Note — Ordinance no. 5220, adopted September 8, 2011,
adopted a new policy concerning the "open meetings and records policy"
for the city. This policy is set out in ch. 160 of this code.
[R.O. 2008 §1-1]
This Code shall be known and may be cited as the "Code of Ordinances,
City of Creve Coeur, Missouri" or simply as "the Code of Ordinances"
or "the Code".
[R.O. 2008 §1-3; Ord. No. 4092 §1, 7-9-2007]
A.
CITY
CITY COUNCIL
CODE
COMPUTATION OF TIME
COUNTY
DAY
DAYTIME
GENDER
IN THE CITY
JOINT AUTHORITY
MISDEMEANOR
MONTH
NIGHTTIME
NUMBER
OATH
OFFICERS, DEPARTMENTS, ETC.
OFFICIAL TIME
OR, AND
OWNER
PERSON
PERSONAL PROPERTY
PRECEDING, FOLLOWING
PROCESS
PROPERTY
REAL PROPERTY
SHALL, MAY
SIGNATURE OR SUBSCRIPTION BY MARK
STATE
TENANT OR OCCUPANT
TENSES
WEEK
WRITING
YEAR
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 City Council or the
context clearly requires otherwise:
The words "the City" or "this City" shall be construed as if followed by the words "of Creve Coeur,
Missouri".
The words "City Council" or "Council" shall mean the City Council of the City of Creve Coeur, Missouri.
Any reference to "Board of Aldermen" shall be interpreted to mean
the City Council.
The words "the Code" or "this Code" shall mean the "Code of Ordinances, City of Creve Coeur, Missouri".
The time in which any act provided by law is to be done is
computed by excluding the first (1st) day and including the last,
unless the last day is a Sunday, in which case it shall also be excluded.
The words "the County" or "this
County" shall mean the County of St. Louis, Missouri.
Any period of twenty-four (24) hours.
The period of time between sunrise and sunset.
When any subject matter, party or person is described or
referred to by words importing the singular number or the masculine
gender, several matters and persons, and females as well as males,
and bodies corporate as well as individuals, are included
Includes all territory over which the City now has or shall
hereafter acquire jurisdiction for the exercise of its police powers
or other regulatory powers.
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.
See Section 100.090 of this Code.
A calendar month.
The period of time between sunset and sunrise.
Whenever, in any Statute, words importing the plural number
are used in describing or referring to any matter, parties or persons,
any single matter, party or person is included, although distributive
words are not used.
Includes 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, boards, commissions, committees and
employees referred to in this Code shall mean officers, departments,
boards, commissions, committees and employees of the City of Creve
Coeur, unless the context clearly indicates otherwise.
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.
"Or" may be read "and", and "and" may be read "or", if
the sense requires it.
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.
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.
Includes money, goods, chattels, things in action and evidences
of debt.
Next before and next after, respectively.
Includes a writ or summons issued in the course of judicial
proceedings of either a civil or criminal nature.
Includes real and personal property.
Coextensive with lands, tenements and hereditaments.
"Shall" is mandatory; "MAY" is permissive.
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.
The words "the State" or "this State" shall be construed to mean the State of Missouri.
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.
The present tense includes the past and future tenses and
the future includes the present.
Seven (7) consecutive days.
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.
A calendar year beginning January first (1st) and ending
on the following December thirty-first (31st), except where otherwise
provided.
B.
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 City Council may be fully carried out.
[1]
State Law References — Definitions, rules of construction,
§§1.020, 1.030, 1.040, 1.050, RSMo.
[R.O. 2008 §1-4]
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.
[R.O. 2008 §1-5]
A.
The
repeal of an ordinance shall not revive any ordinances in force before
or at the time the ordinance repealed took effect unless otherwise
expressly provided in such ordinance.
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.
C.
Whenever
any ordinance or part of an ordinance shall be revised, repealed or
modified by a subsequent ordinance, the ordinance or part of ordinance
thus revised, repealed or modified shall continue in force until the
due publication of the ordinance repealing or modifying the same,
where publication is required by law.
[R.O. 2008 §1-6]
It is hereby declared to be the intention of the City Council
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.
[R.O. 2008 §1-7]
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 re-enacted.
[R.O. 2008 §1-8]
A.
By
contract or by City personnel, supplements to this Code shall be prepared
and printed whenever authorized or directed by the City Council. A
supplement to the Code shall include all substantive permanent and
general parts of ordinances passed by the City Council 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, non-substantive 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 non-substantive 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.
[R.O. 2008 §1-9]
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 of Creve Coeur to be misrepresented thereby. Any person, firm or corporation violating this Section shall be punished as provided in Section 100.090 hereof.
[R.O. 2008 §1-10; Ord. No. 1972 §1, 12-14-1998; Ord. No. 5075 §2, 2-9-2009; Ord. No. 5624, 1-28-2019]
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 three (3) months, 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.
[R.O. 2008 §1-11]
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.
[R.O. 2008 §1-12]
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.
[Ord. No. 5624, 1-28-2019]
A.
APPLICANT
RELATED PERSON OR ENTITY
1.
2.
3.
4.
RELEVANT LAW
1.
2.
3.
For the purposes of this Section, the following terms shall have
the following meanings:
An individual or a corporation, firm, partnership, joint
venture, association, organization or entity of any kind, including
any shareholder, owner, officer, partner, joint venturer or member
of such entity or any other person holding an ownership interest in
such entity requesting any City permit, license, franchise or other
approval.
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 percent (20%);
A firm, partnership, joint venture, association, organization
or entity of any kind which holds any stock, title or other ownership
interest in the applicant of at least twenty percent (20%); or
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.
An individual or entity that is party to a contract with the
applicant that pertains to a requested permit or approval.
Any Statute or regulation of the United States or the State
of Missouri,
Any ordinance or Municipal Code provision of the City or any
rule, regulation, notice, condition, term or order promulgated by
any officer or agency of the City under duly vested authority of the
City; or
Any final judgment or order of any court of competent jurisdiction
when a Statute, ordinance, Municipal Code provision, rule, regulation,
notice, condition, term, order or judgment at issue regulates conduct
or conditions germane to the issuance of the requested permit, license,
franchise or other approval as provided by the applicable ordinance
or Municipal Code provision of the City.
B.
In enforcing or administering the ordinances of the City, subject to the provisions of Subsection (C), no permit, license, franchise or approval of any kind shall be granted to any applicant if:
1.
The applicant or a related person or entity 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; or
2.
The applicant or a related person or entity has failed to pay any
tax, obligation or debt owed to the City.
C.
In acting on any new application or on any reapplication by an applicant
whose prior permit, license, franchise or other approval has been
denied, suspended, revoked, forfeited or has expired, or for which
the applicant is delinquent in obtaining any required inspection,
the reviewing or enforcement officer may consider the status of any
delinquency and any past violations of relevant law by the applicant
or a related person or entity in deciding whether to issue the permit,
license, franchise or approval requested by the applicant. Taking
into account the nature and character of the permit, license, franchise
or other requested approval in question and the need for the City
to rely on representations and/or future conduct by the applicant
when acting pursuant to the permit, license, franchise or other requested
approval by the City, the reviewing or enforcement officer may deny
the application or reapplication if there has been a delinquency or
past violation within the preceding 24 months of such character or
magnitude as to reasonably call into question the fitness of the applicant
or the City's ability to rely on representations and/or future
conduct by the applicant or their intent to resolve the delinquency.
D.
If a permit, license, franchise or other approval has been denied,
suspended, revoked, forfeited or has expired, the applicant may not
submit a new application for one (1) year from the date of the denial,
suspension, revocation, forfeiture or expiration unless the reviewing
or enforcement officer finds that substantial new facts or a change
in circumstances warrant reconsideration; provided, however, that
if the ordinances governing the particular permit, license, franchise
or other approval in question prescribe a different disqualification
period, those ordinances shall govern.
E.
Any aggrieved applicant may appeal the decision of the reviewing
or enforcement officer to the City Administrator within five (5) business
days of said decision. The City Administrator may reverse or modify
the decision of the reviewing or enforcement officer for good cause
shown.
