[R.O. 2008 § 100.010; 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:
a. 
Involving alcohol or controlled substances;
b. 
Endangering the health or welfare of others; or
c. 
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 twelve-month period of time: two hundred dollars ($200.00).
(2) 
For the second violation within any twelve-month period of time: two hundred seventy-five dollars ($275.00).
(3) 
For the third violation within any twelve-month period of time: three hundred fifty dollars ($350.00).
(4) 
For the fourth and any subsequent violation within any twelve-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.
[R.O. 2008 § 100.011; 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.
[R.O. 2008 § 100.012; 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.
RELATED PERSON OR ENTITY
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.
RELEVANT LAW
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 warrants 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.
[Ord. No. 7001, 2-23-2023]
A. 
Policy. In order to protect the public interest, it is the policy of the City to conduct business only with responsible persons. Debarment and suspension are discretionary actions that, taken in accordance with this Section, are appropriate means to implement this policy. Debarment and suspension are serious actions which shall be used only in the public interest and for the City's protection and not for purposes of punishment.
B. 
Definitions. For the purposes of this Section, unless the context requires otherwise, the following terms shall mean:
AFFILIATE
Persons related to one another in such a manner that directly or indirectly, either one (1) controls or has the power to control the other, or, a third person controls or has the power to control both. Indicia of control include, but are not limited to: interlocking management or ownership, identity of interests among family members, shared facilities and equipment, common use of employees, or a business entity organized following the suspension, debarment or voluntary exclusion of a person which has the same or similar management, ownership, or principal employees as the suspended, debarred, or voluntarily excluded person.
DEBARMENT
An action taken by the City in accordance with these regulations to exclude a person from participating in transactions with the City. A person so excluded is "debarred."
PARTICIPANT
Any person who submits a proposal or bid for, or enters into, or reasonably may be expected to enter into, a transaction with the City. This term also includes any person who acts on behalf of or is authorized to commit a participant in a transaction as an agent or representative of another participant.
PERSON
Any individual, corporation, partnership, association, unit of government or legal entity, however organized.
PRINCIPAL
An officer, director, owner, partner, key employee, or other person within a participant with primary management or supervisory responsibilities; or a person who has a critical influence or substantive control over a covered transaction, whether or not employed by the participant.
PROPOSAL
A solicited or unsolicited bid, application, request, offer, invitation to consider or similar communication by or on behalf of a person seeking to participate or to receive a benefit, directly or indirectly, in or under a transaction.
SUSPENSION
An action taken in accordance with this Chapter that immediately excludes a person from participating in covered transactions for a temporary period, pending completion of an investigation and such legal or debarment proceedings as may ensue. A person so excluded is "suspended."
TRANSACTION
Any transaction between the City and a person for procurement of goods and/or services, or public works contracts and any contract for goods or services between a participant and a person, whose goods or services are to be employed in a transaction with the City.
VOLUNTARY EXCLUSION or VOLUNTARILY EXCLUDED
A status of non-participation or limited participation in covered transactions assumed by a person pursuant to the terms of a settlement.
C. 
Grounds For Debarment. A person may be debarred from consideration for award of contracts for any of the following reasons:
1. 
Conviction of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract.
2. 
Conviction under State or Federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of integrity or honesty which currently, seriously and directly affects responsibility as a City contractor or vendor.
3. 
Conviction under State or Federal anti-trust statutes arising out of the submission of bids or proposals.
4. 
Failure without good cause to perform in accordance with contract specifications or within the time limit provided in the contract.
5. 
A recent record of failure to perform or of unsatisfactory performance in accordance with the terms of one (1) or more contracts; provided that failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor or vendor shall not be considered a basis for debarment.
6. 
The person is in arrears on any debt owed the City or has a history of being chronically in arrears on debts owed the City or attempting to obtain excessive or unwarranted payment or preference from the City.
7. 
Any other cause so serious and compelling as to affect responsibility as a City contractor or vendor, including debarment by another governmental entity.
D. 
Procedure.
1. 
Debarment shall be initiated by serving written notice of the debarment to the person intended to be debarred. The notice shall set forth the specific grounds for the debarment and advise the person of the right to appeal. The notice shall be served by registered or certified mail or by delivering a copy of the notice to the person subject to debarment or the person's agent or employee. The debarment shall take effect ten (10) days after service of the notice unless an appeal is taken to the City Administrator. If an appeal is taken, the debarment shall not take effect until a final order upholding the debarment is entered by the City Administrator or until the appeal is dismissed by the appellant.
2. 
Within ten (10) days after service of a written notice of debarment, the person affected by the notice may file a written request for a hearing before the City Administrator contesting the debarment.
3. 
The City Administrator shall give the appellant at least ten (10) day notice of a hearing. At the hearing, the City and the appellant shall have the right to call and examine witnesses, introduce exhibits, cross-examine opposing witnesses and impeach any witness. Oral evidence shall be taken on oath or affirmation. All evidence shall be suitably recorded and preserved. The technical rules of evidence shall not apply, but the City Administrator may exclude evidence which is irrelevant or repetitious. The City and appellant shall be entitled to present oral arguments or written briefs at or after the hearing.
4. 
The City Administrator shall make written findings of fact and conclusions of law and issue a final order. Findings of fact shall be based upon competent and substantial evidence found in the record as a whole. A copy of the City Administrator's order, findings of fact and conclusions of law, shall be delivered or mailed to the appellant.
5. 
An appellant aggrieved by the decision of the City Administrator may, within five (5) days of the decision for which redress is sought, file with the City Council a written request for reconsideration and appeal of any decisions of the City Administrator under this Section. The written request must set forth in a concise manner the decision being appealed and all grounds known to the appellant as to wherein and why the decision is allegedly in error. The request for reconsideration and appeal must be filed with the City Clerk within five (5) days of the date of the City Administrator's decision. A copy of the request and any supporting documents or materials filed by the appellant must be served by the appellant party on the City Administrator within three (3) days of filing with the City Clerk. The City Council may consider the appeal on the record of the prior decision by the City Administrator or may, at its sole discretion, receive additional evidence in such manner as it deems appropriate in light of the circumstances.
6. 
Any appellant aggrieved by the final determination of the City may file a petition for review pursuant to Chapter 536, RSMo., as amended, in the Circuit Court of St. Charles County. Such petition shall be filed within ten (10) days after the final determination.
E. 
Effect Of Debarment. Except to the extent prohibited by law, persons who are debarred or suspended by the City or by the State of Missouri and their affiliates shall be excluded from transactions with the City as either participants or principals for the period of their debarment or suspension. Accordingly, the City shall not enter into transactions with or involving such debarred or suspended persons or their affiliates during such period.
F. 
Length Of Debarment. Debarment shall be for a period commensurate with the seriousness of the cause(s). If a suspension precedes a debarment, the suspension period shall be considered in determining the debarment period. Debarment generally should not exceed three (3) years; however, where circumstances warrant, a longer period of debarment may be imposed.
G. 
Voluntary Exclusion. The City may, at any time, settle a debarment or suspension action when it determines that such settlement is in the best interest of the City. Persons who accept voluntary exclusion are excluded in accordance with the terms of their settlements.
[R.O. 2008 § 100.015; 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.
[R.O. 2008 § 100.020; 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 (2 1/2) 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.