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:
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]
Whenever the word "Charter" is used, it shall mean the Charter
of the City of Kirkwood.
Whenever the words "Chief Administrative Officer" are used,
they shall be construed to mean the Chief Administrative Officer for
the City of Kirkwood.
Whenever the words "City Attorney" are used, they shall be
construed to mean the City Attorney of the City of Kirkwood.
Whenever the words "City Clerk" are used, they shall be construed
to mean the City Clerk of the City of Kirkwood.
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.
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]
Whenever the words "Corporate limits," "Corporation limits"
or "City limits" are used, they shall mean the legal boundary of the
City of Kirkwood.
Whenever the word "Council" is used, it shall be construed
to mean the Mayor and Council members of the City of Kirkwood.
The words "Council member" shall mean any person elected
to that office.
The words "the county" or "this 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 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]
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]
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.
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.
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.
Whenever the word "Mayor" is used, it shall mean the Mayor
of the City of Kirkwood.
The word "month" shall mean a calendar month.
Whenever the words "municipal judge" are used, they shall
be construed to mean the Municipal Judge for the City of Kirkwood.
Whenever the name of an officer is given, it shall be construed
as though the words "of the City of Kirkwood" were added.
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.
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.
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" 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.
The word "person" shall extend and be applied to associations,
clubs, societies, firms, partnerships and bodies politic and corporate
as well as to individuals.
The term "personal property" includes every species of property
except real property, as herein described.
Whenever the word "premises" is used, it shall mean place
or places.
The word "property" shall include real and personal property.
The term "public place" shall mean any public street, park,
cemetery, schoolyard, public library, municipal building or open space
adjacent thereto.
The term "real property" shall include lands, tenements and
hereditament.
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.
Whenever the word "Seal" is used, it shall mean the City
or Corporate Seal.
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.
The "signature" or "subscription" of a person shall include
a mark when the person cannot write.
The words "the state" shall be construed to mean the State
of Missouri.
The word "street" shall be construed to embrace streets,
avenues, boulevards, roads, alleys, lanes, viaducts and all other
public highways in the City.
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.
Words used in the past or present tense include the future
as well as the past and present.
The word "week" shall be construed to mean seven days
The words "written" or "in writing" shall be construed to
include any representation of words, letters or figures, whether by
printing or otherwise.
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.
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)Â
Any person who violates any provision of this Code or any ordinance
of the City is guilty of an offense.
(b)Â
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)Â
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)Â
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)Â
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)Â
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)Â
In addition, the following nomenclature
changes are made throughout the new Code:
(1)Â
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)Â
The titles "Public Works Department" and "Department of Public Works"
are changed to read "Public Services Department" and "Department of
Public Services."
(3)Â
All of the following titles are changed to read "Director of Finance":
"Finance Director"; "City Collector"; "Comptroller"; "Treasurer."
(4)Â
The titles "Park Supervisor" and "Park Superintendent" are changed
to read "Director of Parks and Recreation."
(5)Â
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)Â
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)Â
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)Â
Ordinances levying taxes or making special assessments.
(3)Â
Ordinances appropriating funds or establishing salaries and compensation,
and providing for expenses.
(4)Â
Ordinances granting franchises or rights to any person, firm or corporation.
(5)Â
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)Â
Ordinances authorizing or relating to particular public improvements.
(7)Â
Ordinances respecting the conveyances or acceptance of real property
or easements in real property.
(8)Â
Ordinances dedicating, accepting or vacating any plat or subdivision
in the City or any part thereof, or providing regulations for the
same.
(9)Â
Ordinances annexing property to the City.
(10)Â
All zoning and subdivision ordinances not specifically repealed
and not included herein.
(11)Â
Ordinances establishing TIF districts or redevelopment districts.
(12)Â
Ordinances relating to traffic schedules (e.g., stop signs,
parking limits, etc.) not specifically repealed and not included herein.
(13)Â
All ordinances relating to personnel regulations (e.g., pensions,
retirement, job descriptions and insurance, etc.) not specifically
repealed and not included herein.
(14)Â
Ordinances authorizing the establishment of industrial development
corporations.
(15)Â
Ordinances establishing tax rates for the City.
(16)Â
Ordinances establishing utility rates and charges not specifically
repealed and not included herein.
(b)Â
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)Â
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)Â
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)Â
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)Â
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)Â
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)Â
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)Â
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.
