[Code 1964, § 1-1]
The ordinances embraced in this and the following chapters and
sections shall constitute and be designated the "Code of Ordinances,
City of Bellefontaine Neighbors, Missouri," and may be so cited. Such
ordinances may also be cited as "Bellefontaine Neighbors City Code."
[1]
Editor's Note: The City of Bellefontaine Neighbors was incorporated
as a fourth class city on June 19, 1950, pursuant to an order of the
county court of St. Louis County, Mo.
[Code 1964, § 1-2]
In the construction of this Code and of all ordinances of the
city, the following definitions and rules of construction shall be
observed, unless it shall be otherwise expressly provided in any section
or ordinance, or unless inconsistent with the manifest intent of the
board of aldermen, unless the context clearly requires otherwise:
The term "board of aldermen" shall mean the board of aldermen
of the City of Bellefontaine Neighbors, Missouri.
The words "the city" or "this city" shall mean the City of
Bellefontaine Neighbors, Missouri.
The time within which an act is to be done shall be computed
by excluding the first and including the last day; and if the last
day is Sunday that shall be excluded.[1]
The word "county" shall mean the County of St. Louis, State
of Missouri.
When any subject matter, party or person is described or
referred to by words importing the masculine, females as well as males,
and associations and bodies corporate as well as individuals, shall
be deemed to be included.[2]
Words importing joint authority to three (3) or more persons
shall be construed as authority to a majority of such persons, unless
otherwise provided by statute, this Code or other city ordinance.[3]
The word "month" shall mean a calendar month.
When any subject matter, party or person is described or
referred to by words importing the singular number, several matters
and persons and bodies corporate shall be deemed to be included.[4]
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."
The word "owner", applied to a building or land, shall include
any part owner, joint owner, tenant in common, joint tenant or tenant
by the entirety, of the whole or a part of such building or land.
The word "person" shall include a corporation, partnership,
association, organization and any other group acting as a unit as
well as individuals. It shall also include an executor, administrator,
trustee, receiver or other legal representative, appointed according
to law. Whenever the word "person" is used in any section of this
Code prescribing a penalty or fine, as to partnerships or associations,
the word shall include the partners or members thereof, and as to
corporations, shall include the officers, agents or members thereof
who are responsible for any violation of such section.[5]
"Personal property" shall include money, goods, chattels,
things in action and evidences of debt.[6]
The words "preceding" and "following" shall mean next before
and next after, respectively.[7]
The word "property" shall include real and personal property.[8]
The words "public way" shall include any street, alley, boulevard,
parkway, highway, sidewalk, public right-of-way or other public thoroughfare.
The terms "real property," "premises," "real estate" or "lands"
shall be deemed to be co-extensive with lands, tenements and hereditaments.
The word "shall" is mandatory; the word "may" is permissive.
The word "sidewalk" shall mean that portion of the street
between the street right-of-way and the adjacent curb line and the
adjacent property line intended for the use of pedestrians.
Where the written signature of any person is required, the
proper handwriting of such person or his mark shall be intended.
The words "the state" or "this state" shall mean the State
of Missouri.
The word "street" shall mean and include any public way,
highway, street, avenue, boulevard, parkway, alley or other public
thoroughfare, and each of such words shall include all of them.
The word "tenant" or "occupant," applied to a building or
land, shall include any person who occupies the whole or a part of
such building or land, whether alone or with others.
The words "written," "in writing" and "writing word for word"
include printing, lithographing or any other mode of representing
words and letters, but in all cases where the signature of any person
is required, the proper handwriting of the person, or his mark, is
intended.[9]
The word "year" shall mean a calendar year, unless otherwise
expressed, and the word "year" shall be equivalent to the words "year
of our Lord."[10]
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All general provisions, terms, phrases and expressions
contained in this Code shall be liberally construed in order that
the true intent and meaning of the board of aldermen may be fully
carried out.[11]
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[1]
State law reference—Similar provisions, RSMo. § 1.040.
[2]
State law reference—Similar provisions, RSMo. § 1.030.
[3]
State law reference—Similar provisions, RSMo. § 1.050.
[4]
State law reference—Similar provisions, RSMo. § 1.030.
[5]
State law reference—Similar provisions, RSMo. § 1.020(7),
556-050.
[6]
State law reference—Similar provisions, RSMo. § 1.020(11).
[7]
State law reference—Similar provisions, RSMo. § 1.020(10).
[8]
State law reference—Similar provisions, RSMo. § 1.020(14).
[9]
State law reference—Similar provisions, RSMo. § 1.020(20).
[10]
State law reference—Similar provisions, RSMo. § 1.020(9).
[11]
State law reference—Construction of statutes generally,
RSMo. §§ 1.010 — 1.210.
[Code 1964, § 1-6]
The catchlines of the several sections of this Code are intended
as mere catchwords to indicate the contents of the section and shall
not be deemed or taken to be titles of such section, nor as any part
of any section, nor, unless expressly so provided, shall they be so
deemed when any of such sections, including the catchlines, are amended
or reenacted.
[Code 1964, § 1-9]
(a)
The seal of the city shall be of metal of circular shape, one and
one-half (1½) inches in diameter. It shall contain the words
"Seal of Bellefontaine Neighbors, Mo." cut thereon in circular form
around the outside edge. It shall be kept in the custody of the city
clerk.
(b)
No impression of such seal upon any document or record shall be valid
or binding unless the same be duly attested by the proper officer
of this city and when duly authorized by law.
[1]
State law reference—City seal, RSMo. § 79.010.
[Code 1964, § 1-10; Ord. No. 898, § 1, 1-3-1974]
Whenever certain hours are named in this Code, they shall mean
Central Standard Time or Daylight Saving Time, as may be in current
use in the city.
[Code 1964, § 1-3]
The provisions appearing in this Code, so far as they are in
substance the same as those of ordinances existing at the time of
the adoption of "The Code of the City of Bellefontaine Neighbors,
Missouri," shall be considered as a continuation thereof and not as
new enactments.
[Code 1964, § 1-4]
Whenever any provision of this Code or any ordinance or part
of an ordinance shall be repealed or modified, either expressly or
by implication, by a subsequent ordinance, the provision of this Code
or ordinance or part of an ordinance thus repealed or modified shall
continue in force until the ordinance repealing or modifying the same
shall go into effect, unless therein otherwise expressly provided;
but no suit, prosecution, proceeding, right, fine or penalty instituted,
created, given, secured or accrued under any provisions of this Code
or other ordinance previous to its repeal shall in anywise be affected,
released or discharged, but may be prosecuted, enjoyed and recovered
as fully as if such ordinance or provisions had continued in force,
unless it shall be therein otherwise expressly provided.
[Code 1964, § 1-5]
When an ordinance repealing a provision of this Code or former
ordinance or any clause or provision thereof shall itself be repealed,
such repeal shall not be construed to revive such former ordinance,
clause or provision unless it is expressly so provided and such former
ordinance, clause or provision is set forth at length.
[Code 1964, § 1-7]
It is hereby declared to be the intention of the board of aldermen
that 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 or otherwise
invalid by the valid judgment or decree of any court of competent
jurisdiction, such unconstitutionality or invalidity shall not affect
any of the remaining phrases, clauses, sentences, paragraphs and sections
of this Code since the same would have been enacted by the board of
aldermen without the incorporation in this Code of any such unconstitutional
or invalid phrase, clause, sentence, paragraph or section.
[Code 1964, § 1-8; Ord. No. 1877 § 1, 4-5-2001]
(a)
General penalty provisions.
(1)
Whenever in this Code or in any ordinance of the city, or in any
rule, regulation, notice, condition, term or order promulgated by
any officer or agency of the city under authority duly vested in him/her
or it, any act is prohibited or is declared to be unlawful or an offense
or misdemeanor or the doing of any act is required or the failure
to do any act is declared to be unlawful or an offense or a misdemeanor,
where no specific penalty is provided therefor, the violation of any
such provision of this code or any such ordinance, rule, regulation,
order or notice shall be punished by a fine not exceeding one thousand
dollars ($1,000.00) or by imprisonment not to exceed ninety (90) days,
or by both such fine and imprisonment, but in any case wherein the
penalty for an offense is fixed by any statute, the same penalty shall
apply.
(2)
Except where otherwise provided, each and every day any violation
of this code or any ordinance of the city or any rule, regulation,
order or notice promulgated by any officer or agency of the city under
authority duly vested in him/her or it shall constitute a separate
offense.
(3)
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.
(4)
Minor traffic violations. Notwithstanding anything to the contrary herein, no punishment for a minor traffic violation as defined by Section 17-1 of this Municipal Code shall:
[Ord. No. 2583, 8-13-2020]
a.
Impose a fine, when combined with the amount of Court costs, that
exceeds two hundred twenty-five dollars ($225.00);
c.
Place a person convicted of a minor traffic violation in confinement
for failure to pay a fine unless such non-payment violates the terms
of the person's probation or unless the due process procedures mandated
by Missouri Supreme Court Rule 37.65 or its successor rule are strictly
followed by the Court;
d.
Assess Court costs where a defendant has been found to be indigent under Subsection (a)(4)(e) or if a case has been dismissed;
e.
Assess Court costs against a defendant who the Municipal Court finds
to be indigent based on standards set by the Presiding Judge of the
21st Judicial Circuit Court of the State of Missouri; or
f.
Issue an additional charge for the failure to appear on a minor traffic
violation.
(5)
Municipal ordinance violations. Notwithstanding anything to the contrary herein, no punishment for a municipal ordinance violation as defined by Section 479.350, RSMo., and Section 17-1 of this Municipal Code of the City of Bellefontaine Neighbors shall impose a fine, when combined with the amount of Court costs that exceeds:
[Ord. No. 2583, 8-13-2020]
a.
For municipal ordinance violations committed within a twelve (12)
month period beginning with the first violation:
1.
Two hundred dollars ($200.00) for the first municipal ordinance violation;
2.
Two hundred seventy-five dollars ($275.00) for the second municipal
ordinance violation;
3.
Three hundred fifty dollars ($350.00) for the third municipal ordinance
violation; and
4.
Four hundred fifty dollars ($450.00) for the fourth and any subsequent
municipal ordinance violations.
c.
Place a person convicted of a minor traffic violation in confinement
for failure to pay a fine unless such non-payment violates the terms
of the person's probation or unless the due process procedures mandated
by Missouri Supreme Court Rule 37.65 or its successor rule are strictly
followed by the court;
d.
Assess Court costs where a defendant has been found to be indigent under Subsection (a)(5)(e) or if a case has been dismissed; or
e.
Assess Court costs against a defendant who the Municipal Court finds
to be indigent based on standards set by the Presiding Judge of the
21st Judicial Circuit Court of the State of Missouri.
(b)
Equitable relief. In addition to any other remedies
or penalties established for violations of any ordinance or code section,
or any rule, regulation, notice, condition, term or order promulgated
by any officer or agency of the city under duly vested authority,
the city official responsible for the enforcement of such ordinance,
code section, rule, regulation, notice, condition, term or order may,
on behalf of the city and after approval by the Board of Aldermen,
apply to a court of competent jurisdiction for such legal or equitable
relief as may be necessary to enforce compliance with such ordinance,
code section, rule, regulation, notice, condition, term or order.
In such action the court may grant such legal or equitable relief,
including, but not limited to, mandatory or prohibitory injunctive
relief, as the facts may warrant. Upon the successful prosecution
of any such action the city may be awarded by the court reasonable
attorney fees as allowed by law.
(c)
Restrictions on delinquent applicants.
(1)
APPLICANT
RELEVANT LAW
1.
2.
3.
RELATED PERSON OR ENTITY
1.
2.
3.
For the purposes of this section, the following terms shall have
the following meanings:
Means an individual or a corporation, firm, partnership,
joint venture, association, organization or entity of any kind, including
any shareholder, owner, officer, partner, joint venturer or member
of such entity or any other person holding an ownership interest in
such entity requesting any city permit, license, franchise or other
approval.
Means
Any statute or regulation of the United States or the State
of Missouri,
Any ordinance or code section of the city, or any rule, regulation,
notice, condition, term or order promulgated by any officer or agency
of the city under duly vested authority of the city, or
Any final judgment or order of any court of competent jurisdiction,
when a statute, ordinance, code section, rule, regulation, notice,
condition, term, order or judgment at issue regulates conduct or conditions
germane to the issuance of the requested permit, license, franchise
or other approval as provided by the applicable ordinance or code
section of the city.
Means
A firm, partnership, joint venture, association, organization
or entity of any kind in which the applicant holds any stock, title,
or other ownership interest of at least twenty percent (20%),
A firm, partnership, joint venture, association, organization
or entity of any kind which holds any stock, title, or other ownership
interest in the applicant of at least twenty percent (20%), or
An individual, firm, partnership, joint venture, association,
organization or entity of any kind, whose affairs the applicant has
the legal or practical ability to direct, either directly or indirectly,
whether by contractual agreement, majority ownership interest, any
lessor ownership interest, familial relationship or in any other manner.
(2)
In enforcing or administering the
ordinances of the city, no permit, license, franchise or approval
of any kind shall be granted to any applicant
a.
Who is charged with, or in violation of, any relevant
law, or
b.
Who is related to or associated with a related person
or entity who is charged with, or in violation of, any relevant law,
until such time as the applicant or the related person or entity resolves
the pending charge or comes into compliance with the relevant law.
(3)
The reviewing or enforcement officer may consider past violations
of relevant law by an applicant or a related person or entity in considering
whether to issue a permit, license, franchise or approval requested
by an applicant.
(4)
The reviewing or enforcement officer may refuse to accept the refiling
of a denied application for one (1) year from the date of the denial
unless the officer finds that the application has been substantially
revised, or that substantial new facts or change in circumstances
warrant reapplication.
(5)
Any aggrieved applicant may appeal
the decision of the reviewing or enforcement officer to the Board
of Aldermen within five (5) business days of said decision. The Board
of Aldermen may reverse or modify the decision of the reviewing or
enforcement officer provided the applicant.
a.
Establishes a good-faith effort to effect compliance
with this section and any relevant law, or if applicable, an inability
to do so because of the ownership structure of any pertinent related
entity, or
b.
Establishes that the applicant has not been charged
with, or is not in violation of, any relevant law.
[1]
State law reference—Penalty limits, RSMo. §§ 79.470
and 546.902.
[Code 1964, § 1-11]
The city shall make arrangements for the microfilming of such
records of the city as may be deemed necessary by the mayor or city
clerk.
Nothing contained in this Code of Ordinances or the ordinance
adopting this Code shall be construed to repeal or otherwise affect
the following:
(1)
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 the ordinance adopting this Code;
(2)
Any ordinance promising or guaranteeing the payment of money for
the city, or authorizing the issuance of any bonds of the city or
any evidence of the city's indebtedness, or any contract or obligation
assumed by the city;
(3)
Any ordinance fixing salaries or other compensation of officers,
employees or special counsel of the city not inconsistent with such
Code;
(4)
Any appropriation ordinance;
(5)
Any right to franchise granted by the board of aldermen to any person,
firm or corporation;
(6)
Any ordinance dedicating, naming, establishing, locating, relocating,
opening, closing, paving, widening, vacating, or in any way affecting
any street or public way in the city;
(7)
Any ordinance establishing and prescribing the street grades of any
street in the city;
(8)
Any ordinance providing for local improvements or assessing taxes
therefor;
(9)
Any ordinance dedicating or accepting any plat or subdivision in
the city;
(10)
Any ordinance establishing traffic regulations for specific streets
or portions thereof;
(11)
Any ordinance annexing property to the city;
(12)
Any zoning ordinance of the city;
(13)
Any ordinance levying taxes, not in conflict or inconsistent with
the provisions of this Code;
(14)
Ordinance No. 1196, establishing ward boundaries;
(15)
Any ordinance enacted after January 17, 1985.
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Such repeal shall not be construed to revive any ordinance or
part of an ordinance which is repealed by this Code.
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[Ord. No. 1870 § 1, 12-7-2000]
If the owner of property upon which any nuisance exists contrary
to any provision of this Code of Ordinances or any other ordinances
of the city fails to begin removing and/or otherwise abating the nuisance
within the time allowed, or shall fail to pursue the removal and/or
abatement of such nuisance without unnecessary delay, the City Engineer
or Police Chief shall cause the condition which constitutes the nuisance
to be removed or otherwise abated. If the City Engineer or Police
Chief causes such condition to be removed or abated, the cost of such
removal shall be certified to the city clerk and/or city collector
who shall cause the certified cost to be included in a special tax
bill or added to the annual real estate tax bill, at the collecting
official's option, for the property and the certified cost shall be
collected by the city collector or other official collecting taxes
in the same manner and procedure for collecting real estate taxes.
If the certified cost is not paid, the tax bill shall be considered
delinquent, and the collection of the delinquent bill shall be governed
by the laws governing delinquent and back taxes. The tax bill from
the date of its issuance shall be deemed a personal debt against the
owner and shall also be a lien on the property until paid.
