 1, 8-23-04)
ARTICLE IV. - OFFENSES AGAINST PUBLIC PEACE AND SAFETY
Sec. 16-76. - Curfew for minors.
(a) No minor under the age of seventeen (17) years shall loiter, idle, wander, stroll, operate or ride in or on a motor vehicle, or play in or upon the public
streets, parks, playgrounds, or other public grounds, public places and public buildings, places of amusement and entertainment, vacant lots or
other unsupervised places, between the hours of 11:00 p.m. and 5:00 a.m. of the following day, except on Fridays and Saturdays, when the hours
shall be 12:00 midnight to 5:00 a.m.; provided, however, that, the provisions of this section, shall not apply to a minor accompanied by his/her parent,
guardian, or other adult person having the care and custody of the minor, or where the minor is upon an emergency errand or legitimate business
directed by his/her parent, guardian or other adult person having the custody of the minor.
(b)
No parent, guardian, or other adult person having the care and custody of a minor under the age of seventeen (17) years shall knowingly permit
such minor to loiter, idle, wander, stroll, operate or ride in or on a motor vehicle, or play in or upon the public streets, parks, playgrounds, or other
public grounds, public places, and public buildings, places of amusement and entertainment, vacant lots or other unsupervised places, between the
hours of 11:00 p.m. and 5:00 a.m. of the following day, except on Fridays and Saturdays, when the hours shall be 12:00 midnight to 5:00 a.m.;
provided, however, that, the provisions of this section shall not apply to a minor accompanied by his/her parent, guardian, or other adult person
having the care and custody of the minor, or where the minor is upon an emergency errand or legitimate business

CODE OF ORDINANCES CITY OF DES PERES, MISSOURI

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