City of Crestwood, MO General Provisions

Amendments. Any additions or amendments to this Code are incorporated in this Code so that a reference to the Municipal Code of the City of Crestwood, Missouri, includes such additions and amendments.

(c)

Numbering of sections. Each section number of this Code shall consist of two component parts separated by a hyphen, the figure before the hyphen referring to the chapter number and the figure after the hyphen referring to the position of the section within the chapter.

(d)

Numbering additions. The hyphen system (plus the decimal system if desired or necessary) shall be used for all additions or amendments to this Code. When a chapter or section is to be added, the new chapter or section shall be given a hyphenated character (and a decimal character if desired or necessary).

§ 1-2 Definitions.

[Code 1965, § 1.02; Ord. No. 933, § 1, 5-10-1966; Ord. No. 1554, 2-11-1975]

(a)

Terms used in this Code, unless otherwise specifically defined, have the meanings prescribed by the Revised Statutes of Missouri for the same terms.

(b)

Terms used in this Code have the following meanings:

APPOINTMENT BY THE MAYOR

All persons holding any office which is to be filled by appointment by the Mayor shall hold such office for a term expiring with that of the Mayor, unless otherwise specified by ordinance.

BOARD OF ALDERMEN, BOARD, GENERAL TITLES

The Board of Aldermen of the City of Crestwood, and similarly the title of any officer, board or commission shall refer to such officer, board or commission of the City of Crestwood, unless otherwise stated.

CITY

The City of Crestwood, Missouri.

CITY COUNSELOR

The City Attorney, unless the contrary intent clearly appears, and shall be construed to include Assistant City Attorneys and special counsel in their capacities acting as assistants to the City Attorney.

COUNTY

St. Louis County, Missouri.

GENDER

The masculine gender includes the feminine and neuter genders.

NUMBER

The singular includes the plural.

ORDINANCES

The ordinances of the City of Crestwood and all amendments thereto.

PERSON

Any natural individual, firm, partnership, trust, association, joint-stock company or corporation. As applied to partnerships or associations the word includes the partners or members thereof; and as applied to corporations it includes the officers, agents or employees thereof who are responsible for the act referred to.

REVISED STATUTES OF MISSOURI, RSMO.

The latest published edition of the Revised Statutes of Missouri, and all amendments thereto.

STATE

The State of Missouri.

THIS CODE

The Municipal Code of the City of Crestwood, Missouri.

§ 1-3 Catchlines of sections.

The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the sections and shall not be deemed or taken to be titles of such sections, or as any part of the sections, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted.

§ 1-4 Jurisdiction.

[Code 1965, § 1.05]

Unless otherwise provided in this Code, this Code applies to acts performed within the corporate limits of the City. Provisions of this Code 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.

§ 1-5 Responsibility for acts.

[Code 1965, § 1.07]

Every person concerned in the commission of an act prohibited by this Code, whether he directly commits the act or prosecutes, counsels, aids or abets in its commission, may be prosecuted and on conviction is punishable as if he had directly committed such act.

§ 1-6 Penalties.

[Code 1965, § 1.06; Ord. No. 1291, 9-28-1971; Ord. No. 3964, § 1, 6-13-2006]

(a)

Standard penalties. Unless another penalty is expressly provided by this Code for any particular provision, section or chapter, any person violating any provision of this Code, or any rule, regulation or order adopted or issued in pursuance thereof, or any provision of any code adopted herein by reference, shall, upon conviction, be subject to a fine of not more than $1,000 or a jail sentence not to exceed 90 days or both, 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 costs of prosecution may also be imposed.

(b)

Each day a violation. Where notice has been given to cease a violation or abate a nuisance, or where a person has been convicted for any violation of this Code, each act of violation and every day upon which a violation occurs or continues thereafter constitutes a separate offense.

(c)

Offense. When in this Code, the doing of any act or the omission to perform any required act or duty is declared to be unlawful, prohibited, forbidden, an offense or a misdemeanor, any person who performs such act, or fails to perform any required act or duty shall be deemed to have violated this Code and shall be guilty of an offense, and shall be subject to the penalties provided in this section.

(d)

Applicability. The penalties provided by the section apply to the amendment of any section of this Code or any Code adopted herein by reference, whether or not such penalty is re-enacted in the amendatory ordinance.

(e)

Aiding/abetting. When in this Code, or any amendments thereto, the doing of an act or the omission to perform any required act or duty constitutes an offense, such offense shall extend to and include the causing, securing, aiding or abetting of another person to commit said offense. Likewise, any attempt to commit an offense constitutes an offense for purposes of this section.

(f)

Reference to sections. Reference to any section of this Code shall be understood also to refer to and include the penalty section relating thereto, unless otherwise expressly provided.

(g)

Failure of officers to perform duties. The failure of any officer or employee of the City to perform any official duty imposed by this Code shall not be an offense and shall not subject such officer or employee to the penalty imposed for a violation of this Code, unless a penalty is specifically provided.

§ 1-7 Separability of provisions.

[Code 1965, § 1.09]

Each section, paragraph, sentence, clause and provision of this Code is separable, and if any provision is held unconstitutional or invalid for any reason, such decision shall not affect the remainder of this Code nor any part thereof, other than that part affected by such decision.

§ 1-8 Effective date.

[Code 1965, § 1.10]

This Code shall take effect upon passage and approval and publication in book form under the authority of the Board of Aldermen.

§ 1-9 Copies on file.

[Code 1965, § 1.11]

Copies of this Code shall be kept available at the City Clerk/Collector's office for public inspection.

§ 1-10 Repeal of ordinances.

[Code 1965, § 1.03]

(a)

All general ordinances or parts thereof heretofore adopted and not included in this Code are repealed, except those which may be specifically excepted by separate ordinance, and except the following which are hereby continued in full force and effect:

(1)

Ordinances authorizing contracts or the issue of municipal notes or bonds;

(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 corporations;

(5)

Ordinances relating to the dedication, opening, establishment of grades, improvement, altering, widening or vacating of streets, alleys, sidewalks or public places;

(6)

Ordinances respecting the conveyances or acceptance or real property or easements in real property;

(7)

Ordinances authorizing or relating to particular public improvements;

(8)

Ordinances relating to air pollution, food establishments, health, rodent control and pesticides; and

(9)

Any other special ordinances not in conflict with the provisions of this Code.

(b)

The provisions of this Code, so far as they are the same in substance as those of heretofore existing ordinances, are continuations of such ordinances and not new enactments. Any act done, offense committed or right accruing or acquired, or liability, penalty, forfeiture or punishment incurred prior hereto shall not be affected, but may be enjoyed, asserted, enforced, prosecuted or inflicted as fully and to the same extent as if the above repeal had not been effected.

§ 1-11 Zoning Ordinance continued.

[Code 1965, § 1.04]

The Zoning Ordinance of the City, known as Ordinance No. 16, as amended and supplemented, is not repealed by this Code but shall remain in full force and effect. The contents of the Zoning Ordinance appear as Chapter 26 in this Code, with certain minor changes in the numbering system and in other minor details, but without any change in substance, for information and convenience only, but Chapter 26 does not constitute a part of this Code.

§ 1-12 Provisions adopted by reference.

(a)

Within this Code, the following provisions are adopted by reference:

(1)

The Missouri Municipal Records Manual;

(2)

The St. Louis County Air Pollution Control Code;

(3)

The following codes of St. Louis County:

Building;

Electrical;

Elevators;

Explosives;

Mechanical;

Plumbing; and

Weights and measures;

(4)

The BOCA Basic Fire Prevention Code;

(5)

Areas of special flood hazard identified by the federal insurance administration;

(6)

The United States Food and Drug Administration "Food Service Sanitation Ordinance;"

(7)

The Missouri Model Traffic Ordinance; and

(8)

The following personnel manuals:

Civil Service Job Classification and Salary Report;

City of Crestwood, Missouri Personnel Policy Manual;

Employee guide for the City of Crestwood; and

Grievance Procedures Manual.

§ 1-13 Amendments to Code — effect.

Any and all additions and amendments to this Code, when passed in such form as to indicate the intention of the Board of Aldermen to make the same a part hereof, shall be deemed to be incorporated in this Code so that reference to the "Municipal Code of the City of Crestwood, Missouri," shall be understood and intended to include such additions and amendments.

§ 1-14 Same — language.

(a)

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 Municipal Code of the City of Crestwood, Missouri, is hereby amended to read as follows: _____ (set out new provisions in full) _____."

(b)

If a new section not heretofore existing in this Code is to be added, the following language may be used: "That the Municipal Code of the City of Crestwood, Missouri, is hereby amended by adding a section (or article, chapter or other designation as the case may be), to be numbered _____, which reads as follows: _____ (set out new provisions in full) _____."

(c)

In lieu of subsection (a) hereof, when the Board of Aldermen desires to enact an ordinance of a general and permanent nature embracing a subject not previously existing in the Code, which the board desires to incorporate into the Code, a provision in substantially the following language may be made part of such ordinance: "It is the intention of the Board of Aldermen, and it is hereby ordained, that the provisions of this ordinance shall become and be made a part of the Municipal Code of the City of Crestwood, Missouri, and the sections of this ordinance may be renumbered to accomplish such intention."

(d)

All sections, articles, chapters or other provisions of this Code desired to be repealed should be specifically repealed by section number, article number, chapter number or other number, as the case may be.

§ 1-15 Supplementation of Code.

(a)

By contract, supplements to this Code shall be prepared and printed whenever authorized or directed by the Board of Aldermen. A supplement to the Code shall include all substantive permanent and general parts of ordinances passed by the board or adopted by initiative and referendum during the period covered by the supplement and all changes made thereby in the Code. The pages of a supplement shall be so numbered that they will fit properly into the Code and will, where necessary, replace pages which have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the Code will be current through the date of the adoption of the latest ordinance included in the supplement.

(b)

In the preparation of a supplement to this Code, all portions of the Code which have been repealed shall be excluded from the Code by the omission thereof from reprinted pages.

(c)

When preparing a supplement to this Code, the codifier (meaning the person, agency or organization authorized to prepare the supplement) may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified Code. For example, the codifier may:

(1)

Organize the ordinance material into appropriate subdivisions;

(2)

Provide appropriate catchlines, headings and titles for sections and other subdivisions of the Code printed in the supplement, and make changes in such catchlines, headings and titles;

(3)

Assign appropriate numbers to sections and other subdivisions to be inserted in the Code and, where necessary to accommodate new material, change existing section or other subdivision numbers;

(4)

Change the words "this ordinance" or words of the same meaning to "this chapter," "this article," "this division," etc., as the case may be, or to "sections _____ to _____" (inserting section numbers to indicate the sections of the Code which embody the substantive sections of the ordinance incorporated into the Code); and

(5)

Make other nonsubstantive changes necessary to preserve the original meaning of ordinance sections inserted in 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.

§ 1-16 Director of Public Works, how designated.

[Ord. No. 5308, 11-22-2022]

Any reference in this Code to the "Director of Public Services" shall mean the "Director of Public Works."