Note — Ordinance no. 5220, adopted September 8, 2011, adopted a new policy concerning the "open meetings and records policy" for the city. This policy is set out in ch. 160 of this code.
[R.O. 2008 §1-1]
This Code shall be known and may be cited as the "Code of Ordinances, City of Creve Coeur, Missouri" or simply as "the Code of Ordinances" or "the Code".
[R.O. 2008 §1-3; Ord. No. 4092 §1, 7-9-2007]
In the construction of this Code and of all ordinances of the City, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the City Council or the context clearly requires otherwise:
- The words "the City" or "this City" shall be construed as if followed by the words "of Creve Coeur, Missouri".
- CITY COUNCIL
- The words "City Council" or "Council" shall mean the City Council of the City of Creve Coeur, Missouri. Any reference to "Board of Aldermen" shall be interpreted to mean the City Council.
- The words "the Code" or "this Code" shall mean the "Code of Ordinances, City of Creve Coeur, Missouri".
- COMPUTATION OF TIME
- The time in which any act provided by law is to be done is computed by excluding the first (1st) day and including the last, unless the last day is a Sunday, in which case it shall also be excluded.
- The words "the County" or "this County" shall mean the County of St. Louis, Missouri.
- Any period of twenty-four (24) hours.
- The period of time between sunrise and sunset.
- 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 CITY
- Includes all territory over which the City now has or shall hereafter acquire jurisdiction for the exercise of its police powers or other regulatory powers.
- JOINT AUTHORITY
- All words giving a joint authority to three (3) or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.
- A calendar month.
- The period of time between sunset and sunrise.
- Whenever, in any Statute, words importing the plural number are used in describing or referring to any matter, parties or persons, any single matter, party or person is included, although distributive words are not used.
- Includes an affirmation in all cases in which, by law, an affirmation may be substituted for an oath and in such cases, the word "swear" or "sworn" shall be equivalent to the words "affirm" and "affirmed".
- OFFICERS, DEPARTMENTS, ETC.
- Officers, departments, boards, commissions, committees and employees referred to in this Code shall mean officers, departments, boards, commissions, committees and employees of the City of Creve Coeur, unless the context clearly indicates otherwise.
- OFFICIAL TIME
- Whenever certain hours are named in this Code, they shall mean Central Standard Time or Daylight-Saving Time, as may be in current use in the City.
- OR, AND
- "Or" may be read "and", and "and" may be read "or", if the sense requires it.
- The word "owner", applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of such building or land.
- Includes any person, firm, association, organization, partnership, business trust, corporation or company and any other group acting as a unit. It shall also include an executor, administrator, trustee, receiver or other representative appointed according to law. Whenever the word "person" is used in any Section of this Code prescribing a fine or penalty, as to partnerships or associations, the word shall include the partners or members thereof and as to corporations, shall include the officers, agents or members thereof who are responsible for any violation of such Section.
- PERSONAL PROPERTY
- Includes money, goods, chattels, things in action and evidences of debt.
- PRECEDING, FOLLOWING
- Next before and next after, respectively.
- Includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature.
- Includes real and personal property.
- REAL PROPERTY
- Coextensive with lands, tenements and hereditaments.
- SHALL, MAY
- "Shall" is mandatory; "MAY" is permissive.
- SIGNATURE OR SUBSCRIPTION BY MARK
- Includes a mark when the signer or subscriber cannot write, such signer's or subscriber's name being written near the mark by a witness who writes his/her own name near the signer's or subscriber's name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two (2) witnesses so sign their own names thereto.
- The words "the State" or "this State" shall be construed to mean the State of Missouri.
- TENANT OR OCCUPANT
- The word "tenant" or "occupant", applied to a building or land, shall include any person holding a written or an oral lease of or who occupies the whole or a part of such building or land, either alone or with others.
- The present tense includes the past and future tenses and the future includes the present.
- Seven (7) consecutive days.
- Includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement or record is required or authorized by this Code, it shall be made in writing in the English language, unless expressly provided otherwise.
- A calendar year beginning January first (1st) and ending on the following December thirty-first (31st), except where otherwise provided.
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.
State Law References — Definitions, rules of construction, §§1.020, 1.030, 1.040, 1.050, RSMo.
[R.O. 2008 §1-4]
The provisions appearing in this Code, so far as they are the same as those of ordinances existing at the time of the effective date of this Code, shall be considered as continuations thereof and not as new enactments.
[R.O. 2008 §1-5]
The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect unless otherwise expressly provided in such ordinance.
The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for any offense committed under the ordinance repealed.
Whenever any ordinance or part of an ordinance shall be revised, repealed or modified by a subsequent ordinance, the ordinance or part of ordinance thus revised, repealed or modified shall continue in force until the due publication of the ordinance repealing or modifying the same, where publication is required by law.
[R.O. 2008 §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 or invalid by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and Sections of this Code.
[R.O. 2008 §1-7]
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. 2008 §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 City 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 __________ 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. 2008 §1-9]
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 Creve Coeur to be misrepresented thereby. Any person, firm or corporation violating this Section shall be punished as provided in Section 100.090 hereof.
[R.O. 2008 §1-10; Ord. No. 1972 §1, 12-14-1998; Ord. No. 5075 §2, 2-9-2009; Ord. No. 5624, 1-28-2019]
Where, by any provision of this Code or any other ordinance of the City or any rule or regulation promulgated pursuant thereto, the doing of or the failure to do any thing or act is prohibited, declared to be a misdemeanor, an offense or unlawful and no other penalty or punishment is provided therefor, the same shall be punishable by a fine not to exceed one thousand dollars ($1,000.00) or a jail sentence not to exceed three (3) months, or by both such fine and jail sentence unless a lesser penalty be required by law, in which event the punishment shall not exceed such lesser penalty required by law, any provision of this Code or other ordinance to the contrary notwithstanding. "Misdemeanor" shall be construed to mean a violation of any ordinance of the City.
Except as otherwise provided, every day any such violation shall continue shall constitute a separate offense.
[R.O. 2008 §1-11]
In all cases wherein the same offense may be made punishable or shall be created by different provisions of this Code or other ordinances of the City or by different clauses or Sections of the same ordinance, the prosecuting officer may elect under which to proceed, but not more than one (1) recovery or penalty shall be had or enforced against the same person for the same offense, provided that the revocation of a license or permit shall not be considered a recovery or penalty so as to bar any other penalty or recovery being enforced or had.
[R.O. 2008 §1-12]
Every person who commits, attempts to commit, conspires to commit or aids or abets in the commission of any act declared herein to be unlawful or an offense or a misdemeanor, whether individually or in connection with one (1) or more other persons or as principal, agent or accessory, shall be guilty of such unlawful act or offense or misdemeanor and every person who falsely, fraudulently, forcibly or willfully induces, causes, coerces, requires, permits or directs another to violate any provision hereof shall likewise be guilty.
[Ord. No. 5624, 1-28-2019]
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.
- 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.
- 4. An individual or entity that is party to a contract with the applicant that pertains to a requested permit or approval.
- 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.
In enforcing or administering the ordinances of the City, subject to the provisions of Subsection (C), 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; or
The applicant or a related person or entity has failed to pay any tax, obligation or debt owed to the City.
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, forfeited or has expired, or for which the applicant is delinquent in obtaining any required inspection, the reviewing or enforcement officer may consider the status of any delinquency and any past violations of relevant law by the applicant or a related person or entity in deciding 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 there has been a delinquency or past violation within the preceding 24 months 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 or their intent to resolve the delinquency.
If a permit, license, franchise or other approval has been denied, suspended, revoked, forfeited or has expired, the applicant may not submit a new application for one (1) year from the date of the denial, suspension, revocation, forfeiture or expiration 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 Administrator within five (5) business days of said decision. The City Administrator may reverse or modify the decision of the reviewing or enforcement officer for good cause shown.