[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]
A.
CHARTER
CITY
CODE
COMPUTATION OF TIME
COUNCIL
COUNTY
DELEGATION OF AUTHORITY
GENDER
JOINT AUTHORITY
MAY
MONTH
NAME OF OFFICER, DEPARTMENT, BOARD, ETC.
NUMBER
OATH
OWNER
PERSON
PERSONAL PROPERTY
PRECEDING, FOLLOWING
PROPERTY
PUBLIC WAY
REAL PROPERTY
RSMo.
SHALL
SIDEWALK
SIGNATURE
STATE
STREET
TENANT, OCCUPANT
WRITTEN, IN WRITING AND WRITING WORD FOR WORD
YEAR
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.
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.
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.
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.
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.
Includes money, goods, chattels, things in action and evidences
of debt.
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.
Includes any street, alley, boulevard, parkway, highway,
sidewalk or other public thoroughfare.
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.
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.
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".
B.
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.
[1]
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]
A.
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.
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
through" (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. 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.
[1]
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]
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 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.
B.
Except
where otherwise provided, each and every day any such chargeable violation
exists, each such day 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. 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]
A.
APPLICANT
RELATED PERSON OR ENTITY
1.
2.
3.
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.
Any Statute or regulation of the United States or the State
of Missouri,
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
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.
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 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:
1.
Establishes
a good faith effort to effect compliance with this Section and any
relevant law,
2.
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
3.
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.
