State Law References
Appointive officers — RSMo. 79.230.
City prisoners, installment payment of fines — RSMo.
71.220.
Enactment of ordinances — RSMo. 79.110, 79.130.
Limitation on penalty — RSMo. 79.470.
Ordinances to conform to state law — RSMo. 71.010.
Ordinances under police power, etc. — RSMo.
79.110, 79.450.
Ordinances, how passed — RSMo. 79.130.
Statutory definitions, rules of construction — RSMo.
1.020 et seq.
Suppression of nuisances — RSMo. 71.780.
[Code 1965, § 101]
(a) Title. This Code of Ordinances may be known and cited as the Municipal
Code of the City of Crestwood, Missouri.
(b) 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).
[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.
STATE
The State of Missouri.
THIS CODE
The Municipal Code of the City of Crestwood, Missouri.
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.
[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.
[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.
[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.
[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.
[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.
[Code 1965, § 1.11]
Copies of this Code shall be kept available at the City Clerk/Collector's
office for public inspection.
[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.
[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.
(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:
(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:
a. Civil Service Job Classification and Salary Report;
b. City of Crestwood, Missouri Personnel Policy Manual;
c. Employee guide for the City of Crestwood; and
d. Grievance Procedures Manual.
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.
(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.
(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.
[Ord. No. 5308, 11-22-2022]
Any reference in this Code to the "Director of Public Services"
shall mean the "Director of Public Works."