[R.O. 2005 §1-1; CC 1997 §1-1]
The ordinances embraced in this and the following Chapters and Sections shall constitute and be designated "The Code of the City of Ellisville, Missouri" and may be so cited. Such ordinances may also be cited as "Ellisville City Code". At least three (3) copies of the published book shall be kept on file in the office of the Municipal Clerk and kept available for inspection by the public at all reasonable business hours.
[R.O. 2005 §1-2; CC 1997 §1-2]
In the construction of this Code and of all other ordinances of the City, the following definitions and rules of construction shall be observed unless it shall be otherwise expressly provided in any Section or ordinance and unless inconsistent with the manifest intent of the Council or unless the context clearly requires otherwise:
- Legal document of the City adopted by a majority vote of the residents on August 3, 1993, which articulates the form and structure of the City's government, defines and limits the power of City Officials and employees and establishes the basic procedural mechanisms which govern the conduct of the City's public institutions.
- The words "the City" or "this City" shall mean the City of Ellisville, Missouri.
- The words "Code" or "this Code" shall mean "The Code of the City of Ellisville, Missouri" as cited in Section 100.010.
- COMPUTATION OF TIME
- The time within which an act is to be done shall be computed by excluding the first (1st) and including the last day; and if the last day is Sunday or a legal holiday, that shall be excluded.
- The words "Council members" or "the Council" shall mean the Council of Ellisville which consists of the Mayor and two (2) Council members from each district.
- The words "the County" shall mean the County of St. Louis in the State of Missouri.
- DELEGATION OF AUTHORITY
- Whenever a provision appears in this Code requiring the head of a department of the City or some other City Officer or employee to do some act or make certain inspections, it may be construed to authorize the head of the department or some authorized subordinate to perform the required act or make the required inspections unless the terms of the provision or Section designate otherwise.
- When any subject matter, party or person is described or referred to by words importing the masculine, females as well as males, and associations and bodies corporate as well as individuals, shall be deemed to be included.
- JOINT AUTHORITY
- Words importing joint authority to three (3) or more persons shall be construed as authority to a majority of such persons, unless otherwise declared in the law giving the authority.
- Is permissive.
- A calendar month.
- NAME OF OFFICER, DEPARTMENT, BOARD, ETC.
- Whenever the name of an officer, department, board or any other agency is given, it shall be construed as though the words "of the City of Ellisville" were added unless otherwise provided.
- When any subject matter, party or person is described or referred to by words importing the singular number, the plural and separate matters and persons and bodies corporate shall be deemed to be included.
- Includes an affirmation in all cases in which, by law, an affirmation may be substituted for an oath and in such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed".
- The word "owner", applied to a building or land, shall include any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety of the whole or a part of such building or land.
- May extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations.
- PERSONAL PROPERTY
- Includes money, goods, chattels, things in action and evidences of debt.
- PRECEDING, FOLLOWING
- When used by way of reference to any Section of the this Code, mean the Section next preceding or next following that in which the reference is made, unless some other Section is expressly designated in the reference.
- Includes real and personal property.
- PUBLIC WAY
- Includes any street, alley, boulevard, parkway, highway, sidewalk or other public thoroughfare.
- REAL PROPERTY
- The terms "real property", "premises", "real estate" or "lands" shall be deemed to be co-extensive with lands, tenements and hereditaments.
- The abbreviation "RSMo." shall mean the Revised Statutes of Missouri, 1994, as amended.
- Is mandatory.
- That portion of the street between the curb line and the adjacent property line which is intended for the use of pedestrians.
- Where the written signature of any person is required, the proper handwriting of such person or his/her mark shall be intended.
- The words "the State" or "this State" shall mean the State of Missouri.
- Includes any public way, highway, street, avenue, boulevard, parkway, alley or other public thoroughfare and each of such words shall include all of them.
- TENANT, OCCUPANT
- The word "tenant" or "occupant", applied to a building or land, shall include any person who occupies the whole or a part of such building or land, whether alone or with others.
- WRITTEN, IN WRITING AND WRITING WORD FOR WORD
- Includes printing, lithographing, or other mode of representing words and letters, but in all cases where the signature of any person is required, the proper handwriting of the person, or his/her mark, is intended.
- A calendar year, unless otherwise expressed and the word "year" shall be equivalent to the words "year of our Lord".
All general provisions, terms, phrases and expressions contained in this Code shall be literally construed in order that the true intent and meaning of the Council may be fully carried out.
State Law Reference—Similar construction, §1.030, RSMo.; Similar construction, §1.040, RSMo.; Similar construction, §1.050, RSMo.;Similar definition, §1.020(10), RSMo.; Similar definition, §1.020(11), RSMo.; Similar definition, §1.020(12), RSMo.; Similar definition, §1.020(14), RSMo.; Similar definition, §1.020(15), RSMo.; Similar definition, §1.020(16), RSMo.; Similar definition, §1.020(21), RSMo.; Construction of Statutes generally, §§1.010—1.210, RSMo.
[R.O. 2005 §1-3; CC 1997 §1-3]
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 Section, nor 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. 2005 §1-4; CC 1997 §1-4]
All history notes and reference throughout this Code are for the benefit of the user of the Code and shall have no legal effect.
[R.O. 2005 §1-5; CC 1997 §1-5]
The provisions appearing in this Code, so far as they are in substance the same as those of ordinances existing at the time of the adoption of "The Code of the City of Ellisville, Missouri", shall be considered as a continuation thereof and not as new enactments.
[R.O. 2005 §1-7; CC 1997 §1-7]
Whenever any ordinance or part of an ordinance shall be repealed or modified, either expressly or by implication, by a subsequent ordinance, the ordinance or part of an ordinance thus repealed or modified shall continue in force until the ordinance repealing or modifying the same shall go into effect, unless therein otherwise expressly provided; but no suit, prosecution, proceeding, right, fine or penalty instituted, created, given, secured or accrued under any ordinance previous to its repeal shall in anyway be affected, released or discharged but may be prosecuted, enjoyed and recovered as fully as if such ordinance or provisions had continued in force, unless it shall be therein otherwise expressly provided.
[R.O. 2005 §1-8; CC 1997 §1-8]
When an ordinance repealing a former ordinance, clause or provision shall itself be repealed, such repeal shall not be construed to revive such former ordinance, clause or provision unless it be expressly so provided and such former ordinance, clause or provision is set forth at length.
[R.O. 2005 §1-9; CC 1997 §1-9]
By contract or by City personnel, supplements to this Code shall be prepared and printed whenever authorized or directed by the Council. A supplement to the Code shall include all substantive permanent and general parts of ordinances passed by the 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.
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.
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:
Organize the ordinance material into appropriate subdivisions;
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;
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;
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 through" (inserting Section numbers to indicate the Sections of the Code which embody the substantive Sections of the ordinance incorporated into the Code); and
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. 2005 §1-10; CC 1997 §1-10]
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 Ellisville, Missouri, to be misrepresented thereby.
State Law Reference—Tampering with a public record, §575.110, RSMo.
[R.O. 2005 §1-11; CC 1997 §1-11]
It is hereby declared to be the intention of the 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 otherwise invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and Sections of this Code since the same would have been enacted by the Council without the incorporation in this Code of any such unconstitutional or invalid phrase, clause, sentence, paragraph or Section.
[R.O. 2005 §1-12.1]
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 one thousand dollars ($1,000.00) or by imprisonment in the City or County Jail or other safe place of confinement not to exceed ninety (90) days or by both such fine and imprisonment, but in any case wherein the penalty for an offense is fixed by any Statute, the same penalty shall apply.
Except where otherwise provided, each and every day any such chargeable violation exists, each such day shall constitute a separate offense.
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.
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. If an 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.
[R.O. 2005 §1-12.2]
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 Council, 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. 2005 §1-12.3]
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.
- 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 provision of the Charter, ordinance or Code Section 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, or
- 3. Any final judgment or order of any court of competent jurisdiction, when a Statute, ordinance, Code Section, 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 Statute, ordinance or Code Section of the City.
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.
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.
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.
Any aggrieved applicant may appeal the decision of the reviewing or enforcement officer to the City Manager within five (5) business days of said decision. The City Manager may reverse or modify the decision of the reviewing or enforcement officer provided the applicant:
Establishes a good faith effort to effect compliance with this Section and any relevant law,
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
Establishes that the applicant has not been charged with a violation of relevant law or is or, if applicable, was not in violation of relevant law.