City of O'Fallon, MO
St. Charles County
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Table of Contents
Table of Contents

Section 100.010 General Penalty Provisions.

[R.O. 2007 §100.010; Ord. No. 1808 §3, 4-5-1990; Ord. No. 5084 §1, 10-12-2006; Ord. No. 6296 §1, 1-12-2017]
A. 
Whenever in this Code or in any ordinance of the City, or in any rule, regulation, notice, condition, term or order promulgated by any officer or agency of the City under authority duly vested in him/her or it, any act is prohibited or is declared to be unlawful or an offense or misdemeanor or the doing of any act is required or the failure to do any act is declared to be unlawful or an offense or a misdemeanor, where no specific penalty is provided therefor, the violation of any such provision of this Code or any such ordinance, rule, regulation, order or notice shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment not to exceed three (3) months, or by both such fine and imprisonment.
Exceptions:
1. 
In any case wherein the penalty for an offense is fixed by a Statute of the State, the statutory penalty, and no other, shall be imposed for such offense.
2. 
The Court shall only sentence a person to confinement for a violation: (i) involving alcohol or controlled substances, (ii) endangering the health or welfare of others, or (iii) for eluding or giving false information to a law enforcement officer.
3. 
The punishment of a "minor traffic violation" as defined by Section 479.350, RSMo., shall be subject to the following provisions:
a. 
The maximum fine and court costs that can be imposed for the violation of any minor traffic violation shall be two hundred twenty-five dollars ($225.00).
b. 
Court costs shall be assessed against such person unless the court finds that the defendant is indigent.
4. 
The punishment of a municipal ordinance violation for which penalties are authorized by Section 67.398, RSMo., (nuisances), Section 71.285, RSMo., high grass and weeds and litter and debris nuisances), or Sections 89.120 and 89.490, RSMo., (zoning violations) shall be subject to the following provisions:
a. 
The maximum fine and court costs that can be imposed for such violation shall be:
(1) 
For the first violation within any 12-month period of time: two hundred dollars ($200.00).
(2) 
For the second violation within any 12-month period of time: two hundred seventy-five dollars ($275.00).
(3) 
For the third violation within any 12-month period of time: three hundred fifty dollars ($350.00).
(4) 
For the fourth and any subsequent violation within any 12-month period of time: four hundred fifty dollars ($450.00).
b. 
Court costs shall be assessed against such person unless the court finds that the defendant is indigent.
5. 
A person shall not be placed in confinement for failure to pay a fine unless such non-payment violates terms of probation or unless the due process procedures mandated by Missouri Supreme Court Rule 37.65 or its successor rule are strictly followed by the Court.
B. 
Except where otherwise provided, each and every day any violation of this Code or any ordinance of the City or any rule, regulation, order or notice promulgated by any officer or agency of the City under authority duly vested in him/her or it shall constitute a separate offense.
C. 
Whenever any act is prohibited by this Code, by an amendment thereof, or by any rule or regulation adopted thereunder, such prohibition shall extend to and include the causing, securing, aiding or abetting of another person to do said act. Whenever any act is prohibited by this Code, an attempt to do the act is likewise prohibited.
D. 
In case of the amendment by the City Council of any Section of such Code for which a penalty is not provided, the general penalty as provided in Subsection (A) of this Section shall apply to the Section as amended or, in case such amendment contains provisions for which a penalty other than the aforementioned general penalty is provided in another Section in the same Chapter, the penalty so provided in such other Section shall be held to relate to the Section so amended, unless such penalty is specifically repealed therein.

Section 100.011 Equitable Relief.

[R.O. 2007 §100.011; Ord. No. 5084 §1, 10-12-2006]
In addition to any other remedies or penalties established for violations of any ordinance or Code Section or any rule, regulation, notice, condition, term or order promulgated by any officer or agency of the City under duly vested authority, the City Official responsible for the enforcement of such ordinance, Code Section, rule, regulation, notice, condition, term or order may, on behalf of the City and after approval by the City Administrator, apply to a court of competent jurisdiction for such legal or equitable relief as may be necessary to enforce compliance with such ordinance, Code Section, rule, regulation, notice, condition, term or order. 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 attorney fees as allowed by law.

Section 100.012 Restrictions On Delinquent Applicants.

[R.O. 2007 §100.012; Ord. No. 5084 §1, 10-12-2006]
A. 
For the purposes of this Section, the following terms shall have the following meanings:
APPLICANT
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.
1. 
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%);
2. 
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
3. 
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.
1. 
Any Statute or regulation of the United States or the State of Missouri,
2. 
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
3. 
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, no permit, license, franchise or approval of any kind shall be granted to any applicant if 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.
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 or forfeited, the reviewing or enforcement officer may consider past violations of relevant law by the applicant or a related person or entity in considering 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 the past violations of relevant law are reasonably recent in time and 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.
D. 
If a permit, license, franchise or other approval has been denied, suspended, revoked or forfeited, the applicant may not submit a new application for one (1) year from the date of the denial, suspension, revocation or forfeiture 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 provided the applicant:
1. 
Establishes an inability to effect compliance with any relevant law because of the ownership structure of any pertinent related entity, if the denial in question was due to conduct or circumstances of a related person or entity, or
2. 
Establishes that he/she has not been charged with, nor is, if applicable, in violation of any relevant law.

Section 100.015 Construction of Ordinances.

[Ord. No. 5408 §1, 1-8-2009]
A. 
In the construction of this Code and of all ordinances of the City, the following principles of construction shall be observed, unless it shall be otherwise expressly provided in any Section or ordinances, or unless inconsistent with the manifest intent of the Council, or unless the context clearly requires otherwise.
1. 
Whenever any distance requirement appears in the Code, the requisite distances between the relevant facilities or land uses in question shall be measured by the straight line distance between the nearest points of the exterior walls (exclusive of overhangs) of the buildings within which the relevant facilities or uses are located.

Section 100.020 Official Seal.

[R.O. 2007 §100.020; Ord. No. 1184 §31, 1-17-1985; Ord. No. 5500 §1, 8-27-2009]
The Official Seal of the City of O'Fallon shall be a metallic disc not more than two and one-half (2½) inches in diameter with the words "City of O'Fallon, O'Fallon, Missouri" and "Founded in 1856" engraved in the border, and the words" Official Seal" and a graphic representation of the cupola on City Hall engraved in the center.