[R.O. 2009 §10.01]
This codification of ordinances by and for the City of St. Charles shall be designated as the Code of Ordinances of the City of St. Charles and may be so cited.
[R.O. 2009 §10.02; CC 1981 §1-2; Ord. No. 87-96, 5-12-1987; Ord. No. 87-97, 5-12-1987; Ord. No. 91-51, 3-8-1991; Ord. No. 03-122, 5-27-2003]
For the purposes of this Code, the following definitions and rules of construction shall apply unless the context clearly indicates or requires a different meaning.
- When a bond is required, an undertaking in writing in such form and with such sureties as may be satisfactory to the Mayor is sufficient unless otherwise required by State law or this Code.
- CERTIFIED MAIL OR CERTIFIED MAIL WITH RETURN RECEIPT REQUESTED
- Includes certified mail carried by the United States Postal Service or any parcel or letter carried by an overnight, express or ground delivery service that allows a sender or recipient to electronically track its location and provides a record of the signature of the recipient.
- The words "the City" or "this City" shall mean the City of St. Charles, Missouri.
- CITY COUNCIL
- The words "City Council" or "the Council" shall mean the City Council of the City of St. Charles, Missouri.
- 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. If the last day is Sunday or a legal holiday, it shall be excluded.
- CORPORATE LIMITS OR CITY LIMITS
- Whenever the words "corporate limits", "corporation limits" or "City limits" are used, they shall mean the legal boundary of the City of St. Charles, Missouri.
- The words "the County" or "this County" shall mean the County of St. Charles, Missouri.
- The Municipal Court of the City.
- Unless otherwise expressly provided, definitions given within a Title, Chapter, Article, Section or Subsection apply only to words or phrases used in such Title, Chapter, Article, Section or Subsection.
- DELEGATION OF AUTHORITY
- Whenever a provision appears requiring an officer or the head of a department of the City to do some act or make certain inspections, it is to be construed to authorize the head of the department to designate, delegate and authorize subordinates to perform the required act or make the required inspection unless the terms of the provision or Section designate otherwise.
- Following an official of the City, means the authorized agent, employee or representative of such official.
- ENVIRONMENTAL HEALTH/HUMANE DEPARTMENT
- The Office of Community Services.
- 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.
- In the interpretation and application of any provision of this Code, it shall be held to be the minimum requirement adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of the Code imposes greater restrictions upon the subject matter than another more general provision imposed by the Code, the provision imposing the greater restriction or regulation shall be deemed to be controlling.
- JOINT AUTHORITY
- Words importing joint authority to three (3) or more persons shall be construed as authority to a majority of the persons, unless otherwise declared in the law giving the authority.
- KEEPER OR PROPRIETOR
- Natural persons, firms, associations, corporations, clubs and partnerships, whether acting by themselves or through a servant, agent or employee.
- LIBERAL CONSTRUCTION
- 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.
- A calendar month.
- NAME OF OFFICER
- Whenever the name of an officer is given, it shall be construed as though the words "of the City of St. Charles" were added.
- NON-TECHNICAL AND TECHNICAL WORDS
- Words and phrases shall be taken in their plain or ordinary and usual sense, but technical words and phrases having a peculiar and appropriate meaning in law shall be understood according to their technical import.
- A word importing the singular number only may extend and be applied to several persons or things as well as to one (1) person or thing.
- 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".
- 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 AND FOLLOWING
- When used by way of reference to any Section of this Code, shall 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 PLACE
- Any place where the public is permitted or invited to go or congregate, a place of common resort, a place where the public has a right to go and be. "Public places" include, but are not limited to, streets, roadways, alleys, sidewalks, parks, cemeteries, beaches, school yards, parking lots, boats, barges, business and commercial establishments (whether for profit or not-for-profit and whether open to the public at large or where entrance is limited by a cover charge or membership requirement), bottle clubs, hotels, motels, restaurants, nightclubs, country clubs, cabarets and meeting facilities utilized by any religious, social, fraternal or similar organizations.
- PUBLIC WAY
- Any street, alley, boulevard, parkway, highway, sidewalk or other public thoroughfare.
- REAL PROPERTY
- Including the terms "premises", "real estate" or "lands", shall be deemed to be co-extensive with lands, tenements and hereditaments.
- The place adopted by a person as his/her place of habitation and to which, whenever he/she is absent, he/she has the intention of returning. When a person eats at one place and sleeps at another, the place where such person sleeps shall be deemed his/her residence.
- REVISED STATUTES OR RSMo.
- The Revised Statutes of Missouri, as amended.
- The Seal of the City of St. Charles.
- SHALL AND MAY
- The word "shall" as used in this Code is mandatory; "May" is permissive or discretionary.
- The portion of the street between the curb line and the adjacent property line intended for the use of pedestrians.
- SIGNATURE OR SUBSCRIPTION
- Where the written signature or subscription of any natural person is required, the proper handwriting of such person or his/her mark, when such person cannot write, shall be intended.
- The State of Missouri.
- Any public way, highway, street, avenue, boulevard, parkway, alley or other public thoroughfare and each of such words shall include every other of them.
- TANGIBLE PERSONAL PROPERTY
- Goods, chattels and all personal property except intangible personal property.
- 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.
- Words used in the past or present tense include the future as well as the past and present.
- Seven (7) days.
- 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".
State Law Reference—Construction of statutes generally, §§1.020—1.210, RSMo.
[R.O. 2009 §10.03; CC 1981 §1-3]
Unless otherwise provided in this Code, this Code shall apply to acts performed within the corporate limits of the City. The provisions of this Code shall also apply to acts performed outside the corporate limits and up to the limits prescribed by law where the law confers power on the City to regulate such particular acts outside the corporate limits.
[R.O. 2009 §10.04; CC 1981 §1-4]
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. 2009 §10.05; CC 1981 §1-5]
The provisions appearing in this Code, insofar as they are the same as those of the Revised Ordinances of 1965 and Revised Ordinances of 1980 and ordinances existing at the time of the effective date of this Code, shall be considered as continuation thereof and not as new enactments.
[R.O. 2009 §10.06; CC 1981 §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 by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality 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 City Council without the incorporation in this Code of any such unconstitutional phrase, clause, sentence, paragraph or Section.
[R.O. 2009 §10.07; CC 1981 §1-7]
All ordinances passed subsequent to this Code, which amend, repeal or in any way affect this Code, may be numbered in accordance with the numbering system of this Code and printed for inclusion herein or, in the case of repealed Chapters, Sections and Subsections or any part thereof by subsequent ordinances, such repealed portions may be excluded from the Code by omission from reprinted pages affected thereby and the subsequent ordinances as numbered and printed or omitted, in the case of repeal, shall be prima facie evidence of such subsequent ordinances until such time that this Code and subsequent ordinances numbered or omitted are readopted as a new Code by the City Council.
Amendments to any of the provisions of this Code should be made by amending such provisions by specific reference to the Section of this Code in substantially the following language: "That Section __________ of the Code of Ordinances of the City of St. Charles, Missouri, is hereby amended to read as follows: (Set out new provisions in full)"
When the City Council desires to enact an ordinance of a general and permanent nature on a subject not heretofore existing in the Code, which the City Council desires to incorporate into the Code, a Section in substantially the following language shall be made a part of the ordinance:
"Section __________. It is the intention of the City Council and it is hereby ordained that the provisions of this Chapter shall become and be made a part of the Code of Ordinances of the City of St. Charles, Missouri, and the Sections of this Chapter may be renumbered to accomplish such intention."
All Titles, Chapters, Articles or Sections of this Code desired to be repealed should be specifically repealed by Section number or Chapter number, as the case may be.
[R.O. 2009 §10.08; CC 1981 §1-8]
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 Council 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 the unified Code. For example, the codifier may:
Organize the ordinance material into appropriate subdivisions;
Provide appropriate catchlines, headings and titles for Sections and other Subsections of the Code printed in the supplement and make changes in such catchlines, headings and titles;
Assign appropriate numbers to Sections and other Subsections to be inserted in the Code and, where necessary to accommodate new material, change existing Section or other Subsection numbers;
Change the words "this ordinance" or words to the same meaning to "this Chapter", "this Article", "this Subsection", 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
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. 2009 §10.09; CC 1981 §1-9]
The City Clerk shall keep three (3) copies of this Code. These copies shall be printed or otherwise mounted to withstand heavy usage and preserved by the City Clerk in a book or binder in looseleaf form or in such other form as the City Council may consider most expedient, so that all amendments thereto and all general ordinances hereafter passed may be inserted in their appropriate places in such volumes and all Sections of this Code or ordinances repealed from time to time may be extracted therefrom for the purpose of maintaining said three (3) copies in such condition that they will show all general ordinances passed up to date at any time in such manner that ready reference may be had thereto.
In determining whether or not any ordinance hereafter passed, or any part thereof, shall be inserted in such volume and in determining the form, Chapter, Article or Section which shall be taken out, if any doubt arises, the City Clerk shall be guided by the advice of any regular or special City Counselor.
[R.O. 2009 §10.10]
The ordinances in this Code are organized into Titles, Chapters, Articles, Sections and Subsections as identified in the following definitions:
- Organizes the information that is contained within a Title.
- Separates a Section into paragraphs, designated by letters and numbers as follows:
- The basic unit of a Code designated by the symbol "§".
- Itemizes the information found in a Chapter by breaking it into smaller parts according to subject matter.
[R.O. 2009 §10.11; CC 1981 §1-11]
Designated. United States standard or daylight savings time for the zone in which the City is located shall be the official time of the City.
Referred To In Ordinances, Notices, Documents And The Like. When reference is made to any time without qualification in any ordinance, resolution or order heretofore passed or which may be passed hereafter by the City Council or in any official notice, advertisement or document of the City or in any contract to which the City is a party, it shall be understood to refer to the official time of the City as described in Subsection (A) of this Section.
Application. In all ordinances, resolutions or orders of the City Council and in all official notices, advertisements or documents of the City and in all contracts to which the City is a party relating to the time of performance of any act by any officer or department of the City or relating to the time within which any rights shall accrue or determine or within which any act shall or shall not be performed by any person, it shall be understood and intended that the time shall be the official time of the City as prescribed in Subsection (A) of this Section.
Public Timepieces. All clocks or other timepieces in or upon public buildings or other premises maintained at the expense of the City shall be set and run according to the official time as provided in Subsection (A) of this Section. It is hereby made the duty of the officer or other person having control and charge of any such building and premises to see that the clocks or other timepieces are set and run in accordance with official time.
[R.O. 2009 §10.12; CC 1981 §1-12]
When the Code shall be printed and bound, it shall be deemed a sufficient publication of all ordinances contained therein and they shall be received in evidence without further proof in all cases, suits or proceedings had, instituted or prosecuted under the provisions thereof and in pleading any ordinance or part of ordinance in prosecutions and proceedings had by virtue of any of the provisions thereof, it shall be sufficient to designate the number of the Section or Chapter under which the action is instituted or proceedings had.
State Law Reference—Admission of printed copies of ordinances as evidence, §490.240, RSMo.
[R.O. 2009 §10.13; CC 1981 §1-14]
In case any person is found guilty and sentenced by the Municipal Judge for violation of this Code or any other ordinance of the City, whether the punishment be by fine or imprisonment, or by both, such person may be put to work and required to perform labor on the public streets or highways or other public works or buildings of the City and the City shall have power and be authorized and required to have or cause all such prisoners to work out the full number of days for which they have been sentenced and in case the defendant has sufficient property out of which to make the money fine and costs against the defendant and the same shall remain unpaid, the defendant shall be required to do and perform such labor on the streets, highways or other public buildings or public works of the City, as his/her health and strength will permit, not exceeding eight (8) hours per day and for such work and labor the person so employed shall be allowed, exclusive of his/her board, the sum of ten dollars ($10.00) per day, which amount shall be credited on such fine and costs. Such labor shall be done at the direction and under the supervision of the Mayor. The officer or person in charge of such prisoner while so employed may impose such restraints as may be reasonably necessary to prevent the escape of the prisoner while so employed.
[R.O. 2009 §10.14; CC 1981 §1-15]
In all cases where the same offense may be made punishable or shall be created by different clauses or Sections of the ordinances of the City, the prosecuting officer may elect under which to proceed, but not more than one (1) recovery shall be had against the same person for the same offense.
[R.O. 2009 §10.99; CC 1981 §1-13; Ord. No. 20-144, 10-20-2020]
Whenever in this Code or in any ordinance of the City any act is prohibited or is made or declared to be unlawful or an offense or the doing of any act is required or the failure to do any act is declared to be unlawful or a misdemeanor, except where a specific statutory penalty is provided for, the violation of any such provision shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment not exceeding three (3) months or both such fine and imprisonment, as may be just for any offense, recoverable with cost of suit; provided however, that where the City and the State both prescribe the same offense, the penalty for violating the City provision shall be the same as is set by Statute.
[Ord. No. 16-270 §1, 12-20-2016]
In any case wherein the penalty for an offense is fixed by a Statute of the State of Missouri, the statutory penalty, and no other, shall be imposed for such offense.
The penalty for a "minor traffic violation" as those words are defined by Section 479.350, RSMo., shall be subject to the following provisions:
The penalty for an ordinance violation for which penalties are authorized by Sections 67.398 (nuisances), 71.285 (high grass and weeds and litter and debris nuisances), or 89.120 and 89.490 (zoning violations), RSMo., shall be subject to the following provisions:
The maximum fine and court costs that can be imposed for a violation shall be:
For the first violation within any 12-month period of time: two hundred dollars ($200.00).
For the second violation within any 12-month period of time: two hundred seventy-five dollars ($275.00).
For the third violation within any 12-month period of time: three hundred fifty dollars ($350.00).
For the fourth and any subsequent violation within any 12-month period of time: four hundred fifty dollars ($450.00).
Court costs shall be assessed against such person unless the Municipal Court finds such person is indigent.
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 Municipal Court.
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, board. commission or agency of the City under authority duly vested in him/her or it 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 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.
The failure of any officer or employee of the City to perform any official duty imposed by this Code shall not subject such officer or employee to the penalty imposed by this Section unless a penalty is specifically provided.
State Law Reference—Limitation on penalty, §77.590, RSMo.
[Ord. No. 20-144, 10-20-2020]
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 Director of Administration, 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.
[Ord. No. 20-144, 10-20-2020]
For the purposes of this Section, the following terms shall have the following meanings:
- A person, corporation, limited liability company, partnership, limited partnership, trust, estate, joint venture, association, organization, firm or entity of any kind, including any shareholder, owner, officer, partner, manager, trustee, 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 corporation, limited liability company, partnership, limited partnership, trust, estate, joint venture, association, organization, firm 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 corporation, limited liability company, partnership, limited partnership, trust, estate, joint venture, association, organization, firm 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, corporation, limited liability company, partnership, limited partnership, trust, estate, joint venture, association, organization, firm 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 ordinance or Municipal Code provision of the City or any rule, regulation, notice, condition, term or order promulgated by any officer, board, commission or agency of the City under duly vested authority of the City; or
- 2. 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.
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 Director of Administration within five (5) business days of said decision. The Director of Administration may reverse or modify the decision of the reviewing or enforcement officer provided the applicant:
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 he/she has not been charged with, nor is, if applicable, in violation of any relevant law.
[R.O. 2009 §11.01; CC 1981 §1-10; Ord. No. 10-29 §1, 2-19-2010]
Description. The logo and seal of the City shall consist of a circular shape in the foreground and surrounded in the background by an eight (8) point compass rose. The diameter of the four (4) cardinal points of the compass rose shall be no smaller than one and one-half (1½) inches by one and one-half (1½) inches. The circular shape in the foreground shall be divided into four (4) quadrants. The northeast quadrant shall contain a fleur de lis, once used as the armorial emblem of French sovereigns. The southeast quadrant shall contain a depiction of two (2) building structures representative of historic Main Street. The southwest quadrant shall contain two (2) leaves. The northwest quadrant shall contain a depiction of a river that is representative of the Missouri River. The four (4) quadrants of the circular shape shall be surrounded by a scroll that is inscribed with the words "CITY OF SAINT CHARLES - EST. 1809". A banner shall drape across the bottom of the circle, touching the southeast and southwest ordinal points and shall be inscribed with the word "MISSOURI".
Custodian—Use. The City Clerk shall keep the Seal of the City in his/her office and shall affix the same to all instruments of writing of whatsoever nature, when required by ordinance, resolution or order of the City Council or on direction of the Mayor. The City Clerk is also authorized to affix the Seal of the City to copies of all records and documents, whenever thereto required by any person and for such services such person shall pay to the City fifty cents ($.50) for each certificate.
State Law Reference—City seal authorized, §77.010, RSMo.
[R.O. 2009 §11.02; Ord. No. 03-156, 7-8-2003]
The Redbud, scientifically designated as Cercis Canadensis, is declared to be the arboreal emblem of the City of St. Charles and the City shall recognize it as the official City tree and encourage its cultivation on account of the beauty of its flower and foliage.
[R.O. 2009 §11.03; Ord. No. 03-218, 9-3-2003]
The Purple Coneflower, scientifically designated as Echinacea Purpurea (Asteraceae), is declared to be the floral emblem of the City of St. Charles and the City shall recognize it as the official flower of the City and encourage its cultivation on account of the beauty of its flower and foliage.