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§ 2-611 Custodian designated; response to request for access to records.

[ Ord. No. 9804 , 11-6-2008 ] 1. The City Clerk shall be the Custodian of Records and will be responsible for maintenance and control of all records. The Chief Administrative Officer may designate Deputy Custodians in operating departments of the City and such other departments or offices as the Chief Administrative Officer may determine. Deputy Custodians shall conduct matters relating to public records and meetings in accord with the policies enumerated herein. 2. Except as otherwise provided by law, the City shall provide access to and, upon request, furnish copies of the City's public records subject to the provisions of the Code of Ordinances relating to copying fees. No person shall remove original public records from the City Hall or from the offic...

§ 2-612 Procedures for resolving questions of public accessibility.

[ Ord. No. 9804 , 11-6-2008 ] A public governmental body or record custodian in doubt about the legality of closing a particular meeting, record or vote may, subject to approval by the City Council, bring suit in the Circuit Court for the County of St. Louis to ascertain the propriety of such action. In addition, subject to approval by the City Council, the public governmental body or custodian may seek a formal opinion of the Attorney General or an attorney for the City regarding the propriety of such action. In such events, the proposed closed meeting or public access to the record or vote shall be deferred for a reasonable time pending the outcome of the actions so taken.

§ 2-613 Fees.

[ Ord. No. 9804 , 11-6-2008 ] 1. The custodian shall charge $0.10 per page for a paper copy not larger than nine inches by 14 inches, plus an hourly fee for duplicating time not to exceed the average hourly rate of pay for clerical staff of the City. Research time required for fulfilling records requests may be charged at the actual cost of research time. Based on the scope of the request, the City shall produce the copies using employees of the City that result in the lowest amount of charges for search, research, and duplication time. Prior to producing copies of the requested records, the person requesting the records may request the City to provide an estimate of the cost to the person requesting the records. The custodian shall receive (or may requir...

§ 2-614 through § 2-630. (Reserved)

[ Ord. No. 9804 , 11-6-2008 ]

Ch 2 Art IX Div 2 Law Enforcement Arrest Reports and Records, Incident Reports and Other Reports

§ 2-631 Definitions.

[ Ord. No. 9804 , 11-6-2008 ] As used in this article, the following terms shall have the following definitions:

2-631{1} ARREST

ARREST An actual restraint of the person of the defendant, or by his/her submission to the custody of the officer, under authority of a warrant or otherwise for a criminal violation which results in the issuance of a summons or the person being booked.

2-631{2} ARREST REPORT

ARREST REPORT A record of a law enforcement agency of an arrest and of any detention or confinement incident thereto together with the charge therefor.

2-631{3} INACTIVE

INACTIVE An investigation in which no further action will be taken by a law enforcement agency or officer for any of the following reasons: a. A decision by the law enforcement agency not to pursue the case. b. Expiration of the time to file criminal charges pursuant to the applicable statute of limitations, or 10 years after the commission of the offense, whichever date earliest occurs. c. Finality of the convictions of all persons convicted on the basis of the information contained in the investigative report by exhaustion of or expiration of all rights of appeal of such persons.

2-631{4} INCIDENT REPORT

INCIDENT REPORT A record of a law enforcement agency consisting of the date, time, specific location, name of the victim and immediate facts and circumstances surrounding the initial report of a crime or incident, including any logs of reported crimes, accidents and complaints maintained by that agency.

2-631{5} INVESTIGATIVE REPORT

INVESTIGATIVE REPORT A record, other than an arrest or incident report, prepared by personnel of a law enforcement agency, inquiring into a crime or suspected crime, either in response to an incident report or in response to evidence developed by law enforcement officers in the course of their duties.

§ 2-632 Police Department records.

[ Ord. No. 9804 , 11-6-2008 ] 1. The Police Department of the City shall maintain records of all incidents reported to the Police Department and investigations and arrests made by the Police Department. All incident reports and arrest reports shall be open records. Notwithstanding any other provision of law other than the provisions of Subsection (3) of this section or Section 320.083 , RSMo., investigate reports of the Police Department are closed records until the investigation becomes inactive. If any person is arrested and not charged with an offense against the law within 30 days of the person's arrest, the arrest report shall thereafter be a closed record, except that the disposition portion of the record may be accessed except as provided in § 2-63...

§ 2-633 Effect of nolle pros, dismissal and suspended imposition of sentence on records.

[ Ord. No. 9804 , 11-6-2008 ] If the person arrested is charged but the case is subsequently nolle prossed, dismissed, or the accused is found not guilty, or imposition of sentence is suspended in the court in which the action is prosecuted, official records pertaining to the case shall thereafter be closed records when such case is finally terminated, except that the disposition portion of the record may be accessed except as provided in § 2-634 . If the accused is found not guilty due to mental disease or defect pursuant to Section 552.030 , RSMo., official records pertaining to the case shall thereafter be closed records upon such findings, except that the disposition may be accessed only by law enforcement agencies, child care agencies, facilities as ...

§ 2-634 Public access to closed arrest records.

[ Ord. No. 9804 , 11-6-2008 ] 1. Records required to be closed shall not be destroyed; they shall be inaccessible to the general public and to all persons other than the defendant except as provided in this section and Section 43.507 , RSMo. They shall be available to the Sentencing Advisory Commission created in Section 558.019 , RSMo., for the purpose of studying sentencing practices, and only to courts, law enforcement agencies, child care agencies, Department of Revenue for driving record purposes, facilities as defined in Section 198.006 , RSMo., in-home services provider agencies as defined in Section 192.2400 , RSMo., the Division of Workers' Compensation for the purposes of determining eligibility for crime victims' compensation pursuant to Sectio...

§ 2-635 "911" telephone reports.

[ Ord. No. 9804 , 11-6-2008 ] Excepted as provided by this section, any information acquired by the Police Department by way of a complaint or report of a crime made by telephone contact using the emergency number, "911," shall be inaccessible to the general public. However, information consisting of the date, time, specific location and immediate facts and circumstances surrounding the initial report of the crime or incident shall be considered to be an incident report and subject to § 2-632 . Any closed records pursuant to this section shall be available upon request by law enforcement agencies or the Division of Workers' Compensation or pursuant to a valid court order authorizing disclosure upon motion and good cause shown.

§ 2-636 Daily log or record maintained by Police Department of crimes, accidents or complaints; public access to certain information.

[ Ord. No. 9804 , 11-6-2008 ] 1. The City of Kirkwood Police Department, if it maintains a daily log or record that lists suspected crimes, accidents, or complaints, shall make available the following information for inspection and copying by the public: a. The time, substance, and location of all complaints or requests for assistance received by the Police Department; b. The time and nature of the Police Department's response to all complaints or requests for assistance; and c. If the incident involves an alleged crime or infraction: i. The time, date and location of occurrence; ii. The name and age of any victim, unless the victim is a victim of a crime under Chapter 566 , RSMo; iii. The factual circumstances surrounding the incident; and iv. A general ...

Ch 3 Alcoholic Beverages

Cross References: Intoxication and consumption of beverages in public places, § 17-1 . State Law References: Liquor control law, RSMo. Ch. 311 ; authority of City to require licenses, RSMo. § 311.20.

Ch 3 Art I In General

§ 3-1 Temporary sale of intoxicating liquor by not-for-profit organizations.

[ Ord. No. 10532 , 11-15-2018 ] (a) Notwithstanding any other provision of this chapter, a permit for the sale of all kinds of intoxicating liquor, including intoxicating liquor in the original package, at retail by the drink for consumption on the premises of the licensee may be issued to any church, school, civic, service, fraternal, veteran, political, or charitable club or organization for the sale of such intoxicating liquor at a picnic, bazaar, fair, or similar gathering. The permit shall be issued only for the day or days named therein, and it shall not authorize the sale of intoxicating liquor for more than seven days by any such club or organization. (b) To secure the permit, the applicant shall complete a form provided by the Director of Finance...

§ 3-2 Certain acts prohibited in premises licensed to sell at retail intoxicating liquor, wine or beer.

[ Ord. No. 10340 , 6-2-2016 ] (a) It shall be unlawful for any retail licensee, licensed to sell intoxicating liquor, wine or beer, or his/her employees to permit in, upon or about the licensed premises: (1) The performance of acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law; (2) The displaying of any portion of the areola of the female breast or failure to cover the entire areola and front of the breast with opaque clothing; (3) The actual or simulated touching, caressing or fondling of the breast, buttocks, anus or genitals; (4) The actual or simulated displaying of the pubic hair, anus, vulva or genitals or failure to cover pubic hair, anus, vulv...