City of Kirkwood, MO
St. Louis County
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Table of Contents
Table of Contents
The ordinances embraced in the following chapters and sections shall constitute and be designated the "Code of Ordinances, City of Kirkwood, Missouri," and may be so cited.
[Gen. Ords. 1959, § 1.05; Ord. No. 7230, § 1, 7-19-1984]
In the construction of this Code, and of all ordinances, the following rules shall be observed unless such construction would be inconsistent with the manifest intent of the Council:
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 record of the signature of the recipient.
[Ord. No. 10492, 6-7-2018]
CHARTER
Whenever the word "Charter" is used, it shall mean the Charter of the City of Kirkwood.
CHIEF ADMINISTRATIVE OFFICER
Whenever the words "Chief Administrative Officer" are used, they shall be construed to mean the Chief Administrative Officer for the City of Kirkwood.
CITY ATTORNEY
Whenever the words "City Attorney" are used, they shall be construed to mean the City Attorney of the City of Kirkwood.
CITY CLERK
Whenever the words "City Clerk" are used, they shall be construed to mean the City Clerk of the City of Kirkwood.
CITY CORPORATION
Whenever the words "the City," "this City," "the Corporation" or "this Corporation" are used, they shall be construed as if the words "of Kirkwood, St. Louis County, Missouri," followed them.
COMPUTATION OF TIME
In computing any period of time prescribed or allowed by this Code, by order of court, or by any applicable statute, the day of the act, event, or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday, or a legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, Sunday, nor a legal holiday. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation.
[Ord. No. 10492, 6-7-2018]
CORPORATE LIMITS; CORPORATION LIMITS
Whenever the words "Corporate limits," "Corporation limits" or "City limits" are used, they shall mean the legal boundary of the City of Kirkwood.
COUNCIL
Whenever the word "Council" is used, it shall be construed to mean the Mayor and Council members of the City of Kirkwood.
COUNCIL MEMBER
The words "Council member" shall mean any person elected to that office.
COUNTY
The words "the county" or "this 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 or an officer of the City to do some act or make certain inspections, it may be construed to authorize the head of the department or officer to designate, delegate and authorize subordinates to perform the required act or make the required inspections, unless the terms of the provision or section designate otherwise.
[Ord. No. 10492, 6-7-2018]
GENDER
A word importing the masculine gender only shall extend and be applied to females and to associations, firms, partnerships and corporations as well as to males.
[Ord. No. 10492, 6-7-2018]
INTERPRETATION
In the interpretation and application of any provision of this Code, it shall be held to be the minimum requirements 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 the general provision imposed by the Code, the provision imposing the greater restriction or regulation shall be deemed to be controlling.
JOINT AUTHORITY
All words giving a joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers, unless the terms of the provision or section designates otherwise.
KEEPER and PROPRIETOR
The words "keeper" and "proprietor" shall mean and include persons, firms, associations, corporations, clubs and partnerships, whether acting by themselves or through a servant, agent or employee.
MAYOR
Whenever the word "Mayor" is used, it shall mean the Mayor of the City of Kirkwood.
MONTH
The word "month" shall mean a calendar month.
MUNICIPAL JUDGE
Whenever the words "municipal judge" are used, they shall be construed to mean the Municipal Judge for the City of Kirkwood.
NAME OF OFFICER
Whenever the name of an officer is given, it shall be construed as though the words "of the City of Kirkwood" were added.
NONTECHNICAL AND TECHNICAL WORDS
Words and phrases shall be construed according to the common and approved usage of the language; but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.
NUMBER
A word importing the singular number only may extend and be applied to several persons and things as well as to one person and thing.
OATH
The word "oath" shall be construed to include 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."
OR; AND
"Or" may be read "and," and "and" may be read "or" if the sense requires it.
OWNER
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.
PERSON
The word "person" shall extend and be applied to associations, clubs, societies, firms, partnerships and bodies politic and corporate as well as to individuals.
PERSONAL PROPERTY
The term "personal property" includes every species of property except real property, as herein described.
PREMISES
Whenever the word "premises" is used, it shall mean place or places.
PROPERTY
The word "property" shall include real and personal property.
PUBLIC PLACE
The term "public place" shall mean any public street, park, cemetery, schoolyard, public library, municipal building or open space adjacent thereto.
REAL PROPERTY
The term "real property" shall include lands, tenements and hereditament.
RESIDENCE
The word "residence" shall be construed to mean the place adopted by a person as their place of habitation, and to which, whenever that person is absent, such person 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 their residence.
SEAL
Whenever the word "Seal" is used, it shall mean the City or Corporate Seal.
SIDEWALK
The word "sidewalk" shall mean any portion of a street between the curbline and the adjacent property line, intended for the use of pedestrians, excluding parkways.
SIGNATURE or SUBSCRIPTION
The "signature" or "subscription" of a person shall include a mark when the person cannot write.
STATE
The words "the state" shall be construed to mean the State of Missouri.
STREET
The word "street" shall be construed to embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts and all other public highways in the City.
TENANT; OCCUPANT
The words "tenant" or "occupant" applied to a building or land shall include any person holding a written or oral lease or who occupies the whole or a part of such buildings or lands, either alone or with others.
TENSE
Words used in the past or present tense include the future as well as the past and present.
WEEK
The word "week" shall be construed to mean seven days
WRITTEN; IN WRITING
The words "written" or "in writing" shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.
YEAR
The word "year" shall mean a calendar year.
The catch lines 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, or as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catch lines, are amended or reenacted.
When a law repealing a former law, clause or provision is itself repealed, it does not revive the former law, clause or provision, unless it is otherwise expressly provided; nor shall any law repealing any former law, clause or provision abate, annul or in any wise affect any proceedings had or commenced under or by virtue of the law so repealed, but the same is as effectual and shall be proceeded on to final judgment and termination as if the repealing law had not passed, unless it is otherwise expressly provided.
No offense committed and no fine, penalty or forfeiture incurred, or prosecution commenced or pending previous to or at the time when any statutory provision is repealed or amended, shall be affected by the repeal or amendment, but the trial and punishment of all such offenses, and the recovery of the fines, penalties or forfeitures shall be had, in all respects, as if the provision had not been repealed or amended, except that all such proceedings shall be conducted according to existing procedural laws.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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 a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code.
[Ord. No. 7230, § 2, 7-19-1984]
All ordinances passed subsequent to this Code of Ordinances which amend, repeal, or in any way affect this Code of Ordinances may be numbered in accordance with the numbering system of this Code and printed for inclusion therein. 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. The deletion of any portion of the Code shall be prima facie evidence of such subsequent ordinances causing such deletion.
Amendments to any of the provisions of this Code should specifically refer to such Code sections. Additions to this Code should contain the Code sections to be added. Repeals of any provision of this Code should specifically refer to such Code sections.
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 Kirkwood to be misrepresented thereby. Any person, firm or corporation violating this section shall be punished as provided in § 1-8 hereof.
[Gen. Ords. 1959, § 1.07; Ord. No. 5533, § 1, 9-21-1972; Ord. No. 8845, § 1, 9-2-1999; Ord. No. 10288, § 1, 10-1-2015]
(a) 
Any person who violates any provision of this Code or any ordinance of the City is guilty of an offense.
(b) 
Upon conviction of an offense that is not a minor traffic violation and where no specific penalty is otherwise prescribed, the court may assess a fine of not less than $5 but not more than $1,000, or imprisonment for a period not exceeding three months, or by both such fine and imprisonment.
(c) 
Upon conviction of an offense for a minor traffic violation, the court shall not assess a fine, if combined with the amount of court costs, totaling in excess of $300 and the court shall not sentence a person to confinement, except the court may sentence to confinement for violations involving alcohol or controlled substances, violations endangering the health or welfare of others, and looting or giving false information to a law enforcement officer. A "minor traffic offense" is defined in Section 479.350, RSMo., as a municipal violation that does not involve an accident or injury, that does not involve the operation of a commercial motor vehicle, and for which the Department of Revenue is authorized to assess no more than four points to a person's driving record upon conviction. Minor traffic violations shall exclude a violation for exceeding the speed limit by more than 19 miles per hour or a violation occurring within a construction zone or school zone.
(d) 
Each day a violation of this Code or any ordinance of the City continues shall constitute a separate offense.
[1]
Cross Reference: Penalty for violation of Zoning Ordinance; App. A, § A-1120.
[Ord. No. 7230, § 3, 7-19-1984]
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 City Attorney may elect under which to proceed; but not more than one recovery of fine or imprisonment shall be had against the same person for the same offense.
[Ord. No. 10492, 6-7-2018]
(a) 
Pursuant to Sections 3.9(d) and 3.10 and of the Charter of the City of Kirkwood and Section 71.943 of the Revised Statutes of Missouri, the codification of ordinances as set out in Chapters 1 through 25 and Appendixes A through F, inclusive, of the "Code of Ordinances of the City of Kirkwood, County of St. Louis, State of Missouri," is hereby adopted and enacted as the "Code of Ordinances of the City of Kirkwood"; which Code shall supersede all other general and permanent ordinances of the City passed on or before January 4, 2018, to the extent provided in § 1-12 hereof.
(b) 
Substantive revisions to existing provisions have been made throughout the Code to bring provisions into conformity with statute and the desired policies of the City Council, and it is the intent of the City Council that all such changes be adopted as part of the Code as if the legislation so changed had been previously formally amended to read as such. Occurrences of such substantive revisions are denoted in the Code by the phrase "at time of adoption of Code" or the number and adoption date of this ordinance. All such changes and revisions shall be deemed to be in effect as of the effective date of the Code specified in § 1-11 of this ordinance.
(c) 
In addition, the following nomenclature changes are made throughout the new Code:
(1) 
All of the following titles are changed to read "Director of Public Services": "Public Works Director"; "Director of Public Works"; "Director of the Water Department"; "Superintendent of the Water Department"; "Superintendent of Water System."
(2) 
The titles "Public Works Department" and "Department of Public Works" are changed to read "Public Services Department" and "Department of Public Services."
(3) 
All of the following titles are changed to read "Director of Finance": "Finance Director"; "City Collector"; "Comptroller"; "Treasurer."
(4) 
The titles "Park Supervisor" and "Park Superintendent" are changed to read "Director of Parks and Recreation."
(5) 
The title "State Highway Commission" is updated to read "State Highways and Transportation Commission."
[Ord. No. 10492, 6-7-2018]
All provisions of such Code shall be in full force and effect from and after the effective date of this ordinance as set forth herein.
[Ord. No. 10492, 6-7-2018]
(a) 
All ordinances of a general and permanent nature of the City adopted on final passage on or before January 4, 2018, and not included in such Code or recognized and continued in force by reference therein, are hereby repealed from and after the effective date of this ordinance, except those which may be specifically excepted by separate ordinance, and except the following which are hereby continued in full force and effect, unless specifically repealed by separate ordinance:
(1) 
Ordinances promising or guaranteeing the payment of money for the City, or authorizing the issuance of any bonds or notes of the City or any other evidence of the City's indebtedness, or authorizing any contract or obligation assumed by the City.
(2) 
Ordinances levying taxes or making special assessments.
(3) 
Ordinances appropriating funds or establishing salaries and compensation, and providing for expenses.
(4) 
Ordinances granting franchises or rights to any person, firm or corporation.
(5) 
Ordinances relating to the dedication, opening, closing, naming, establishment of grades, improvement, altering, paving, widening or vacating of streets, alleys, sidewalks or public places.
(6) 
Ordinances authorizing or relating to particular public improvements.
(7) 
Ordinances respecting the conveyances or acceptance of real property or easements in real property.
(8) 
Ordinances dedicating, accepting or vacating any plat or subdivision in the City or any part thereof, or providing regulations for the same.
(9) 
Ordinances annexing property to the City.
(10) 
All zoning and subdivision ordinances not specifically repealed and not included herein.
(11) 
Ordinances establishing TIF districts or redevelopment districts.
(12) 
Ordinances relating to traffic schedules (e.g., stop signs, parking limits, etc.) not specifically repealed and not included herein.
(13) 
All ordinances relating to personnel regulations (e.g., pensions, retirement, job descriptions and insurance, etc.) not specifically repealed and not included herein.
(14) 
Ordinances authorizing the establishment of industrial development corporations.
(15) 
Ordinances establishing tax rates for the City.
(16) 
Ordinances establishing utility rates and charges not specifically repealed and not included herein.
(b) 
The repeal provided for in this section shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance which is repealed by this ordinance.
(c) 
The repeal provided for in this section shall not affect any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of this ordinance, nor shall it affect any prosecution, suit or proceeding pending or any judgment rendered prior to such date.
(d) 
No resolution of the City is hereby repealed.
[Ord. No. 10492, 6-7-2018]
Any and all additions and amendments to such Code when passed in such form as to indicate the intention of the City Council to make the same a part thereof shall be deemed to be incorporated in such Code so that reference to the "Code of Ordinances of the City of Kirkwood" shall be understood and intended to include such additions and amendments.
[Ord. No. 10492, 6-7-2018]
(a) 
Except as hereinafter provided, whenever in any rule, regulation or order promulgated pursuant to such ordinances of the City, any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in such City ordinance, rule, regulation or order doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the violation of any such ordinance of the City, or of any rule, regulation or order promulgated pursuant to such City ordinance, shall be punished by a fine of not less than $5 but not more than $1,000 or by imprisonment for a period not to exceed three months, or by both such fine and imprisonment. Convictions of minor traffic violations shall be subject to § 1-8(c) of the City Code.
(b) 
Whenever any provision of the Revised Statutes of Missouri or other Statute of the State limits the authority of the City to punish the violation of any particular provision of these ordinances or rules, regulations or orders promulgated pursuant thereto to a fine of less amount than that provided in this section or imprisonment for a shorter term than that provided in this section, the violation of such particular provision of these ordinances or rules, regulations or orders shall be punished by the imposition of not more than the maximum fine or imprisonment so authorized, or by both such fine and imprisonment.
(c) 
Whenever any provision of the Revised Statutes of Missouri or other Statute of the State establishes a penalty differing from that provided by this section for an offense similar to any offense established by these ordinances, rules, regulations or other orders of the City, the violation of such City law, ordinance, rule, regulation or order shall be punished by the fine or imprisonment established for such similar offense by such state law.
(d) 
Each day any violation of these ordinances, rules, regulations or orders promulgated pursuant thereto shall continue shall constitute a separate offense, unless otherwise provided.
(e) 
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.
[Ord. No. 10492, 6-7-2018]
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 § 1-14 of this ordinance 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.
[Ord. No. 10492, 6-7-2018]
A copy of such Code shall be kept on file in the office of the City Clerk, preserved in loose-leaf form or in such other form as the City Clerk may consider most expedient. It shall be the express duty of the City Clerk, or someone authorized by said officer, to insert in their designated places all amendments and all ordinances or resolutions which indicate the intention of the City Council to make the same part of such Code when the same have been printed or reprinted in page form and to extract from such Code all provisions which from time to time may be repealed by the City Council. This copy of such Code shall be available for all persons desiring to examine the same.
[Ord. No. 10492, 6-7-2018]
It shall be unlawful for any person to change or alter by additions or deletions any part or portion of such 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 Kirkwood to be misrepresented thereby. Any person violating this section shall be punished as provided in § 1-14 of this ordinance.
[Ord. No. 10492, 6-7-2018]
It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance and the Code hereby adopted are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance or the Code hereby adopted shall be declared unconstitutional or otherwise 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 ordinance or the Code hereby adopted.
[Ord. No. 10492, 6-7-2018]
This ordinance and the Code adopted hereby shall become effective June 7, 2018.