Discrimination. There shall be no discrimination with respect to any County position, contract or other County action because of race; creed; color; age; religion; national origin; gender; disability; ancestry; political affiliation or activity or lack thereof; or union membership or non-membership.
Any officer or employee of the County whose pay is fixed by this Charter or by ordinance may not receive additional pay for any other services or duties for the County.
No former Council member or former elected County Officer shall appear before any County official or body as an "Elected local government official lobbyist" as defined in Section 105.470, RSMo., until one (1) year after leaving the office to which the Council member or elected County Officer was elected.
No former elected County Officer shall hold any compensated appointive office or employment with the County until one (1) year after the expiration of the term for which the elected County Officer was elected. Nothing in this Section shall be construed to prohibit the County or the Council from selecting any current or former elected County Officer to represent the County on the governing boards of any regional or other intergovernmental agency.
Automated Traffic Enforcement Systems. Notwithstanding any other provision of this St. Charles County Charter, red light cameras or similar photograph devices or automated traffic enforcement systems may not be used in enforcing traffic regulations adopted by St. Charles County or by any municipality within St. Charles County that prohibit drivers from entering intersections when controlled by red traffic lights, and no such municipality may exercise the legislative power to use such cameras or devices or systems. This prohibition is the only limit imposed by this Charter upon the County or any municipality within it in performing their functions of regulating traffic and imposes no additional costs that need to be financed.
The Articles, Sections, Paragraphs, Subparagraphs, sentences, clauses, and all other parts of this Charter are severable, it being the purpose of this Charter to provide for the Government of St. Charles County, Missouri, in compliance in all respects with applicable law governing said County. If a court of competent jurisdiction shall adjudge invalid any one (1) or more Articles, Sections, Paragraphs, Subparagraphs, sentences, clauses or other parts of this Charter, such judgment or decree shall not affect, impair, invalidate or nullify the remainder of this Charter, but the effect thereof shall be confined to the Articles, Sections, Paragraphs, Subparagraphs, sentences, clauses or other parts of this Charter so adjudged to be invalid or unconstitutional.
Other provisions in this Charter notwithstanding, no department head appointed prior to the adoption of this Charter shall be required to fulfill residency qualifications as specified herein; excepting, however, that if at the time of adoption of this Charter, or any time thereafter, a department head is, or becomes a resident of St. Charles County, such residency qualifications shall be required as specified.
No officer or employee of the County, whether elected or appointed, shall in any manner whatsoever be interested in or receive any benefit from the profits or emoluments of any contract, job, work, activity, function, or service for the County. No officer or employee shall act or refrain from acting in any capacity in which he is lawfully empowered to act as such an official or employee by reason of any payment, offer to pay, promise to pay, or receipt of anything of actual pecuniary value, other than compensation to be paid by the County. No candidate for County office, County officer-elect, serving County officer or County employee shall knowingly accept any service or thing of value, directly or indirectly, from any person, firm or corporation having dealings with the County, upon more favorable terms than those granted to the public generally. The County shall make a list of entities having dealings with the County available to all candidates and County officer-elects as well as serving County officers and employees. No officer or employee shall knowingly receive, directly or indirectly, any part of any fee, commission or other compensation paid by or payable to the County, or by any person in connection with any dealings with the County, or by any person in connection with any dealing with or proceedings before any office, officer, department, board, commission or other agency of the County. No such officer or employee shall directly or indirectly be the broker or agent who procures or receives any compensation in connection with the procurement of any type of bonds for County Officers, employees or persons or firms doing business with the County guaranteeing the performance of any contract with the County.
No officer or employee shall use confidential information obtained in the course of or by reason of his employment or official capacity in any manner with intent to result in financial gain for himself, his spouse, his dependent child in his custody, or any business with which he is associated. No officer or employee shall disclose confidential information obtained in the course of or by reason of his employment or official capacity in any manner with intent to result in financial gain for himself or any other person.
The provisions of this Section shall be broadly construed and strictly enforced for the purpose of preventing candidates for County office, County officers elect, or serving County officers and employees from securing any pecuniary advantages, however indirect, from their public affiliations, other than their County compensation.
Any officer or employee of the County who willfully conceals any such interest or violates any of the provisions of this Section shall forfeit his office. Any contract made in violation of this Section may be declared void by the County Executive or by resolution of the County Council.
The County Council may enact ordinances to guard against injustices and to supplement the provisions and extend prohibitions against conflicts of interest not inconsistent herewith.
All officers and employees of the County shall be bound by all applicable laws that pertain to conflicts of interest of such officers and employees such as those contained in the Revised Statutes of Missouri, 1991, or its successor Statutes.
In order to eliminate duplication of services and to provide for an equitable distribution of costs to all County residents, all departments, officers, boards and commissions provided for in this Charter, or later created, shall cooperate and coordinate their respective activities with the cities, towns, and villages and special purpose districts of the County. Any new service or activity provided for or available to all unincorporated County residents, shall be provided to or made available for all municipal residents provided such new service or activity is requested by resolution of the city, town, or village.
Any City, Town, or Village of this County may contract with the County for service delivery by either entity on a proportional cost basis. The County is hereby prohibited from setting fees or otherwise assessing charges in contracts with Cities, Towns, or Villages within the County in excess of the actual cost of delivering such service, excepting however, such State Statutory requirements for those charges such as for election or assessment of property. All service contracts and rates shall be subject to validation by independent audits by the City, Town, or Village.
Prior to the adoption of any ordinance submitting the question of incorporation of a city, town, or village, to the voters, or prior to the declaration that any town or village is incorporated, the County Council shall hold a public hearing to determine whether the proposed incorporation meets the requirements of applicable law.
The language of the ballot proposition of incorporation must state all taxes to be established to provide municipal services.
After determining the existence of the aforementioned circumstances, the ordinance of incorporation shall be passed upon the affirmative vote of a majority of the members of the County Council, subject to the approval of the County Executive.
Nothing in this Charter, nor any ordinance adopted by the County Council, shall prohibit the rebatement to the Cities, Towns, or Villages of road and bridge taxes collected on properties within such jurisdictions. The County shall continue its rebatement program and shall not reduce the percentage of tax rebated to Cities, Towns, or Villages below the percentage level rebated in the year 1991.
All equipment, facilities, infrastructure and other County held assets shall remain the property of County's residents and shall be uniformly available and procured for public use until disposed of as provided by applicable law.
The County shall not intervene, or otherwise participate, in favor of, or in opposition to, any annexation of territory to any City, Town, or Village, unless and until the City, Town or Village shall present a purported annexation to the County that County officials determine violates the requirements of the Missouri Constitution or Statutes. Either the County Prosecuting Attorney or the County Counselor shall have the authority to bring any appropriate legal action to resolve the validity of such annexation.
Nothing in this Charter, nor any ordinance adopted by the County Council, shall reduce or eliminate any County services provided within any municipality unless such service is uniformly reduced or eliminated throughout the County or except where mutually agreed by the affected City, Town, or Village.
This Charter and all ordinances, resolutions, orders and proceedings of the County Council may be proved by the certificate of the Registrar of the County Council under the County's Seal, and the same or copies thereof when so certified or when printed and published by authority of the County Council shall be received in evidence in cases and places, and by all courts, in accordance with law and Appellate Court decisions.
Copies of the books, records and papers, or parts thereof, of any department, office, officer, board, commission or agency of the County, and copies of any instrument filed for record or with the Registrar, when duly certified by the officer having custody and control thereof, shall be prima facie evidence of the recitals therein contained and shall be received in evidence in all places and by all courts without further proof, provided that same meet and comply with the rules of evidence as established by law and the decisions of the Appellate Courts of the State of Missouri.
If a Code or other volume or volumes containing this Charter or the ordinances, resolutions or orders of the County be published by authority of the County Council, the same shall be received in evidence in all courts and other places without further proof, provided that same meet and comply with the rules of evidence as established by law and the decisions of the Appellate Courts of the State of Missouri.
Any fees authorized by law to any officer or employee of the County or courts, except notaries public, shall be transferred to the General Fund of the County, unless otherwise provided by applicable law.
If before January 1, 1993, the County Commission was serving any Drainage District as its Board of Trustees, then after January 1, 1993, such Board of Trustees shall be appointed by the County Council from the residents of the Drainage District.
In the event that any of the powers or duties of Counties or County Officers prescribed by the Constitution or by Statute are withdrawn or assumed by the State, the implementation thereof and the closing or abolition of any County office may be effectuated by ordinance.
Elections for elective County offices shall be held on a partisan basis with independent candidates running in accordance with applicable law.
Filing fees and procedures shall be determined by applicable law.
The Director of Elections shall be the election authority for the County.
Before entering into his duties, every officer shall file with the Director of Elections a certificate of election or appointment and shall take and shall subscribe before and file with the Director of Elections, his oath or affirmation that he possesses all the qualifications of the office to which he is chosen, he is not subject to any disqualifications in this Charter named, that he will support the Constitution of the United States and of the State of Missouri and that he will demean himself faithfully in office.
[Ord. No. 18-070, 8-27-2018]
Title. This Section shall be known as the St. Charles County Smoke-Free Air Act of 2018.
Definitions. The following words and phrases, whenever used in this Section, shall have the meanings ascribed to them in this Subsection:
- An establishment devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, including, but not limited to, taverns, nightclubs, cocktail lounges, and cabarets.
- A sole proprietorship, partnership, joint venture, corporation, limited liability company (LLC), or other business entity, either for-profit or not-for-profit, including retail establishments where goods or services are sold; professional corporations and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered.
- An excursion gambling boat licensed or regulated by the Missouri Gaming Commission under provisions of Sections 313.800 to 313.850 of the Revised Statutes of the State of Missouri, as amended.
- CIGAR BAR
- A business with a permit to sell alcoholic beverages that generates twenty-five percent (25%) or more of its quarterly gross revenue from the sale of cigars, pipes, pipe tobacco, humidors and/or the rental of humidor space, has a humidor on the premises, and does not allow any individuals under eighteen (18) years of age to enter the establishment.
- ELECTRONIC SMOKING DEVICE
- Any product containing or delivering nicotine or any other substance intended for human consumption that can be used by a person in any manner for the purpose of inhaling vapor or aerosol from the product. The term shall include any such device, whether manufactured, distributed, marketed or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen, or under any other product name or descriptor.
- A person who is employed by an employer in consideration for direct or indirect monetary wages or profit or a person who volunteers his or her services for a non-profit entity.
- A person, business, partnership, association, corporation, including a municipal corporation, trust, or non-profit entity that employs the services of one (1) or more individual persons.
- Encompassing all space between a floor and a ceiling that is bounded on more than two (2) sides by walls, doorways, or windows, whether open or closed. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent and whether or not containing openings of any kind.
- GAMBLING FACILITY
- Any establishment where individuals may participate in bingo, gambling games of skill or chance on an excursion gambling boat, pari-mutuel wagering or any other form of gambling approved by amendment to the Missouri Constitution, including sports gambling.
- HEALTH CARE FACILITY
- An office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including, but not limited to, hospitals, rehabilitation hospitals or other clinics, including weight control clinics, nursing homes, long-term care facilities, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, psychiatrists, dentists, and all specialists within these professions. This definition shall include all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within health care facilities.
- A water pipe and any associated products and devices which are used to produce fumes, smoke, and/or vapor from the burning of material, including, but not limited to, tobacco, shisha, or other plant matter.
- MEMBERSHIP CLUB
- The facilities owned, operated, or leased by any organization, whether incorporated or not, which:
- 10.802.1. Is the owner, lessee, or occupant of a building or portion thereof used exclusively for club purposes at all times;
- 10.802.2. Is operated solely for a congressionally chartered veterans organization or for a recreational, fraternal, social, patriotic, political, benevolent, charitable, or athletic purpose, but not for pecuniary gain, and which only sells alcoholic beverages incidental to its operation;
- 10.802.3. The affairs and management of the organization are conducted by a board of directors, executive committee, or similar body chosen by the members at an annual meeting;
- 10.802.4. Has established bylaws and/or a constitution to govern its activities; and
- 10.802.5. Has been granted an exemption from the payment of Federal income tax as a club under 26 U.S.C. Section 501.
- PLACE OF EMPLOYMENT
- An area under the control of a public employer or private employer, including, but not limited to, work areas, private offices, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, temporary offices, and vehicles leased, owned, or operated by the employer. Any child care, adult day care, group home or health care facility shall be considered a place of employment, whether located in a public place or private residence.
- PUBLIC PLACE
- An area to which the public is invited or in which the public is permitted, including, but not limited to, banks, bars, educational facilities, gambling facilities, health care facilities, hotels and motels, laundromats, membership clubs, parking structures, public transportation vehicles and facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, theaters, and waiting rooms.
- An eating establishment, including, but not limited to, coffee shops, cafeterias, sandwich stands, and private and public school cafeterias, which gives or offers for sale food to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere. The term ''restaurant'' shall include a bar area within the restaurant.
- RETAIL TOBACCO STORE
- A retail store that generates twenty-five percent (25%) or more of its gross annual revenue from the sale of tobaccos, including but not limited to snuff tobacco, chewing tobacco, or dipping tobacco, pipes, cigars, cigarettes, smoking sundries, electronic smoking devices, or vapor cartridges or other containers of liquid that are intended to be used with or in an electronic smoking device, and in which the sale of other products is incidental.
- Inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, including hookahs and marijuana, whether natural or synthetic, in any manner or in any form. "Smoking'' shall not include the use of an electronic smoking device which creates an aerosol or vapor, in any manner or in any form, or smokeless tobacco, non-tobacco and non-plant products.
- SPORTS ARENA
- A place where people assemble to engage in physical exercise, participate in athletic competition, or witness sports or other events, including sports pavilions, stadiums, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, and bowling alleys.
Smoking shall be prohibited in all enclosed areas controlled by the County of St. Charles, including buildings and vehicles owned, leased, or operated by the County; and outdoor space within a distance of fifteen (15) feet outside entrances, operable windows, and ventilation systems of such enclosed areas where smoking is prohibited.
Smoking shall be prohibited in all enclosed public places within the County of St. Charles, including, but not limited to, any bar, gambling facility, health care facility, hotel or motel, membership club, restaurant, retail store, or sports arena.
Smoking shall be prohibited in all enclosed places of employment. This includes, but is not limited to, common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles owned, leased, or operated by the employer, and all other enclosed facilities. This prohibition on smoking shall be communicated to all existing employees by the effective date of this Section and to all prospective employees upon their application for employment.
Smoking shall be prohibited in outdoor space within a distance of fifteen (15) feet outside entrances, operable windows, and ventilation systems of enclosed areas where smoking is prohibited. "Entrance" shall mean an entryway primarily used by the public as a means to enter or exit a public place from a public street or public sidewalk.
Subsections (C)(1) through (C)(4) above shall be in effect in the unincorporated area and within an incorporated municipality within St. Charles County. Pursuant to Article VI, Section 18(c), of the Constitution of Missouri, any municipality shall have the authority to prohibit smoking in additional places not herein enumerated pursuant to independent powers the municipality may have by law, but no municipality shall have the power to grant exceptions or exemptions from the prohibition on smoking unless approved by voters as an amendment to the Charter of St. Charles County.
Exceptions To Smoking Prohibitions. Notwithstanding any other provision of the Charter to the contrary, the use of an electronic smoking device shall not be prohibited by this Section, and smoking in enclosed public places or places of employment shall not be prohibited within the following:
Any bar or restaurant that restricts access to its buildings or facilities at all times to persons who are twenty-one (21) years of age or older, provided the bar or restaurant also posts a clear and conspicuous sign at all entrances identifying the bar or restaurant as a smoking establishment;
An area within a business, bar, or restaurant that is separately ventilated and physically separated from the area designated as non-smoking, provided that such smoking area is restricted at all times to persons who are twenty-one (21) years of age or older and the business, bar, or restaurant also posts a clear and conspicuous sign at all entrances stating that smoking is allowed only in the physically separated area;
Membership clubs, provided such membership club posts a clear and conspicuous sign at all entrances to its building or facility stating that smoking is allowed;
Cigar bars, provided that smoke from such bars does not infiltrate into areas where smoking is otherwise prohibited;
Retail tobacco stores that prohibit any individuals under eighteen (18) years of age from entering their premises, provided that smoke from such stores does not infiltrate into areas where smoking is otherwise prohibited;
Non-enclosed areas of public places, including open-air patios, porches, or decks provided that smoke from such areas does not infiltrate into areas where smoking is otherwise prohibited. "Open air-patios, porches, or decks" have no more than two (2) solid walls. A solid wall extends from the floor to the ceiling and may include windows and doorways. A solid wall includes a retractable divider, garage door, or other solid physical barrier, but only when closed. A solid wall does not include a security barrier or retractable security door that is closed only when the business is closed for security purposes, nor does it include a ceiling;
Any casino, provided such casino prohibits smoking on at least fifty percent (50%) of the floor area on which gambling games are permitted within the casino;
Private homes, private residences and private motor vehicles, unless such homes, residences or motor vehicles are being used for child care, adult day care, group home, or health care facility, or unless the private vehicle is being used for public transportation;
Commercial vehicles when such vehicle is occupied solely by the owner/operator; and
Federal Food and Drug Administration licensed medical research facilities where smoking is a factor being studied in the effects of medicine or medical treatment.
Owner And Operator Duties. The owner, operator, manager, or other person in control of a place of employment or public place where smoking is prohibited by this Section shall:
Clearly and conspicuously post ''No Smoking'' signs or the international ''No Smoking'' symbol, consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it, in such place of employment or public space.
Clearly and conspicuously post at every entrance to such place a sign stating that smoking is prohibited or, in the case of outdoor places, clearly and conspicuously post ''No Smoking'' signs in appropriate locations as determined by the St. Charles County Department of Public Health or an authorized designee.
Clearly and conspicuously post on every vehicle owned, operated or leased by an employer under this Section at least one (1) sign, visible from the exterior of the vehicle, stating that smoking is prohibited.
Remove all ashtrays from any area where smoking is prohibited by this Section, except for ashtrays displayed for sale and not for use on the premises.
Retaliation. No person or employer shall discharge, refuse to hire, or in any manner retaliate against an employee, applicant for employment, customer, or resident of a multiple-unit residential facility because that employee, applicant, customer, or resident exercises any rights afforded by this Section or reports or attempts to prosecute a violation of this Section. Notwithstanding Subsection (H) of this Section, violation of this Section shall be a misdemeanor, punishable by a fine not to exceed one thousand dollars ($1000.00) for each violation.
This Section shall be enforced by the St. Charles County Department of Public Health or an authorized designee.
Notice of the provisions of this Section shall be given to all applicants for a business license in the County of St. Charles.
Any citizen who desires to register a complaint under this Section may initiate enforcement with the St. Charles County Department of Public Health.
The St. Charles County Department of Public Health, Fire Department, or their designees shall, while an establishment is undergoing otherwise mandated inspections, inspect for compliance with this Section.
An owner, manager, operator, or employee of an area regulated by this Section shall direct a person who is smoking in violation of this Section to extinguish or turn off the product being smoked. If the person fails to comply with such direction, the owner, manager; operator, or employee shall refuse service and shall immediately ask the person to leave the premises. If the person in violation refuses to leave the premises, the owner, manager, operator, or employee may contact a law enforcement agency.
Notwithstanding any other provision of this Section, an employee or private citizen may bring legal action to enforce this Section.
In addition to the remedies provided by the provisions of this Section, the St. Charles County Department of Public Health or any person aggrieved by the failure of the owner, operator, manager or other person in control of a public place or a place of employment to comply with the provisions of this Section may apply for injunctive relief to enforce those provisions in any court of competent jurisdiction.
A person who smokes in an area where smoking is prohibited by the provisions of this Section shall be guilty of an infraction, punishable by a fine not exceeding fifty dollars ($50.00).
Except as otherwise provided in Subdivision (1) of this Subsection, a person who owns, manages, operates, or otherwise controls a public place or place of employment and who fails to comply with the provisions of this Section shall be guilty of an infraction, punishable by:
A fine not exceeding one hundred dollars ($100.00) for a first violation;
A fine not exceeding two hundred dollars ($200.00) for a second violation within one (1) year; and
A fine not exceeding five hundred dollars ($500.00) for each additional violation within one (1) year.
In addition to the fines established by this Section, violation of this Section by a person who owns, manages, operates, or otherwise controls a public place or place of employment may result in the suspension or revocation of any County permit or license issued to the person for the premises on which the violation occurred.
Violation of this Section is hereby declared to be a public nuisance, which may be abated by the St. Charles County Department of Public Health by restraining order, preliminary and permanent injunction, or other means provided for by law, and the St. Charles County may take action to recover the costs of the nuisance abatement, as allowed by law.
Each day on which a violation of this Section occurs shall be considered a separate and distinct violation.
Financing. Enforcement of this Section shall be financed through the general revenues of St. Charles County.
Severability. If any provision of this Section or the application thereof to anyone or to any circumstance shall be held invalid, the remainder of the provisions of this Section and the application of such provisions to others or other circumstances shall not be affected thereby.
Effective Date. The provisions of this Section shall be effective on the date of election certification as provided for by this Charter.
Editor's Note: These provisions passed by majority vote at the 11-6-2018 election.