Wellston City Hall
1414 Evergreen, Wellston MO 63133
(314) 553 – 8000
This Code constitutes a complete recodification of the general and permanent ordinances of the City of Wellston, Missouri.
Source materials used in the preparation of the Code were the 1980 Code, as supplemented through May 6, 1981, and ordinances subsequently adopted by the city council. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the comparative tables appearing in the back of this Code, the reader can locate any section of the 1980 Code, as supplemented, and any subsequent ordinance included herein.
The chapters of the Code have been conveniently arranged in alphabetical order, and the various sections within each chapter have been catch lined to facilitate usage. Notes which tie related sections of the Code together and which refer to relevant state law have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this Code.
Numbering System
The numbering system used in this Code is the same system used in many state and local government codes. Each section number consists of two parts separated by a dash. The figure before the dash refers to the chapter number, and the figure after the dash refers to the position of the section within the chapter. Thus, the second section of Chapter 1 is numbered 1-2, and the first section of Chapter 4 is 4-1. Under this system, each section is identified with its chapter, and at the same time new sections or even whole chapters can be inserted in their proper place by using the decimal system for amendments. For example, if new material consisting of one section that would logically come between sections 3-1 and 3-2 is desired to be added, such new section would be numbered 3-1.5. New chapters may be included in the same manner. If the new material is to be included between Chapters 12 and 13, it will be designated as Chapter 12.5. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject. The next successive number shall be assigned to the new article or division.
Index
The index has been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the index itself which stand as guideposts to direct the user to the particular item in which the user is interested.
Looseleaf Supplements
A special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up-to-date. Subsequent amendatory legislation will be properly edited, and the appropriate page or pages affected will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages.
Keeping this publication up-to-date at all times will depend largely upon the holder of the publication. AB revised sheets are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.
Acknowledgments
This publication was under the direct supervision of James S. Vaught, Supervising Editor, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher’s staff for their sincere interest and able assistance throughout the project.
The publisher is most grateful to Mr. Richard H. Edwards, City Attorney, and Ms. Leola Patterson, City Clerk, for their cooperation and assistance during the progress of the work on this publication. It is hoped that their efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the city readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the city’s affairs.
MUNICIPAL CODE CORPORATION Tallahassee, Florida
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Sec. 1-1. How Code designated and cited.
The chapters, articles, divisions and sections embraced in this Code of Ordinances shall constitute and be designated as the “Code of Ordinances, City of Wellston, Missouri,” and may be so cited. This Code may also be cited as the “Wellston City Code.” (Code 1980, § 1-1)
Sec. 1-2. Rules of construction and definitions.
In the construction of this Code and of all ordinances of this city, the following rules of construction and definitions shall be observed, unless such construction or definition would be inconsistent with the manifest intent of the city council, would be repugnant to the context of the provisions or the context clearly requires otherwise.
Generally. All words and phrases shall be construed and understood according to the common and approved usage of language; but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning.
City. The word “city” means the City of Wellston in the County of St. Louis in the State of Missouri.
City council, council. The words “city council” or “council” mean the governing body of the city.
Code. The word “Code” means this Code of Ordinances as designated and cited in section 1-1 above.
County. The word “county” means the County of St. Louis in the State of Missouri.
Delegation of authority. Whenever a provision appears in this Code requiring an officer of the city to do some act or make certain inspections, it is to be construed to authorize such officer to designate, delegate and authorize subordinates to perform the required act or make the required inspection unless the terms of the provision or section expressly designates otherwise.
Easement. The word “easement” means a right, liberty, privilege or advantage without profit which the owner of one (1) parcel of land may have in the lands of another. A right in the owner of one (1) parcel of land, by reason of such ownership, to use the land of another for a special purpose not inconsistent with a general property right in the owner.
Gender. A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships, associations and corporations as well as to males. (State law reference-Similar provisions, RSMo 1.030(2). )
In the city. The words “in the city” or “in this city” mean and include any territory within the corporate limits of this city and the police jurisdiction thereof, and any other territory over which regulatory power has been conferred on the city by general or special act, except as otherwise specified.
Joint authority. Words purporting to give authority to three (3) or more officers or other persons shall be construed as giving such authority to a majority of such officers or other persons, unless it is otherwise specifically declared. (State law reference-Similar provisions, RSMo 1.050. )
Law. The word “law” means any statute, ordinance or regulation promulgated by the United States, the state, the county, the city or any agency thereof, as well as the rules and regulations of other bodies politic that may be appropriate.
Month. The word “month” means a calendar month.
State law reference-Similar provisions, RSMo 1.020(10).
Number. Any word importing the singular number includes the plural, and any word importing the plural number includes the singular. (State law reference-Similar provisions, RSMo 1.030. )
Oath. The word “oath” shall be construed to include an affirmation in all cases in which, by law, an affirmation may be sub
stituted for an oath, and in such cases the words “swear” and “sworn” shall be equivalent to the words “affirm” and “affirmed.”
Official time standard. Whenever certain hours are named in this Code they mean central standard time or daylight savings time as may be in current use in the city.
Officials, employees, boards, commissions, etc. Whenever refer ence is made to officials, employees, boards, commissions or other agencies of the city by title only, i.e., “mayor,” “clerk,” “manager,” “chief of police,” etc., they shall be deemed to refer to the officials, employees, boards, commissions or other agencies of this city.
Or, and. “Or” may be read “and” and “and” may be read “or” if the context of the provision requires it.
Owner. The word “owner,” when applied to a building or land, includes any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of such building or land.
Person. The word “person” includes and is applied to a firm, partnership, association, corporation, organization, club, society, group acting as a unit or body politic and corporate, as well as to an individual.
State law reference-Similar provisions, RSMo 1.020(11).
Personal property. The words “personal property” include money, goods, chattels, evidences of debt, things in action and any other species of property, except real property.
State law reference-Similar provisions, RSMo 1.020(12).
Preceding, following. The words “preceding” and “following” mean the next before and the next after, respectively.
Property. The word “property” includes real, personal and mixed property.
State law reference-Similar provisions, RSMo 1.020(15).
Public place. The words “public place” mean any public way, park, cemetery, school yard or open space adjacent thereto; any public lake or stream; and any place or business open to the use of the public in general, open to public view or to which the public has access.
Public way. The words “public way” mean any street, alley, boulevard, parkway, highway, sidewalk or other public thorough fare.
Real property. The words “real property” include lands, tene ments and hereditaments.
State law reference-Similar provisions, RSMo 1.020(16).
Reasonable time. In all cases where any section of this Code or city ordinance shall require any act to be done in a reasonable time or reasonable notice to be given, such reasonable time or notice shall be deemed to mean such time only as may be neces sary for the prompt performance of such duty, or compliance with such notice.
Residence. The word “residence” means the place adopted by a person as his place of habitation, and to which, whenever he is absent, he has the intention of returning. When a person eats at one place and sleeps at another, the place where such person sleeps shall be deemed to be his residence.
Roadway. The word “roadway” means that portion of a street improved, designed or ordinarily used for vehicular traffic.
Shall, may. The word “shall” is mandatory, and the word “may” is discretionary.
Sidewalk. The word “sidewalk” means any portion of the street between the curb, or the lateral line of the roadway and the ad jacent property line, intended for the use of pedestrians.
Signature, subscription. The word “signature” or “subscription” includes a mark when the person cannot write, when his name is written near such mark and is witnessed by a person who writes his own name as witness.
State. The words “the state” or “this state” mean the State of Missouri.
Street. The word “street” means and includes public streets, avenues, boulevards, highways, roads, alleys, lanes, viaducts, bridges, public ways and approaches thereto and other public thoroughfares in the city devoted to public use.
Tenant, occupant. The words “tenant” and “occupant,” applied to a building or land, mean any person who occupies the whole or a part of such building or land, whether alone or with others.
Tense. Words used in the past or present tense shall include the future as well as the past or present.
Writing, written. The words “writing” and “written” shall in clude typewriting, printing on paper and any other mode of rep resenting words and letters.
State law reference-Similar provisions, RSMo 1.020(21).
Year. The word “year” means a calendar year. (Code 1980, § 1-2)
Sec. 1-3. Incorporation by reference.
All standard codes, rules, regulations and other subject matter herein or hereafter properly incorporated by reference, together with subsequent amendments thereto, pursuant to state law, and future incorporations by reference shall be kept and preserved in the office of the city clerk.
(Code 1980, § 1-4)
State law reference-Adoption of technical codes by reference, RSMo 67.280.
Sec. 1-4. Parenthetical and reference matter.
The matter in parentheses at the ends of sections in this Code is for information only and is not a part of this Code. Citations to ordinances of the city indicate only the source of such section and the text may or may not be changed by this Code. Reference matter not in parentheses is for information only and is not a part of this Code.
(Code 1980, § 1-5)
Sec. 1-5. Catchlines of sections.
The catchlines of 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, nor as any part of any section, nor, unless expressly so
provided, shall they be so deemed when any section, including its catchline, is amended or reenacted.
(Code 1980, § 1-6)
Sec. 1-6. Reference to Code, conflicts.
In addition to the rules of construction and definitions specified in this chapter, the following rules shall be observed in the con struction of this Code:
(Code 1980, § 1-7)
The police power of the city is hereby extended to include all lands or property owned or leased by the city or any agency of the city and the general ordinances of the city shall be applicable on such property.
(Code 1980, § 1-8)
It shall be unlawful for any person to change or amend by additions or deletions, any part or portion of this Code, or to insert or delete pages, or portions thereof, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the city to be misrepresented thereby; provided, that supplemen tation of this Code by authorized persons shall be permitted.
(Code 1980, § 1-9)
(a) The imposition of a penalty under the provisions of this Code shall not prevent the revocation or suspension of any license, franchise or permit issued or granted under the provisions of this Code.
(b) In the event any violation of this Code is designated as a nuisance under the provisions of this Code, such nuisance may be summarily abated by the city in addition to the imposition of a fine or imprisonment.
(Code 1980, § 1-11)
The metes and bounds of the city as reestablished by virtue of the annexation of certain area to the west of the city by the election of April 4, 1961, shall be defined by metes and bounds as follows, to wit:
Beginning at a point being the intersection of the western limits line of the City of St. Louis, Missouri, with the northern limits line of the City of University City, Missouri, said beginning point distant 150 feet north from the north line of Olive Street Road as said road existed in the year 1906; thence west along the northern limits line of the City of University City, said line being parallel with the north line of said Olive Street Road as the same existed in the year 1906 and distant 150 feet therefrom, to a point in a line extended southward parallel with and 100 feet east of the east line of Leona Avenue, said last mentioned point being in the eastern limits line of the City of University City; thence north along the eastern limits line of the City of University City, being along said line 100 feet east of Leona Avenue, to a point 100 feet north of the north line of Bartmer Avenue, said last mentioned point being in the northern limits line of the City of University City; thence west along the northern limits line of the City of University City being along a line distant 100 feet north of and parallel with the north line of Bartmer Avenue to a point 10 feet east of the west line of Sutter Avenue said last mentioned point being in the eastern limits line of the City of University City; thence north along the eastern limits line of the City of University City being along a line 10 feet east of and parallel with the west line of Sutter Avenue to a point 10 feet north of the south line of Julian Avenue, said last mentioned point being in the northern limits line of the City of University City; thence west along the north limits line of the City of University City being along a line 10 feet north of and parallel with the south line of Julian Avenue to a point in a line being the direct extension southwardly of the west line of Sutter Avenue; thence in a general northwardly direction along the west line of Sutter Avenue and its direct extension northwardly to the north line of Page Avenue; thence along the north line of Page Avenue to its inter section with the western boundary line of Wellston School District of St. Louis County, Missouri; thence in a general northwardly direction along the western boundary line of Wellston School District to a point at the intersection of said boundary line with the north line of St. Charles Road, said point being near the intersection of St. Charles Road with Lucas & Hunt Road; thence along the north line of St. Charles Road to its intersection with the west line of Lucas & Hunt Road; thence north along the west line of Lucas & Hunt Road a distance of 100 feet more or less to the northern line of the city limits of the City of Pagedale, thence west along the north line of the city limits of the City of Pagedale to its intersection with the western line of U.S. Survey 2684 which is the eastern city limits of the City of Pagedale at that point, thence northwardly along the western line of U.S. Survey 2684 to its intersection with the north line of a street now known as North Market Street as shown on plat recorded in Plat Book 10 at page 89 in the St. Louis County Recorder’s office, thence eastwardly along the northern line of said North Market Street as shown in said Plat Book, page 89, to its intersection with the west line of Lucas & Hunt Road, thence southwardly along the west line of Lucas & Hunt Road to its intersection with the north line of North Market Street, 30 feet wide, said last mentioned point being in the southern limits of the Village of Hillsdale, thence along and following the limits line of the Village of Hillsdale to the intersection thereof with the western limits line of the City of St. Louis, said limits line of the Village of Hillsdale being described as follows: From said last mentioned point at the intersection of the west line of Lucas & Hunt Road with the north line of North Market Street running eastwardly diagonally across said Lucas & Hunt Road to the southwest corner of Lot 1 of Easton Avenue Terrace, a subdivision, the plat of which is recorded in Plat Book 1, page 155 of the St. Louis County Recorder’s office, thence eastwardly along the southern line of said Easton Avenue Terrace and across Lindell Avenue and along the southern line of Bartling Addition to Bartling Place, a subdivision, the plat of which is recorded in Plat Book 12, page 123 of the St. Louis County Recorder’s office, and along said southern line prolonged eastwardly to the southwestern corner of Lot 17 in Block 5 of Glen-Echo Heights, a subdivision, the plat of which is recorded in Plat Book 7, page 67 of the St. Louis County Recorder’s office; thence eastwardly along the southern line of said Block 5 and across Glen Echo Avenue, and along the southern line of Block 4 of said Glen-Echo Heights and its prolongation eastwardly to its intersection with the
§ 1-11 WELLSTON CODE
northwestern line of the right-of-way of the St. Louis Terminal Railway Company; thence diagonally across said right-of-way to a point in the southeastern line of said right-of-way said point being the intersection of said southeastern right-of-way line and a line 30 feet northerly from and parallel to the northern line of Oak Grove Heights 2nd Subdivision, a subdivision, the plat of which is recorded in Plat Book 7, page 31 of the St. Louis County Recorder’s office, and 30 feet northerly from and parallel to the northern line of Oak Grove Heights, a subdivision, the plat of which is recorded in Plat Book 7, page 5 of the St. Louis County Recorder’s office; thence eastwardly along said parallel line to its intersection with the western line of a sub division of the Wells Homestead, a subdivision, the plat of which is recorded in Plat Book 5, page 80 of the St. Louis County Recorder’s office; thence northwardly along said western line of Wells Homestead to the northwestern corner of said Wells Home stead; thence eastwardly along the northern line of said Wells Homestead to its intersection with the western line of Kienlen Avenue; thence diagonally across Kienlen Avenue to a point in the eastern line thereof distant 214 feet southwardly from the southwestern corner of Lot 1 of Ida R. Robert’s Subdivision, a subdivision, the plat of which is recor_4ed in Plat Book 20, page 16 of the St. Louis County Recorder’s office; thence eastwardly 200 feet along a line 214 feet south of and parallel to the southern line of said Lot 1, of Block 1, of Ida R. Robert’s Addi tion, a subdivision, plat of which is recorded in Plat Book 31, page 27 of the St. Louis County Recorder’s office; thence northwardly 214 feet along a line 200 feet east of and parallel to the eastern line of Kienlen Avenue, to its intersection with the southern line of said Lot 10, at a point 69 feet distant eastwardly from the southwestern corner of said Lot 10; thence westwardly along the southern line of said Lot 10 to the south western corner thereof; thence northwardly along the western line of said Block 1, to the southwestern corner of Lot 1, of said Block 1; thence eastwardly along the southern line of said Lot 1 and across Irving Avenue and along the southern line of Lot 7 of Block 2 of said Ida R. Robert’s Addition and said southern line prolonged eastwardly to its intersection with the western limits line of the City of St. Louis; thence leaving said limits line of the Village of Hillsdale and running in a general southwardly direction along the western limits line of the City of St. Louis, to the point of beginning.
(Code 1980, § 1-12)
The sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, para graph or section of this Code shall be declared invalid, unenforce able or unconstitutional by the valid judgment of decree of a court of competent jurisdiction, such invalidity, unenforceability or un constitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Code.
(Code 1980, § 1-13)
The repeal of an ordinance shall not revive any ordinance in force before or at the time the ordinance repealed took effect. The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of such repeal, for an offense committed or cause of action arising under the ordinance re pealed.
(Code 1980, § 1-14)
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 or franchise granted by the city council 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, or providing regulations for the subdivision of land;
(10) Any ordinance establishing traffic regulations for specific streets or portions thereof, not inconsistent with this Code;
(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) Any ordinance fixing utility rates and charges;
(15) Any ordinance enacted after November 7, 1990.
Such repeal shall not be construed to revive any ordinance or part of an ordinance which is repealed by this Code.
ARTICLE I. IN GENERAL
Sec. 2-1. Name.
The city shall be a body politic and corporate of the third class by the name of The City of Wellston and shall by that name be known in law as granted by an order of a County Court of Saint Louis County, Missouri, on June 6th, 1949.
(Code 1980, § 2-1)
State law references-Provisions relative to all cities and towns, RSMo Ch. 71; cities of the third class, RSMo Ch. 77.
Sec. 2-2. City seal-Adopted, description.
The seal of the city shall be circular in shape and shall bear the following description: City of Wellston, Seal St. Louis County, Missouri.
(Code 1980, § 2-2)
Sec. 2-3. Same-Custodian.
The city clerk shall be the custodian of the city seal and shall affix the seal to the minutes of all meetings of the city council and to all documents of the city as prescribed by law.
(Code 1980, § 2-3)
Sec. 2-4. Council of governments.
The East-West Gateway Coordinating Council is hereby designated the council of governments for the Metropolitan St. Louis Area.
(Code 1980, § 2-4)
Sec. 2-5. Purchase of property from H.U.D.
(Code 1980, § 2-5)
Sec. 2-6. Disposal of city property generally.
city and an item coming to the city shall be transacted and/or completed until such time that it is presented at a council meeting and approved by the city council and the mayor.
(Code 1980, § 2-6)
Sec. 2-7. Disposal of unclaimed property.
(Code 1980, § 2-7)
Sec. 2-8. Sealed bids for purchases, sales.
value of one thousand dollars ($1,000.00) and said sealed bids shall be opened and considered at a regular meeting of the city council and in open session.
(Code 1980, § 2-8)
Sec. 2-9. When bids not required for purchases.
(Code 1980, § 2-9)
Sec. 2-10. Contract compliance program for equal employment opportunity.
Cross reference-Fair housing code, § 12-26 et seq.
Sec. 2-11. Expenditure of nonbudgeted funds.
No elected official, officer or employee of the city, including but not limited to the mayor, the administrative assistant and department heads, shall expend any funds of the city which have not been previously approved in the budget, without specific prior approval of the city council.
(Ord. No. 842, § 1, 3-18-92)
Editor’• note-Ord. No. 842, enacted March 18, 1992, did not specifically amend the Code; inclusion of§ 1 as § 2·11 was at the discretion of the editor.
Sec. 2,12. Reimbursement to the city for certain fees for services of city engineers.
(a) Every person who applies to the city for any action, including but not limited to the granting of any permit, license, zoning change, conditional use permit, or other special permit, shall reimburse the city for all fees charged to the city by the city engineer for services rendered in connection with the application. Further, the city shall have the sole discretion as to the type and extent of services required by the city engineer.
(b) All reimbursements required by this section shall be paid to the city whether or not the application to which they are related is granted, and the city may request from any applicant an advance deposit for the fees.
(c) No application described in this section shall be granted, and no permit, license, zoning change, conditional use permit or other special permit or license shall be issued until all such re imbursement is paid to the city.
(Ord. No. 820, §§ 1-3, 2-20-91)
Editor’s note-Ord. No. 820, enacted February 20, 1991, did not specifically amend the Code; inclusion of§§ 1-3 as § 2-12(a)-(c) was at the discretion of the editor.
Secs. 2-13-2-25. Reserved.
Sec. 2-26. Meetings-Regular.
All regular meetings of the city council are to be held during the hours of 7:00 p.m. and 9:00 p.m. on the regular scheduled dates, being the first and third Wednesdays of each month. (Code 1980, § 2-21; Ord. No. 814, § 1, 11-7-90)
Sec. 2-27. Same—Holidays.
Should any regular meeting day fall on a legal holiday, then and in that event, such regular meetings shall automatically be held the day immediately following such regular meeting day without further notice to the members of the city council.
(Code 1980, § 2-22)
Sec. 2-28. Same—Special.
Special meetings of the city council may be convened by the mayor of the city at any time on notice or written notice mailed two (2) days prior to the date of such meeting to the members of the city council or in like manner by the president, pro tempore of the city council on request of at least one-third of the members of such council.
(Code 1980, § 2-23)
Sec. 2-29. Same—Attendance.
Members of the city council shall be required to attend all stated and special meetings of the council unless leave of absence is granted by the council or unless excused by the mayor or president pro tempore for illness or other special reason.
(Code 1980, § 2-24)
Sec. 2-30. Same—Location.
All regular meetings of the city council are to be held during the hours of 7 p.m. and 9 p.m. on the regular scheduled dates, being the first and third Wednesdays of each month, at the city hall; provided, however, that special meetings may be called and meet at the Charles Brown Community Center, 1414 Evergreen, by a majority vote of the city council.
(Ord. No. 812, § 1, 9-5-90; Ord. No. 886, §§ 1, 2, 11-16-94)
“(inserting section numbers to indicate the sec tions of the Code which embody the substantive sections of
Sec. 2-30.5. Smoking at city council meetings.
No person shall smoke any tobacco products, use any illegal drugs or drink alcoholic beverages while in attendance at any
meeting of the city council of the city. In addition, no person shall be under the influence of illegal drugs or alcohol while in attendance at any meeting of the city council of the city.
(Ord. No. 841, § 1, 3-18-92; Ord. No. 961, § 3, 7-7-99)
Editor’s note—Ord. No. 841, enacted March 18, 1992, did not specifically amend the Code; inclusion of § 1 as § 2-30.5 was at the discretion of the editor.
Sec. 2-31. Rules generally.
The established rules of parliamentary procedure as set forth in Robert’s Rules of Order shall govern the proceedings of the council, except when otherwise provided by ordinance, and any question arising thereunder shall be decided by the mayor, or, in his absence, by the president pro tempore, subject to appeal to the city council by any member thereof.
(Code 1980, § 2-25)
Sec. 2-32. Call to order; quorum.
At the hour appointed, the mayor, or in his absence the president pro tempore, shall call the council to order, the clerk shall call the roll of the members of the council and announce whether or not a quorum is present. A majority of the council shall constitute a quorum. If a quorum be not present, a smaller number may lawfully adjourn the meeting from day to day until a quorum is present.
(Code 1980, § 2-26)
Sec. 2-33. Order of business.
The city council, upon announcement of a quorum, shall proceed to transact the business before them in the following order:
(1) Reading of the minutes of the last meeting or meetings unless temporarily waived, and approval of same as read unless changed or objection by a member, in which event, they shall be approved as corrected.
(2) Correspondence coming before the council.
(3) Reports of officers and committees.
(4) Audit of all bills and claims against the city and ordering payment of bills approved and allowed.
(5) Unfinished business.
(6) New business.
(7) The presentation and hearing of remarks, complaints and petitions of citizens or other interested parties on all matters.
(8) Miscellaneous business. (Code 1980, § 2-27)
Sec. 2-34. Record of proceedings; rules.
The council shall cause to be kept a journal of its proceedings, and the ayes and nays of the members shall be entered on any question at the desire of any two (2) members. The council may prescribe and enforce such rules as may be necessary to secure the attendance of its members and the expeditious transactions of its business.
(Code 1980, § 2-28)
State law reference—Similar provisions, RSMo 77.090.
Sec. 2-35. Compel attendance of witnesses; issue process.
The council shall have power to compel the attendance of witnesses and the production of papers relating to any subject under consideration in which the interest of the city is involved, and shall have power to call on the proper officer of the city, or of the county in which such city is located, to execute such process. The officer making such service shall be entitled to receive therefor such fees as are allowed by law for similar service, to be paid by the city. The president of the council, or president pro tempore, shall have power to administer oaths to witnesses. (Code 1980, § 2-29)
State law reference—Similar provisions, RSMo 77.100.
Sec. 2-36. Semiannual financial statements.
The council shall semiannually, in January and July of each year, publish a full and detailed statement of the receipts and expenditures and indebtedness of the city for the half year ending on December thirty-first and June thirtieth preceding the date of such report, which statement shall be published in some news paper published in the county.
(Code 1980, § 2-30)
State law reference-Similar provisions, RSMo 77.110.
Sec. 2-37. Additional powers.
The city council shall possess and exercise such additional powers as are conferred upon it by the constitution and laws of the state.
(Code 1980, § 2-31)
Sec. 2-38. Filling of vacancies.
(Ord. No. 728, §§ 1-4, 1-21-87)
Secs. 2-39-2-55. Reserved.
Sec. 2-56. Manner of enactment generally.
No ordinance shall be passed except by bill, and no bill shall become an ordinance unless on its passage a majority of all the members of the city council vote therefor, and the yeas and nays be entered upon the minutes of the meetings.
(Code 1980, § 2-38)
Sec. 2-57. Reading of bills.
All bills shall be publicly read two (2) times at any regular or special meeting of the city council, or shall be read two (2) times at subsequent meetings, whether regular or special, before the passage thereof, and may be passed immediately after the third reading thereof.
(Code 1980, § 2-39)
State law reference-Similar provisions, RSMo 77.080.
Sec. 2-58. Effective date.
All ordinances shall be in full force and effect from and after their passage unless otherwise provided within the terms of such ordinance and after being duly signed by the mayor, or passed over his veto and objections, or by the failure of the mayor either to sign or veto such ordinance, or in the absence of the mayor by the president pro tempore, and attested by the city clerk.
(Code 1980, § 2-40)
Sec. 2-59. Amendments to Code-Effect.
Any and all additions and amendments to this Code of Ordinances when passed in such form as to indicate the intention of the city council to make the same a part thereof shall be deemed to be incorporated in such Code so that reference to the “Code of Ordinances of the City of Wellston, Missouri,” shall be under stood and intended to include such additions and amendments. (Code 1980, § 2-41)
Sec. 2-60. Language of amendments to Code.
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 Code of Ordinances of the City of Wellston, Missouri, is hereby amended to read as follows:
(Set out new provisions in full) .”
(Code 1980, § 2-43)
State law reference-Style of ordinance, how enacted, RSMo 77.080.
Sec. 2-61. New material.
“That the Code of Ordinances of the City of Wellston, 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) .”
“It is the intention of the city council, and it is hereby ordained, that the provisions of this ordinance shall become and be made part of the Code of Ordinances of the City of Wellston, Missouri, and the sections of this ordinance may be renumbered to accomplish such intention.”
(Code 1980, § 2-44)
Sec. 2-62. Supplementation of Code.
city council 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. The sub sequent ordinances as numbered and printed or omitted, in the case of repeal, shall be prima facie evidence of such subsequent ordinances until such time that this Code of Ordinances and sub sequent ordinances numbered or omitted are readopted as a new Code of Ordinances by the city council.
(b) In preparing 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 pre pare the supplement) may make formal, non substantive 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).
(5) Make other nonsubstantive changes necessary to preserve the original meaning of ordinance sections inserted into 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.
(Code 1980, §§ 2-42, 2-45)
Secs. 2-63-2-80. Reserved.
Sec. 2-81. Created.
There is hereby created in and for the city an administrative department in the city government known as the department of public works.
(Code 1980, § 2-149)
Sec. 2-82. Composition.
The department of public works shall consist of a superintendent of public works, who shall be the head of the department and all the employees assigned thereto.
(Code 1980, § 2-150)
Sec. 2-83. Superintendent-Appointment.
The superintendent of public works shall be appointed by the mayor. with the approval of the city council and the employees shall also be appointed by the mayor with the approval of the city council.
(Code 1980, § 2-151)
Sec. 2-84. Same-Salary.
The salary of the superintendent of public works and the employees shall be set by budget and ordinance as provided by law;
*Cross references-Civil defense, Ch. 6; flood damage prevention, Ch. 9; housing, Ch. 11; mobile homes and similar structures, Ch. 14; parks and recre ation, Ch. 17; solid wastes, Ch. 19; streets and sidewalks, Ch. 20; traffic and motor vehicles, Ch. 21; zoning, App. A
provided, however, that the superintendent and employees shall each work a total of two thousand eighty (2,080) hours per year. (Code 1980, § 2-152)
Sec. 2-85. Employees generally.
All employees of the department of public works shall perform their duties subject to the supervision of the superintendent of public works and shall work such schedules as shall be necessary to meet the needs of the city, such schedules to be set by the superintendent with the approval of the mayor.
(Code 1980, § 2-153)
Sec. 2-86. Supervision of public ways.
The department of public works shall have charge of and su pervision over the care, maintenance, construction, cleaning, sweeping, and the like of all streets, sidewalks, alleys and public ways.
(Code 1980, § 2-154)
Sec. 2-87. Supervision of sanitation.
The department of public works shall further have charge of and supervision over sanitation problems within the city in cluding but not limited to the collection of garbage and other types of solid and other waste, together with the transportation and disposal of same.
(Code 1980, § 2-155)
Sec. 2-88. Supervision of city property.
The department of public works shall be custodian of all real estate, and all necessary tools, equipment and other property for the performance of its duties including those not assigned to the care of the city or any other public department.
(Code 1980, § 2-156)
Secs. 2-89-2-105. Reserved.
ARTICLE IV. DEPARTMENT OF PUBLIC HEALTH AND WELFARE*
Sec. 2-106. Office established.
In order to conform to and comply with the laws of the state, under and by virtue of the provisions of RSMo 77.330 and 96.150 to 96.380, inclusive, there is hereby created within the city a department of public health and welfare. There is also hereby created the office of commissioner of public health and welfare whose duties are more particularly set forth hereafter.
(Code 1980, § 2-163)
Sec. 2-107. Qualifications.
The commissioner of public health shall be a qualified licensed practicing physician and surgeon of the state. Such person must be of good moral conduct and reputation, honest, industrious and learned in the field of medicine.
(Code 1980, § 2-164)
Sec. 2-108. Appointment.
The mayor at a regular meeting of the city council, shall rec ommend such a person as he feels most qualified for the post and appoint such person subject to the approval of a majority of all the members elected to the city council. Additional recommendations shall be made by the mayor until one (1) of such recommendations receives the required majority approval of the city council to make the appointment final.
(Code 1980, § 2-165)
Sec. 2-109. Tenure.
The commissioner of public health shall be employed at the pleasure of the council and the mayor.
(Code 1980, § 2-166)
*Cross references-Food and food handlers, Ch. 10; nuisances, Ch. 15; con trolled substances, § 16-51 et seq.; solid wastes, Ch. 19; zoning, App. A.
Sec. 2-110. Duties.
The commissioner of public health advises with all the city officials, police officers and the city council as may be required of him and shall perform all duties enjoined upon him by the city and the laws of the state.
(Code 1980, § 2-167)
Sec. 2-111. Compensation.
The commissioner of public health shall receive as compensa tion for his services, the sum of one dollar ($1.00) per annum. (Code 1980, § 2-168)
Secs. 2-112-2-130. Reserved.
ARTICLE V. OFFICERS AND EMPLOYEES
DIVISION 1. GENERALLY
Sec. 2-131. Employment generally.
(a) No person shall be employed as an officer or employee of the city or work for same until such time that he is recommended by the mayor to the city council and approved by a majority of the members of the council.
(b) Notwithstanding subsection (a) of this section, the mayor is hereby authorized, where vacancy exists and necessity requires, to retain any employee or officer on a temporary basis; provided that such person and name thereof is submitted to the council at the next regular meeting for its approval as set forth in subsec tion (a) of this section.
(Code 1980, § 2-57)
Sec. 2-132. Removal of officers.
(a) The mayor may, with the consent of a majority of all the members elected to the city council, remove from office, for cause shown, any elected officer of the city, such officer being first given opportunity, together with his witnesses to be heard before
the council, sitting as a court of impeachment. Any elected officer may in like manner for cause shown, be removed from office by a two-third vote of all members elected to the council independently of the mayor’s approval or recommendation.
(b) The mayor may, with the consent of a majority of all members elected to the council, remove from office any appointed officer of the city at will, and any such appointed officer may be so removed by a two-third vote of all the members elected to the council independently of the mayor’s approval or recommenda- tion.
(c) For the purposes of subsection (a) of this section, “cause” shall include, but shall not be limited to:
(1) The violation of any provision of the Code of Ordinances of the city, as amended, including, but not limited to, section 2-30.5 of the Code;
(2) The conviction of or pleading guilty to conduct which constitutes a felony or a misdemeanor involving moral turpitude;
(3) Engaging in conduct which is demonstrably and materi- ally injurious to the city; or
(4) The breach of one’s duty of loyalty to the city or the commission of any act of fraud, theft or dishonesty against or involving the city.
Any elected officer of the city removed for cause as herein provided, shall be subject to a fine of two hundred fifty dollars ($250.00), as permitted by applicable law.
(Code 1980, § 2-58; Ord. No. 962, § 3, 7-7-99)
State law reference—Similar provisions, RSMo 77.340.
Sec. 2-132.5. Appointment to fill vacancies.
If a vacancy occurs in any office of the city which is not an elective office, the mayor shall appoint a suitable person to
discharge the duties of the same until the first regular meeting of the city council thereafter, at which time such vacancy shall be permanently filled.
(Ord. No. 832, § 1, 12-18-91)
Editor’s note—Ord. No. 832, enacted December 18, 1991, did not specifically amend the Code; inclusion of § 1 as § 2-132.5 was at the discretion of the editor.
Sec. 2-133. Complaint against officer.
When any person has knowledge that any elected or appointed official of the city has committed an impeachable offense, he may make his affidavit before any person authorized to administer oaths, setting forth the facts constituting such offense and file the same with the city clerk for use by the city council, or deposit it with any elected member of the city council, furnishing also the names of witnesses who have knowledge of the facts constituting such offense. It shall be the duty of the elected members of the city council, if, in their opinion, the facts stated in such affidavit justify the prosecution of the official charged to sit as a court of impeachment.
(Code 1980, § 2-59)
State law reference—Authority to regulate manner of impeachment and removals, RSMo 77.340.
Sec. 2-134. Salaries of elected officials.
The elected officers of the city shall be paid such salaries as established by the council from time to time.
(Code 1980, § 2-60)
Sec. 2-134.5. Payment of compensation and expense ac- counts.
The compensation payments and expense account payments of all elected officers of the city shall be made monthly during the first week of each month.
(Ord. No. 838, § 1, 2-5-92; Ord. No. 844, § 1, 4-1-92)
Editor’s note—Ord. No. 838, enacted February 5, 1992, did not specifically amend the Code; inclusion of § 1 as § 2-134.5 was at the discretion of the editor
Sec. 2-135. Offices of assessor, collector abolished.
(a) The respective offices of city assessor and city collector are abolished.
(b) Hereafter, no election shall be held to fill the respective offices of city assessor or city collector.
(Code 1980, § 2-61)
State law reference—Council to abolish offices, when, RSMo 77.370(3).
Sec. 2-136. Bonds generally.
The various officers and employees shall make such bond as shall be required from time to time by the mayor and city council. (Code 1980, § 2-62)
Sec. 2-137. Employment rules, regulations, amendments.
(a) The city may, from time to time, adopt certain rules and regulations for employees of the city, which rules and regulations may establish disciplinary procedures for any violations thereof. Such rules and regulations may be adopted in the form of a City of Wellston Employee Handbook which shall, to the extent adopted, be kept on file in the office of the city clerk.
(b) The rules and regulations for the employees of the city may be amended in the future either upon written recommendation of the applicable supervisor and approval by the mayor and city council or independently by the mayor and the city council.
(c) Pursuant to section 18-27 of the Code, the city may adopt separate rules and regulations for employees of the police depart- ment in conjunction with or separate from the rules and regula- tions adopted pursuant to this section.
(Ord. No. 958, § 4, 7-7-99)
Secs. 2-138—2-155. Reserved.
DIVISION 2. MAYOR*
Sec. 2-156. Election, term.
At the general city election to be held on the first Tuesday in April in the year 1950, and every four (4) years thereafter, the *State law reference—Mayor generally, RSMo 77.230 et seq.
qualified voters of the city shall elect some suitable person as mayor of the city who shall hold office for a term of four (4) years, and until a successor is elected and qualified.
(Code 1980, § 2-69)
State law reference—Similar provisions, RSMo 77.370.
Sec. 2-157. Qualifications.
No person shall be mayor unless such person be at least thirty
(30) years of age, a citizen of the United States and a resident of the city at the time, and for two (2) years next preceding their election. When two (2) or more persons shall have an equal number of votes for the office of mayor, the matter shall be determined by the city council.
(Code 1980, § 2-70)
State law reference—Similar provisions, RSMo 77.230.
Sec. 2-158. Presiding officer, vote.
The mayor shall be president of the city council and shall preside over same, but shall not vote except in case of a tie in said city council when he shall cast the deciding vote; but provided, however, that he shall have no such power to vote in cases when he is an interested party.
(Code 1980, § 2-71)
State law reference-Similar provisions, RSMo 77.250.
Sec. 2-159. Mayor pro tempore’s vote.
The mayor pro tempore, acting in the capacity of mayor, may not vote as mayor on any bill, motion or other matter acted upon by the city council except in case of a tie, but may vote in all cases in his capacity as a member of the council.
(Code 1980, § 2-72)
Sec. 2-160. Appointment of committees.
The mayor shall appoint all standing committees, and shall appoint all special committees not otherwise authorized by the city council.
(Code 1980, § 2-73)
Sec. 2-161. General authority.
The mayor shall have the superintendent control of all the officers and affairs of the city, and shall take care that the ordi nances of the city and the state laws relating to the city are complied with.
(Code 1980, § 2-74)
State law reference-Similar provisions, RSMo 77.250.
Sec. 2-162. Execute commissions, approve bonds.
The mayor shall sign the commissions and appointments of all city officers elected or appointed in the city, and shall approve all official bonds.
(Code 1980, § 2-75)
State law reference-Similar provisions, RSMo 77.320.
Sec. 2-163. Sign checks, records.
The mayor shall sign all orders and drafts drawn on the trea sury for money, and cause the city clerk to attest the same, and to keep an accurate record thereof in a book to be provided for that purpose.
(Code 1980, § 2-76)
State Jaw reference-Similar provisions, RSMo 77.320.
Sec. 2-164. Authority to require additional bond; forfeiture of bond.
The mayor shall have the power, whenever in his judgment any bond held by the city from any person has become or is likely to become impaired through any cause whatsoever, to require the principal in such bond, at a time to be appointed by him, to show cause why a new bond shall not be given, and unless cause be shown, such person shall be required within twenty (20) days to enter into a new bond, and in default thereof the city shall have the right to declare a forfeiture of all rights and privileges granted by the city under the ordinance or contract of which such bond forms a part.
(Code 1980, § 2-77)
Sec. 2-165. General communications to council.
The mayor shall, from time to time, communicate to the city council such measures as may, in his opinion, tend to the improve ment of the finances, the police, health, security, ornament, com fort and general prosperity of the city.
(Code 1980, § 2-78)
State Jaw reference-Similar provisions, RSMo 77.290.
Sec. 2-166. Require reports from officers.
The mayor shall have power to require, as often as he may deem it necessary, any officer of the city to exhibit his accounts or other papers or records, and to make report to the city council, in writing, touching any subject or matter pertaining to his office. (Code 1980, § 2-79)
State Jaw reference-Similar provisions, RSMo 77.310.
Sec. 2-167. Enforcement of laws.
The mayor shall be active and vigilant in enforcing all laws and ordinances for the government of the city, and the mayor shall cause all subordinate officers to be dealt with promptly for any neglect or violation of duty. The mayor is hereby authorized to call on every male inhabitant of the city over eighteen (18) years of age and under fifty (50) years of age to aid in enforcing the laws.
(Code 1980, § 2-80)
State law reference-Similar provisions, RSMo 77.350.
Sec. 2-168. Remit f’mes, forfeitures.
The mayor shall have power to remit fines and forfeitures and to grant reprieves and pardons for offenses arising under ordi nances of the city; but the mayor shall not remit any costs which may have accrued to any officer of the city by reason of any prosecution under the laws or ordinances of the city.
(Code 1980, § 2-81)
State law reference-Similar provisions, RSMo 77.360.
Sec. 2-169. Administer oaths.
The mayor shall have the power to administer oaths to wit nesses summoned before the city council to testify in relation to any subject under consideration in which the interests of the city are involved.
(Code 1980, § 2-82)
Sec. 2-170. Annual report to council.
The mayor shall make a written report to the city council, on or before the first day of July of each year, which report shall con tain his estimate of the necessary appropriations to meet all the wants of the current year, and the estimated receipts from li censes, taxes and the sources, and which shall also show the ac tual financial condition of the city.
(Code 1980, § 2-83)
State law reference-Similar provisions, RSMo 77.300.
Sec. 2-171. Appointment of officers.
The mayor, with the consent and approval of a majority of the members elected to the city council, shall have power to appoint a street commissioner and such other officers as the mayor may be authorized to appoint.
(Code 1980, § 2-84)
State law reference-Similar provisions, RSMo 77.330.
Sec. 2-172. Veto authority-Generally.
The mayor shall have power to sign or veto any ordinance passed by the city council, and shall also possess the power to approve all or any portion of the general appropriation bill, or to veto any item or all of the same; provided, that should he neglect or refuse to sign any ordinance and return the same with his objections, in writing, at the next regular meeting of the city council, the same shall become law without his signature.
(Code 1980, § 2-85)
State law reference-Similar provisions, RSMo 77.270.
Sec. 2-173. Same-Expenditures of funds.
The mayor shall also have the power to veto any resolution or order of the city council which calls for or contemplates the ex penditure of the revenues of the city. Such veto shall be noted on the journal of the city council, and shall be effective and binding unless the city council, at a subsequent session thereof, general or special, shall pass such resolution or order by a vote of three fourths of all the members elected to the city council.
(Code 1980, § 2-86)
State law reference-Similar provisions, RSMo 77.280.
Sec. 2-174. Filling vacancy in office.
When any vacancy shall happen in the office of mayor, by death, resignation, removal from the city, removal from office, refusal to qualify, or otherwise, the president pro tempore of the city council shall, for the time being, perform the duties of mayor until the next regular election; and in case of the temporary absence of the mayor or disability to perform the duties of his office, the presi dent pro tern shall perform the duties of mayor until the mayor shall return or such disability be removed, and during the time the president pro tempore shall act as mayor, he shall receive the same compensation that the mayor would be entitled to.
(Code 1980, § 2-87)
State law reference-Similar provisions, RSMo 77.240.
Sec. 2-175. Additional duties, powers.
In addition to the duties, powers and authority herein granted and provided for, the mayor shall have such other duties, powers and authority as are or may be prescribed by law, ordinance or resolution of the city council.
(Code 1980, § 2-88)
Secs. 2-176-2-190, Reserved.
DIVISION 3. COUNCILMEN
Sec. 2-191. Wards, election, term.
(a) There are hereby established, subject to the provisions herein, six (6) wards for the city.
(b) There shall be one (1) councilman elected from each of such wards by the qualified voters thereof at the first election for coun cilmen held in the city after adoption of the provisions of this section. The first election pursuant to this section shall be held on the first Tuesday of April in the year 1986 and the councilmen elected in such election in the odd numbered wards shall be elected for a term of one (1) year and the councilmen elected in such election from the even numbered wards shall be elected for a term of two (2) years. At each annual election held thereafter, succes sors for councilmen whose terms expire in such year shall be elected for a term of two (2) years.
(Code 1980, § 2-96; Ord. No. 678, §§ 1, 2, 9-4-85)
State law reference-Election of councilmen, RSMo 77.030.
Sec. 2-192. Qualifications.
No person shall be a councilman unless he is at least twenty-one
(21) years of age, a citizen of the United States, and an inhabitant of the city for one (1) year next preceding his election, and a resident of the ward from which he is elected six (6) months next preceding his election. Whenever there shall be a tie in the elec tion of a councilman, the matter shall be determined by a ma jority of the council elect.
(Code 1980, § 2-97; Ord. No. 720, § 1, 9-3-86)
State law reference-Similar provisions, RSMo 77.060.
Sec. 2-193. President pro tempore-Selection.
At the first regular meeting of the city council after the election in each year, which meeting shall occur at the time fixed by ordinance but shall not be later than the third Tuesday in April, the council shall elect one (1) of its members president pro tern, who shall hold his office for the term of one (1) year, and who, in the absence of the mayor, shall preside at the meetings of the council. Provided, in the absence of the mayor, and president pro tern the council may select one (1) of its members present to pre side at such meetings, who shall be styled “acting president pro tern.”
(Code 1980, § 2-98)
State law reference-Similar provisions, RSMo 77.070.
Sec. 2·194. Same-Compensation.
In addition to his regular compensation as a member of the city council, the president pro tern, when serving in the absence or inability to act for the mayor, shall receive the compensation provided for the mayor during the period for which he acts in such capacity.
(Code 1980, § 2-99)
Sec. 2-195. Expense reimbursements.
(a) The city, and the officers thereof, are hereby authorized and directed to pay to each member of the city council for reimburse ment for expenses, such sums as established by the council from time to time.
(b) The payments authorized in subsection (a) of this section shall be in addition to all sums received as compensation by mem bers of the city council.
(Ord. No. 791, §§ 1, 2, 6-26-89)
Secs. 2·196-2-210. Reserved.
§ 2-213
DIVISION 4. ADMINISTRATIVE ASSISTANT
Sec. 2-211. Creation of position.
The office of city administrative assistant for the city is hereby created. For the purposes of this division, such office shall be referred to herein as “assistant.”
(Ord. No. 691, § 1, 6-17-86)
Sec. 2-212. Appointment, term, qualifications.
(a) Appointment. The assistant shall be appointed by the mayor subject to approval by a majority of the city council. The mayor may fill this position either by appointment of an employee or by entering into a contract with an independent contractor as pre scribed herein.
(b) Term. The term of office for the assistant shall be one (1)
year.
(c) Qualifications. The assistant shall be at least twenty-one
(21) years of age and shall have earned a bachelor’s degree from an accredited university with a major in public administration and/or business administration or shall have practical experience in the field of public administration for a period of no less than five (5) years. Assistant shall possess such qualifications prior to appointment.
(Ord. No. 691, § 2, 6-17-86)
Sec. 2-213. Oath.
Upon appointment, the assistant shall take and subscribe to an oath of office before some person authorized to administer oaths that he possesses all the qualifications subscribed for his office by law, that he will support the Constitution of the United States and of the state, the provisions of all laws of the state and the ordinances of the city and that he will faithfully demean himself while in office.
(Ord. No. 691, § 3, 6-17-86)
Sec. 2-214. Bond.
The assistant, before entering upon the duties of his office, shall file with the city a bond conditioned upon the faithful and honest performance of his duties and the rendering of faithful and proper accounts to the city for funds and property in his posses sion or under his control in the amount of fifteen thousand dollars ($15,000.00); provided, however, that if the assistant is covered by a blanket bond in the same amount, an individual bond shall not be required. The cost of such bond shall be paid by the city. (Ord. No. 691, § 4, 6-17-86)
Sec. 2-215. Compensation and benefits.
The assistant shall receive such compensation as shall be es tablished by ordinance and the assistant shall be entitled to all fringe benefits which are provided to other officers and employees of the city and such other fringe benefits as the city council may provide by ordinance. The assistant shall be reimbursed for all expenses incurred within the scope of his employment and all expenses shall be submitted each month to the mayor for review prior to reimbursement.
(Ord. No. 691, § 5, 6-17-86)
Sec. 2-216. Removal.
The assistant may be removed from office for cause shown by the mayor with the consent of a majority of the members elected to the city council or by a two-thirds vote of all members elected to the city council independently of the mayor’s approval or rec ommendation.
(Ord. No. 691, § 6, 6-17-86)
Sec. 2-217. Position to be full-time; duties generally.
The office of the assistant shall be a full-time position and the assistant shall perform all duties prescribed by ordinance.
(Ord. No. 691, § 7, 6-17-86)
Sec. 2-218. Duties as chief administrative assistant to mayor.
The assistant shall serve as the chief administrative assistant to the mayor. The assistant shall supervise the administration of the government of the city subject to the supervision of the mayor. The duties of the assistant shall include but shall not be limited to the following:
(1) General administrative duties.
a. Carry out all policies established by the mayor and city council.
b. Develop a plan of organization to establish areas of responsibility, lines of authority and formal channels of communication and establish such rules and regu lations as are necessary for the effective administra tion of the city.
c. Provide for the maintenance and operation of all prop erty of the city as required by ordinances or other ap plicable local, state and federal laws.
d. Report periodically to the mayor and city council on all aspects of the city government.
e. Provide for meaningful relationships and communica tions between the city and its residents.
f. Be responsible for supervising the administrative and operational activities of the city administrative offices, and the administrative activities but not the opera tional activities of the department of public works and the department of police.
g. Review the preparation of all bid specifications for ser vices and equipment.
h. Prepare and submit to the mayor and city council an annual statement of objectives which will specify goals and timetables consistent with objectives prescribed by the mayor and city council.
1. Perform related duties as required by the mayor and city council not inconsistent with the statutes of the state and ordinances of the city.
(2) Committee duties.
a. Attend all meetings of the city council.
b. Attend, as requested by the mayor, committee meet ings for standing and special committees of the city.
(3) Personnel duties.
a. Be responsible for establishing or recommending the establishment of personnel programs and procedures employing good principles of personnel policies and practices which are internally consistent and exter nally competitive.
b. Promote the organization and continuing development of a competent city staff.
c. Design, prepare and submit for review and adoption by the city council personnel procedures, position classi fications and compensation schedules for employees cov ered in the city’s personnel program.
d. Prescribe the functions and duties of officers and em ployees of the city not otherwise prescribed by law.
e. Recommend to the mayor and city council the appoint ment and discharge of all officers and employees of the city consistent with the established procedures of the city, except elected officers of the city, the chief of po lice, the city engineer/director of public works, city at torney, municipal judge and prosecuting attorney.
f. Establish administrative rules and regulations not in consistent with state law or city ordinances as may be necessary or proper for the efficient conduct of the busi ness of the city.
(4) Financial duties.
a. Supervise the collection and deposit of all taxes and revenues such as, but not limited to, sales, personal property, real estate, gasoline, cigarette and intan gible taxes and road and bridge fund revenues, license and permit fees, federal revenue sharing funds and court fines.
b. Supervise in the manner prescribed by law the pur chase of all materials, supplies and equipment for which funds are provided in the budget or otherwise appropriated by the city council.
c. Keep the mayor and city council advised of the finan cial condition and future needs of the city, including
the anticipated financial impact of proposed ordinances and make such recommendations as he may deem ap propriate.
d. Coordinate the preparation of a monthly status report covering all departmental operations and city finan- cial conditions. ·
e. Supervise and coordinate efforts on behalf of the city to obtain financial grants from any source.
f. The assistant may have the authority to expend city funds not to exceed two hundred fifty dollars ($250.00) without the approval of the mayor and all other sums are to be approved in advance as prescribed by ordi nance or law.
(5) Other duties. Perform other duties as may be prescribed by the mayor or by a contract of employment entered into with the city.
(Ord. No. 691, § 8, 6-17-86)
Sec. 2-219. Coordination of departments.
The assistant shall coordinate the work of all departments of the city and, in times of emergency, may assign the employees of the city to any department where they are needed for the most effective discharge of the functions of city government.
(Ord. No. 691, § 9, 6-17-86)
Sec. 2-220. Power to investigate departments.
The assistant shall have the independent power to investigate and to examine or inquire into the administrative affairs of any department of the city under his jurisdiction, and shall report to the mayor on any condition or fact concerning the city govern ment that he is requested by the mayor to investigate, examine or inquire into.
(Ord. No. 691, § 10, 6-17-86)
Sec. 2-221. Powers not to supersede mayor.
At no time shall the duties, powers or acts of the assistant be construed to supersede the actions of the mayor.
(Ord. No. 691, § 11, 6-17-86)
Sec. 2·222. Political activity.
The assistant shall not use his official authority to influence the voting in any election held within the city. The assistant shall not lend support to the candidacy of any person seeking elective office in the city. Nothing herein shall restrict the assistant from exercising his right to vote if he is a qualified voter.
(Ord. No. 691, § 12, 6-17-86)
Sec. 2-223. Acting administrator.
In the event that the assistant shall be temporarily unable to perform his duties, the mayor shall designate an acting assistant who shall have and perform all of the powers, rights and duties of the assistant during such absence, but the individual so desig nated shall receive no additional compensation therefor if already employed by the city.
(Ord. No. 691, § 13, 6-17-86)
Sec. 2-224. Employment contract.
The city may, acting through the mayor with the consent of a majority of the members elected to the city council enter into an annual employment contract with a person meeting the qualifi cations set forth in this division. Such contract may more fully prescribe the terms and conditions of employment but shall not conflict with the provisions of this division.
(Ord. No. 691, § 14, 6-17-86)
Secs. 2-225-2-240. Reserved.
DIVISION 5. CITY CLERK*
Sec. 2-241. Office created.
There is hereby created the office of city clerk of the city. (Code 1980, § 2-106)
•State law reference-City clerk generally, RSMo 77.410 et seq.
Sec. 2-242 Qualifications.
The city clerk shall be a person no less than twenty-five (25) years of age at the time of his appointment, a graduate of an accredited high school, or one possessing the equivalent thereof, a resident of the state for at least one (1) whole year before the date of his appointment, and shall possess such other qualifications as the city council shall, from time to time, by resolution or ordi nance prescribe.
(Code 1980, § 2-107)
Sec. 2-243. Appointment.
The city clerk shall be appointed by the mayor, with the ap proval of the city council.
(Code 1980, § 2-108)
Sec. 2-244. Term.
The term of office of the city clerk shall be for one (1) year and until his successor in office shall have been duly appointed and confirmed.
(Code 1980, § 2-109)
Sec. 2-245. Duties generally.
The duties of the city clerk shall be such as are usually per formed by the city clerks of cities of the third class, as are pre scribed by the statutes of the state, and such other duties as may be prescribed from time to time by the city council by resolution or ordinance.
(Code 1980, § 2-110)
Secs. 2-246-2-260. Reserved.
DMSION 6. TREASURER•
Sec. 2-261. Election, term.
The city treasurer of the city shall be appointed by the mayor with the approval of the majority of the members elected to the city council of the city. The term of said appointment shall be two
(2) years.
(Ord. No. 833, § 1, 1-2-92)
State law reference-Similar provisions, RSMo 77.370.
Sec. 2-262. Qualifications.
The qualifications for the office of treasurer of the city shall be the same as that of an elector thereof.
(Code 1980, § 2-118)
Sec. 2-263. Safekeeping of moneys, warrants, etc.
The city treasurer shall receive and safely keep all moneys, warrants, books, bonds and other property belonging to the city entrusted to his care and deliver same to his successor in office, taking duplicate receipts therefor, one (1) of which shall be filed with the city clerk.
(Code 1980, § 2-119)
Sec. 2-264. Drawing of checks.
The city treasurer shall not draw any checks on the city depos itory except upon a warrant signed by the mayor and attested by the city clerk.
(Code 1980, § 2-120)
Sec. 2-265. Payment of warrants restricted.
It shall be the duty of the city treasurer upon the presentation to him of any warrant drawn by the proper authority, if there shall be money enough in the depository belonging to the fund upon which such warrant is drawn and out of which the same is payable, to draw his check as treasurer upon the city depository in favor of the legal holder of such warrant, and to take up such warrant and charge the same to the fund upon which it is drawn;
•cross reference-Licenses and taxation, Ch. 13.
State law reference-Duties generally, RSMo 95.065, 95.295.
but in no case shall the city treasurer draw any check upon any fund in the city depository unless there is sufficient money be longing to the fund upon which such warrant is drawn to pay the same. No money belonging to the city shall be paid out of the city depository except upon the checks of the city treasurer, and all such checks shall be payable by the depository at its place of business in the city.
(Code 1980, § 2-121)
Sec. 2-266. Examination of bills.
The city treasurer shall examine all bills that contemplate the payment of money which may be referred to him by the city council before their final passage and if it appears that a suffi cient sum stands to the credit of the city unappropriated in the fund covered by such ordinance to meet the requirements of the bill, he shall endorse the bill to that effect.
(Code 1980, § 2-122)
Sec. 2-267. Keeping of accounts generally.
The city treasurer shall keep, in proper books, a full, accurate account of all moneys received and disbursed by him for the city, showing the date of receipt and disbursement, from whom re ceived and to whom paid, and on what account received and dis bursed. He shall keep a separate account of and with each of the several funds to which the revenues of the city are required to be appropriated and credit to such accounts the amounts disbursed therefrom, so that the accounts will at all times show the condi tion of various funds.
(Code 1980, § 2-123)
Sec. 2-268. Register of warrants.
The city treasurer shall keep a register of all warrants received into the treasury in the payment of indebtedness to the city, re deemed or paid, wherein shall be set forth the number, date, amount and payee of each warrant, the date when, from or to whom, and on what account, received or paid. All warrants re ceived and paid by the city treasurer shall be cancelled and filed. (Code 1980, § 2-124)
Sec. 2-269. Record of bonds.
The city treasurer shall keep a record of bonds or other evi dences of indebtedness of the city which shall describe the same fully, in the same manner as in the case of warrants so far as practicable; also to whom and at what price the same were sold, rate of interest, when and where payable, date of maturity, pur pose of issue, denominations and number of bonds and amount of issue.
(Code 1980, § 2-125)
Sec. 2-270. Receipts to city officers.
The city treasurer shall issue to every officer or other person making payment to the city, a receipt, stating the date of pay ment, on what account paid, and whether paid in cash, by check, warrant or otherwise and file with the city clerk a duplicate of every receipt so issued.
(Code 1980, § 2-126)
Sec. 2-271. Monthly reports.
The city treasurer shall make a report in writing to the city council, at its first regular session each month, showing the amount on hand and credited to the various funds on the first day of the preceding month the receipts and expenditures during such month, giving sources of receipts and the particular funds from which expenditures were made with all details as to the method of payment, amount and payee, and total amount in treasury, and unexpended balance to the credit of the respective funds on the last day of the preceding month.
(Code 1980, § 2-127)
Sec. 2-272. Annual report.
The city treasurer shall report to the city council, under oath and in writing, on or before the first day of July in each year, the amount of receipts and expenditures of the treasury for the pre vious fiscal year, the amount of money on hand, and the amount of bonds falling due for the redemption of which provision must be
made, and the amount of interest to be paid during the next fiscal year.
(Code 1980, § 2-128)
Sec. 2-273. Additional duties.
The city treasurer shall also perform such other duties in the line of his office as may be required of him by law, ordinance or resolution of the city council.
(Code 1980, § 2-129)
Secs. 2-274-2-290. Reserved.
DIVISION 7. CITY ATTORNEY*
Sec. 2-291. Election, term.
At the general city election to be held on the first Tuesday in April in the year 1950, and every two (2) years thereafter, the qualified voters of the city shall elect some suitable person as city attorney, who shall hold office for a term of two (2) years, and until a successor is duly elected and qualified.
(Code 1980, § 2-136)
Sec. 2-292. Qualifications.
The city attorney of the city shall be a person licensed to prac tice law in the state and be an eligible voter of the state at the time of his election.
(Code 1980, § 2-137)
State law reference-Qualifications, RSMo 77.380.
Sec. 2-293. Duties generally.
It shall be the duty of the city attorney to prosecute all actions originating in the municipal court for violation of this Code or the ordinances of the city, to attend all sessions of the municipal court and to take all steps and perform all duties in connection there with, necessary and requisite to protect the interests of the city. In the event that any complaint may be made by any person other
*State law reference-Similar provisions, R9Mo 77.370.
than the officers of the police department of this city before the municipal judge, the city attorney may, if in his judgment the interest of the city demands it, require that such complainant, or party at whose instant the complaint is made, give security for court costs, to be approved by the municipal judge, before pro ceeding further with such cause.
(Code 1980, § 2-138)
State law reference-Similar provisions, RSMo 98.330.
Sec. 2-294. City counselor-Appointment.
There is hereby created the office of city counselor. The mayor, with the consent and approval of the majority of the members elected to the city council, shall have the power to appoint such city counselor. He shall serve at the pleasure of the mayor and the city council. The mayor may, with the consent of the members elected to the council, remove from office such city counselor at will and he may also be removed from office by a vote of two thirds of all of the members elected to the city council, indepen dently of the mayor’s approval or recommendation, as provided under the terms of RSMo 77.340.
(Code 1980, § 2-139)
Sec. 2-295. Same-Qualifications.
No person shall be qualified to hold the position of city coun selor other than a duly licensed practicing attorney of the state. Such person must be of good moral conduct and reputation, honest and industrious, and learned in the field of law.
(Code 1980, § 2-140)
Sec. 2-296. Same-Duties generally.
The city counselor shall represent the city in all cases in all courts of record in this state, shall draft all ordinances and con tracts and legal forms of every kind, and give legal advice to the city council, and other officers of the city, and shall perform such other duties as may be prescribed by this Code or city ordinance or may be ordered by the council or the mayor.
(Code 1980, § 2-141)
Sec. 2-297. Same-Compensation.
The salary, compensation and expense allowance of the city counselor shall be fixed, allowed and paid from time to time in the sums and in the manner provided by order or resolution of the city council on recommendation of the budget committee.
(Code 1980, § 2-142)
Secs. 2-298-2-315. Reserved.
DIVISION 8. BUILDING COMMISSIONER
Sec. 2-316. Appointment.
The mayor, with the consent and approval of the city council, shall appoint some suitable and qualified person as building com missioner of the city.
(Code 1980, § 2-169)
Sec. 2-317. Termination.
The employment and appointment of the building commis sioner may be terminated by the city at any time and in such manner as may be determined by the mayor and a majority of the members of the city council.
(Code 1980, § 2-170)
Sec. 2-318. Powers and duties.
The building commissioner shall have such powers and duties as may from time to time be assigned to him by the mayor and the city council.
(Code 1980, § 2-171)
Sec. 2-319. Compensation.
The building commissioner shall receive as compensation for his services the sum of one dollar ($1.00) per month, together with the sum of one dollar ($1.00) as reimbursement for his expenses incurred in the course of his duties as building commissioner. (Code 1980, § 2-172)
Secs. 2-320-2-335. Reserved.
ARTICLE VI. EMPLOYEE BENEFITS DIVISION 1. GENERALLY
Sec. 2-336. Insurance premiums.
All types of medical, dental, hospitalization and similar type insurance for all employees of the city, together with life insur ance premiums for same to be paid for by the city, are hereby authorized in such amounts and to such companies as may from time to time be approved by the city council and the mayor. (Code 1980, § 2-176)
Secs. 2-337-2-360, Reserved.
DIVISION 2. RETIREMENT
Sec. 2-361. Coverage extended.
The city is a “political subdivision” as defined in RSMo 70.600 through 70.755 and hereby elects to have covered by the Missouri Local Government Employees Retirement System all its eligible employees in the following classes:
(1) Present and future general employees.
(2) Present and future policemen as defined in the statute re ferred to in this section.
(Code 1980, § 2-188)
Sec. 2-362. Prior service credit.
The city hereby elects that one hundred (100) percent of prior employment be considered for prior service credit in computing benefits and contributions to the system.
(Code 1980, § 2-189)
Sec. 2-363. Contributions, deductions.
The city clerk, treasurer and mayor are hereby authorized and directed to deduct from the wages and salaries of each employee
member, the member contributions required by RSMo 70.705, and to promptly remit the deductions to the retirement system, together with the employer contributions required by RSMo 70.730, together with all sums required for prior service credit. (Code 1980, § 2-190)
Secs. 2-364-2-380. Reserved.
DIVISION 3. SOCIAL SECURITY*
Sec. 2-381. Policy and purpose.
It is hereby declared to be the policy and purpose of the city to extend to all eligible employees and officials of the city who are not excluded by law or by this division, and whether employed in connection with a governmental or proprietary function of the city, the benefits of the system of federal old-age and survivors insurance as authorized by the Social Security Act Amendments of 1950, and by RSMo 105.300 through 105.440, and amendments thereof, as the same may be now and hereafter in effect.
(Code 1980, § 2-198)
Sec. 2-382. Execution of plan, agreement.
The mayor and city clerk are hereby authorized and directed, on behalf of this city, to prepare, execute, and submit to the di vision of budget and comptroller of the state, as state agency of the state, a plan agreement for extending such benefits to such eligible employees and officials of the city in the form prepared by the state agency and hereby approved and adopted by the city council, which plan and agreement are to become effective upon approval thereof by the state agency, and are further authorized and directed to executed agreements and modifications and amend ments thereof with the state agency, providing for the extension of such benefits to said employees and officials as set forth in such plan and agreement, such plan and agreement to provide that such extension of benefits is to be effective on July 1, 1957. (Code 1980, § 2-199)
•State law reference-Social security, RSMo 105.300-105.440.
Sec. 2-383. Deductions, contributions.
Commencing on the first day of the month following the date of the approval of the plan and agreement of this city by the state agency, there shall be deducted from the wages of all employees and officials of the city, to whom the benefits of the system of federal old-age and survivors insurance are extended, by virtue of the plan and agreement hereinbefore provided for, the amount of each of the employees’ and officials’ contributions, as determined by the applicable state and federal laws and by such plan and agreement, the aggregate amount of such deductions to be paid into the contributions fund created by state statute; provided, however, that from the first payment of wages made to each of such employees and officials after the benefits of such system have been extended to such employees and officials, there shall be deducted a sum equal to the amount which would have been due and payable from each of such employees and officials had such extension of benefits been provided and effective on July 1, 1957. (Code 1980, § 2-200)
Sec. 2-384. Appropriation of city’s contribution.
Commencing on the first day of the month following the date of the approval of the plan and agreement of this city by the state agency, there is hereby authorized to be appropriated from the general revenue fund of the city, and there is, and shall be ap propriated, the sum of money necessary to pay the contributions of the city, which shall be due and payable by virtue of the ex tension of the benefits of the federal old-age and survivors insur ance system to the eligible employees and officials of the city, said sum or sums of money to be paid into the contributions fund created by state statute; provided, however, that in making the first payment to such contributions fund, after the benefits of such system have been extended to such employees and officials, such first payment shall include a sum equal to the amount which would have been due and payable had such extension of benefits been provided and effective on July 1, 1957. The fund from which such appropriation is made will, at all times, be sufficient to pay the contributions of the city by this section directed to be paid to such contributions fund.
(Code 1980, § 2-201)
Sec. 2-385. Compliance with law.
The city, from and after the approval of the plan and agreement of this city by the state agency, shall fully comply with, and shall keep such records, make such reports and provide such methods of administration of such plan and agreement as may be required by all applicable state and federal laws, rules and regulations, now and hereafter in effect with respect to the extension of the benefits of the federal old-age and survivors insurance system to the employees and officials of this city. For the purpose of administering such plan and agreement the city clerk of this city shall be the official who shall make all required reports, keep all records, and be responsible for the administration of such plan and agreement on behalf of this city.
(Code 1980, § 2-202)
Secs. 2-386-2-400. Reserved.
ARTICLE VII. CONFLICTS OF INTEREST*
Sec. 2-401. Declaration of policy.
The proper operation of municipal government requires that public officials and employees be independent, impartial and responsible to the people; that government decisions and policy be made in the proper channels of the governmental structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government. In recognition of these goals, there is hereby established a procedure for disclo sure by certain officials and employees of private financial or other interests in matters affecting the city.
(Ord. No. 828, § 1, 9-12-91)
Sec. 2-402. Disclosure; disqualification.
The mayor or any member of the city council who has a substantial personal or private interest, as defined by state law,
*Editor’s note-Ord. No. 843, enacted September 12, 1991, did not specifi cally amend the Code; inclusion of§§ 1-5 as Art. VII,§§ 2-401-2-405 was at the discretion of the editor.
in any bill shall disclose on the records of the city council the nature of his interest and shall disqualify himself from voting on any matters relating to this interest.
(Ord. No. 828, § 2, 9-12-91)
Sec. 2-403. Disclosure reports.
Each elected official, the chief administrative officer, the chief purchasing officer, and the full-time general council, if there is one, of the city shall disclose the following information by May 1 if any such transaction occurred during the previous calendar year:
(1) For such person, and all persons within the first degree of consanguinity or affinity of such person, the date and the identities of the parties to each transaction with a total value in excess of five hundred dollars ($500.00), if any, that such person had with the political subdivision, other than compensation received as an employee or payment of any tax, fee or penalty due to the political subdivision, and other than transfers for no consideration to the political subdivision; and
(2) The date and the identities of the parties to each trans action known to the person with a total value in excess of five hundred dollars ($500.00), if any, that any business entity in which such person had a substantial interest, had with the political subdivision, other than payment of any tax, fee or penalty due to the political subdivision or transactions involving payment for providing utility ser vice to the political subdivision, and other than transfers for no consideration to the political subdivision.
(3) That chief administrative officer and the chief purchasing officer also shall disclose by May 1 for the previous calendar year the following information:
a. The name and address of each of the employers of such person from whom income of one thousand dollars ($1,000.00) or more was received during the year covered by the statement;
b. The name and address of each sole proprietorship that he owned; the name, address and the general
nature of the business conducted of each general partnership and joint venture in which he was a partner or participant; the name and address of each partner or coparticipant for each partnership or joint venture unless such names and addresses are filed by the partnership or joint venture with the secretary of state; the name, address and general nature of the business conducted of any closely held corporation or limited partnership in which the person owned ten (10) percent or more of any class of the outstanding stock or limited partnership units; and the name of any publicly traded corporation or limited partnership that is listed on a regulated stock exchange or automated quotation system in which the person owned two (2) percent or more of any class of outstanding stock, limited partnership units or other equity interests;
c. The name and address of each corporation for which such person served in the capacity of a director, officer or receiver.
(Ord. No. 828, § 3, 9-12-91; Ord. No. 895, § 1, 5-17-95)
Sec. 2-404. Filing of reports, generally.
The reports, in the attached format, marked Exhibit “A”, [not reproduced herein] shall be filed with the city clerk and with the secretary of state prior to January 1, 1993, and thereafter with the ethics commission. The reports shall be available for public inspection and copying during normal business hours.
(Ord. No. 828, § 4, 9-12-91)
Sec. 2-405. When reports filed.
(a) The financial interest statements shall be filed at the following times, but no person is required to file more than one financial interest statement in any calendar year:
(1) Each person appointed to office shall file the statement within thirty (30) days of such appointment or employ ment;
(2) Every other person required to file a financial interest statement shall file the statement annually not later than May 1 and the statement shall cover the calendar year ending the immediately preceding December 31; provided that any member of the city council may supplement the financial interest statement to report additional interests acquired after December 31 of the covered year until the date of filing of the financial interest statement.
(b) Financial disclosure reports giving the financial informa tion required in 2-403 shall be filed with the city clerk and the state ethics commission. The reports shall be available for public inspection and copying during normal business hours.
(Ord. No. 828, § 5, 9-12-91; Ord. No. 895, § 2, 5-17-95)
Sec. 3-1. Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them:
Alcoholic beverages means intoxicating liquors, malt liquor and nonintoxicating beer.
Closed place means a place where all doors are locked and where no patrons are in the place or about the premises.
Hotel means every building or other structure kept, used, maintained, advertised or held out to the public as a place where sleeping accommodations are furnished for pay to transient or permanent guests, in which ten (10) or more rooms are furnished for the accommodation of such guest, whether with or without meals, as evidenced by a license duly issued to the person owning, keeping, using, maintaining, advertising or holding out such place to the public to be a place where such accommodations are furnished; provided, however, the excise commissioner shall be sat-
State law references-Liquor control law, RSMo Ch. 311; municipal authority
justified by such proof as he may demand that such building or other structure is being actually kept, used and maintained as a hotel.
Intoxicating liquor means alcohol for beverage purposes, alcoholic, spirituous, vinous or fermented, malt and any other liquors, or combination of liquors, a part of which is spirituous, vinous or fermented, and all preparations or mixtures for beverage purposes containing in excess of three and two-tenths (3.2) percent of alcohol by weight.
Malt liquor means any beverage manufactured from pure hops or pure barley malt or wholesome grains or cereals and whole some yeast and pure water, containing alcohol in excess of three and two-tenths (3.2) percent by weight and not in excess of five (5) percent by weight.
Nonintoxicating beer means any beer manufactured from pure hops or pure extract of hops, and pure barley malt or other whole some grains or cereals, and wholesome yeast, and pure water, and free from all harmful substances, preservatives and adulterants, and having an alcoholic content of not less than one-half of one (1) percent by volume nor exceeding three and two-tenths (3.2) per cent by weight.
Original package means any package containing three (3) or more standard bottles of beer or a package or container containing a quantity of fifty (50) milliliters or more of intoxicating liquor in the manufacturer’s original package. With reference to nonintoxicating beer, the term “original package” shall mean and include any package containing three (3) or more of any size bottles or any other container when such bottles or containers contain nonintoxicating beer, as defined in this section.
Premises means the entire building in which the licensee has his place of business and any additional building used in connection therewith, and the entire lot or lots, parcel or parcels, of land on which such buildings are situated or which are used in connection with such building.
Restaurant means every place where the greater volume in value of business transacted in such place is represented by food sold for consumption in the place where such business is con ducted.
to require a liquor license, RSMo 311.220.
Wholesale liquor dealing agent means any person who solicits, receives or takes orders for the purchase and delivery of any intoxicating liquor to any person in the city for resale to other persons.
(Code 1980, § 4-1)
Cross reference-Definitions and rules of construction generally, § 1-2. State law reference-Similar provisions, RSMo 311.020, 311.100, 311.200(2),
312.010(3).
Sec. 3-2. Purchase, possession by minors.
Each and every person under the age of twenty-one (21) years is hereby forbidden to purchase or attempt to purchase, or to have in his possession any intoxicating liquors as defined in RSMo
311.020 or any nonintoxicating beer as defined in RSMo 312.010. (Code 1980, § 4-2)
State law reference-Possession by minors, RSMo 311.325, 312.407.
Sec. 3-3. Consumption in public.
Any person who shall purchase or otherwise obtain any beer, wine, liquor or any spirituous or malt liquors of any percentage of alcohol and drink the same in any park, street, alley, thorough fare or public or in the front of any building, residential or commercial, shall be charged with consumption in public.
(Code 1980, § 4-3; Ord. No. 872, § 2a, 6-1-94)
Sec. 3-4. Druggists may sell and physicians prescribe.
Any druggist may have in his possession alcoholic beverages purchased by him from a licensed vendor under a license pursu ant to this chapter, or alcoholic beverages lawfully acquired at the place of acquisition and legally transported into this state, and lawfully inspected, gauged and labeled, as provided for in this chapter; such alcoholic beverages to be used in connection with the business of the druggist, in compounding medicines or as a solvent or preservative; provided, however, nothing in this chap ter shall prevent a regularly licensed druggist, after he procures a license therefor in compliance with this chapter, from selling alcoholic beverages in the original packages, but not to be drunk or the packages opened on the premises where sold; and nothing in this chapter shall be construed as limiting the right of a
physician to prescribe alcoholic beverages in accordance with his professional judgment for any patron at any time, or of a druggist to sell alcoholic beverages to a person on prescription from a regularly licensed physician as above provided.
(Code 1980, § 4-4)
State law reference-Druggist may sell, physicians prescribe liquor, RSMo 311.470.
Sec. 3-5. Misrepresentation of age.
Any person of the age of seventeen (17) years and under the age of majority who shall represent that he has attained the age of majority for the purpose of purchasing, asking for or in any way receiving any intoxicating liquor or nonintoxicating liquor or nonintoxicating beer, except in cases authorized by law, shall upon conviction be deemed guilty of an offense.
(Code 1980, § 4-5)
State law reference-Misrepresentation of age, RSMo 311.320, 312.405.
Sec. 3-6. Sale to certain persons restricted.
No person or his employees shall sell or supply alcoholic beverages or permit the same to be sold or supplied to an habitual drunkard or to any person who is under or apparently under the influence of alcohol. Alcoholic beverages shall not be given, sold or otherwise supplied to any minor, but this shall not apply to the supplying of alcoholic beverages under such purposes or to the administering of alcoholic beverages to such person by a physician.
(Code 1980, § 4-21)
State law reference-Sale to certain persons restricted, RSMo 311.310, 312.400.
Sec. 3-7. Sale by minors.
(a) Except as otherwise provided by this section, no minor shall sell or assist in the sale or dispensing of alcoholic beverages.
(50) percent of the gross sales made consist of goods, wares, merchandise or commodities other than alcoholic beverages in the original package, persons at least eighteen (18) years of age may stock, arrange displays, accept payment for and sack, for carry
out, alcoholic beverages. Delivery of alcoholic beverages away from the licensed premises cannot be performed by any minor. (Code 1980, § 4-22)
State law reference-Sale by minors, RSMo 311.300,
Secs. 3-8-3-20. Reserved.
ARTICLE II. INTOXICATING LIQUOR*
DIVISION 1. GENERALLY
Sec. 3-21. Hours of sale.
No person having a license under the provisions of this article, nor any employee of such person shall sell, give away or other wise dispose of or suffer the same to be done upon or about his premises any intoxicating liquor in any quantity between the hours of 1:30 a.m. and 6:00 a.m. on weekdays and between the hours of 1:30 a.m. Sunday and 6:00 a.m. Monday, or upon the day of any general, special or primary election, either national, state, county or municipal, held in the city, except in the elections where no candidate for public office is being nominated or elected, and if such person has a license to sell intoxicating liquor by the drink, his premises shall be and remain a closed place upon the day of any general, special or primary election, either national, state, county or municipal held within the city, except in elections where no candidate for public office is being nominated, and between the hours of 1:30 a.m. and 6:00 a.m. on weekdays and between the hours of 1:30 a.m. Sunday and 12:00 midnight Sunday; provided that the sale of intoxicating liquor may be resumed and the premises reopened on any such election day after the expiration of thirty (30) minutes next following the hour of time fixed by law for the closing of the polls at any such election, and provided further that where such licenses authorizing the sale of intoxicating liquor by the drink are held by clubs or hotels this section shall apply only to the room or rooms in which intoxicating liquor is dispensed and provided further that where such licenses are held by restaurants whose business is conducted in one (1) room
*State law reference-Intoxicating liquors, RSMo Ch. 311.
only and substantial quantities of food and merchandise other than intoxicating liquor are dispensed, then the licensee shall keep securely locked during the hours and on the day herein specified all refrigerators, cabinets, cases, boxes and taps from which intoxicating liquor is dispensed; provided further that any restaurant-bar which qualifies as such under RSMo 311.097, and which has made application therefor and obtained a license by paying the required additional fee, shall be able to sell intoxicating liquor between the hours of 1:00 p.m. and 12:00 midnight on Sundays, by the drink at retail for consumption on the pre mises.
(Code 1980, § 4-17)
State law reference-Similar provisions, RSMo 311.290.
Sec. 3-22. Sales by manufacturer, wholesaler, etc.-Generally.
It shall be unlawful for any manufacturer, distiller, brewer or wholesale dealer in intoxicating liquor, either directly or indirectly, to sell or deliver intoxicating liquor of any kind to any person in the city not licensed under the provisions of this article to sell intoxicating liquors at retail.
(Code 1980, § 4-18)
Sec. 3-23. Same-Reports.
It shall be the duty of the holder of a license authorizing the manufacture of intoxicating liquors or the sale of same at whole sale, when requested, to file in the office of the excise commissioner a sworn statement showing the total amount of intoxicating liquors sold and to whom sold by such licensee during the period specified in such request. Every such statement shall be signed and sworn to by the holder of such license, if an individual, or by some authorized officer, if such holder be a corporation. (Code 1980, § 4-19)
Sec. 3-24. Secreting prohibited liquors on premises.
It shall be unlawful for the holder of any license for the sale of any intoxicating liquor to keep or secrete, or to allow any other person to keep or secrete, in or upon the premises described in
such license any intoxicating liquor except of the character and kind expressly authorized to be sold by such particular license. (Code 1980, § 4-20)
Sec. 3,25. Sale to minors.
It shall be unlawful for any licensee under the provisions of this article to sell, give or otherwise provide any intoxicating liquor to any minor.
(Code 1980, § 4-23)
State law reference-Similar provisions, RSMo 311.310.
Sec. 3-26. Display restricted.
It shall be unlawful for any licensee under the provisions in this article to display in any street window or show window any intoxicating liquor or any package, bottle or container bearing the label or brand of any intoxicating liquor.
(Code 1980, § 4-24)
State law reference-Similar provisions, RSMo 311.350.
Secs. 3•27-3-45. Reserved.
DIVISION 2. LICENSE•
Sec. 3-46. Required.
(5) percent and more than three and two-tenths (3.2) per cent by weight at retail by the drink for consumption on the premises where sold, which license shall also permit the holder to sell nonintoxicating beer.
(Code 1980, § 4-31)
State Jaw reference-License required, RSMo 311.050.
Sec. 3-47. Qualifications.
No person shall be granted a license under the provisions of this division unless such person is of good moral character and a qualified legal voter and a taxpaying citizen of the state; and no person shall be granted a license or permit hereunder whose li cense as such dealer has been revoked, or who has been convicted since the ratification of the Twenty-first Amendment to the Constitution of the United States, of the violations of the provisions of any law applicable to the manufacture or sale of intoxicating liquor, or who employs or has employed in his business, as such dealer, any person whose license has been revoked or who has been convicted of violating the provisions of any such law since the date aforesaid.
(Code 1980, § 4-32)
State Jaw reference-Similar provisions, RSMo 311.060.
Sec. 3-48. Application generally.
Application for license to sell intoxicating liquors under the provisions of this division shall be filed with the city clerk and
shall be on forms to be furnished by the clerk and signed and sworn to by the applicant.
(Code 1980, § 4-33)
Sec. 3-49. Special requirements for on-premises license.
(Code 1980, § 4-34; Ord. No. 809, § 1, 9-5-90)
Sec. 3-50. Limitation of number.
(Code 1980, § 4-35; Ord. No. 810, § 1, 9-5-90)
Sec. 3-51. Fees for liquor licenses.
consumption on the premises where sold. . . 52.50
This license shall also permit the sale of nonintoxicating beer by the drink for consumption on the premises where sold.
premises where sold. . . . . . . . . . . . . . . . . . . . . . 500.00
This license shall also permit the sale of intoxicating liquor in the original package.
*Cross reference-Licenses and taxation, Ch. 13.
(Code 1980, § 4-36; Ord. No. 760, § 1, 5-4-88; Ord. No. 853, §§ 1,
2, 12-16-92)
State law references-Amount of state fees, RSMo 311.180-311.200; amount charged by city regulated, RSMo 311.220.
Sec. 3-52. Proration of fees.
Of the license tax to be paid for any license required by the provisions of this division, the applicant for an initial license shall pay as many twelfths as there are months or fraction of a month remaining from the date of the license to the next succeeding July thirty-first.
(Code 1980, § 4-37)
Sec. 3-53. Fees in lieu of other taxes.
The fees to be charged under the provisions of this division shall be taken in lieu of the proportionate part of any merchant’s license fee and ad valorem tax for stock and sales of intoxicating liquors and the aggregate amount of sales thereof made by any licensee hereunder shall not be returned by such merchant for purposes of merchant’s license or ad valorem tax, nor shall such stock or sales be included in the computation of any merchant’s license or ad valorem tax.
(Code 1980, § 4-38)
Sec. 3-54. Disposition of fees.
All fees collected pursuant to the provisions of this division shall be accounted for and paid into the city treasury as other funds collected by the city are accounted for and paid.
(Code 1980, § 4-39)
Sec. 3-55. Issuance.
Upon the filing of any application for a license under the terms of this division, such application shall be presented to the city council at its next regular meeting or special meeting; and upon approval of such application by a majority of the council, and upon payment of the license tax herein provided for, the city clerk shall issue a license to such applicant to conduct business in the city until July thirty-first next following its issuance.
(Code 1980, § 4-40)
Sec. 3-56. Separate license for separate premises.
A separate license shall be required for each place of business operating under the provisions of this division.
(Code 1980, § 4-41)
Sec. 3-57. Contents.
Every license issued under the provisions of this division shall particularly describe the premises at which intoxicating liquor may be sold thereunder and such license shall not be deemed to authorize or permit the sale of intoxicating liquor at any place other than that described therein.
(Code 1980, § 4-42)
Sec. 3-58. Transfer.
No license issued under the provisions of this division shall be transferable or assignable.
(Code 1980, § 4-43)
Sec, 3-59. Display.
All licenses issued pursuant to the provisions of this division shall be kept conspicuously posted in the place for which such license was issued.
(Code 1980, § 4-44)
Sec. 3-60. Duration.
Each license issued under the provisions of this division shall expire on the thirty-first day of July next succeeding the date of such license.
(Code 1980, § 4-45)
Sec. 3-61. Renewals.
Any license issued under the provisions of this division may be renewed upon its expiration upon the payment of the fee required by this division; provided, the excise commissioner is satisfied that the conditions under which the license was originally issued still obtain.
(Code 1980, § 4-46)
Sec. 3-62. Revocation, suspension.
Any license issued under the provisions of this division may be suspended or revoked by the city council for the violation by the licensee, his agents or employees, of any applicable provision of this Code, state law or city ordinance, rule or regulation; pro vided, however, that such licensee shall first be given notice and hearing, at which hearing the licensee may have counsel and produce witnesses in his behalf.
(Code 1980, § 4-47)
Secs. 3-63-3-80. Reserved.
DIVISION 1. GENERALLY
Sec. 3-81. Possession generally.
No person shall possess nonintoxicating beer within the city, unless the same has been acquired from some person duly authorized to sell the same, and the package in which such nonintoxicating beer is contained and from which it is taken for consumption while containing such nonintoxicating beer, been labeled and sealed as provided by this article and the regulations made hereunder.
*State law reference-Nonintoxicating beer, RSMo Ch. 312.
(Code 1980, § 4-59)
State law reference-Similar provisions, RSMo 312.160.
Sec. 3-82. Labeling required-Generally.
It shall be unlawful for any person to sell or offer for sale in the city any nonintoxicating beer except the same shall be sold or offered for sale in the original bottle or in the original package containing bottles bearing the original label and full name of the brewer or manufacturer thereof both upon the label, upon the bottle, and upon the cap or cork of such bottle, or in the case of the sale of nonintoxicating beer or draft except the same be drawn from the original keg or barrel having stamped on the end thereof the full name of the manufacturer or brewer or the nonintoxicating beer contained therein.
(Code 1980, § 4-60)
State law reference-Similar provisions, RSMo 312.300.
Sec. 3-83. Same-Manufacturers, brewers.
It shall be the duty of every manufacturer or brewer manufacturing or brewing nonintoxicating beer in the city, and of every manufacturer or brewer, distributor, or wholesaler outside of the city, shipping nonintoxicating beer into the city for sale therein at wholesale or retail, to cause every bottle, barrel, keg or other container of such nonintoxicating beer to have on the label thereon, in plain letters and figures, “alcoholic content not in excess of three and two-tenths (3.2) percent by weight” or “alcoholic con tent not to have an alcoholic content in excess of three and two tenths (3.2) percent by weight,” and the sale in the city shall be subject to all of the regulations and penalties for the sale of beer having alcoholic content in excess of three and two-tenths (3.2) percent by weight.
(Code 1980, § 4-61)
Sec. 3-84. Report from transportation companies.
Every railroad company, express company, airplane company, motor corporation or other transportation company and every
person who shall transport any nonintoxicating beer into the city and deliver the same to any person therein, shall when requested, furnish to the city clerk a duplicate bill of lading or receipt for such nonintoxicating beer, showing the name of the consignor and consignee, dated, place received, and quantity of nonintoxicating beer. Any such corporation or other person failing to comply with the requirements of this section shall be punished as pro vided in section 1-9 of this Code.
(Code 1980, § 4-62)
Sec. 3-85. Dilution with intoxicants.
It shall be the duty of every holder of a license issued under this article to manufacture and sell or to sell, nonintoxicating beer, to use every precaution to prevent any person on the premises de, scribed in such license, from pouring into, mixing with, or adding to such nonintoxicating beer, and alcohol or other liquid, or any alcohol cubes or other ingredient or ingredients that will in crease, to tend to increase, the alcoholic content of such nonintoxicating beer.
(Code 1980, § 4-63)
State law reference-Similar provisions, RSMo 312.460.
Sec. 3-86. Prohibited interests.
Brewers or manufacturers of nonintoxicating beer, or the employees, officers, agents, subsidiaries or affiliates thereof shall not under any circumstances, directly or indirectly, have any financial interest in the retail business for the sale of such nonintoxicating beer, nor shall they, directly or indirectly alone, give away or furnish equipment, money, credit or property of any kind, except ordinary commercial credit, for such nonintoxicating beer sold to such retailers. All contracts entered into between such brewers or manufacturers or officers, or employees, directors or agents, in any way concerning any of their products, obligating any such retail dealer to buy or sell the major part of such products required by such brewer or manufacturer, shall be void, and proof of the execution of such contract shall be grounds for revoking the license of both the vender and the vendee.
(Code 1980, § 4-64)
State law reference-Similar provisions, RSMo 312.060.
Sec. 3-87. Hours of sale.
No person having a license under the provisions of this article shall sell, give away or otherwise dispose of or suffer the same to be done upon or about his premises any nonintoxicating beer in any quantity between the hours of 1:30 a.m. and 6:00 a.m. week days and between the hours of 1:30 a.m. and 9:00 a.m. Sundays. (Code 1980, § 4-65)
State law reference-Similar provisions, RSMo 312.410.
Sec. 3-88. Sale on election days.
No person having a license under the provisions of this article shall sell, give away or otherwise dispose of or suffer the same to be done upon or about his premises, any nonintoxicating beer in any quantity upon the day of any general, special or primary election in this state or upon any county, township, city, town or municipal election day; provided, the sale of such nonintoxicating beer may be resumed on any such election day after the expiration of thirty (30) minutes next following the hour, or time, fixed by law for the closing of the polls at such election.
(Code 1980, § 4-66)
Sec. 3-89. Gambling prohibited.
No place wherein nonintoxicating beer is sold at retail by the drink shall have any gambling or gambling device whatsoever, and no place where nonintoxicating beer is sold therein shall have therein any tables concealed or enclosed in private rooms or by partitions or rooms.
(Code 1980, § 4-67)
Sec. 3-90. Employment of minors.
Any person holding a license to sell nonintoxicating beer by the drink at retail, who shall suffer or permit any child under the age of eighteen (18) years to be employed or work in, or in connection with any entertainment or cabinet conducted in any place where nonintoxicating beer is sold by the drink at retail shall be punished as provided in section 1-9 of this Code.
(Code 1980, § 4-68)
State law reference-Similar provisions, RSMo 311.300.
Sec. 3-91. Monthly report.
It shall be the duty of each holder of a license authorizing the manufacture and sale or sales at wholesale of nonintoxicating beer on or before the fifth day of each calendar month, to file in the office of the city clerk a sworn statement showing the amount of nonintoxicating beer manufactured and sold, or sold, and to whom sold, during the next preceding calendar month.
(Code 1980, § 4-69)
Secs. 3-92-3-110. Reserved.
DIVISION 2. LICENSE*
Sec. 3-111. Required.
It shall be unlawful for any person in the city to manufacture or brew or sell nonintoxicating beer, either at wholesale or at retail in the original package or by the drink to be consumed on the premises where sold without having first obtained a license authorizing such brewing, manufacturing and sale, or sale.
(Code 1980, § 4-76)
Sec. 3-112. Intoxicating liquor licensees.
Any person holding a license to sell intoxicating liquors at re tail, either in the original package or by the drink to be consumed on the premises where sold, may sell on the premises described in such license nonintoxicating beer without obtaining the license required by this division.
(Code 1980, § 4-77)
Sec. 3-113. Application generally.
All applications for licenses required by the provisions of this division shall be addressed and delivered to the city, together with such supporting proofs as may be herein required or called for by any rule, regulation, order or directive of the city council. (Code 1980, § 4-78)
Sec. 3-114. Qualifications.
No person shall be granted a license under the provisions of this division unless such person is of good moral character and a qualified legal voter and a taxpaying citizen of the state, nor shall any corporation be granted a license hereunder unless the man aging officer of such corporation is of good moral character and a qualified legal voter and taxpaying citizen of the state. No person shall be granted a license hereunder whose license as such dealer has been revoked, or who has been convicted, since the ratification of the Twenty-first Amendment to the Constitution of the United States, of a violation of the provisions of any law appli cable to the manufacture or sale of intoxicating liquor or nonintoxicating beer, or who employs in his business as such dealer any person whose license has been revoked or who has been convicted of violating such law since the date aforesaid. Provided, nothing contained in this section shall prevent the issuance of licenses to nonresidents of this state or foreign corporations for the privilege of selling to duly licensed wholesalers and soliciting orders for the sale of nonintoxicating beer, to, by or through a duly licensed wholesaler, within the city.
(Code 1980, § 4-79)
State law reference-Similar provisions, RSMo 312.040.
Sec. 3-114. Qualifications.
No person shall be granted a license under the provisions of this division unless such person is of good moral character and a qualified legal voter and a taxpaying citizen of the state, nor shall any corporation be granted a license hereunder unless the man aging officer of such corporation is of good moral character and a qualified legal voter and taxpaying citizen of the state. No person shall be granted a license hereunder whose license as such dealer has been revoked, or who has been convicted, since the ratification of the Twenty-first Amendment to the Constitution of the United States, of a violation of the provisions of any law appli cable to the manufacture or sale of intoxicating liquor or nonintoxicating beer, or who employs in his business as such dealer any person whose license has been revoked or who has been convicted of violating such law since the date aforesaid. Provided, nothing contained in this section shall prevent the issuance of licenses to nonresidents of this state or foreign corporations for the privilege of selling to duly licensed wholesalers and soliciting orders for the sale of nonintoxicating beer, to, by or through a duly licensed wholesaler, within the city.
(Code 1980, § 4-79)
State law reference-Similar provisions, RSMo 312.040.
Sec. 3-115. Fees for beer licenses.
Before any license shall be issued for the manufacture or sale of nonintoxicating beer in the city, the applicant therefor shall pay to the city a fee as follows:
manufactured in this state ……………..$375.00
(Code 1980, § 4-80)
Sec. 3-116. When fees due and payable.
The annual fees payable under the provisions of this division shall be due and payable in advance on the first day of August of each year; provided, that the fees for licenses issued after the first day of August in any year shall be, for the part of the year then remaining, one-twelfth of the annual fee for each month or part thereof from the date of issuance to the first day of July there after.
(Code 1980, § 4-81)
Sec. 3-117. In lieu of other fees.
The fees to be charged under the provisions of this division shall be taken in lieu of the proportionate part of any merchant’s license fee for stock and sales of nonintoxicating beer, and the value of stocks of nonintoxicating beer, and the aggregate amount of sales thereof made by any licensee hereunder shall not be re turned by such merchant for the purpose of merchant’s license, nor shall such stock or sales be included in the computation of any merchant’s license tax.
(Code 1980, § 4-82)
Sec. 3-118. Disposition of fees upon revocation.
In the event that any license issued under the provisions of this division shall be revoked for any cause as hereinafter provided, no portion of the license fee paid therefor shall be refunded. (Code 1980, § 4-83)
Sec. 3-119. Issuance.
All licenses issued pursuant to the provisions of this division shall be issued by the city clerk, but no license shall be issued by such city clerk except with the approval of the council given at a regular or special meeting of the council, and no license for which
license fees are fixed in this division shall be issued except upon the payment of the required license fee.
(Code 1980, § 4-84)
Sec. 3-120. Construction of licenses.
(cl No license, either to brew or manufacture or to sell at whole sale, shall be construed to authorize the sale by the holder of any such license of nonintoxicating beer direct to consumers.
(Code 1980, § 4-85)
Sec. 3-121. Separate license for separate premises.
A separate license shall be issued for each place of business and no person, nor the agent or employee of any person in any capacity, shall sell nonintoxicating beer in any other place than that designated in the license.
(Code 1980, § 4-86)
State law reference-Similar provisions, RSMo 312.110.
Sec. 3-122. Secreting intoxicating liquor at premises.
No person holding a license issued pursuant to the provisions of this division to sell nonintoxicating beer at retail either in the original package or for consumption on the premises shall have or keep, or secrete, on or about the premises described and covered by such license, any intoxicating liquor of any kind and character nor shall any manufacturer or wholesaler distribute or sell any intoxicating liquor of any character, containing alcohol in excess of three and two-tenths (3.2) percent by weight to any person holding a license issued pursuant to the provisions of this division to sell nonintoxicatingbeer only, either in the original package or to be consumed on the premises where sold.
(Code 1980, § 4-87)
State law reference-Similar provisions, RSMo § 312.430.
Sec. 3-123. Renewals.
Any license issued under the provisions of this division may be renewed upon its expiration upon the payment of the fees therefor, provided the city clerk is satisfied that the conditions under which the license was originally issued still obtain.
(Code 1980, § 4-88)
Sec. 3-124. Transfer.
No license issued under this division shall be transferable or assignable.
(Code 1980, § 4-89)
State law reference-Similar provisions, RSMo 312.130.
Sec. 3-125. Display.
All licenses issued pursuant to the provisions of this division shall authorize the sale of nonintoxicating beer only at the place described in such license, and all such licenses shall be kept con spicuously posted in the place for which the license was issued. (Code 1980, § 4-90)
Sec. 3-126. Revocation, suspension.
Any license issued under the provisions of this division may be suspended or revoked by the city council for the violation by the
licensee, his agents or employees, of any applicable provision of this Code, state law or city ordinance, rule or regulation; pro vided, however, that such licensee shall first be given notice and hearing, at which hearing the licensee may have counsel and produce witnesses in his behalf.
(Code 1980, § 4-91)
Sec. 4-1. Definitions.
Terms used in this chapter have the following meanings:
Animal control officer: The city employee charged with the primary responsibility for enforcement of the provisions in this chapter, under the supervision of the city administrator or his designee.
At-large: Off the premises of the owner’s real property and not under restraint of a competent person.
Bite: An actual puncture, tear or abrasion of the skin inflicted by the teeth of an animal.
Certificate: The certificate issued, under the St. Louis County Rabies Control Code, at the time of vaccination, and bearing the signature of the vaccinator, the registration number, the name, color, breed, sex of the animal, the name and address of the owner, the date of vaccination and type of vaccine administered.
Competent person: A person capable of controlling and governing the animal in question, and to whose commands such animal is obedient.
Dogs: All domesticated members of the species canis familiaris, male or female, six (6) months of age or older.
Euthanize: To put to death in a humane manner.
*Editor’s note—Ord. No. 988, adopted May 2, 2001, amended ch. 4, in its entirety to read as herein set out. Former ch. 4, which consisted of §§ 4-1—4-122, pertained to similar subject matter and derived from the 1980 Code; Ord. No. 765, adopted May 4, 1988; and Ord. No. 771, adopted May 4, 1988.
Cross references—Nuisances, Ch. 15; feeding garbage, etc., to animals prohibited, § 19-44.
State law references—Agriculture and animals, RSMo Chs. 261—280; municipal authority re animals, RSMo 77.510; authority to impound animals, lien therefor, RSMo 430.130; animals restrained from running at large, RSMo Ch. 270.
Exposed to rabies: Any dog or other animal, whether it has been registered or vaccinated for rabies or not, which has been bitten by, has been fighting with or has consorted with an animal known or suspected to have rabies or showing objective symptoms of rabies.
Health department or health commissioner: The department of public health of St. Louis County, Missouri, or the commissioner of public health of St. Louis County, or any person, persons or agent employed by the city or county health commissioner to enforce the St. Louis County Rabies Control Code.
Household: Those members of a family, including other competent persons living in the same dwelling unit.
Impound: The apprehending, catching, trapping, netting tranquilizing, confining or, if necessary, the destruction of any animal by the animal control officer or his agent, or by any employee or agent of the city.
Impounding facilities: Any premises designated by the city council for the purpose of impounding and caring for animals, which are in violation of this chapter.
Kennel: Any place or tract of land, whether indoors or outdoors, whether enclosed or not, whether used for pleasure or profit, in which, at which or upon which four (4) or more dogs are kept, housed, bred, raised, fed, displayed, exhibited or sold. The owner of four (4) or more dogs shall be deemed to be the operator of a kennel.
Owner: Any person who owns, harbors, shelters, keeps, controls, manages, possesses or has part interest in any dog, animal, or kennel in the City of Wellston. The occupant of any premises on which a dog or other animal remains for a period of seven (7) days, or to which it customarily returns for a period of ten (10) days is presumed to be harboring, sheltering or keeping the aforementioned dog or other animal within this definition. Under no circumstances are the normal and ordinary accepted definitions of the terms “harboring”, “sheltering” or “keeping” to be limited to the words of the aforementioned presumption. If a minor owns a dog, puppy, or other animal subject to the provisions of this chapter, the head of the household of which such minor owner is
a member shall be deemed to be the owner of such dog, puppy, or animal for the purpose of this chapter, and under this chapter shall be responsible as the owner, whether or not such household head is himself a minor. If not a member of a household, such minor shall himself be directly subject to the provisions of this chapter.
Puppy: All domesticated members of the species canis familiaris, male or female, under six (6) months of age.
Restraint: An animal, off the premises of its owner’s real property, is under restraint within the meaning of this chapter:
Show dogs: Dogs used in exhibition, American Kennel Club sanctioned shows, fun matches, obedience and confirmation.
Sportsman: Dog owners involved in field trials or hunting, racing, coursing, or tracking.
Tag: Any object, regardless of shape or material which bears a rabies registration number and year of expiration or personal identification and owner’s name.
Vaccinate: The injection, by a veterinarian of a specified dose of anti-rabies vaccine into the body of an animal, such vaccine having the United States government license number approval stamped on the label of the vaccine container and having been approved by the health commissioner. Vaccine used for vaccination of the animals shall be stored and kept under conditions proper for the vaccine and shall show no signs of spoilage or otherwise be unfit for producing immunity against rabies.
Vaccination, registration: The procedure of vaccination for rabies and issuing an identification number and an appropriate certificate under the St. Louis County Rabies Control Code.
Veterinarian: Any veterinarian holding a current Missouri license and operating on a participating basis with the health department, as required by the St. Louis County Rabies Control Code.
(Ord. No. 988, § 1, 5-2-01)
Cross reference—Definitions and rules of construction generally, § 1-2.
Sec. 4-2. Animal control officer; duties and rights.
(Ord. No. 988, § 2, 5-2-01)
Sec. 4-3. Kennel licenses.
No person shall maintain a kennel within the city without a license therefore. Application for said license shall be made to the office of the city clerk or such other person designated by the city council. A license shall be issued for a period of one (1) year upon payment of an annual fee of one hundred fifty dollars ($150.00) in addition to any other business or merchant’s fees. The total number of animals to be kept in any such kennel shall not exceed fifteen (15). Kennels shall be located only in commercially zoned districts and shall be adequately screened and buffered to protect against undue noise and odors which would constitute a nuisance.
(Ord. No. 988, § 3, 5-2-01)
Sec. 4-4. Impounding animals.
(Ord. No. 988, § 4, 5-2-01)
Sec. 4-5. Animals at-large.
(Ord. No. 988, § 5, 5-2-01)
Sec. 4-6. Rabies control.
(30) days after the animal reaches the age of six (6) months, or in the case of an animal over six (6) months old, within ten (10) days of the acquisition of the animal.
(6) months, if the animal does not have a current vaccination;
(90) days.
(Ord. No. 988, § 6, 5-2-01)
Sec. 4-7. Quarantine.
(Ord. No. 988, § 7, 5-2-01)
Sec. 4-8. Humane treatment of animals.
or custody of any animal either as owner or otherwise who inflicts unnecessary punishment upon the same; or willfully fails to provide each animal with proper food, drink, shelter or protection from the weather, veterinary care when needed to prevent suffering, or carries or confines any animal in or upon any vehicle in a cruel or inhumane manner, including but not limited to carrying or confining such animal without adequate ventilation or for an unusual length of time within the city limits, shall for every such occurrence be deemed guilty of an offense.
(Ord. No. 988, § 8, 5-2-01)
Sec. 4-9. Dangerous animals.
observed or reported to have teased, tormented, abused or assaulted the animal or was committing or attempting to commit a crime.
adequate for the foregoing purposes; provided that such enclosure shall be by a six-foot fenced yard or that a pen or kennel structure shall have a minimum height of six (6) feet, secure sides and top and shall be built on a concrete slab.
(Ord. No. 988, § 9, 5-2-01)
Sec. 4-10. Public nuisances.
Sec. 4-11. Domestic animals and fowl; limit on number of dogs and cats.
(Ord. No. 988, § 11, 5-2-01)
Sec. 4-12. Wild or undomesticated animals.
No person, except a zoological garden operated with the consent of the city, may keep or maintain any wild or undomesticated animal or reptile of any kind. The term “any wild or undomesticated animal or reptile” includes any animals or rep
tiles generally regarded as wild, such as lions, tigers, wolves, bears, jaguars, wildcats, poisonous snakes or others of the same general class and description.
(Ord. No. 988, § 12, 5-2-01)
Sec. 4-13. Enforcement; penalty.
Schedule of penalties for violation if paid within five (5) days after receipt of notice:
First Offense | Second Offense Within 24 Months | |
For any offense involving dog and cats vaccinated as re- quired by this chapter |
$25.00 | $ 75.00 |
For any other offense | $50.00 | $100.00 |
specified within this chapter, the person so convicted shall be fined not less than ten dollars ($10.00) nor more than five hundred dollars ($500.00).
(Ord. No. 988, § 13, 5-2-01)
BUILDINGS AND BUILDING REGULATIONS*
Art. I. Art. II. Art. III. Art. IV.
In General,§§ 5-1-5-25 Occupancy Permit, §§ 5-26-5-50
Buildings Used for Public Gatherings, §§ 5-51-5-75 Rat Control in Business Buildings, §§ 5-76-5-85
ARTICLE I. IN GENERAL
Sec. 5-1. Fire limits.
The fire limits of the city shall be coexistent and shall include the entire area of the city.
(Code 1980, § 8-1)
Sec. 5-2. Codes adopted.
All of the building codes of St. Louis County, as amended and adopted by County Ordinance No. 16.912 as the building code of the city, except section 104.1 regarding the code official, section
109.8 regarding the committee of building code review, section
104.8.1 regarding compensation, and section 109.8 regarding fees of the county code, are hereby adopted as if set out herein. (Code 1980, § 8-2; Ord. No. 885, §§ 1, 2, 10-5-94)
Cross reference-Housing code adopted, § 11-26.
Sec. 5-3. Code enforcement agreement-Authorized.
The mayor and city clerk, on behalf of the city council and the city, are hereby authorized, empowered and instructed to enter into an agreement with St. Louis County for the enforcement of the amusements, electrical, plumbing, weights and measures,
*Cross references-Civil defense, Ch. 6; flood damage prevention, Ch. 9; housing, Ch. 11; business license for building wrecking companies, § 13-466 et seq.; emergency alarm systems, § 13-596 et seq.; mobile homes and similar structures, Ch. 14; graffiti,§ 15-91 et seq.; environmental officer/health inspector,
zoning, App. A.
State law reference-Regulation and control of construction and buildings,
RSMo 77.500.
building, elevators and mechanical codes of the city by the county on the following terms: The county shall provide to the city code enforcement services in the electrical amusements, plumbing, weights and measures, building, elevators and mechanical areas. (Code 1980, § 8-3)
Sec. 5-4. Same-Duration.
The agreement for the enforcement of the codes mentioned in section 5-3 shall commence on the second day of November 1977 and continue from year to year; however, either party may terminate upon giving ninety (90) days prior written notice. (Code 1980, § 8-4)
Sec. 5-5. Collection of fees.
The city shall collect all fees imposed by the codes in section 5-3.
(Code 1980, § 8-5; Ord. No. 885, §§ 3, 4, 10-5-94)
Sec. 5-6. Approval of conflicts.
When the city adopts provisions more restrictive than those contained in the applicable county code, the city shall approve all plans prior to submission to the county’s department of public works.
(Code 1980, § 8-6)
Sec. 5-7. Zoning, etc., compliance.
The city shall approve all plans for compliance with zoning or other regulatory ordinances prior to submission to the county’s department of public works.
(Code 1980, § 8-7)
Sec. 5-8. Drainage facilities and surface areas of commercial off-street parking and loading areas.
All commercial off-street parking areas, all commercial off street loading areas and all maneuvering areas and passageways
established in connection with such commercial parking and commercial loading areas shall be provided with adequate drain- age facilities and a surface of asphalt or concrete.
(Ord. No. 743, § 1, 7-1-87)
Cross reference—Stopping, standing and parking of motor vehicles generally, § 21-391 et seq.
Sec. 5-9. Moving between hours of sunset and sunup restricted, permit.
It shall be unlawful for any person to move or assist in moving to or from any dwelling unit between the hours of sunset and sunup unless a permit to do so is secured from the city clerk. (Ord. No. 598, § 1, 8-19-81)
Sec. 5-10. Seismic design for new construction or major structural renovation.
All new construction or major structural renovation within the city shall comply with the standards for seismic design and construction in accord with the provisions of by the Uniform Building Code incorporated into and made a part of the ordinances of the city, to the extent required by the provisions of RSMo 319.200 et seq.
(Ord. No. 815, § 1, 1-16-91)
Editor’s note—Ord. No. 815, enacted January 16, 1991, did not specifically amend the Code; inclusion of § 1 as § 5-10 was at the discretion of the editor.
Sec. 5-11. Permit fee.
The permit fee shall be based on the estimated value of the proposed construction. Such permit fee shall be charged for permits issued for one (1) year as set out herein or set out in the building code of the county schedule of fees.
(Ord. No. 885, § 5, 10-5-94)
Sec. 5-12. Application.
An application for a building permit shall be made in writing to the city clerk and to the building commissioner or to a person so designated by the mayor. Such application shall comply with the requirements of the county building code as adopted by the city and shall state the estimated value of the proposed construction
The fee for the permit shall be four dollars ($4.00) for each one thousand dollars ($1,000.00) of estimated value of the construction with a minimum of sixty dollars ($60.00).
(Ord. No. 885, § 6, 10-5-94; Ord. No. 966, § 3, 7-7-99)
Sec. 5-13. Adoption of the Uniform Plumbing Code of St.
Louis County.
The Uniform Plumbing Code of St. Louis County, as enacted by County Ordinance 18964 and amended by County Ordinance 20312, is hereby adopted by the city as if fully set out herein. (Ord. No. 1007, § 3, 7-17-02)
Secs. 5-14—5-25. Reserved.
ARTICLE II. OCCUPANCY PERMIT*
Sec. 5-26. Required.
Any person before using, occupying or residing in any property or premises within the city, or who shall change the use or occupancy thereof, shall first procure an occupancy permit there- for from the city clerk.
(Code 1980, § 8-19)
Sec. 5-27. Penalty.
Any person who shall use, occupy or attempt to use or occupy any premises within the city without first obtaining the occupancy permit provided for herein or who shall rent, lease or permit or allow any person to use or occupy any premises whatsoever within the city without requiring such person to obtain such occupancy permit before entering upon the same shall, upon conviction thereof, be deemed guilty of a misdemeanor and shall be punished as provided in section 1-9 of this Code.
In the event that any owner is delinquent by more than thirty
(30) days in the payment of any fees or charges assessed against his or her premises by the city, including, without limitation, any fees or charges assessed pursuant to the provisions of Chapter 19,
*Cross reference—Licenses and taxation generally, Ch. 13.
the occupancy permit for the delinquent premises shall be subject to revocation by the city. Notice of impending revocation shall be given to the owner of such premises by first class mail. Any tenant shall be notified by leaving a copy of such notice at such premises or by mailing a copy of such notice by first class mail to any tenant. The notice shall include the date of revocation and the time period for an appeal. The notice shall also advise any tenant that the tenant may, to the extent permitted by any contractual arrangement with the owner, pay the collection fees and deduct the amount of fees due from the rent otherwise due to the owner.
The recipient of a revocation notice under this section shall have the right to appeal to the city council such notice within thirty (30) days from the postmarked date of such notice. To the extent that the recipient desires to appeal the revocation, such recipient shall file a notice of appeal with the city clerk. The city council shall have the authority to hear and decide any such appeal. The city council has the authority to sustain or modify the determination of revocation upon the showing of good cause by the applicant. All such appeals shall be heard and decided within thirty (30) days.
Revocation of the occupancy permit shall become effective upon an adverse determination by the city council or upon the expiration of the time for appeal. The mayor shall notify the city clerk and the city council when an occupancy permit has been revoked.
It will be unlawful for any owner to continue to lease or accept rental payments for premises for which an occupancy permit has been revoked. Whoever continues to lease or accept rental payments for premises for which an occupancy permit has been revoked shall be guilty of a misdemeanor offense and shall be fined an amount not to exceed five hundred dollars ($500.00) for each offense. The acceptance of each rental payment shall constitute a separate offense.
(Code 1980, § 8-20; Ord. No. 963, § 3, 7-7-99)
Sec. 5-28. Report of proposed use.
If the city clerk determines that the proposed use of the premises will not be legal and lawful or that the applicant is not a fit person to carry on the business for which the premises will be
occupied, he shall then make a written report thereof to the city council and notify the applicant of such fact, furnishing to the applicant, by mail, at the address furnished to him by the applicant, a copy of the report to the city council.
(Code 1980, § 8-21)
Sec. 5-29. Hearing.
The city council shall set a hearing date at a subsequent regular meeting of the council, at its convenience, or at a special meeting called for the purpose and notify the applicant of the time and place of hearing by regular mail at the address furnished to the city clerk by the applicant, placing such notice in the United States mail at least five (5) days prior to the date set for such hearing. After hearing the evidence, the city council, by vote of a majority of the members elected to the council, will either rule in favor of or against the issuance of the occupancy permit and order the clerk to issue or refuse such permit, as they may determine. At such hearing, the applicant may produce witnesses or exparte affidavits to contravene findings of the city clerk to support his claim.
(Code 1980, § 8-22)
Sec. 5-30. Issuance.
The city clerk shall issue an occupancy permit to an applicant therefor, upon written application, on forms provided by him, after being satisfied from his investigation as to the qualifications of the applicant.
(Code 1980, § 8-23)
Sec. 5-31. Fee.
The clerk shall charge a fifteen dollar ($15.00) fee for a new occupancy permit, and a five dollar ($5.00) fee for an updated occupancy permit.
(Code 1980, § 8-24; Ord. No. 767, § 2, 5-4-88; Ord. No. 855, §§ 1,
2, 12-16-92)
Secs. 5-32-5-50. Reserved.
ARTICLE III. BUILDINGS USED FOR PUBLIC GATHERINGS
Sec. 5-51. Compliance with article required.
It shall be unlawful to hold, manage or conduct any meeting or entertainment of any kind in the city, in any premises other than
a building constructed in full compliance with the ordinances of the city and the local fire district providing fire protection to the city and laws pertaining thereto for auditorium, theater or lodge room purposes, except in compliance with the provisions of this article.
(Code 1980, § 8-56)
Sec. 5-52. Examination required.
No gathering or entertainment shall be held or presented in any premises other than a building as described in section 5-51, unless such premises have been examined by the fire marshal and building commissioner not more than three (3) days before the date of such gathering and found to be free from any fire hazard and found to be suitable for the purpose. No structure enclosed by a roof shall be used for such purpose unless the same is constructed of nonflammable materials.
(Code 1980, § 8-57)
Sec. 5-53. Exits.
Adequate unobstructed exits shall be provided in all premises used for such purposes to permit rapid egress of all persons attending, and there shall be at least two (2) separate exits located at least thirty (30) feet from each other. There shall be two
people accommodated. (Code 1980, § 8-58)
Sec. 5-54. Seats; number of persons allowed.
(Code 1980, § 8-59)
Sec. 5-55. Doors.
All doors or gates on exits from premises used for purposes regulated by this article shall open outward, and no such exit shall be constructed or locked that egress from inside the premises is blocked.
(Code 1980, § 8-60)
Sec. 5-56. Notification prior to use.
It shall be the duty of any person conducting, calling for or managing any gathering in any premises other than a theater, lodge room or auditorium building constructed as provided in section 5-51 to notify the clerk of the date of such intended performance at least ten (10) days before the meeting is to take place; upon such notice the fire marshal and the building com missioner shall inspect the premises to determine whether or not they comply with the provisions hereof. Any permit issued for any such gathering shall be subject to the condition that this article be fully complied with, whether or not such condition is embodied in the permit.
(Code 1980, § 8-61)
Sec. 5-57. Sanitary facilities.
No performance or exhibition regulated by this article shall be presented in any premises not equipped with adequate separate sanitary facilities for males and females.
(Code 1980, § 8-62)
Any performance or exhibition regulated by this article not held in a building shall be terminated not later than midnight, and it shall be unlawful for any person to remain on the premises between the hours of 1:00 a.m. and 6:00 a.m.; provided that employees whose duties necessitate it, may remain on the premises for the performance of such duties.
(Code 1980, § 8-63)
Sec. 5-59. Punishment.
Any person who shall violate any section of this article shall, upon conviction thereof, be subject to punishment as provided in section 1-9 of this Code.
(Code 1980, § 8-64)
Secs. 5-60-5-75. Reserved.
Sec. 5-76. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Agent means any individual, firm, partnership or corporation which acts for the owner in the collection of rents, the making of repairs, the commencement or termination of tenancies, or as janitor or other person in charge of any building, premises or vacant lot.
Building means any structure, whether public or private, that is adapted or intended for occupancy for dwelling purposes, for
the transaction of business, for the rendering of professional service, for amusement, for the display, sale or storage of goods, wares or merchandise, or for the performance of work or labor, including hotels, rooming houses, office buildings, public buildings, stores, theatres, markets, restaurants, grain elevators, ware houses, workshops, factories and all other houses, sheds, barns and other structures.
Occupant means the person that has the use of, control of or occupies any building, or any portion thereof, whether owner or tenant. In the case of vacant building, or any vacant portion of a building, or in the case of a building having three (3) or more families with common rights to a cellar or basement, the owner or agent shall have the responsibilities of an occupant of a building.
Owner means any person, who alone, jointly or severally with others shall be in actual possession, have charge, care or control of, any building or premises; or vacant lot within the city as owner, whether individual, firm, partnership or corporation or as trustee or guardian of the estate or person of the title holder, and shall include the owner of record.
Rat harborage means any condition which may provide shelter or protection for rats, thus favoring their multiplication or existence.
Rat stoppage means a form of rat proofing to prevent the ingress of rats into buildings from the exterior or from one building to another. It consists essentially of the closing of all openings in the exterior walls, ground or first floors, basements, roofs and foundations, that may be reached by rats from the ground by reaching, climbing, jumping or burrowing, with material or equipment impervious to rat-gnawing and in accordance with specifications promulgated by the health commissioner.
(Ord. No. 584, § 1, 5-6-81)
Cross reference-Definitions and rules of construction generally, § 1-2.
Sec. 5-77. Rat stoppage required.
All buildings and structures shall be rat stopped, freed of rats and maintained in a rat stopped and rat free condition.
(Ord. No. 584, § 2, 5-6-81)
Sec. 5-78. Rat control section.
There shall be a rat control section in the division of health of the department of public health and welfare headed by a competent person designated as a city health officer.
(Ord. No. 584, § 3, 5-6-81)
Sec. 5-79. Notice to and compliance by owner.
Upon receipt of written notice and/or order from the city health officer, the owner of any business building specified therein shall take immediate measures for rat proofing the building; and unless such work and improvements have been completed by the owner in the time specified, then the owner shall be deemed guilty of an offense under the provisions of this article.
(Ord. No. 584, § 4, 5-6-81)
Sec. 5-80. Notice to and compliance by occupants.
Whenever the occupant of a building is notified by the health officer or his duly authorized representative that the premises he occupies are infested with rats, such occupant shall immediately institute appropriate measures for freeing his premises of all rats. Unless such measures are instituted within five (5) days after notification and maintained in a satisfactory manner or until the premises are free of all rats, the city health officer is authorized and directed to free the premises specified of rats and to levy a monthly charge against the occupant to cover costs for labor and materials.
(Ord. No. 584, § 5, 5-6-81)
Sec. 5-81. Storage of animal food and feed.
All food and feed kept within the city for feeding any animal shall be kept and stored in rat free and ratproof containers or rooms.
(Ord. No. 584, § 6, 5-6-81)
Sec. 5-82. Garbage, etc., to be placed in covered containers.
All garbage or refuse consisting of waste animal or vegetable matter upon which rats may feed, shall be placed and stored in covered containers until collected by the garbage department. (Ord. No. 584, § 7, 5-6-81)
Sec. 5-83. Health officer may make inspections.
The health officer is empowered to make inspections of the interior and exterior of buildings subject to this article as in his opinion may be necessary to determine if this article is being complied with.
(Ord. No. 584, § 8, 5-6-81)
Sec. 5-84. Restoration of rat proofing.
It shall be unlawful under the provisions of this article for the occupant, owner, contractor, public utility company, plumber or any other person to remove and fail to restore the same in a satisfactory condition or to make any new openings that are not closed or sealed against the passage of rats.
(Ord. No. 584, § 9, 5-6-81)
Sec. 5-85. Unlawful to create or allow rat harborage.
It shall be unlawful for any person, firm, corporation or tenant, if the premises are unoccupied, to create or allow any conditions to exist on premises, owned or occupied, which attract, or are likely to attract, feed or harbor rats.
(Ord. No. 584, § 10, 5-6-81)
Art. I. In General,§§ 6-1-6-25
Art. II. Civil Emergencies, §§ 6-26-6-32
ARTICLE I. IN GENERAL
Sec. 6-1. Establishment of organization and plan.
(Code 1980, § 9-1; Ord. No. 660, § 1, 6-5-85)
Sec. 6-2. Composition.
The city civil defense organization shall consist of a coordinator and other additional members to be selected by the coordinator in order to conform to the state organization and procedures for the conduct of emergency operations as outlined in the Missouri Di saster Operations Plan.
(Code 1980, § 9-2)
*Cross references-Department of public works, § 2-81 et seq.; court, Ch. 7; flood damage prevention, Ch. 9; housing, Ch. 11; emergency alarm systems, § 13-596 et seq.; mobile homes and similar structures, Ch. 14; offenses and miscel laneous provisions, Ch. 16; police, Ch. 18; streets and sidewalks, Ch. 20; zoning, App. A.
State law reference-Civil defense, RSMo Ch. 44.
Sec. 6-3. Functions.
The city civil defense organization· shall perform civil defense functions within the territorial limits of the city and may conduct these functions outside of the territorial limits as may be required pursuant to the provisions of the Missouri Civil Defense Act, RSMo chapter 44.
(Code 1980, § 9-3)
Sec. 6-4. Office space.
The mayor and the city council, are authorized to designate space in any municipally owned or leased building for the city civil defense organization as its office.
(Code 1980, § 9-4)
Sec. 6-5. Coordinator.
(fJ The coordinator shall appoint, provide or remove rescue teams, auxiliary fire and police personnel and other emergency operations teams, units or personnel who may serve without com pensation, with consent of the city council.
(Code 1980, § 9-5)
Sec. 6-6. Oath.
No person shall be employed or associated in any capacity in any organization established under this chapter who advocates or has advocated a change by force or violence in the constitutional form of the government of the United States or in this state or the overthrow of any government in the United States by force or violence, or has been convicted of or is under indictment or infor mation charging any subversive act against the United States. Each person who is appointed to serve in an organization for civil defense shall, before entering upon his duties, take an oath in writing before a person authorized to administer oaths in this state, which oath shall be substantially as follows:
“I, ,do solemnly swear (or affirm) that will support and defend the Constitution of the United States and the Constitution of the State of Missouri, against all ene mies, foreign and domestic; that I will bear true faith and al legiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. And I do further swear (or affirm) that I do not advo cate, nor am I a member of any political party or organization that advocates the overthrow of the government of the United States or of this state by force or violence; and that during such a time as I am a member of the (name of disaster or emergency organization), I will not advocate nor become a member of any political party or organization that advocates the overthrow of
the government of the United States or of this state by force or violence.”
(Code 1980, § 9-6)
State law reference-Similar provisions, RSMo 44.115.
Sec. 6-7. Waiver of formal procedures.
In the event of enemy attack, the mayor or city council may waive any time consuming procedures and formalities otherwise required by statute pertaining to the advertisement for bids for the performance of public work or entering into contracts.
(Code 1980, § 9-7)
Sec. 6-8. Penalties for violation.
Any person violating any of the provisions of this chapter or failing to comply with any of the provisions thereof or failing to comply with any rule, regulation or order prescribed or given by the director of the civil defense agency, in the event of an emer gency as defined in the Missouri Civil Defense Act, RSMo chapter 44, shall be deemed guilty of an offense and upon conviction thereof shall be punished as provided in section 1-9 of this Code.
(Code 1980, § 9-8)
Secs. 6-9-6-25. Reserved.
Sec. 6-26. Authority.
Notwithstanding any other provision of law to the contrary, an emergency may be declared to exist within the city whenever conditions arise by reason of war, conflagration, flood, heavy snow storm, blizzard, catastrophe, disaster, riot or civil commotion, and acts of God, and include conditions, without limitation because of enumeration, which impair transportation, food or fuel supplies, medical care, fire, health or police protection or other vital facil ities of the city.
(Code 1980, § 9-20)
Sec. 6-27. Proclamation.
Whenever in his judgment, the mayor determines that an emer gency exists within the city, he shall have power to impose by proclamation any regulations necessary to preserve the peace and order of the city.
(Code 1980, § 9-21)
Sec. 6-28. Notice to council.
After proclamation of an emergency, or any order thereunder, the mayor or other person authorized to do so under this article shall forthwith provide for notice thereof to be given to members of the council.
(Code 1980, § 9-22)
Sec. 6-29. Restriction of activities.
In the event an emergency is proclaimed under the provisions of this article, the mayor shall have the power and authority to:
(Code 1980, § 9-23)
Sec. 6-30. When proclamation effective.
The proclamation of emergency provided for by this article shall become effective upon its issuance and dissemination to the public by appropriate news media.
(Code 1980, § 9-24)
Sec. 6-31. Termination.
A curfew or order authorized by this article may be amended or rescinded in like manner by the mayor or other authorized person during the pendency of the emergency, but shall cease to be in effect upon the declaration by the mayor that the emergency no longer exists, or when superseded by action of the council.
(Code 1980, § 9-25)
Sec. 6-32. Penalty.
Any person who shall violate any condition or restriction im posed pursuant to the provisions of this article shall be deemed guilty of an offense.
(Code 1980, § 9-26)
Art. I. In General, §§ 7-1-7-30
Art. II. Judge,§§ 7-31-7-44
Sec. 7-1. Established.
There is hereby established in this city a municipal court, to be known as the “Wellston Municipal Court, a Division of the 21st Judicial Court of the State of Missouri.” This court is a continu ation of the police court of the city as previously established, and is termed herein “the municipal court.”
(Code 1980, § 10-1)
Sec. 7-2. Jurisdiction.
The jurisdiction of the municipal court shall extend to all cases involving alleged violations of the ordinances of the city.
(Code 1980, § 10-2)
Sec. 7-3. Superintending authority.
The municipal court of the city shall be subject to the rules of the circuit court of which it is a part, and to the rules of the state supreme court. The municipal court shall be subject to the gen eral administrative authority of the presiding judge of the circuit court, and the judge and court personnel of the municipal court shall obey his directives.
(Code 1980, § 10-3)
*Cross references-Administration, Ch. 2; alcoholic beverages, Ch. 3; civil defense, Ch. 6; private patrol services,§ 13-291 et seq.; emergency alarm systems,
State law references-Courts in third class cities, RSMo 98.320 et seq.; mu nicipal courts, RSMo 479.010 et seq.
Sec. 7-4. Arrests without warrants.
The city marshal, director of police or other police officer of the city may, without a warrant, make arrest of any person who commits an offense in his presence; but such officer shall, before the trial, file a written complaint with the judge hearing viola tions of municipal ordinances.
(Code 1980, § 10-4)
Sec. 7-5. Jury trials.
Any person charged with a violation of a provision of this Code or municipal ordinance of this city shall be entitled to a trial by jury, as in prosecutions for misdemeanors before an associate cir cuit judge. Whenever a defendant accused of a violation of a pro vision of this Code or municipal ordinance demands trial by jury, the municipal court shall certify the case to the presiding judge of the circuit court for reassignment, as provided in RSMo 478.255. (Code 1980, § 10-5)
Sec. 7-6. Duties of the city’s prosecuting attorney.
It shall be the duty of an attorney designated by the munici pality to prosecute the violations of the city’s ordinances before the municipal judge or before any circuit judge hearing violations of the city’s ordinances. The salary or fees of the attorney and his necessary expenses incurred in such prosecutions shall be paid by the city. The compensation of such attorney shall not be contin gent upon the result in any case.
(Code 1980, § 10-6)
State law reference-Similar provisions, RSMo 479.120.
Sec. 7-7. Right of appeal.
A defendant shall have a right to a trial de novo, even from a plea of guilty, before a circuit judge or an associate circuit judge. Such application for a trial de novo shall be filed within ten (10) days after the judgment and shall be in the form as provided by supreme court rules.
(Code 1980, § 10-7)
State law reference-Similar provisions, RSMo 479.200(2).
Sec. 7-8. Appeal from jury verdicts.
In all cases in which a jury trial has been demanded, a record of the proceedings shall be made, and appeals may be had upon that record to the appropriate appellant court.
(Code 1980, § 10-8)
State law reference-Similar provisions, RSMo 479.200(3).
Sec. 7-9. Breach of recognizance.
In the case of a breach of recognizance entered into before a municipal judge or an associate circuit judge hearing a municipal ordinance violation case, the same shall be deemed forfeited; and the judge shall cause the same to be prosecuted against the prin cipal and surety, or either of them, in the name of the munici pality as plaintiff. Such action shall be prosecuted before a circuit judge or associate circuit judge, and in the event of cases caused to be prosecuted by a municipal judge, such shall be on the tran script of the proceedings before the municipal judge. All moneys recovered in such actions shall be paid over the city treasury to the general revenue fund of the municipality.
(Code 1980, § 10-9)
State law reference-Similar provisions, RSMo 479.210.
Sec. 7-10. Clerk.
The court clerk is hereby designated as the clerk of the munic ipal court. The duties of the clerk shall be to:
(Code 1980, § 10-10)
State law reference-Cities to provide for clerks, RSMo 479.060(1).
Sec. 7-11. Court costs-Assessed; use in training of peace officers.
fees collected shall be transmitted monthly to the city treasurer, to be used for training law enforcement officers.
(Code 1980, § 10-11)
State law references—Court costs, RSMo 479.260; court costs for police training, RSMo 590.140.
Sec. 7-12. Same—Assessed against prosecuting witness.
The costs of any action may be assessed against the prosecut- ing witness and judgment be rendered against him that he pay the same and stand committed until paid in any case where it appears to the satisfaction of the municipal judge that the prosecution was commenced without probable cause and from malicious motives.
(Code 1980, § 10-12)
Sec. 7-13. Installment payment of fine.
When a fine is assessed for violating an ordinance, it should be within the discretion of the judge assessing the fine to provide for the payment of a fine on an installment basis under such terms and conditions as he may deem appropriate.
(Code 1980, § 10-13)
State law reference—Similar provisions, RSMo 479.240.
Sec. 7-14. Work-release program.
and alleys or other public works or buildings of the city for such purposes as the City of Wellston may deem necessary in accor- dance with RSMo 71.220 (2000).
(Ord. No. 989, Exh. A, 7-5-01)
Secs. 7-15—7-30. Reserved.
ARTICLE II. JUDGE
Sec. 7-31. Appointment; term.
The municipal judge shall be appointed by the mayor with the approval of the majority of the members elected to the city council. The term of such appointment shall be two (2) years. (Code 1980, § 10-15; Ord. No. 685, § 1, 5-7-86)
Sec. 7-32. Qualifications for office.
The municipal judge shall possess the following qualifications before assuming office:
(Code 1980, § 10-25; Ord. No. 689, § 1, 5-21-86)
State law reference—Qualifications, RSMo 479.020.
Sec. 7-33. Vacation of office.
The municipal judge shall vacate his office under the following circumstances:
(Code 1980, § 10-27)
Sec. 7-34. Powers and duties generally.
The municipal judge shall be and is hereby authorized to:
(Code 1980, § 10-28)
Sec. 7-35. Report to city council.
(Code 1980, § 10-29)
State law reference-Similar provisions, RSMo 479.080(3).
Sec. 7-36. Docket and court records.
The municipal judge shall be a conservator of the peace. He shall keep a docket in which he shall enter every case commenced before him and the proceedings therein, and he shall keep such other records as may be required. Such docket and records shall be records of the circuit court of St. Louis County. The municipal judge shall deliver the docket and records of the municipal court, and all books and papers pertaining to his office, to his successor in office or to the presiding judge of the circuit.
(Code 1980, § 10-30)
State law reference-Similar provisions, RSMo 479.070.
Sec. 7-37. Traffic violations bureau.
Should the municipal judge determine that there shall be a traffic violations bureau, the city shall provide all expenses inci dent to the operation of the same. The city clerk is hereby desig
nated as the traffic violations clerk for such bureau, if estab lished.
(Code 1980, § 10-31)
State law reference-Authority to establish, RSMo 479.050.
Sec. 7-38. Issuance and execution of warrants.
All warrants issued by a municipal judge shall be directed to the city marshal, director of police, any other police officer of the municipality or to the county police. The warrant shall be exe cuted by the marshal, director of police, police officer or county police any place within the limits of the county and not elsewhere unless the warrants are endorsed in the manner provided for warrants in criminal cases, and, when so endorsed, shall be served in other counties, as provided for in warrants in criminal cases. (Code 1980, § 10-32)
State law reference-Similar provisions, RSMo 479.100.
Sec. 7-39. Summoning of witnesses.
It shall be the duty of the municipal judge to summon all per sons whose testimony may be deemed essential as witnesses at the trial and to enforce their attendance by attachment, if neces sary. The fees of witnesses shall be the same as those fixed for witnesses in trials before associate circuit judges and shall be taxed as other costs in the case. When a trial shall be continued by a municipal judge, it shall not be necessary to summon any witnesses who may be present at the continuance; but the mu nicipal judge shall orally notify such witnesses as either party may require to attend before him on the day set for trial to testify in the case, and enter the names of such witnesses on his docket, which oral notice shall be valid as a summons.
(Code 1980, § 10-33)
State law reference-Similar provisions, RSMo 479.160.
Sec. 7-40. Transfer of complaint to associate circuit judge.
If, in the progress of any trial before a municipal judge, it shall appear to the judge that the accused ought to be put upon trial for an offense against the criminal laws of the state and not cogni zable before him as municipal judge, he shall immediately stop all further proceedings before him as municipal judge and cause
the complaint to be made before some associate circuit judge within the county.
(Code 1980, § 10-34)
State law reference-Similar provisions, RSMo 479.170.
Sec. 7-41. Jailing of defendants.
If in the opinion of the municipal judge the city has no suitable and safe place of confinement, the municipal judge may commit the defendant to the county jail; and it shall be the duty of the sheriff, if space for the prisoner is available in the county jail, upon receipt of a warrant of commitment from the judge, to re ceive and safely keep such prisoner until discharged by due pro cess oflaw. The municipality shall pay the board of such prisoner at the same rate as may now or hereafter be allowed to such sheriff for the keeping of such prisoner in his custody. The same shall be truced as cost.
(Code 1980, § 10-35)
State law reference-Similar provisions, RSMo 479.180.
Sec. 7-42. Parole and probation.
Any judge hearing violations of municipal ordinances may, when in his judgment it may seem advisable, grant a parole or proba tion to any person who shall plead guilty or who shall be con victed after a trial before the judge.
(Code 1980, § 10-36)
State law reference-Similar provisions, RSMo 479.190.
Sec. 7-43. Disqualification of municipal judge from hearing particular case.
A municipal judge shall be disqualified to hear any case in which he is in anywise interested, or, if before the trial is com menced, the defendant or the prosecutor files an affidavit that the defendant or the municipality, as the case may be, cannot have a fair and impartial trial by reason of the interest or prejudice of the judge. Neither the defendant nor the municipality shall be entitled to file more than one (1) affidavit or disqualification in the same case.
(Code 1980, § 10-37)
State law reference-Similar provisions, RSMo 479.220.
Sec. 7-44. Temporary municipal judge.
If a municipal judge be absent, sick or disqualified from acting, the mayor may designate some competent, eligible person to act as municipal judge until such absence or disqualification shall cease. The city council shall provide by ordinance for the compensation of any person designated to act as municipal judge under the provisions of this section.
(Code 1980, § 10-38)
Tab Content: Elections
Sec. 8-1. Conform to state law.
All elections held within the city, whether general or special, shall conform with and be conducted in accordance with the applicable statutes of the state, and especially RSMo chapter 115, as amended, anything herein to the contrary notwithstanding. (Code 1980, § 11-1; Ord. No. 972, § 3, 3-1-00)
Sec. 8-2. Wards.
The city is hereby divided into six (6) wards to be known as First Ward, Second Ward, Third Ward, Fourth Ward, Fifth Ward and Sixth Ward, the boundaries of which shall be as shown and indicated on an official map thereof on file in the office of the city clerk.
(Code 1980, § 11-2)
Sec. 8-3. Filing for elective office—Manner of filing.
No person may file as a candidate for elective office in the city unless written notice of such candidacy is prepared in the form described in the ordinances of the city and delivered to the city clerk, at the city hall, within the filing period described in section 8-4.
(Ord. No. 796, § 1, 11-1-89)
Sec. 8-4. Same—Filing period.
Unless otherwise provided by applicable law, the filing period for all candidates seeking elective office in the city shall be from 8:00 a.m. to 5:00 p.m. on each regular business day beginning at 8:00 a.m. of the 15th Tuesday prior to an election and ending at
*Cross reference—Administration, Ch. 2.
State law references—Elections generally, RSMo 77.040; qualifications of elected officials, RSMo 77.050, 78.080 et seq.
5:00 p.m. of the 11th Tuesday prior to an election. For purposes of this section, the regular business days of the city shall be Monday through Friday.
(Ord. No. 796, § 2, 11-1-89; Ord. No. 972, § 4, 3-1-00)
Sec. 8-5. Same—Public notice.
Unless otherwise provided by applicable law, upon calling an election, the city shall, before the 15th Tuesday prior to any election at which offices are to be filled, notify the general public of the opening filing date, the office or offices to be filled, the proper place for filing and the closing filing date of the election. Such notification may be accomplished by legal notice published in at least one (1) newspaper of general circulation in the city. (Ord. No. 796, § 3, 11-1-89; Ord. No. 972, § 5, 3-1-00)
Sec. 8-6. Same—Filing fee.
At any general or special election, all candidates filing for office shall, at the time of filing, pay to the city clerk a fee for the office of mayor of one hundred dollars ($100.00), for councilman (alderpersons) a fee of fifty dollars ($50.00), which shall be paid into the general revenue of the city.
(Code 1980, § 11-5; Ord. No. 868, § 2, 11-3-93)
Sec. 8-7. Voting machines.
The city clerk, or other person who may be acting as the election commissioner of the city is hereby instructed to make provisions with the county for the rental and use of voting machines or other voting apparatus as prescribed by St. Louis County for each future election called by the city. The city clerk is hereby authorized to pay for the rental of such machines out of the general revenue and in those elections where other govern- mental units are also holding elections and using the voting machines, to collect from those units a pro rata share of the expense.
(Code 1980, § 11-6)
ARTICLE I. STATUTORY AUTHORIZATION, FINDINGS OF FACT, AND PURPOSES
Sec. 9-1. Statutory authorization.
The Legislature of the State of Missouri has in RSMo 77.260,
77.290 and 77.590 delegated the responsibility to local govern- mental units to adopt flood plain management regulations de- signed to protect the health, safety, and general welfare.
(Ord. No. 1046, art. 1(A), 3-22-05)
Sec. 9-2. Findings of fact.
*Editor’s note—Ord. No. 1046, adopted Mar. 22, 2005, repealed Ch. 9, which consisted of §§ 9-1—9-55, and enacted new provisions to read as herein set out. Former Ch. 9 pertained to similar subject matter and derived from Ord. No. 734, adopted Apr. 15, 1987; and Ord. No. 900, adopted June 21, 1995.
Cross references—Department of public works, § 2-81 et seq.; civil defense, Ch. 6; housing, Ch. 11; mobile homes and similar structures, Ch. 14; parks and recreation, Ch. 17; solid waste, Ch. 19; streets and sidewalks, Ch. 20; traffic and motor vehicles, Ch. 21; regulations, App. A.
(Ord. No. 1046, art. 1(B), 3-22-05)
Sec. 9-3. Statement of purpose.
It is the purpose of this chapter to promote the public health, safety, and general welfare; to minimize those losses described in article I, section 9-2(1); to establish or maintain the community’s eligibility for participation in the National Flood Insurance Program (NFIP) as defined in 44 Code of Federal Regulations (CFR) 59.22(a)(3); and to meet the requirements of 44 CFR 60.3(d) by applying the provisions of this chapter to:
Ord. No. 1046, art. 1(C), 3-22-05)
Secs. 9-4—9-10. Reserved.
ARTICLE II. GENERAL PROVISIONS
Sec. 9-11. Lands to which chapter applies.
This chapter shall apply to all lands within the jurisdiction of the City of Wellston identified as numbered and unnumbered A zones and AE zones, on the Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM) dated August 2, 1995, as amended, and any future revisions thereto. In all areas covered by this chapter, no development shall be permitted except through the issuance of a floodplain development permit, granted by the City of Wellston or its duly designated representative
under such safeguards and restrictions as the City of Wellston or the designated representative may reasonably impose for the promotion and maintenance of the general welfare, health of the inhabitants of the community, and as specifically noted in article IV.
(Ord. No. 1046, art. 2(A), 3-22-05)
Sec. 9-12. Floodplain administrator.
The administrative assistant to the mayor is hereby designated as the floodplain administrator under this chapter.
(Ord. No. 1046, art. 2(B), 3-22-05)
Sec. 9-13. Compliance.
No development located within the special flood hazard areas of this community shall be located, extended, converted, or structurally altered without full compliance with the terms of this chapter and other applicable regulations.
(Ord. No. 1046, art. 2(C), 3-22-05)
Sec. 9-14. Abrogation and greater restrictions.
It is not intended by this chapter to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail. All other ordinances inconsistent with this chapter are hereby repealed to the extent of the inconsistency only.
(Ord. No. 1046, art. 2(D), 3-22-05)
Sec. 9-15. Interpretation.
In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, shall be liberally construed in favor of the governing body, and shall not be deemed a limitation or repeal of any other powers granted by state statutes.
(Ord. No. 1046, art. 2(E), 3-22-05)
Sec. 9-16. Warning and disclaimer of liability.
The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions or the flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This chapter does not imply that areas outside the floodway and flood fringe or land uses permitted within such areas will be free from flooding or flood damage. This chapter shall not create a liability on the part of the City of Wellston, any officer or employee thereof, for any flood damages that may result from reliance on this chapter or any administrative decision lawfully made there under.
(Ord. No. 1046, art. 2(F), 3-22-05)
Sec. 9-17. Severability.
If any section, clause, provision, or portion of this chapter is adjudged unconstitutional or invalid by a court of appropriate jurisdiction, the remainder of this chapter shall not be affected thereby.
(Ord. No. 1046, art. 2(G), 3-22-05)
Secs. 9-18—9-30. Reserved.
ARTICLE III. ADMINISTRATION
Sec. 9-31. Floodplain development permit required.
A floodplain development permit shall be required for all proposed construction or other development, including the placement of manufactured homes, in the areas described in article II, section 9-11. No person, firm, corporation, or unit of government shall initiate any development or substantial improvement or cause the same to be done without first obtaining a separate floodplain development permit for each structure or other development.
(Ord. No. 1046, art. 3(A), 3-22-05)
Sec. 9-32. Designation of floodplain administrator.
The administrative assistant to the mayor is hereby appointed to administer and implement the provisions of this chapter. (Ord. No. 1046, art. 3(B), 3-22-05)
Sec. 9-33. Duties and responsibilities of floodplain administrator.
Duties of the administrative assistant to the mayor shall include, but not be limited to:
(Ord. No. 1046, art. 3(C), 3-22-05)
Sec. 9-34. Application for floodplain development permit.
To obtain a floodplain development permit, the applicant shall first file an application in writing on a form furnished for that purpose. Every floodplain development permit application shall:
(Ord. No. 1046, art. 3(D), 3-22-05)
Secs. 9-35—9-50. Reserved.
ARTICLE IV. PROVISIONS FOR FLOOD HAZARD REDUCTION
Sec. 9-51. General standards.
(Ord. No. 1046, art. 4(A), 3-22-05)
Sec. 9-52. Specific standards.
In all areas identified as numbered and unnumbered A zones and AE zones, where base flood elevation data have been pro- vided, as set forth in article IV, subsection 9-51(2), the following provisions are required:
this subsection are satisfied. Such certification shall be provided to the Floodplain Administrator as set forth in article III, subsection 9-33(9).
(Ord. No. 1046, art. 4(B), 3-22-05)
Sec. 9-53. Manufactured homes.
be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to one (1) foot above the base flood elevation and be securely attached to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
(Ord. No. 1046, art. 4(C), 3-22-05)
Sec. 9-54. Floodway.
Located within areas of special flood hazard established in article II, section 9-11 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters that carry debris and potential projectiles, the following provisions shall apply:
of the base flood without increasing the water surface elevation of that flood more than one (1) foot at any point.
(Ord. No. 1046, art. 4(D), 3-22-05)
Sec. 9-55. Recreational vehicles.
(180) consecutive days, or
Note—* A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security devices, and has no permanently attached additions.
(Ord. No. 1046, art. 4(E), 3-22-05)
Sec. 9-56—9-70. Reserved.
ARTICLE V. FLOODPLAIN MANAGEMENT VARIANCE PROCEDURES
Sec. 9-71. Establishment of appeal board.
The city council as established by City of Wellston shall hear and decide appeals and requests for variances from the floodplain management requirements of this chapter.
(Ord. No. 1046, art. 5(A), 3-22-05)
Sec. 9-72. Responsibility of appeal board.
Where an application for a floodplain development permit or request for a variance from the floodplain management regulations is denied by the administrative assistant to the mayor, the applicant may apply for such floodplain development permit or variance directly to the appeal board, as defined in article V, section 9-71.
The Wellston City Council shall hear and decide appeals when it is alleged that there is an error in any requirement, decision, or determination made by the administrative assistant to the mayor in the enforcement or administration of this chapter.
(Ord. No. 1046, art. 5(B), 3-22-05)
Sec. 9-73. Further appeals.
Any person aggrieved by the decision of the Wellston City Council or any taxpayer may appeal such decision to the circuit court as provided in RSMo chapter 536.
(Ord. No. 1046, art. 5(C), 3-22-05)
Sec. 9-74. Floodplain management variance criteria.
In passing upon such applications for variances, the Wellston City Council shall consider all technical data and evaluations, all relevant factors, standards specified in other sections of this section, and the following criteria:
(1) The danger to life and property due to flood damage;
(2) The danger that materials may be swept onto other lands to the injury of others;
(3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
(4) The importance of the services provided by the proposed facility to the community;
(5) The necessity to the facility of a waterfront location, where applicable;
(6) The availability of alternative locations, not subject to flood damage, for the proposed use;
(7) The compatibility of the proposed use with existing and anticipated development;
(8) The relationship of the proposed use to the comprehensive plan and flood plain management program for that area;
(9) The safety of access to the property in times of flood for ordinary and emergency vehicles;
(10) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters, if applicable, expected at the site; and
(11) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, elec- trical, and water systems; streets; and bridges.
(Ord. No. 1046, art. 5(D), 3-22-05)
Sec. 9-75. Conditions for approving floodplain management variances.
(1) Generally, variances may be issued for new construction and substantial-improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (2) through (6) below have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.
(2) Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places, the State Inventory of Historic Places, or local inventory of historic places upon determination provided the proposed activity will not preclude the structure’s continued historic designation.
(3) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(4) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(5) Variances shall only be issued upon:
(a) A showing of good and sufficient cause;
(b) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
(c) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
(6) A community shall notify the applicant in writing over the signature of a community official that:
(a) The issuance of a variance to construct a structure below base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage; and
(b) Such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions as required by this chapter.
(Ord. No. 1046, art. 5(E), 3-22-05)
Sec. 9-76. Conditions for approving variances for accessory structures.
Any variance granted for an accessory structure shall be decided individually based on a case by case analysis of the building’s unique circumstances. Variances granted shall meet the following conditions as well as those criteria and conditions set forth in article V, sections 9-74 and 9-75 of this chapter.
In order to minimize flood damages during the 100-year flood and the threat to public health and safety, the following conditions shall be included for any variance issued for accessory structures that are constructed at-grade and wet-floodproofed.
(1) Use of the accessory structures must be solely for parking and limited storage purposes in zone A only as identified on the community’s Flood Insurance Rate Map (FIRM).
(2) For any new or substantially damaged accessory structures, the exterior and interior building components and elements (i.e., foundation, wall framing, exterior and interior finishes, flooring, etc.) below the base flood elevation, must be built with flood-resistant materials in accordance with article IV, subsection 9-51(4)(b) of this chapter.
(3) The accessory structures must be adequately anchored to prevent flotation, collapse, or lateral movement of the structure in accordance with article IV, subsection 9-51(4)(a) of this chapter. All of the building’s structural components must be capable of resisting specific flood-related forces including hydrostatic, buoyancy, and hydrodynamic and debris impact forces.
(4) Any mechanical, electrical, or other utility equipment must be located above the base flood elevation or floodproofed so that they are contained within a water- tight, floodproofed enclosure that is capable of resisting damage during flood conditions in accordance with article IV, subsection 9-51(4)(d) of this chapter.
(5) The accessory structures must meet all National Flood Insurance Program (NFIP) opening requirements. The NFIP requires that enclosure or foundation walls, subject
to the 100-year flood, contain openings that will permit the automatic entry and exit of floodwaters in accordance with article IV, subsection 9-52(1)(c) of this chapter.
(6) The accessory structures must comply with the floodplain management floodway encroachment provisions of article IV, subsection 9-54(2) of this chapter. No variances may be issued for accessory structures within any designated floodway, if any increase in flood levels would result during the 100-year flood.
(7) Equipment, machinery, or other contents must be protected from any flood damage.
(8) No disaster relief assistance under any program administered by any federal agency shall be paid for any repair or restoration costs of the accessory structures.
(9) A community shall notify the applicant in writing over the signature of a community official that:
a. The issuance of a variance to construct a structure below base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage; and
b. Such construction below the base flood level in- creases risks to life and property. Such notification shall be maintained with the record of all variance actions as required by this ordinance.
(10) Wet-floodproofing construction techniques must be re- viewed and approved by the community and registered professional engineer or architect prior to the issuance of any floodplain development permit for construction.
(Ord. No. 1046, art. 5(F), 3-22-05)
Secs. 9-77—9-90. Reserved.
ARTICLE VI. ADDITIONAL PROVISIONS
Sec. 9-91. Penalties for violation.
Violation of the provisions of this chapter or failure to comply with any of its requirements (including violations of conditions
and safeguards established in connection with granting of variances) shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than five hundred dollars ($500.00), and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City of Wellston or other appropriate authority from taking such other lawful action as is necessary to prevent or remedy any violation.
(Ord. No. 1046, art. 6, 3-22-05)
Sec. 9-92. Amendments.
The regulations, restrictions, and boundaries set forth in this chapter may from time to time be amended, supplemented, changed, or appealed to reflect any and all changes in the National Flood Disaster Protection Act of 1973, provided, how- ever, that no such action may be taken until after a public hearing in relation thereto, at which parties of interest and citizens shall have an opportunity to be heard. Notice of the time and place of such hearing shall be published in a newspaper of general circulation in the St. Louis area. At least twenty (20) days shall elapse between the date of this publication and the public hearing. A copy of such amendments will be provided to the Region VII office of the Federal Emergency Management Agency (FEMA). The regulations of this chapter are in compliance with the National Flood Insurance Program (NFIP) regulations. (Ord. No. 1046, art. 7, 3-22-05)
Sec. 9-93. Definitions.
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the same meaning they have in common usage and to give this chapter its most reasonable application.
100-year flood see “base flood”.
Accessory structure means the same as “appurtenant structure”.
Actuarial rates see “risk premium rates”
Administrator means the Federal Insurance Administrator.
Agency means the Federal Emergency Management Agency (FEMA).
Appeal means a request for review of the floodplain administrator’s interpretation of any provision of this chapter or a request for a variance.
Appurtenant structure means a structure that is on the same parcel of property as the principle structure to be insured and the use of which is incidental to the use of the principal structure.
Area of special flood hazard is the land in the floodplain within a community subject to a one (1) percent or greater chance of flooding in any given year.
Base flood means the flood having a one (1) percent chance of being equaled or exceeded in any given year.
Basement means any area of the structure having its floor subgrade (below ground level) on all sides.
Building see “structure”.
Chief executive officer or chief elected official means the official of the community who is charged with the authority to implement and administer laws, ordinances, and regulations for that com- munity.
Community means any state or area or political subdivision thereof, which has authority to adopt and enforce floodplain management regulations for the areas within its jurisdiction.
Development means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, levees, levee systems, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.
Elevated building means for insurance purposes, a non-basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.
Eligible community or participating community means a com- munity for which the administrator has authorized the sale of flood insurance under the National Flood Insurance Program (NFIP).
Existing construction means for the purposes of determining rates, structures for which the start of construction commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. Existing construction may also be referred to as existing structures.
Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from:
(1) The overflow of inland, and/or
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
Flood boundary and floodway map (FBFM) means an official map of a community on which the administrator has delineated both special flood hazard areas and the designated regulatory floodway.
Flood elevation determination means a determination by the administrator of the water surface elevations of the base flood, that is, the flood level that has a one (1) percent or greater chance of occurrence in any given year.
Flood elevation study means an examination, evaluation and determination of flood hazards.
Flood fringe means the area outside the floodway encroachment lines, but still subject to inundation by the regulatory flood.
Flood hazard boundary map (FHBM) means an official map of a community, issued by the administrator, where the boundaries of the flood areas having special flood hazards have been designated as (unnumbered or numbered) A zones.
Flood insurance rate map (FIRM) means an official map of a community, on which the administrator has delineated both the special flood hazard areas and the risk premium zones applicable to the community.
Flood insurance study (FIS) means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations.
Floodplain or flood-prone area means any land area susceptible to being inundated by water from any source (see “flooding”).
Floodplain management means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works, and floodplain management regulations.
Floodplain management regulations means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain and grading ordinances) and other applications of police power. The term de- scribes such state or local regulations, in any combination thereof, that provide standards for the purpose of flood damage prevention and reduction.
Floodproofing means any combination of structural and nonstructural additions, changes, or adjustments to structures that reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, or structures and their contents.
Floodway or regulatory floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumula- tively increasing the water surface elevation more than one (1) foot.
Floodway encroachment lines means the lines marking the limits of floodways on federal, state and local floodplain maps.
Freeboard means a factor of safety usually expressed in feet above a flood level for purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as bridge openings and the hydrological effect of urbanization of the watershed.
Functionally dependent use means a use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. This term includes only docking facilities and facilities that are necessary for the loading and unloading of cargo or passengers, but does not include long-term storage or related manufacturing facilities.
Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
Historic structure means any structure that is:
(a) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary of the Interior to qualify as a registered historic district;
(c) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
(d) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(1) By an approved state program as determined by the Secretary of the Interior, or
(2) Directly by the Secretary of the Interior in states without approved programs.
Lowest floor means the lowest floor of the lowest enclosed area, including basement. An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or storage, in an area other than a basement area, is not considered a building’s lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable floodproofing design requirements of this chapter.
Manufactured home means a structure, transportable in one
(1) or more sections, that is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term “manufactured home” does not include a recreational vehicle.
Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.
Map means the flood hazard boundary map (FHBM), flood insurance rate map (FIRM), or the flood boundary and floodway map (FBFM) for a community issued by the Federal Emergency Management Agency (FEMA).
Market value or fair market value means an estimate of what is fair, economic, just and equitable value under normal local market conditions.
Mean sea level means, for purposes of the National Flood Insurance Program (NFIP), the National Geodetic Vertical Da
tum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community’s flood insurance rate map (FIRM) are referenced.
New construction means, for the purposes of determining insurance rates, structures for which the start of construction commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, “new construction” means structures for which the start of construction commenced on or after the effective date of the floodplain management regulations adopted by a community and includes any subsequent improvements to such structures.
New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lot on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by the community.
NFIP means the National Flood Insurance Program.
Participating community also known as an eligible community, means a community in which the administrator has authorized the sale of flood insurance.
Person includes any individual or group of individuals, corporation, partnership, association, or any other entity, including federal, state, and local governments and agencies.
Principally above ground means that at least fifty-one (51) percent of the actual cash value of the structure, less land value, is above ground.
Recreational vehicle means a vehicle which is:
(c) Designed to be self-propelled or permanently towable by a light-duty truck; and
(d) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
Remedy a violation means to bring the structure or other development into compliance with federal, state, or local floodplain management regulations; or, if this is not possible, to reduce the impacts of its noncompliance.
Risk premium rates means those rates established by the administrator pursuant to individual community studies and investigations which are undertaken to provide flood insurance in accordance with Section 1307 of the National Flood Disaster Protection Act of 1973 and the accepted actuarial principles. Risk premium rates include provisions for operating costs and allowances.
Special flood hazard area see “area of special flood hazard”.
Special hazard area means an area having special flood hazards and shown on an FHBM, FIRM or FBFM as zones (unnumbered or numbered) A and AE.
Start of construction includes substantial improvements, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvements were within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slabs or footings, the installation of piles, the construction of columns, any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, the installation of streets and/or walkways, excavation for a basement, footings, piers, foundations, the erection of temporary forms, nor installation on the property of accessory structures, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the
actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
State coordinating agency means that agency of the state government, or other office designated by the governor of the state or by state statute at the request of the administrator to assist in the implementation of the National Flood Insurance Program (NFIP) in that state.
Structure means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. “Structure,” for insurance purposes, means a walled and roofed building, other than a gas or liquid storage tank, that is principally above ground and affixed to a permanent site, as well as a manufactured home on a permanent foundation. For the latter purpose, the term includes a building while in the course of construction, alteration or repair, but does not include building materials or supplies intended for use in such construction, alteration or repair, unless such materials or supplies are within an enclosed building on the premises.
Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to pre- damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred.
Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:
(1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications that have been identified by the local code enforcement official and which are the mini- mum necessary to assure safe living conditions, or
(2) Any alteration of a historic structure, provided that the alteration will not preclude the structure’s continued designation as a historic structure.
Variance means a grant of relief by the community from the terms of a floodplain management regulation. Flood insurance requirements remain in place for any varied use or structure and cannot be varied by the community.
Violation means the failure of a structure or other development to be fully compliant with the community’s floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required by this chapter is presumed to be in violation until such time as that documentation is provided.
Water surface elevation means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum where specified) of floods of various magnitudes and frequencies in the floodplain.
(Ord. No. 1046, art. 8, 3-22-05)
Cross reference—Definitions and rules of construction, § 1-2.
ARTICLE I. IN GENERAL
Secs. 10-1-10•25. Reserved.
ARTICLE II. FOOD SERVICE ESTABLISHMENTS
Sec. 10-26. Definitions.
For the purposes of this article the following words and phrases shall have the meanings respectively ascribed to them:
Employee means any person who handles food or drink during preparation or serving, or who comes in contact with any eating or cooking utensils, or who is employed in a room in which food or drink is prepared or served.
Itinerant restaurant means one (1) operating for a temporary period in connection with a fair, carnival, circus, public exhibition or other similar gathering.
Restaurant means any coffee shop, cafeteria, short order cafe, luncheonette, tavern, sandwich stand, soda fountain, food vending cart and all other eating or drinking establishments, as well as kitchens or other places in which food or drink is prepared for sale elsewhere.
*Cross references-Department of public health and welfare,§ 2-106 et seq.; alcoholic beverages, Ch. 3; licenses and taxation generally, Ch. 13; nuisances, Ch. 15.
State law references-Food and drugs generally, RSMo Ch. 196; inspection of animals intended for food, RSMo 71.730; control of slaughterhouses, stockyards, RSMo 77.560.
Utensils means any kitchenware, tableware, glassware, cutlery, utensils, containers or other equipment with which food or drink comes in contact during storage, preparation or serving. (Code 1980, § 12-16)
Cross reference-Definitions and rules of construction generally, § 1-2.
Sec. 10-27. Permits.
(a) It shall be unlawful for any person to operate a restaurant in the unincorporated portion of this city who does not possess an unrevoked permit from the health commissioner. Such permit shall be posted in a conspicuous place. Only persons who comply with the requirements of this article shall be entitled to receive and retain such a permit. A person conducting an itinerant restaurant shall also be required to secure a permit. Upon complying with the requirements of this article, the health commissioner shall issue a permit upon application to the county health department.
(b) Such a permit may be temporarily suspended by the health commissioner upon the violation by the holder of any of the terms of this article, or revoked after an opportunity for a hearing by the health commissioner upon serious or repeated violation. (Code 1980, § 12-17)
Sec. 10-28. Public display of grade notice.
Every restaurant shall display at all times in a place designated by the health commissioner, a notice approved by the health commissioner stating the grade of the establishment.
(Code 1980, § 12-18)
Sec. 10-29. Examination and condemnation of un whole some or adulterated food or drink.
Samples of food, drink and other substances may be taken and examined by the health commissioner as often as may be necessary for the detection of unwholesomeness or adulteration. The health commissioner may condemn and forbid the sale of, or cause to be removed or destroyed, any food or drink which is un whole some or adulterated.
(Code 1980, § 12-19)
Sec. 10-30. Inspection of restaurants.
(a) At least once every three (3) months the health commissioner shall inspect every restaurant located within the city. In case the health commissioner discovers the violation of any item of sanitation required for the grade then held, he shall make a second inspection after the lapse of such time as he deems necessary for the defect to be remedied, and the second inspection shall be used in determining compliance with the grade requirements of this article. Any violation of the same item of this article on such second inspection shall call for immediate degrading or suspension of permit.
(b) One (1) copy of the inspection report shall be posted by the health commissioner upon an inside wall of the restaurant, and such inspection report shall not be defaced or removed by any person except the health commissioner. Another copy of the inspection report shall be filed with the records of the health department.
(c) The person operating the restaurant shall upon request of the health commissioner, permit access to all parts of the establishment and shall permit copying any or all records of food purchased.
(Code 1980, § 12-20)
Sec. 10-31. Grades of restaurants which may operate.
No restaurant shall be operated within the city unless it con forms with the Grade A or Grade B, or approved itinerant restaurant requirements of this article; provided, that when any restaurant fails to qualify for any of these grades the health com missioner is authorized to suspend the permit or in lieu thereof to degrade the restaurant to Grade C and permit its operation at this grade during a temporary period not exceeding thirty (30) days.
(Code 1980, § 12-21)
Sec. 10-32. Reinstatement of permit; supplementary regrading.
(a) Any restaurant, the grade of which has been lowered and all grade displays have been changed accordingly, may at any time make application for regrading.
(b) Within one (1) week after the receipt of a satisfactory application, accompanied by a statement signed by the applicant to the effect that the violated provision or provisions of this article have been conformed with, the health commissioner shall make a reinspection, and thereafter as many additional re-inspections as he may deem necessary to assure himself that the applicant is again complying with the higher grade requirements, and, in case the findings indicate compliance, shall award the higher grade.
(Code 1980, § 12-22)
Sec. 10-33. Grading of restaurants.
The grading of all restaurants within the city shall be based upon the following standards:
(1) Grade A restaurants. All Grade A restaurants shall comply with all the following items of sanitation:
a. Floors. The floors of all rooms in which food or drink is stored, prepared, or served, or in which utensils are washed, shall be of such construction as to be easily cleaned, shall be smooth, and shall be kept clean and in good repair.
b. Walls and ceilings. Walls and ceilings of all rooms shall be kept clean and in good repair. All walls and ceilings of rooms in which food or drink is stored or prepared shall be finished in light color. The walls of all rooms in which food or drink is prepared or utensils are washed shall have a smooth, washable surface up to the level reached by splash or spray.
c. Doors and windows. When flies are prevalent, all openings into the outer air shall be effectively screened and doors shall be self-closing, unless other effective means are provided to prevent the entrance of flies.
d. Lighting. All rooms in which food or drink is stored or prepared, or in which utensils are washed, shall b well lighted.
e. Ventilation. All rooms in which food or c:1-rink is stored or prepared, or served, or in which utensils are washed, shall be well ventilated.
f. Toilet facilities. Every restaurant shall be provided with adequate and conveniently located toilet facilities for its employees, conforming with the proper ordinances. In restaurants hereafter constructed, toilet rooms shall not open directly into any room in which food, drink or utensils are handled or stored. The doors of all toilet rooms shall be self-closing. Toilet rooms shall be kept in a clean condition, in good repair, and well lighted and ventilated. Handwashing signs shall be posted in each toilet room used by employees.
g. Water supply. Running water under pressure shall be easily accessible to all rooms in which food is prepared or utensils are washed, and the water supply shall be adequate and of a safe, sanitary quality.
h. Lavatory facilities. Adequate and convenient hand washing facilities shall be provided, including hot and cold running water, soap, and approved sanitary towels. The use of a common towel is prohibited. No employee shall resume work after using the toilet room without first washing his hands.
1. Construction of utensils and equipment. All multi-use utensils and all show and display cases or windows, counters, shelves, tables, refrigerating equipment, sinks, and other equipment or utensils used in connection with the operation of a restaurant shall be so con structed as to be easily cleaned and shall be kept in good repair. Utensils containing or plated with cadmium or lead shall not be used; provided, that solder containing lead may be used for jointing.
J. Cleaning and bactericidal treatment of utensils and equipment. All equipment, including display cases or windows, counters, shelves, tables, refrigerators, stoves, hoods and sinks, shall be kept clean and free from dust, dirt, insects and other contaminating material. All cloths used by waiters, chefs and other employees shall be clean. Single-service containers shall be used only once.
1. All multi-use eating and drinking utensils shall be thoroughly cleaned and effectively subjected to an approved bactericidal process after each usage.
All multi-use utensils used in the preparation or serving of food and drink shall be thoroughly cleaned and effectively subjected to an approved bactericidal process immediately following the day’s operation. Drying cloths, if used, shall be clean and shall be used for no other purpose.
2. No article, polish or other substance containing any cyanide preparation or other poisonous material shall be used for the cleansing or polishing of utensils.
k. Storage and handling of utensils and equipment. After bactericidal treatment, utensils shall be stored in a clean, dry place protected from flies, dust and other contamination, and shall be handled in such a manner as to prevent contamination as far as practicable. Single-service utensils shall be purchased only in sanitary containers, shall be stored therein in a clean, dry place until used, and shall be handled in a sanitary manner.
l. Disposal of wastes. All wastes shall be properly dis• posed of, and all garbage and trash shall be kept in suitable receptacles, in such manner as not to become a nuisance.
m. Refrigeration. All readily perishable food and drink shall be kept at or below fifty (50) degrees Fahrenheit except when being prepared or served. Wastewater from refrigeration equipment shall be properly disposed of.
n. Wholesomeness of food and drink. All drink and food shall be clean, wholesome, free from spoilage, and so prepared as to be safe for human consumption. All milk, fluid milk products, ice cream, and other frozen desserts served shall be from approved sources. Milk and fluid milk products shall be served in the individual original containers in which they were received from the distributor or from a bulk container equipped with an approved dispensing device; provided, that this requirement shall not apply to cream, which may be served from the original bottle or from a dispenser approved for such service.
All oysters, clams and mussels shall be from approved sources, and if shucked shall be kept until used in the containers in which they were placed at the shucking plant.
o. Storage, display and serving of food and drink. All food and drink shall be so stored, displayed and served as to be protected from dust, flies, vermin, depredation and pollution by rodents, unnecessary handling, droplet infection, overhead leakage and other contamination. No animals or fowl shall be kept or allowed in any room in which food or drink is prepared or stored. All means necessary for the elimination of flies, roaches and rodents shall be used.
p. Cleanliness of employees. All employees shall wear clean outer garments and shall keep their hands clean at all times while engaged in handling food, drink, utensils or equipment. Employees shall not expectorate or use tobacco in any form in rooms in which food is prepared.
q. Miscellaneous. The premises of all restaurants shall be kept clean and free of litter or rubbish. None of the operations connected with a restaurant shall be con ducted in any room used as living or sleeping quarters. Adequate lockers or dressing rooms shall be provided for employees’ clothing and shall be kept clean. Soiled linens, coats and aprons shall be kept in containers provided for this purpose.
(2) Grade B restaurants. Grade B restaurants are those which fail to comply with items a., b., d., e. or q. above, but which conform with all other items of sanitation required for Grade A restaurants.
(3) Grade C restaurants. Grade C restaurants are those which fail to comply with either the Grade A or the Grade B requirements.
(4) Itinerant restaurants. Itinerant restaurants shall be con structed and operated in an approved manner.
(Code 1980, § 12-23)
Sec. 10-34. Disease control.
No person who is affected with any disease in a communicable form or is a carrier of such disease shall work in any restaurant, and no restaurant shall employ any such person or any person suspected of being affected with any disease in a communicable form or of being a carrier of such disease. If the restaurant man ager suspects that any employee has contracted any disease in a communicable form or has become a carrier of such disease he shall notify the health commissioner immediately. A placard containing this section shall be posted in all toilet rooms.
(Code 1980, § 12-24)
Sec. 10-35. Procedure when infection suspected.
When suspicion arises as to the possibility of transmission of infection from any restaurant employee the health commissioner is authorized to require any or all of the following measures:
(1) The immediate exclusion of the employee from all restaurants.
(2) The immediate closing of the restaurant concerned until no further danger of disease outbreak exists, in the opinion of the health commissioner.
(3) Adequate medical examinations of the employee and of his associates, with such laboratory examinations as may be indicated.
(Code 1980, § 12-25)
Sec. 10-36. Enforcement interpretation.
This article shall be enforced by the health commissioner in accordance with the interpretations thereof contained in the U.S. Public Health Service Code Regulating Eating and Drinking Establishments, a certified copy of which shall be on file at the county clerk’s office.
(Code 1980, § 12-26)
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HOUSING*
Art. I.
Art. II.
In General, §§ 11-1-11-25 Housing Code, §§ 11-26–11-28
ARTICLE I. IN GENERAL
Sec. 11-1. Finding of blighted areas.
The council hereby finds that one (1) or more blighted or insanitary areas, as defined in RSMo 99.320(10), (11), exist in the city, and that the redevelopment of such areas is necessary in the interest of the health, safety, morale or welfare of the residents of the city.
(Code 1980, § 13-1)
Sec. 11-2. Housing authority and land clearance for redevelopment authority separated.
Secs. 11-3-11-25. Reserved.
ARTICLE II. HOUSING CODE*
Sec. 11-26. Adopted.
That certain document, copies of which are filed in the offices of the city clerk, entitled “The BOCA National Property Maintenance Code,” 1990 Edition, recommended by the Building Officials and Code Administrators International, Inc., is hereby referred to, adopted and made a part hereof as if fully set out in this Code of Ordinances.
(Code 1980, § 13-16)
Sec. 11-27. Definitions.
*Cross reference-Technical codes adopted,§ 5-2.
Whenever the term “corporate counsel” or “city attorney” is used in the code adopted by the provisions of this article, it shall be construed to mean the attorney of this
(Code 1980, § 13-17)
Cross reference-Definitions and rules of construction generally, § 1-2.
Sec. 11-28. Penalty for violation.
Any person who shall violate any provision of the code adopted by the provisions of this article shall be deemed guilty of an offense, and shall be punished as provided in section 1-9 of this Code. Each day such violation continues shall be deemed a separate offense.
(Code 1980, § 13-18)
[The next page is 695]
ARTICLE II. FAIR HOUSING CODE*
Sec. 12-26. Complaint process.
Any person who claims to have been injured or who will be injured by a discriminatory housing practice may file a complaint with the commission. The complaint shall be filed within one hundred eighty (180) days after the alleged discriminatory housing practice occurred. For purposes of this section, all days of violation with respect to one (1) dwelling shall be taken to mean one (1) occurrence. Complaints shall be in writing and shall state the facts upon which the allegations of the discriminatory practice are based. Upon receipt of such complaint, a copy shall be furnished to the person who allegedly committed or is about to commit the alleged discriminatory housing practice.
•cross references-City contract compliance program for equal employment opportunity, § 2-10; housing code, § 11-26 et seq.
(Ord. No. 803, § 2, 5-2-90)
Sec. 12-27. Discrimination in the sale or rental of housing.
It shall be unlawful for any owner, real estate broker, salesman, or lending institution, either by themselves or through their officers, employees, agents or salesman, or for any other person:
(1) To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny a dwelling to any person because of race, sex, color, religion, national origin, age, ancestry, handicap or familial status.
(2) To discriminate against any person in the terms, conditions or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith because of race, sex, color, religion, national origin, age, ancestry, handicap or familial status.
(3) To make, print or publish, or cause to be made, printed or published, any notice, statement or advertisement with respect to limitation, or discrimination based on race, sex, color, religion, national origin, age, ancestry, handicap or familial status, or an intention to make any such preference, limitation or discrimination.
(4) To present to any person because of race, sex, color, religion, national origin, age, ancestry, handicap or familial status, that any dwelling is not available for inspection, sale or rental when such dwelling is in fact so available.
(5) For profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entryor prospective entry into the neighborhood of a person of a particular race, sex, color, religion, national origin, age, ancestry, handicap or familial status.
(Ord. No. 803, § 3, 5-2-90)
Sec. 12-28. Discrimination in the sale or rental of housing, exemptions.
Nothing i.n this article shall prohibit a religious organization, association or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society, from limiting the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same reli gion, or from giving preference to such persons, unless member ship in such religion is restricted on account of race, sex, color, religion, national origin, age, ancestry, handicap or familial status. Nor shall anything in this article prohibit a private club not in fact open to the public which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members.
(Ord. No. 803, § 4, 5-2-90)
Sec. 12-29. Discrimination in the financing of housing.
It shall be unlawful for any bank, building and loan association, insurance company or other corporation, association, firm or enterprise whose business consists in whole or in part in the making of commercial real estate loans, to deny a loan or other financial assistance to a person applying therefore for the purpose of purchasing, constructing, improving, repairing or maintaining a dwelling, or to discriminate against him in the fixing of the amount, interest rate, duration, or other terms or conditions of such loan or other financial assistance, because of race, sex, color, religion, national origin, age, ancestry, handicap or familial status of such person or of any person associated with him in connection with such loan or other financial assistance, or the present or prospective owners, lessees, tenants or occupants of the dwelling or dwellings in relation to which such loan or other financial assistance is to be made or given.
(Ord. No. 803, § 5, 5-2-90)
Sec. 12-30. Discrimination in the provision of brokerage services.
It shall be unlawful for any person to deny any person access to or membership or participation in any multiple-listing service, real estate broker’s organization or other service, organization or facility relating to the business of selling or renting dwellings, or to discriminate against him in the terms or conditions of such access, membership, or participation, on account of race, sex, color, religion, national origin, age, ancestry, handicap or familial status. (Ord. No. 803, § 6, 5-2-90)
Sec. 12-31. Solicitation of sale or rental of dwellings restricted.
(a) It shall be unlawful for any real estate corporation, partnership, firm or association, or for any person acting as a real estate agent, salesman or broker, or for any agent, employee or person acting on their behalf to solicit or induce or attempt to solicit or induce in any manner or by any means, including but not limited to the use of the mails, telegraph, letters, flyers, leaf lets, circular, telephone, door-to-door solicitation or any other type of written or oral personal contact, any person having any interest in a dwelling, including occupant, to sell, lease, rent, move from or otherwise dispose of or change his interest in such dwelling.
(b) Subsection (a) above shall not be applicable to:
(1) Any solicitation or attempted solicitation to sell, lease, rent, move from, or otherwise dispose of or change interest in any vacant land.
(2) Any solicitation or attempted solicitation to sell, lease, rent, move from or otherwise dispose of or change interest in any dwelling, such solicitation or attempted solicitation being publicly broadcast on television or radio or placed in a news paper or magazine of general distribution.
(3) Any solicitation or attempted solicitation to sell, lease, rent, move from or otherwise dispose of or change interest in any dwelling or other property for the purpose of acquiring tracts of real property for the purpose of residential, commercial, industrial or recreational development.
(4) Any solicitation or attempted solicitation to sell, lease, rent, move from or otherwise dispose of or change interest in any dwelling or other property whose owner or occupant has listed or advertised such property for sale or rent.
(Ord. No. 803, § 7, 5-2-90)
Sec. 12-32. Steering for the sale or rental of dwellings un lawful.
It shall be unlawful for any real estate corporation, partner ship, firm or association or for any person acting as a real estate agent, salesman or broker, or for any agent, employee or person acting in their behalf to:
(1) Influence or attempt to influence any person who represents himself to be a prospective purchaser, occupant or tenant of a dwelling to refrain from purchasing or renting a dwelling by referring to race, sex, color, religion, national origin, age, ancestry, handicap or familial status of occupants or prospective occupants or other dwellings in the neighborhood.
(2) Discriminate against any person who represents himself to be a prospective seller, purchaser, occupant, landlord or tenant of a dwelling by any influence, suggestion, act or failure to act, or accord any differential treatment among such persons, in connection with the sale or rental of a dwelling, or in the furnishing of information, services or facilities relative thereto, because of race, sex, color, religion, national origin, age, ancestry, handicap or familial status of any person.
(Ord. No. 803, § 8, 5-2-90)
Sec. 12-33. Penalty.
Any person violating any of the provisions of this article shall be punished as provided in section 1-9 of this Code.
(Ord. No. 803, § 9, 5-2-90)
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Chapter 13
LICENSES AND TAXATION*
Art. I. In General, §§ 13-1—13-25 Art. II. Sales Tax, §§ 13-26—13-45
Art. III. Gross Receipts Tax, §§ 13-46—13-175
Div. 1. Generally, §§ 13-46—13-70
Div. 2. Gas Service, §§ 13-71—13-90
Div. 3. Electricity, §§ 13-91—13-110
Div. 4. Water, §§ 13-111—13-130
Div. 5. Exchange Telephone Service, §§ 13-131—13-150 Div. 6. Telegraph Service, §§ 13-151—13-175
Art. IV. Advertising, §§ 13-176—13-200
Art. V. Business, Occupational Licenses, §§ 13-201—13-490
Div. 1. Generally, §§ 13-201—13-230
Div. 2. Merchants, §§ 13-231—13-260
Div. 3. Manufacturers, §§ 13-261—13-290
Div. 4. Patrol Service, §§ 13-291—13-315
Div. 5. Employment Agencies, §§ 13-316—13-340 Div. 6. Real Estate Brokers, §§ 13-341—13-365 Div. 7. Motor Fuel Dealers, §§ 13-366—13-390 Div. 8. Pawnbrokers, §§ 13-391—13-420
Div. 9. Junk, Salvage Yards, §§ 13-421—13-445
Div. 10. Repairing Motor Vehicles, §§ 13-446—13-465 Div. 11. Wrecking Buildings, §§ 13-466—13-490
Art. VI. Dance Halls, §§ 13-491—13-550
Div. 1. Generally, §§ 13-491—13-520
Div. 2. License, §§ 13-521—13-550
Art. VII. Amusement, Vending Machines, §§ 13-551—13-595
Div. 1. Generally, §§ 13-551—13-570
Div. 2. License, §§ 13-571—13-595
Art. VIII. Emergency Alarm Systems, §§ 13-596—13-740
Div. 1. Generally, §§ 13-596—13-615
Div. 2. Alarm Equipment Suppliers, §§ 13-616—13-635
Div. 3. Signaling Devices and Automatic Dialing Devices, §§ 13- 636—13-655
*Cross references—City treasurer, § 2-261 et seq.; alcoholic beverages, Ch. 3; intoxicating liquor license, § 3-46 et seq.; nonintoxicating beer license, § 3-111 et seq.; building occupancy permit, § 5-26 et seq.; food and food handlers, Ch. 10; housing, Ch. 11; mobile homes and similar structures, Ch. 14; permit required for tourist camps, § 14-28; solid waste collection permits required, § 19-96 et seq.; permit required for street and sidewalk excavations, § 20-31 et seq.; motor vehicle driver’s license required, § 21-12; state registration of motor vehicles required,
§ 21-13; motor vehicle licenses § 21-161 et seq.; vehicles for hire, Ch. 22.
State law references—Authority to impose license taxes on certain businesses, RSMo 94.110; imposition of tax on businesses limited, RSMo 71.610.
Div. 4. Local Alarms, §§ 13-656—13-680
Div. 5. Emergency Alarm Installations, §§ 13-681—13-700 Div. 6. False Alarms Service Charge, §§ 13-701—13-720 Div. 7. Schedule of Fees, §§ 13-721—13-740
Art. IX. Peddlers, §§ 13-741—13-781
Div. 1. Generally, §§ 13-741—13-765
Div. 2. Permit, §§ 13-766—13-781
ARTICLE I. IN GENERAL
Sec. 13-1. Lot clearing trust fund.
(a) The city is hereby authorized to erect and maintain within the city signs describing the names of those business enterprises donating funds for the erection and maintenance of such signs as provided for in this section.
(b) The city is hereby authorized to receive and accept any and all donations offered in connection with the erection and maintenance of such signs, and the mayor is hereby authorized to designate the number and sizes of such signs, the number and sizes of the designations thereon and the minimum donations required for insertion upon such signs of the names of any business.
(c) All sums received as and for donations relating to the erection and maintenance of such signs shall be deposited into a separate fund account to be established solely and exclusively for such fund. The city is hereby authorized to establish any and all necessary bank accounts required for such fund account and the funds from such account shall be used only for the erection and maintenance of the aforesaid signs and for the cleaning of vacant lots and boarding of vacant buildings in the city, and for all administrative expenses required in connection with such uses. (Ord. No. 786, §§ 1—3, 4-19-89)
Sec. 13-2. Tax abatement.
(a) Generally. The ad valorem tax abatement for qualified businesses which meet the criteria set forth in RSMo 135.215.3, as amended, and identified as properties used for assembling, fabricating, processing, manufacturing, mining, warehousing or distribution uses within the designated enterprise zone of the city shall be fifty (50) percent for each year of eligibility, not to exceed ten (10) years or the life of the zone.
(b) Other businesses. The ad valorem tax abatement for qualified businesses which meet the criteria set forth in RSMo 135.215.1, as amended, and identified as properties used for “other business” within the designated enterprise zone of the city shall be fifty (50) percent for each year of eligibility, not to exceed ten (10) years or the life of the enterprise zone.
(c) Job creation. The term “other business” shall mean service- related businesses that create fifty (50) new jobs and maintain the jobs for each year that the tax abatement is in effect. It is further provided that new jobs provide an average employment of at least thirty-five (35) hours per week.
(d) Job affidavits. Qualified other businesses shall provide an affidavit to the city no later than the last day of February following each year the tax abatement is in effect certifying that at least fifty (50) new jobs were created for the first year of qualification and have provided an average of at least thirty-five
(35) hours of employment per week and have been continuously maintained for the previous year.
(e) Federal empowerment zone designation. Notwithstanding any provision of law to the contrary, “retail businesses” and “recreational facilities” (both as provided in RSMo 135.247.3, as amended) shall be eligible for all benefits provided pursuant to the provisions of RSMo 135.200—135.256, as amended, if the requirements of RSMo 135.247.3, as amended, are met. For purposes of qualifying for benefits pursuant to RSMo 135.200— 135.256, as amended, recreational facilities shall not include an excursion gambling boat or an excursion gambling boat and docking facility as provided in RSMo 135.247.4, as amended. (Ord. No. 968, §§ 1—5, 12-1-99)
Secs. 13-3—13-25. Reserved.
ARTICLE II. SALES TAX
Sec. 13-26. Levied.
A sales tax at the rate of one (1) percent on the receipts from the sale at retail of all tangible personal property and taxable ser vices at retail within the city is hereby levied and imposed upon all persons selling or furnishing tangible personal property or rendering services for the privilege of engaging in the business of selling tangible personal property or rendering taxable services at retail in the city.
(Code 1980, § 14-16)
Sec. 13-27. Statutory authority.
The tax provided for in this article is imposed to the extent and in the manner provided in RSMo 144.010 to 144.510, and the rules and regulations of the director of revenue of the state issued pursuant thereto.
(Code 1980, § 14-17)
Sec. 13-28. Disposition of revenue.
All revenues collected and received by the city from the tax imposed by this article shall be deposited in the city treasury to the credit of the general revenue fund.
(Code 1980, § 14-18)
Sec. 13-29. When effective.
The tax provided for in this article shall be in effect when a proposal to authorize the city council to impose a city sales tax at the rate of one (1) percent is approved by a majority of the votes cast by the qualified voters of the city voting thereon and as provided in House Committee Substitute For House Bill No. 243 of the 75th General Assembly of the State of Missouri.
(Code 1980, § 14-19)
Editor’s note-The sales tax was approved by the qualified voters of the city at a special election thereon June 16, 1970, and accepted by Ordinance Number 244, enacted June 17, 1970.
Sec. 13-30. Participation in county sales tax.
Pursuant to the option granted by RSMo 66.620, the city hereby elects to cease to be a part of group A and elects to be a part of group B.
(Code 1980, § 14-20)
Secs. 13-31-13-45. Reserved.
ARTICLE III. GROSS RECEIPTS TAX
DIVISION 1. GENERALLY
Secs. 13-46-13-70. Reserved.
DIVISION 2. GAS SERVICE
Sec. 13-71. Definition.
As used in this division, the term “gross receipts” means the aggregate amount of all sales and charges of the commodities or services hereinabove described in the city during any period, less discounts, credits, refunds, sales truces, and uncollectible accounts actually charged off.
(Ord. No. 618, § 1, 6-16-82)
Cross reference-Definitions and rules of construction generally,§ 1-2.
Sec. 13-72. Tax imposed.
Every person engaged in the business of selling, distributing and supplying natural, artificial or mixed natural and artificial gas for heating, lighting, power and refrigeration in the city shall pay the city, as a license true, a sum equal to five (5) percent of the gross receipts from such business.
(Code 1980, § 14-42; Ord. No. 618, § 1, 6-16-82)
Sec. 13-73. Statement of gross receipts.
Commencing February 1, 1988, every person engaged in the business of selling, distributing and supplying gas, gas power or gas service in the city shall file, on the first day of each month, a sworn statement indicating the gross receipts from the transaction of such business for the preceding month. The tax on the gross receipts for each month shall be due and payable on the first day of the following month. Such statements and payments shall be filed with the city clerk.
(Code 1980, § 14-43; Ord. No. 756, § 2, 2-3-88)
Sec. 13-74. Tax in lieu of other taxes.
The tax required to be paid by the provisions of this division shall be in lieu of any other excise, license or occupation tax on any person engaged in the business described in this division; provided, that nothing herein contained shall be construed as to exempt any such person from the payment to the city of the tax which the city levies upon any real or personal property be longing to any such person.
(Code 1980, § 14-44)
Secs. 13-75-13-90. Reserved.
DIVISION 3. ELECTRICITY
Sec. 13-91. Tax imposed.
Every person engaged in the business of selling, distributing and supplying electricity, electrical power or electrical service for compensation in the city shall pay the city, as a license tax, a sum equal to five (5) percent of the gross receipts from such business. (Code 1980, § 14-51; Ord. No. 750, § 5, 11-18-87)
Sec. 13-92, Statement of gross receipts.
Every person engaged in the business of selling, distributing and supplying electricity, electrical power or electrical service in the city shall file, on the first day of each month, a sworn state ment indicating the gross receipts from the transaction of such business for the preceding month. The tax on the gross receipts for each month shall be due and payable on the first day of the following month. Such statements and payments shall be filed with the city clerk.
(Code 1980, § 14-52; Ord. No. 758, § 2, 2-3-88)
§ 13-93 WELLSTON CODE
Sec. 13-93. Tax in lieu of other taxes.
The tax required to be paid by the provisions of this division shall be in lieu of any other excise, license or occupation tax on any person engaged in the business described in this division; provided, that nothing herein contained shall be so construed as to exempt any such person from the payment to the city of the tax which the city levies upon any real or personal property be longing to any such person.
(Code 1980, § 14-53)
Secs. 13-94-13-110. Reserved.
DMSION 4. WATER
Sec. 13-111. Tax imposed.
Every person engaged in the business of furnishing water service in the city shall pay to the city, as a license or occupational tax, a sum equal to five (5) percent of the gross receipts derived from such business within the city.
(Code 1980, § 14-61)
Sec. 13-112. Statement of gross receipts.
Commencing February 1, 1988, every person engaged in the business of furnishing water service in the city shall, on the first day of each month, file a sworn statement indicating the gross receipts from the transaction of such business for the preceding month. The tax on the gross receipts for each month shall be due and payable on the first day of the following month. Such state ments and payments shall be filed with the city clerk.
(Code 1980, § 14-62; Ord. No. 755, § 2, 2-3-88)
Secs. 13-113-13-130. Reserved.
DMSION 5. EXCHANGE TELEPHONE SERVICE
Sec. 13-131. Tax levied.
Every person engaged in the business of furnishing exchange telephone service in the city shall pay the city, as a license or occupational tax, five (5) percent of the gross receipts derived from such business within the city.
(Code 1980, § 14-71)
Sec. 13-132. Statement of gross receipts.
Commencing February 1, 1988, every person engaged in the business of furnishing exchange telephone service in the city shall file, on the first day of each month, a sworn statement indicating the gross receipts from the transaction of such business for the preceding month. The tax on the gross receipts for each month shall be due and payable on the first day of the following month. Such statements and payments shall be filed with the city clerk. (Code 1980, § 14-72; Ord. No. 757, § 2, 2-3-88)
Sec. 13-133. Changing height of wires.
All persons mentioned in section 13-131, on the request of any person, shall remove or raise or lower its wires temporarily to permit the moving of houses or other bulky structures. The expense of such temporary removal, raising or lowering of wires shall be paid by the party or parties requesting such raising or lowering of wires, and payment in advance may be required. Not less than forty-eight (48) hours’ advance notice shall be given to arrange for such temporary wire changes.
(Code 1980, § 14-73)
Sec. 13-134. Trimming vegetation.
The right is hereby granted to all persons coming under the provisions of this division to trim trees, brush or hedges upon and overhanging the streets, alleys, sidewalks and public places of the city, so as to prevent such foliage from coming in contact with telephone wires and cables. All of such trimming shall be done under the supervision and direction of the city council or of any city official to whom such duties have been or may be delegated. (Code 1980, § 14-74)
Secs. 13-135-13-150. Reserved.
DIVISION 6. TELEGRAPH SERVICE
Sec. 13-151. Tax imposed.
Every person engaged in the business of supplying or furnishing telegraph service in the city shall pay to the city as a license or occupational tax five (5) percent of the gross receipts derived from such business within the city.
(Code 1980, § 14-81)
Sec. 13-152. Statement of gross receipts.
Every person coming under the provisions of this division is hereby required to file with the city clerk on or before February 15, 1954, a sworn statement showing the gross receipts derived from the transaction of such business in the city from June 3, 1953 until December 31, 1953; and thereafter, on or before the fifteenth day of August and fifteenth day of February of each year, a sworn statement showing the gross receipts derived from such business for the previous six-month period ending June thirtieth and December thirty-first respectfully.
(Code 1980, § 14-82)
Sec. 13-153. Investigation of statement.
The city clerk or any auditor employed by the city shall be and are hereby authorized to investigate the correctness and accuracy of the statement filed under the provisions of this division and for that purpose shall have access at all reasonable times to the books, documents, papers and records of any person making such return in order to ascertain the accuracy thereof.
(Code 1980, § 14-83)
Sec. 13-154. In lieu of other taxes.
The tax required to be paid by the provisions of this division shall be in lieu of any other excise, license or occupation tax on any person engaged in the business described in this division; provided, that nothing herein contained shall be so construed as to exempt any such person from the payment to the city of the tax which the city levies upon any real or personal property belonging to any such person.
LICENSES AND TAXATION § 13-176
(Code 1980, § 14-84)
Sec. 13-155. Raising, lowering wires.
The telegraph company, on the request of any person, shall remove or raise or lower its wires temporarily to permit the moving of houses or other structures. The expense of such temporary removal, raising or lowering of wires shall be paid by the party or parties requesting the same, and the company may require such payment in advance. The company shall be given not less than forty-eight (48) hours’ advance notice to arrange for such temporary wire changes.
(Code 1980, § 14-85)
Sec. 13-156. Trimming trees.
Permission is hereby granted to the telegraph company to trim trees upon and overhanging streets, alleys, sidewalks and public places of the city so as to prevent the branches of such trees from coming in contact with the wires and cables of the company. All such trimming shall be done under the supervision and direction of any city official to whom such duties have been or may be delegated.
(Code 1980, § 14-86)
Secs. 13-157-13-175. Reserved.
ARTICLE IV. ADVERTISING
Sec. 13-176. Posting generally.
No person shall post any bills, signs, posters or advertisements on any buildings, fences, poles or other property belonging to another without the consent of the owner thereof.
(Code 1980, § 3-1)
Sec. 13-177. False, bait advertising.
(a) A person commits an offense under this article if he commits false advertising, which is committed if, in connection with the promotion of the sale of, or to increase the consumption of, property or services, he recklessly makes or causes to be made a false or misleading statement in any advertisement addressed to the public or to a substantial number of persons.
(b) A person commits an offense under this article if he commits bait advertising, which is committed if he advertises in any manner the sale of property or services with the purpose not to sell or provide the property or services:
(1) At the price which he offered them; or
(2) In a quantity sufficient to meet the reasonably expected public demand, unless the quantity is specifically stated in the advertisement; or
(3) At all. (Code 1980, § 3-2)
State law reference-Similar provisions, RSMo 570.160, 570.170.
Sec. 13-178. Signs, banners across streets.
No person shall erect or place any sign or banner of wood, cloth, metal or other material across any street or sidewalk in the city without permission of the mayor.
(Code 1980, § 3-3)
Sec. 13-179. Destroying lawful posters.
It shall be unlawful for any person to wrongfully and maliciously tear down, deface or cover up any posted advertisement or bill of any person when the same is lawfully posted and put up and during the time such sign or advertisement shall be of value. (Code 1980, § 3-4)
Sec. 13-180. Marking on streets, sidewalks prohibited.
It shall be unlawful for any person to advertise, or attempt to advertise, by marking or painting on any of the streets or side walks within the city.
(Code 1980, § 3-5)
LICENSES AND TAXATION § 13-201
Sec. 13-181. Civic, etc., signs in public rights-of-way.
Signs, banners, billboards and similar structures and objects directly relating to charitable, historical, religious or other civic services and nonprofit activities may be installed in the public rights-of-way upon a permit issued by the mayor.
(Code 1980, § 3-6)
Sec. 13-182. Sound vehicles restricted.
It shall be unlawful for any person to advertise any goods, wares or merchandise of any kind by the use of any amplifying equipment used by or mounted on any vehicle.
(Code 1980, § 3-7)
Sec. 13-183. Stickers.
It shall be unlawful for any person to attach any gummed sticker to any vehicle within the city without the consent of the owner of such vehicle.
(Code 1980, § 3-8)
Secs. 13-184-13-200. Reserved.
ARTICLE V. BUSINESS, OCCUPATIONAL LICENSES
DIVISION 1. GENERALLY
Sec. 13-201. Amount levied.
There is hereby levied a license fee upon the privilege of engaging in any named business, vocations, avocations, and/or occupations within this city in the amount of one hundred twenty-five dollars ($125.00) with the exceptions of the following occupations:
Amusement parks ………………………. $500.00
Auto body ……………………………… $150.00
Auto repair …………………………….. $150.00
Automobile sales ………………………… $200.00
Banks…………………………………. 200.00
Barber shops …………………………… 150.00
Beauty parlors………………………….. 150.00
Billboards ……………………………… 350.00
Blacksmith …………………………….. 150.00
Brokers, real estate ……………………… 200.00
Canvassers, per week ……………………. 50.00
Circus, carnivals, street fairs, parades (profit or not) ………………………………. 200.00
Dairies ………………………………… 200.00
Dance halls…………………………….. 400.00
Funeral homes or embalming ……………… 300.00
General contractors ……………………… 150.00
Hotels/motels …………………………… 200.00
Laundries, self-service ……………………. 150.00
Laundry, plants …………………………. 300.00
Loan companies …………………………. 450.00
Magazine distributors ……………………. 500.00
Moving and storage companies …………….. 150.00
Museums………………………………. 150.00
Pawn shops . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200.00
Peddlers 300.00 plus
bond
Pool/Billiards room, per table ……………… 75.00
Specialty contractors …………………….. 150.00
Storage license …………………………. 125.00
Tow license, per truck ……………………. 125.00
Trailer courts, per space ………………….. 12.00
Vendors license, per machine . . . . . . . . . . . . . . . . . . 70.00
(Code 1980, § 14-98; Ord. No. 762, § 2, 5-4-88; Ord. No. 850, §§ 1,
2, 11-4-92; Ord. No. 907, § 1, 12-21-95)
Sec. 13-202. Unenumerated businesses.
Any person who shall enter or engage in any business or occupation for which no license or permit has been provided for by this Code or under an existing ordinance at the time when such business or occupation is started or engaged in shall apply to the city council for a special license or permit to do so under such rules or requirements as may be laid down by the city clerk and shall not enter or engage in such business or occupation until the city council by vote at a regular meeting shall authorize and direct the mayor and the city clerk to issue such special permit. (Code 1980, § 14-99)
Sec. 13-203. Penalty.
Any person who shall exercise or attempt to exercise, engage in or carry on any businesses, trades or occupations, as defined in this article, in the city without first having paid the license fee herein provided for and without first having obtained the license prescribed therefor, shall upon conviction, be deemed guilty of a misdemeanor, and shall be punished as provided in section 1-9 of this Code.
(Code 1980, § 14-100)
Sec. 13-204. When due.
The license taxes levied by the provisions of this article shall be due and payable during the first week of January of any calendar year or within one (1) week after the commencement of business if the business is commenced at any time after the first week in January of the calendar year. No license for any part of a calendar year shall be issued for less than the full amount of the tax levied by this article.
(Code 1980, § 14-101)
Sec. 13-205. Debtors of city.
No license or permit provided for or required under any
ordinance of the city shall be issued by any person or department thereof to any person until all use taxes, personal taxes, mer chants’ or manufacturers’ taxes, license fees, permit fees and inspection fees, which are delinquent and due and owing to the city, shall have first been paid by the applicant for such license or permit and, as to future years, no license or permit shall be issued for such future years until all delinquent taxes and fees for each succeeding year shall have first been paid and receipts for all such taxes and fees exhibited to the person or department issuing such license or permit.
(Code 1980, § 14-102)
Sec. 13-206. Exceptions.
Driver’s licenses, dog licenses, dog registrations, bicycle li censes and bicycle inspections, as well as auctioneers not maintaining a business office in the city, real estate brokers not maintaining a business office in the city, medical doctors, surgeons, dentists, osteopaths, chiropractors, lawyers, engineers who do not maintain an office in the city, public accountants, certified public accountants, and architects who do not maintain an office in the city, are hereby excepted from the provisions of this article.
(Code 1980, § 14-103)
Sec. 13-207. Merchants, manufacturers.
Merchants, as defined in section 13-231, and manufacturers as defined in section 13-261, are hereby specifically exempted from the provisions of this article; provided, however, that they be not also engaged in any business, vocation, avocation, and/or occupation not specifically contemplated by the provisions of such ordinances, otherwise, this article shall apply and licenses must be obtained for the privilege of carrying on such businesses, vocations, avocations, and occupations in addition to such merchant’s license.
(Code 1980, § 14-104)
Sec. 13-208. Intoxicating liquors not authorized.
Nothing contained in the provisions of this article shall be construed as authorizing any person to sell intoxicating liquors by virtue of such license.
(Code 1980, § 14-105)
Sec. 13-209. Rules, regulations.
It shall be the duty of the city clerk to establish and promulgate rules and regulations relative to an orderly method administering the provisions of this article.
(Code 1980, § 14-106)
Sec. 13-210. Issuance.
Upon payment of the license fee required by the provisions of this article, the city clerk shall issue a license to the applicant for the particular business, vocation, avocation and/or occupation applied for.
(Code 1980, § 14-107)
Sec. 13-211. License book.
The blank license forms shall be bound in book form, with suitable margins or stubs, on which shall be made and entered the sworn statement required by this article. There shall also be entered upon the margin or stubs, the amount of tax or license collected, in accordance with the statements so made, such margins or stubs shall be returned, with the clerk’s statements of the items and aggregate amount collected to the clerk.
(Code 1980, § 14-108)
Sec. 13-212. Separate license for separate locations.
The payment of the license tax specified herein and the issuance of the license herein provided for shall not be construed to permit the person to whom it shall be issued to carry on the business or occupation for which the license is obtained at more than one(1) store, place or stand at the same time within the city; but a separate license and a similar fee shall be charged for each store, place or stand within the city.
(Code 1980, § 14-109)
Sec. 13-213. Transfer.
Any license issued under the provisions of this article shall not
be transferable or assignable to any other person. (Code 1980, § 14-110)
§ 13-214 WELLSTON CODE
Sec. 13-214. Expiration.
Licenses issued under the provisions of this article shall expire on the thirty-first day of December next following the date of issuance thereof.
(Code 1980, § 14-111)
Sec. 13-215. Suspension, revocation.
Any license or permit issued under the provisions of this article or any other provision of this Code may be suspended or revoked by the mayor and council for the violation by the licensee or permittee of any applicable provision of this Code, state law or city ordinance, rule or regulation, with or without notice or hearing. In the case of revocation, the licensee or permittee shall not be entitled to a return of the unearned license fee.
(Code 1980, § 14-112)
Secs. 13-216-13-230. Reserved.
DIVISION 2. MERCHANTS*
Sec. 13-231. Definition.
Whoever shall deal in the sale of any goods, wares or merchandise at any store, stand or place occupied for that purpose within the city, is hereby declared to be a merchant, except as is, or may be otherwise provided by this Code or city ordinance.
(Code 1980, § 14-121)
Cross reference-Definitions and rules of construction generally, § 1-2.
Sec. 13-232. License required.
Every merchant shall, before doing or offering to do business as such, procure from the city clerk a license therefor.
(Code 1980, § 14-122)
*State law references-Merchants’ tax, RSMo 94.080, 150.010 et seq.;
manufacturer included in definition of merchant, RSMo 150.020.
Sec. 13-233. Statement of sales.
The city clerk shall after the first Monday in October and before the first Monday of December of each year, call on each person defined by this article to be a merchant and notify them to furnish, and it shall be the duty of such person, whether so notified or not, to furnish the clerk, a statement of the aggregate amount of all sales made by him during the year next preceding the first Monday of December, which statement shall be made in writing and delivered to the clerk, verified by the affidavit of the merchant or officer of the corporation making it, ifresiding in the city, if not then by some credible person duly authorized to do so. (Code 1980, § 14-123)
Sec. 13-234. Amount of fee.
There shall be levied and collected by the city clerk as a merchant’s license fee under the provisions of this division two dollars ($2.00) on each one thousand dollars ($1,000.00) or fractional part thereof on all gross sales made by such merchant, mercantile firm or corporation at each store, stand or place occupied by him for that purpose within the city; provided, however, that in no case shall the merchant’s license tax be less than seventy-five dollars ($75.00), regardless of the amount of gross sales.
(Code 1980, § 14-124; Ord. No. 908, § 1, 12-21-95)
Sec. 13-235. When due.
The tax and license due under the provisions of this division shall be paid to the city clerk at his office on or before the first Monday of January of each year.
(Code 1980, § 14-125)
Sec. 13-236. Adjusted return.
At the close of the first year and of each succeeding calendar year, and upon application for a renewal license for the then current calendar year, each merchant shall in addition to the statement of the aggregate amount of all sales made by him during the preceding year shall be required to make an adjusted return for the preceding calendar year or fraction thereof showing the actual sales hereinabove defined made during such preceding calendar year or fraction thereof, the tax due thereon and the amount of tax previously paid. If such adjusted return shall show that he shall have overpaid his tax, he shall be entitled to a refund and/or to a credit on his tax for the then current calendar year; but if such return shall show that he shall have underpaid his tax he shall pay the additional tax due forthwith. It is the intent and purpose of this section that each such merchant shall pay a merchant tax for each calendar year, or portion thereof, that this division is in effect on his business, measured by the actual sales made by such merchant during such calendar year, or portion thereof.
(Code 1980, § 14-126)
Sec. 13-237. New businesses during license year.
When any merchant, mercantile firm or corporation shall commence business in the city after the first Monday in January, in any year, he shall take out a merchant’s license therefor. Before any such license shall be issued to such merchant, he shall execute a bond to the city, with two (2) or more sufficient securities, who shall be freeholders at the time, or deposit with the city clerk, securities, conditioned that he will on or before the first Monday of January next following, furnish to the clerk, a statement verified as required by this division of the aggregate amount of all sales made by him or them between the date upon which he or they commenced business and the first Monday of December next succeeding; and that he or they will pay to the clerk the license tax according to the provisions of this division, which securities shall be in such sums as the clerk may deem sufficient to protect the city’s interests, and shall be approved by him, and his approval endorsed thereon. Upon such statements there shall be paid the same rate of taxes and license as other merchants pay, but the amount of tax demanded shall be such a fraction of the full tax as the date on which the business was commenced to the first Monday of January next succeeding bears to one (1) year, and every such merchant, mercantile firm or corporation who shall fail or neglect to perform or fulfill the conditions of the bond executed by him or them, as herein provided, shall be deemed to have forfeited such bond, and it shall be the duty of the clerk to cause suit to be instituted thereon against the principals and all such sureties or securities of such bond in the court having competent jurisdiction, or make a sale of the securities deposited with him instead of a bond, at public sale, after having given ten (10) days’ notice thereof in a newspaper of general circulation in the county.
(Code 1980, § 14-127)
Sec. 13-238. Transfer.
No license required by the provisions of this division shall be assignable or transferable.
(Code 1980, § 14-128)
Sec. 13-239. Records.
It shall be the duty of each merchant, mercantile firm or corporation, to keep a proper book, and enter in ink an account of all sales made by him or them, which account shall always be open to the inspection of the city clerk, to verify the returns made by him. The statements or returns made to the clerk under the requirements of this section, shall not be made public, nor shall be subject to the inspection of any person except the mayor and members of the city council.
(Code 1980, § 14-129)
Sec. 13-240. Penalties.
In case any person, mercantile firm or corporation shall fail, neglect or refuse to deliver the statements herein required, and pay the tax and license levied by this article on or before the first Monday in January of each year, he or they shall be deemed guilty of a misdemeanor and, upon conviction, shall be as provided in section 1-9 of this Code; and in addition thereto, the city clerk shall assess the aggregate amount of sales of such merchant, firm or corporation, at double their aggregate value, to be ascertained by the best information he can obtain, and he shall also report the delinquent to the city attorney.
(Code 1980, § 14-130)
Sec. 13-241. Ad valorem tax.
The city council shall have power to levy, and all merchants shall pay to the city clerk, an ad valorem tax equal to that which is levied upon real estate; the amount of which tax shall be determined and ascertained in the same way as the state and county tax is determined and ascertained. The collector shall have power to enforce the payment of such tax by seizure and sale, as in the collection of other taxes.
(Code 1980, § 14-131)
Secs. 13-242-13-260. Reserved.
DIVISION 3. MANUFACTURERS*
Sec. 13-261. Definition.
The term “manufacturer” as used in this article shall include every person who shall manufacture, hold or purchase personal property for the purpose of adding to the value thereof, by any process of manufacturing, refining, or by the combination of different materials.
(Code 1980, § 14-138)
Cross reference-Definitions and rules of construction generally, § 1-2.
Sec. 13-262. Tax levied.
There is hereby levied a license tax upon the privilege of engaging, within the limits of the city, in the business of a manufacturer subject to the provisions, limitations and restrictions provided in this article.
(Code 1980, § 14-139)
Sec. 13-263. Application.
(a) It shall be the duty of every manufacturer within the city to make application to the city clerk for a license required by the provisions of this division after the first Monday of January in each year and before the first Monday in March in each year.
(b) In each application, or renewal thereof, the applicant shall furnish to the city clerk a sworn statement estimating the aggregate dollar value of all goods manufactured or made by him within the city during the current calendar year; provided, however, that there shall be excluded from such sworn statement the estimated dollar value of all articles manufactured in whole or in part outside the city.
(c) At the time of filing such sworn statement, each manufacturer shall pay a tax thereon as herein provided.
(Code 1980, § 14-140)
Sec. 13-264. Amount levied.
There shall be levied and collected by the city clerk, as provided in this article, as a manufacturer’s license fee for each calendar year or portion thereof, on the aggregate value of goods manufactured or made by such manufacturer, as hereinabove computed, a fee as follows:
(1) First $50,000.00 or fraction thereof …….. $150.00
(2) In excess of $50,000.00 to $500,000.00 or
fraction thereof, per $1,000.00…………. 3.00
(3) In excess of $500,000.00 to $5,000,000.00 or
fraction thereof, per $1,000.00…………. 2.50
(4) In excess of $5,000,000.00 to $10,000,000.00 or fraction thereof, per $1,000.00 ……….2.00
(5) In excess of $10,000,000.00, per $1,000.00. . 1.50
(Code 1980, § 14-141; Ord. No. 764, § 2, 5-4-88; Ord. No. 909, § 1,
12-21-95)
Sec. 13-265. When due.
The tax and license due under the provisions of this division shall be paid to the city clerk at his office on or before the thirty-first day of March of each year.
(Code 1980, § 14-142)
Sec. 13-266. Renewal.
Every application for a renewal of a license required by the provisions of this division shall be filed on or before the thirty first day of March in each year.
(Code 1980, § 14-143)
§ 13-267 WELLSTON CODE
Sec. 13-267. Adjusted return.
(a) At the close of the first year and of each succeeding calendar year, and upon application for a renewal license for the then current calendar year, each manufacturer shall, in addition to the estimate required for the then current calendar year, make an adjusted return for the preceding calendar year, or fraction thereof, showing the actual value of goods made during such preceding calendar year or fraction thereof, the tax due thereon and the amount of tax previously paid.
(b) If such adjusted return shall show that he shall have overpaid his tax, he shall be entitled to a refund or to a credit on his tax for the then current calendar year.
(c) If such return shall show that he shall have underpaid his tax, he shall pay the additional tax due forthwith.
(d) It is the intent and purpose of this section that each such manufacturer shall pay a license tax for each calendar year, or portion thereof, that this division is in effect or he is in business, measured by actual value of goods manufactured or made by such manufacturer during such calendar year, or portion thereof.
(e) Each such statement or return, with computation of the tax due thereon, shall be made in writing and delivered to the clerk, verified by affidavit of the manufacturer, or an officer or agent of the manufacturer thereunto duly authorized.
(Code 1980, § 14-144)
[The next page is 773]
Sec. 13-268. New business during license year.
(a) It shall be the duty of any person who shall engage in the business of a manufacturer for the first time during any year, at the time of applying for a license, to pay to the city clerk, the minimum license for the particular business, and shall, before the end of the month of January next after which he commences such business, comply with all other provisions of this division.
(b) If the aggregate dollar value of all goods made during the portion of the year next immediately preceding the first day of January which manufactured by him in the city shall exceed the sum of fifty thousand dollars ($50,000.00), then such manufacturer shall pay to the city clerk such an additional amount, computed and determined according to the rates set out in this division as may be applicable to such aggregate amount.
(c) If any manufacturer who shall have furnished the sworn statement of the dollar value of all goods made by him, in the year next preceding the issuance to him of the license, for the current year and shall have paid a license under this division shall thereafter at the end of such current year, show, by a sworn statement, that the dollar value of all goods manufactured or made by him were less than the amount specified in this division, then such manufacturer shall be entitled to a refund, of the excess tax paid, or a credit on the amount due for a license for the next succeeding year.
(d) The refunds or credits provided for herein, shall also apply to any manufacturer coming within the purview of this division and the refunds or credits shall be given or allowed according the proportionate rates provided for in section 13-264.
(Code 1980, § 14-145)
Sec. 13-269. Records.
It shall be the duty of each person subject to the provisions of this division to keep a proper book and enter in ink an account of the dollar value of all goods made by him, which account shall always be open to the inspection of the city clerk to verify the returns made by him. The statements or returns made to the city clerk under the requirements of this article, shall not be made public, nor shall they be subject to the inspection of any person, except the mayor, city clerk or members of the city council. (Code 1980, § 14-146)
Sec. 13-270. Transfer.
No license issued under the provisions of this division shall be transferable to any other person.
(Code 1980, § 14-147)
Sec. 13-271. Penalties.
The failure of any manufacturer to comply with the provisions of this division shall be deemed an offense and, upon conviction, shall be punished as provided in section 1-9 of this Code; and in addition thereto, the city clerk shall assess a tax against such manufacturer at double the dollar value of the goods manufactured by him, to be ascertained by the best information the clerk can obtain, and he shall report such delinquency to the city attorney.
(Code 1980, § 14-148)
Sec. 13-272. Ad valorem tax.
The city council shall have power to levy, and all manufacturers shall pay to the city clerk, an ad valorem tax equal to that which is levied upon real estate; the amount of which tax shall be determined and ascertained in the same way as the state and county tax is determined and ascertained. The collector shall have power to enforce the payment of such tax by seizure and sale, as in the collection of other taxes.
(Code 1980, § 14-149)
Secs. 13-273-13-290. Reserved.
DIVISION 4. PATROL SERVICE
Sec. 13-291. Definition.
For the purpose of this division the words “patrol service” and “patrol system” shall be deemed to be any service or system which purports to furnish or does furnish to members or subscribers for a consideration, or otherwise, any watchman or guard, either uniformed or otherwise, to patrol any district in the city, or to guard or watch any property, or to perform any service usually and customarily performed by the regular patrolmen of the police department of the city. Patrol service and patrol system shall also include the performance by any person of guard duty at a public function while wearing a type of uniform which would indicate that such person is a peace officer.
(Code 1980, § 14-153)
Cross reference-Definitions and rules of construction generally, § 1-2.
Sec. 13-292. License required.
It shall be unlawful for any person either as principal or agent, to engage in the business of conducting or maintaining, or solic iting business for any patrol service or system without first ob taining a license from the city council therefor, and without paying the required annual license fee.
(Code 1980, § 14-154)
Sec. 13-293. Applications.
Before any person shall engage in the business of conducting or maintaining any patrol service or system in the city, he shall make an application in writing to the city council for a license to engage in such business, and describe therein the district in which he shall desire to operate.
(Code 1980, § 14-155)
Sec. 13-294. Fee.
The fee for a license required by the provisions of this division shall be as provided in section 13-201.
(Code 1980, § 14-156)
Sec. 13-295. Investigation.
The application for a license required by the provisions of this division shall be referred to the chief of police who shall make an investigation into the character of the applicant and the condition of police protection prevailing within the district designated in the application. Within seven (7) days of receipt of such application, the chief of police shall report thereon to the city council. (Code 1980, § 14-157)
Sec. 13-296. Issuance, denial.
Upon receiving the report of the chief of police, the council shall grant or deny the applicant for a license required by this division permission to engage in such business; and such permission shall be granted unless it shall appear from such report of the chief of police that the applicant is not a person of good moral character or has not a good character in respect to honesty and integrity, or that the district designated in any such application is already supplied with sufficient or ample police protection, by the city or by a patrol service or system, or both.
(Code 1980, § 14-158)
Sec. 13-297. Terms and conditions.
Any license granted by the council as provided in this division, shall be issued upon the following terms and conditions:
(1) The patrol service or patrol system shall be operated and conducted under the general supervision of the chief of police.
(2) The chief of police shall regulate the style of uniform, if any, to be used by the patrol system or patrol service.
(3) Any such permit and any license issued pursuant thereto may at any time be revoked by the city council for cause shown, after notice to the holder thereof and an opportu nity to be heard shall have been given.
(4) That the persons operating any patrol service or system in the city shall have complied with state statutes concerning private detective agencies.
(Code 1980, § 14-159)
Secs. 13-298-13-315. Reserved.
LICENSES AND TAXATION § 13-320
DMSION 5. EMPLOYMENT AGENCIES
Sec. 13-316. Definition.
For the purposes of this division, whosoever shall open or keep an office or place in the city for the purpose of obtaining employment for others, or obtaining employees for others, or giving in formation whereby employers or employees may be obtained for a compensation to be paid by either party, shall be deemed to be the keeper of an employment office or employment bureau.
(Code 1980, § 14-166)
Cross reference-Definitions and rules of construction generally, § 1-2.
Sec. 13-317. License required.
No person shall keep an employment office in the city without a license therefor first obtained from the city clerk.
(Code 1980, § 14-167)
Sec. 13-318. Application.
Each application for a license required by the provisions of this division shall be in writing and shall state where the proposed employment office shall be located.
(Code 198 § 14-168)
Sec. 13-319. Police endorsement.
No license shall be issued under the provisions of this division until the city clerk has received from the police department an endorsement on the back of the application to the effect that, in their opinion the applicant is a person of good moral character. (Code 1980, § 14-169)
Sec. 13-320. Fee.
The fee for a license required by the provisions of this article shall be as provided in section 13-201.
(Code 1980, § 14-170)
Sec. 13-321. Bond.
The city clerk shall require with each application for a license required by the provisions of this division a bond in the penal sum of five hundred dollars ($500.00), payable to the city as obligee, executed by the applicant for the license and one (1) or more sureties to be approved by the mayor, and conditioned that the obligors therein shall not violate any of the duties, terms, conditions, provisions or requirements of this division. The mayor is hereby authorized to commence and prosecute actions on any such bond in the name of the city for any violation of this division or such bond.
(Code 1980, § 14-171)
Sec. 13-322. Issuance.
Upon compliance with the provisions of this division, the city clerk shall issue all licenses provided for by this division.
(Code 1980, § 14-172)
Sec. 13-323. Location restricted.
No license shall be issued for the maintenance of an employment office in any rooming house, boardinghouse or lodging house; except where such rooming house, boarding house orging house is, or is to be during the term of such license, maintained by a benevolent or fraternal order.
(Code 1980, § 14-173)
Sec. 13-324. Display of division.
Every person holding a license issued under the provisions of this division shall keep a copy of this division conspicuously posted in the office thereby licensed.
(Code 1980, § 14-174)
Secs. 13-325-13-340. Reserved.
LICENSES AND TAXATION § 13-345
DIVISION 6. REAL ESTATE BROKERS
Sec. 13-341. Definition.
Any person who purchases or sells improved or unimproved real estate for profit shall be deemed and shall be considered to be a real estate agent or broker within the meaning of this division. (Code 1980, § 14-181)
Cross reference-Definitions and rules of construction generally, § 1-2.
Sec. 13-342. License required.
Any person maintaining a business office in the city who engages in or attempts to engage in the general real estate brokerage, real estate lending, and financing business or who acts in the capacity as such concerning any piece of real estate or real property located within the city shall apply for and obtain a li cense as such real estate agent or broker.
(Code 1980, § 14-182)
Sec. 13-343. Application.
The city clerk shall provide to each applicant for the issuance of a license under the provisions of this division a form to be filled in by the applicant containing blanks for the furnishing of necessary and pertinent information concerning the identity, location and qualification of such applicant.
(Code 1980, § 14-183)
Sec. 13-344. Consideration by council.
Upon receipt of an application for a license required by the provisions of this division, the city clerk shall submit such application to the city council for its consideration and approval at the first meeting convenient to the council.
(Code 1980, § 14-184)
Sec. 13-345. Fee.
The fee for a license required by the provisions of this article shall be as provided in section 13-201.
(Code 1980, § 14-185)
§ 13-346 WELLSTON CODE
Sec. 13-346. Issuance.
In the event that the city council shall see fit to issue a license to such applicant as a bona fide real estate broker, dealer or loan agency, within the city and shall approve such application, then the mayor and city clerk are hereby authorized and directed to issue the same and deliver it to the applicant.
(Code 1980, § 14-186)
Sec. 13-347. Location restricted.
The license required by this division shall not be issued to any firm, partnership or corporation unless its business or principal place of business is situated and carried on within the municipal boundaries of the city, and any person engaged in the business of real estate brokerage who does not have his office or place of business within the city may not obtain or file an application for such license.
(Code 1980, § 14-187)
Secs. 13-348-13-365. Reserved.
DIVISION 7. MOTOR FUEL DEALERS
Sec. 13-366. Definition.
For the purposes of this division, the words “motor fuel” shall mean and include gasoline and every other volatile and inflammable liquid the principal use of which is fuel for the propulsion of motor vehicles upon the public highways.
(Code 1980, § 14-194)
Cross reference-Definitions and rules of construction generally, § 1-2.
Sec. 13-367. License required.
No person shall store for sales, delivery or other purposes, or engage in the carrying on or conducting the business of selling any “motor fuel” in the city, either in the capacity of a filling station, gasoline station, public garage, repair shop or a whole sale, bulk or other station of any character whatsoever, nor shall any person transport the same or have stored the same for the use of themselves or other persons in the city without first having obtained a license from the city clerk.
(Code 1980, § 14-195)
Sec. 13-368. Fee; manner of payment.
Every person engaged in any of the businesses coming under this division shall pay the city clerk a monthly license, on the twentieth day of each month, for the preceding month, the amount of such monthly license to be as provided in section 13-201; pro vided, however, that where the license fee upon the sale of such motor fuel shall have been paid by a previous vendor, such payment shall be sufficient, the intention of this division being that the fee shall be paid but once.
(Code 1980, § 14-196)
Sec. 13-369. Records required.
Every person engaged in any of the businesses coming under this division, shall keep an accurate record of all receipts and sales of motor fuel, showing the number of gallons received and the number of gallons sold, and shall each month, on or before the twentieth day of each month, file with the city clerk, a sworn statement of the number of gallons of motor fuel so sold.
(Code 1980, § 14-197)
Sec. 13-370. Investigations.
The city clerk, or other person authorized or designated by the city council, shall be and is hereby authorized to investigate the correctness and accuracy of the returns or reports required and, for that purpose, shall have access at all reasonable times to the books, documents and reports bearing on the number of gallons of motor fuel received and/or sold and may appoint a temporary inspector in a proper investigation whenever he desires.
(Code 1980, § 14-198)
Sec. 13-371. Violations.
Every person refusing or neglecting to pay the tax or make the reports provided for in this division, or making any false or fraudulent report or return, or interfering with the city clerk or the gasoline inspector in the performance of their duties, shall be deemed guilty of a misdemeanor.
(Code 1980, § 14-199)
Secs. 13-372-13-390. Reserved.
DIVISION 8. PAWNBROKERS
Sec. 13-391. Definition.
For the purposes of this division, any person who loans money on deposit of personal property, or who deals in the purchase of personal property on condition of selling the same back again at a stipulated price, or who makes a public display in his place of business to wit: Three (3) gilt or yellow balls, or who publicly exhibits a sign of “money to loan on personal property or deposit,” is hereby declared to be a pawnbroker.
(Code 1980, § 14-206)
Cross reference-Definitions and rules of construction generally, § 1-2.
Sec. 13-392. License required.
No person shall do business as a pawnbroker in the city without having first obtained a license therefor.
(Code 1980, § 14-207)
Sec. 13-393. Application.
Every application for a license required by the provisions of this division shall be made in writing to the city clerk and shall state where the business is to be carried on.
(Code 1980, § 14-208)
Sec. 13-394. Police approval.
Before any license shall be issued under the provisions of this division, the city clerk shall procure from the chief of police an endorsement on the back of the application made therefor to the effect that, in the opinion of the police department, the applicant is a person of good moral character.
(Code 1980, § 14-209)
Sec. 13-395. Fee.
The fee for a license required by the provisions of this article shall be as provided in section 13-201.
(Code 1980, § 14-210)
Sec. 13-396. Bond.
Every person to whom a license shall be granted to carry on the business of a pawnbroker shall annually enter into a bond to the city, with good and sufficient security, to be approved by the city clerk in the penal sum of one thousand dollars ($1,000.00), conditioned that he will duly observe all provisions of this Code or city ordinances as may be passed or in force respecting pawnbrokers.
(Code 1980, § 14-211)
Sec. 13-397. Action by council.
After submission to the police department, the application for a license required by the provisions of this division shall be sub mitted to the city council for approval or rejection at a regular meeting thereof.
(Code 1980, § 14-212)
Sec. 13-398. Separate license required for each place of business.
No pawnbroker shall be allowed to have more than one (1) place of business for transaction of the business of a pawnbroker without having first obtained a license for each place of business.
(Code 1980, § 14-213)
Sec. 13-399. Expiration.
Each license issued under the provisions of this division shall be in full force and effect from the first day of August of each year to the thirty-first day of July of the following year.
(Code 1980, § 14-214)
§ 13-400 WELLSTON CODE
Sec. 13-400. Register to be kept and tickets given.
Every pawnbroker shall keep a register of all loans and pur chases of all articles effected or made by him, which register shall show the date of all loans or purchases and the name of all per sons who have left any description of property on deposit as a collateral security or as a delivery on sale thereof. Opposite such name and date shall be written in plain hand a full description of all such property purchased or received on deposit as collateral security, the time when the loan falls due, the amount of pur chase money, the amount loaned and the interest charged. In addition to this, he shall give the party negotiating or selling a plain written or printed ticket for the loan, and a plain written or printed receipt of the article purchased having on each copy of the entries required by this section to be kept in his register. For the ticket or receipt he shall not be entitled to make any charge. (Code 1980, § 14-215)
Sec. 13-401. Register open to inspection.
The register required by this division shall at all times be open to the inspection of the mayor, chief of police or other police of ficer, city attorney, city counselor or any of his associates or as sistants or the marshal or any person authorized in writing by any one (1) of such officers and who shall exhibit such written authority to the pawnbroker.
(Code 1980, § 14-216)
Sec. 13-402. Dealing with minors prohibited.
No pawnbroker shall receive by way of pledge or pawn any goods, articles or things whatever from a minor at any time. (Code 1980, § 14-217)
Sec. 13-403. Hours of business.
No pawnbroker shall receive by way of pledge or pawn any goods, articles or things whatever from any person between the hours of 8:00 p.m. and 7:00 a.m.
(Code 1980, § 14-218)
Sec. 13-404. Loans on parts of articles prohibited.
No pawnbroker shall make any loan on the separate or divided part of any article.
(Code 1980, § 14-219)
Sec. 13-405. Agents.
It shall be unlawful for any person to act as agent for a pawn broker at any other place than the place of business stated in the application for a license.
(Code 1980, § 14-220)
Secs. 13-406-13-420. Reserved.
DIVISION 9. JUNK, SALVAGE YARDS
Sec. 13-421. Definitions,
For the purposes of this division, the following words and phrases shall have the meanings respectively ascribed to them:
Junkyard means any yard, premises or tract of land, in or upon which junk, old iron, pipes, secondhand material, worn or dis carded material, surplus, brass, copper or other metals or empty bottles are stored for the purpose of wrecking, resale or reuse.
Salvage yard means any yard, premises or tract of land in or upon which nonoperating motor vehicles are stored, or upon which motor vehicles are wrecked or dismantled for the purpose of wrecking.
(Code 1980, § 14-227)
Cross reference-Definitions and rules of construction generally, § 1-2.
Sec. 13-422. Compliance,
It shall be unlawful for any person to carry on, maintain or conduct a salvage yard or junkyard unless such establishment is carried on, maintained or conducted in compliance with the pro visions of this division.
(Code 1980, § 14-228)
§ 13-423 WELLSTON CODE
Sec. 13-423. Fence-Required.
Every junkyard or salvage yard in this city shall be carried on, maintained or conducted entirely inside an enclosed building or buildings, or upon premises fenced on all sides which adjoin or abut property being used for other than business purposes. Such fence shall be at least eight (8) feet high and shall be of solid wood or metal or woven wire of at least 10 gauge line wire and 12¼ gauge filler or stay. If such fence is of wire, a sufficient number of shrubs or trees shall be planted along the same to screen the premises from view. Property separated from the salvage yard by only a street, alley, easement or public way shall be considered as abutting or adjoining such salvage yard.
(Code 1980, § 14-229)
Sec. 13-424. Same-Maintenance.
The fence, wall, shrubbery and trees required by this division shall be maintained in a neat, substantial, safe condition and shall be painted, unless constructed of masonry, rustproof metals or wire.
(Code 1980, § 14-230)
Sec. 13-425. Accumulation of water, vegetation.
Water shall not be permitted to accumulate in any junkyard or salvage yard or car bodies until it becomes vile or stagnant, and weeds and rank vegetation shall not be permitted on such pre mises.
(Code 1980, § 14-231)
Sec. 13-426. Pests, animals.
The salvage yard or junkyard shall be kept free from vermin, rodents, reptiles and animals of all kinds, other than properly licensed dogs and cats.
(Code 1980, § 14-232)
Sec. 13-427. Density of vehicles.
The density of motor vehicles on a salvage yard shall not exceed
one (1) vehicle for each two hundred (200) square feet of land or floor area. Provided, however, the owner of any salvage yard which has a greater density of vehicles thereon upon January 28, 1976, shall not be required to move same but shall not be permitted, however, to place anymore vehicles thereon until such time as it can be done without exceeding such density of one (1) vehicle per each two hundred (200) square feet.
(Code 1980, § 14-233)
Sec. 13-428. Removal of gasoline.
All gasoline shall be drained and removed from any unregistered motor vehicle or other object to be junked or wrecked and located in a building or on the premises of a salvage yard. (Code 1980, § 14-234)
Sec. 13-429. Access for inspections.
The material located in or on the premises of a salvage yard shall be so arranged that reasonable inspection or access on all parts of the premises can be had at any time by the proper fire, health, police and building authorities.
(Code 1980, § 14-235)
Secs. 13-430-13-445. Reserved.
DIVISION 10. REPAIRING MOTOR VEHICLES
Sec. 13-446. General regulations.
The following general operating requirements shall apply to all businesses licensed in accordance with the ordinances of the city regarding the repair of motor vehicles:
(1) The license shall be plainly displayed on the business premises.
(2) No noxious weeds or appreciable amounts of refuse or de bris shall be allowed to accumulate on the premises.
(3) A record must be kept showing the address and names of all persons from whom motor vehicles are obtained for the purpose of repair, and such statement shall show the date upon which such motor vehicle was left at the location.
(4) No motor vehicle or partially dismantled, non-operable or wrecked motor vehicle shall be stored or dismantled on the repair shop premises except as a direct, immediate and necessary incident to its repair.
(5) No motor vehicle or part thereof shall be stored in any portion of the premises except within a closed building or structure for a period of more than thirty (30) days.
(Code 1980, § 14-241)
Sec. 13-447. Penalty,
Any person who shall violate any part of this division shall, upon conviction thereof, be subject to punishment as provided in section 1-9 of this Code.
(Code 1980, § 14-242)
Secs. 13-448-13-465. Reserved.
DMSION 11. WRECKING BUILDINGS
Sec. 13-466. Permit-Required.
It shall be unlawful to wreck or demolish any building or structure in the city without first securing a permit therefor.
(Code 1980, § 14-248)
Sec. 13-467. Same-Application.
An application for a permit to wreck or demolish any building or structure in the city shall be made in writing to the city clerk, with a copy to the building commissioner, and to any utility company serving the premises, and to the owners or agents of ad joining or neighboring premises. Such application shall give the location of the building or structure, the date when wrecking or demolition is to commence and the approximate time which such wrecking or demolition shall take.
(Code 1980, § 14-249)
LICENSES AND TAXATION § 13-471
Sec. 13-468. Same—Application fee.
Before a permit is issued under this division, the applicant shall pay to the city clerk the sum of twenty-five dollars ($25.00) for a permit for the demolition of a private garage. Twenty-five dollars ($25.00) per dwelling unit or portion thereof demolished of residential structures, and twenty-five dollars ($25.00) per ten thousand (10,000) cubic feet of volume of any other structures. Two hundred fifty dollars ($250.00) shall be deposited as bond with the application, which will be returned upon compliance with regulations. The applicant shall also provide proof that insurance in an amount to be determined by the building com- mission has been obtained. A copy of such insurance shall accompany that application.
(Code 1980, § 14-250; Ord. No. 852, §§ 1, 2, 12-16-92; Ord. No.
997, Exh. A, 11-17-00)
Sec. 13-469. Proper, safe condition of premises.
The premises upon which any building or structure coming under the provisions of this division is located shall be returned to a proper and safe condition. For the purposes of this section, “proper and safe condition” means that all debris is cleared away, that any excavation remaining is either filled in and tamped down, or surrounded by a chain link or masonry fence at least six
(6) feet in height. If such property is not to be used for any purpose within two (2) months of such wrecking or demolition, adequate barricades, lighted at night, shall be installed around the perimeter of such excavation.
(Code 1980, § 14-250)
Sec. 13-470. Insurance.
A certificate showing that public liability insurance in an amount to be set by the building commissioner has been obtained by the applicant for a permit required by this division, shall accompany any such application.
(Code 1980, § 14-251)
Sec. 13-471. Inspection of premises.
Before any permit required by this division shall be approved, the building commissioner shall inspect the premises where the wrecking and demolition work is to take place and ascertain that provisions for proper care have been made so as not to endanger any sewer or water connections with the city sewer and water systems, or any electrical wires or installations.
(Code 1980, § 14-252)
Sec. 13-472. Approval and issuance of permit.
If the building commissioner finds that the terms of this division are being complied with by the applicant, he shall approve the application and issue a permit for such wrecking or demolition.
(Code 1980, § 14-253)
Sec. 13-473. Regulations for proceeding with work.
All work of wrecking or demolition shall be performed in a workmanlike manner and with the least amount of noise possible. Care shall be taken to protect neighboring structures with adequate shoring and whatever else is needful to protect such structures. Signs stating “Wrecking and demolition work going on—No trespassing” shall be erected on each side of the building that faces on a public street or alley. Adequate protection shall be provided to prevent injury to any city or public utility appurtenances. It shall be the duty of all persons working on or responsible for such wrecking or demolition to see to it that children are warned away from such premises and are not permitted to play in or on or frequent such structures.
(Code 1980, § 14-254)
Sec. 13-474. Supervision.
The building commissioner shall supervise wrecking or demolition and shall inspect such premises at least once daily during such wrecking or demolitions.
(Code 1980, § 14-255)
LICENSES AND TAXATION § 13-490
Sec. 13-475. Penalty.
Any person violating any provision of this division shall be subject to punishment as provided in section 1-9 of this Code. (Code 1980, § 14-256)
Secs. 13-476-13-490. Reserved.
ARTICLE VI. DANCE HALLS*
DIVISION 1. GENERALLY
Sec. 13-491. Definitions.
For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them:
Public dance or public ball means any dance or ball to which admission can be had by payment of a fee or by the purchase, possession or presentation of a ticket or token, or in which a charge is made for caring for clothing or other property, or any other dance or ball to which the public generally may gain ad mission with or without payment of a fee.
Public dance hall or public ballroom means any room, place or space in which a public dance or public ball shall be held, or hall or academy in which classes in dancing are held and instruction in dancing is given for hire.
(Code 1980, § 5-16)
Cross reference-Definitions and rules of construction generally, § 1-2.
Sec. 13-492. Exceptions.
The provisions of this article shall in no way interfere with private parties given at homes of people or with dances given by the city or in public schools, or by bona fide societies, clubs or associations where the attendance is restricted to the bona fide members of the society, club or association, and where no admission fee is charged or accepted.
(Code 1980, § 5-17)
Sec. 13-493. Taxi dance halls prohibited.
Nothing contained in this article shall be construed as authorizing the issuance of a license under any circumstances for the conduct of any public dance hall, commonly known as a “taxi dance hall,” wherein there is kept or provided female dancing partners for male guests or customers and wherein such male guests or customers are required to pay, by the dance or otherwise, for the privilege of dancing with such female dancing partners.
•state law reference-Control of amusements,
(Code 1980, § 5-18)
Sec. 13-494. Dance permit.
No person shall hold a public dance or ball unless the same be held in a licensed hall and without first obtaining a permit therefor from the mayor. The application for such permit shall be made at least five (5) days before the date of the proposed dance or ball, and such application shall be made upon a form to be furnished by the city clerk.
(Code 1980, § 5-19)
Sec. 13-495. Authority of police.
The members of the police department shall have access at all times to all public dance halls or ballrooms and officers or patrolmen of the police department shall be assigned to supervise public dance halls or ballrooms and investigate all complaints about public dance halls and public dances, and shall visit such dance halls or ballrooms and report any and all violations of this article to the chief of police and the mayor.
(Code 1980, § 5-20)
Sec. 13-496. Maintenance of premises.
All public dance halls or ballrooms shall at all times be kept in a clean, healthful and sanitary condition. All stairways, passage ways and all rooms connected with the dance hall or ballroom shall be kept open and well lighted. The dance hall shall be sufficiently lighted at all times so that it may be possible to see distinctly to any part thereof.
(Code 1980, § 5-21)
Sec. 13-497. Closure.
The police department shall have the power, and it shall be their duty to cause the place, hall or room where any dance or ball is held or given to be vacated and closed wherever any provision of any regulation, ordinance or law with regard to public dances and public dance halls or ballrooms is being violated, or whenever any indecent act shall be committed or when any disorder of a gross, violent or vulgar character shall take place therein. (Code 1980, § 5-22)
Sec. 13-498. Hours of operation.
All public dances shall be discontinued and public dance halls and ballrooms shall be closed not later than 1:00 a.m.; provided, however, that the mayor may grant special permits for dance halls or ballrooms to remain open until a later hour on special occasions such as New Year’s Eve, or on other holidays; and pro vided further, that such public dances or balls may remain open after the hour of 1:00 a.m., and until such time as may be stated in the petition and at the discretion of the mayor may be proper upon the filing with the mayor of a petition therefor, approved by the signatures of the majority of the owners and occupants of structures or property located within three hundred (300) feet of the building in which such public dances or balls may be estab lished, conducted or maintained.
(Code 1980, § 5-23)
Sec. 13-499. Intoxicating beverages.
It shall be unlawful for anyone to have the possession, use or sale of liquor or any intoxicating beverages in any form on the premises of a dance hall at any time.
(Code 1980, § 5-24)
Cross reference-Alcoholic beverages, Ch. 3.
Sec. 13-500. Presence of minors.
No person under the age of eighteen (18) shall be permitted to attend or take part in any public dance after the hour of 8:00 p.m., unless such person be accompanied by a parent or guardian, or a respectable adult person who has a written permit of the parent or guardian of such minor to take such a person to the dance. (Code 1980, § 5-25)
Sec. 13-501. Misrepresentation of age.
It shall be a misdemeanor for any person to represent himself to have reached the age of eighteen (18) years, in order to obtain admission to a public dance or to be permitted to remain therein, when such person has not reached the age of eighteen (18) years. (Code 1980, § 5-26)
Sec. 13-502. Impersonation of parent, guardian.
It shall be a misdemeanor for any person not the parent or guardian of another person to represent himself to be the parent or guardian of such other person in order that such person may obtain admittance to a public dance hall or ballroom, or to be permitted to remain therein; or to aid, assist or attempt to aid or assist any person under the age of eighteen (18) years to obtain admission to or be permitted to remain in a public dance hall or ballroom, or in any way contribute to his delinquency.
(Code 1980, § 5-27)
Secs. 13-503-13-520. Reserved.
DIVISION 2. LICENSE
Sec. 13-521. License required.
It shall be unlawful for any person to conduct any public dance hall or to hold any public dance or to hold classes in dancing or to give instructions in dancing for hire in any hall or academy within the limits of the city, unless the dance hall or academy in which the same may be held shall be duly licensed for such purposes. (Code 1980, § 5-34)
Sec. 13-522. Approval of neighbors.
Every applicant for a license under the provisions of this division shall attach to his application the approval of a majority of the owners of property or people living or occupying property located within a radius of three hundred (300) feet of the building in which such public dances or balls may be established, con ducted or maintained, such approval to be evidenced by the sig nature of such owners.
(Code 1980, § 5-35)
LICENSES AND TAXATION § 13-526
Sec. 13-523. Compliance with other laws.
No public dance hall shall be licensed or operated unless such hall complies with and conforms to all ordinances and health, building and fire regulations of the city, is properly ventilated and supplied with sufficient free drinking fountains, toilet conveniences and separate dressing rooms for men and women and is a safe and proper place for the purpose for which it is to be used. (Code 1980, § 5-36)
Sec. 13-524. Investigation.
The city clerk shall examine all applications for public dance hall licenses and public dance permits, and shall investigate each place for which an application is made. He shall investigate the habits and moral character of the applicant, to determine whether the dance hall sought to be licensed or in which a public dance hall is to be held complies with the regulations, ordinances and laws applicable thereto, and whether the applicant is a proper person to conduct such public dance or public dance hall. In making such investigation the city clerk shall furnish a report to the mayor with the recommendations of all investigating parties. (Code 1980, § 5-37)
Sec. 13-525. Fee.
The fee for any license issued under the provisions of this di vision shall be as provided in section 13-201.
(Code 1980, § 5-38)
Sec. 13-526. Denial.
If it is proposed to locate a public dance hall or public ballroom in the city, and a majority of the owners or occupants of structures or property located within three hundred (300) feet of the building in which it is proposed to establish or maintain such public dance hall or ballroom, protest in writing against the issuance of such license, or the maintenance of such public dance hall or public ballroom, the mayor, if he finds upon investigation that it would be for the best interest of such neighborhood, shall refuse his consent to the issuance of such license.
(Code 1980, § 5-39)
Sec. 13-527. Issuance.
Upon authorization by the mayor, and upon payment of the required fee, the city clerk shall issue the license required by the provisions of this division.
(Code 1980, § 5-40)
Sec. 13-528. Display.
All licenses issued under the provisions of this division shall be posted in a conspicuous place within the hall or ballroom where dances or balls are given.
(Code 1980, § 5-41)
Sec. 13-529. Expiration.
All licenses issued under the provisions of this division shall expire on the first day of June of each year.
(Code 1980, § 5-42)
Sec. 13-530. Transfer.
No license or permit issued under the provisions of this division shall be assigned or transferred.
(Code 1980, § 5-43)
Sec. 13-531. Revocation, suspension.
Any license or permit issued under the provisions of this division may be suspended or revoked by the mayor for the violation by the licensee or permittee, his agents or employees, of any applicable provision of this Code, state law or city ordinance, rule or regulation; provided, however, that such licensee or permittee shall first be given notice and hearing, at which hearing the licensee may have counsel and produce witnesses in his behalf. (Code 1980, § 5-44)
Secs. 13-532-13-550. Reserved.
LICENSES AND TAXATION § 13-571
ARTICLE VII. AMUSEMENT, VENDING MACHINES
DIVISION 1. GENERALLY
Sec. 13-551. Gambling prohibited.
No amusement or skill machine shall at any time pay awards in money out of the machine or to be paid in cash or tokens redeemable in cash or merchandise; and no such machine shall be used as a gambling machine or device.
(Code 1980, § 5-56)
Sec. 13-552. Automatic pay-off device.
It shall be unlawful for any person to keep, maintain or offer for use any amusement or skill machine which shall be equipped with an automatic device for paying off awards, prizes or other games for the successful playing of such machine.
(Code 1980, § 5-57)
Sec. 13-553. Location restricted.
No amusement or skill machine shall be placed or operated within two (2) blocks of any public school within the city.
(Code 1980, § 5-58)
Sec. 13-554. Permitting minors to play.
Every licensed keeper of any table or device mentioned in this article who shall suffer any person under the age of eighteen (18) years to play on such table or device kept by him, without the permission of the parent or guardian of such minor first granted, shall be deemed guilty of an offense.
(Code 1980, § 5-59)
Secs. 13-555-13-570. Reserved.
DIVISION 2. LICENSE
Sec. 13-571. Required.
It shall be unlawful for any person to have or permit others to have located on or about their premises any shuffleboards, coin operated machines commonly called pinball machines and vending machines, without first having obtained a license to do so from the city clerk.
(Code 1980, § 5-66)
Sec. 13-572. Application.
The person desiring to operate any shuffleboards or coin operated machines within this city shall first apply to the city clerk for a license to do so.
(Code 1980, § 5-67)
Sec. 13-573. Fees.
The fee for any license required by the provisions of this division shall be as provided in section 13-201.
(Code 1980, § 5-68)
Sec. 13-574. When due and payable.
The annual fees payable under the provisions of this division shall be due and payable in advance on the first day of January of each year; provided, that the fees for licensf}s issued after the first day of July in any year shall be one-half the annual license fee. (Code 1980, § 5-69)
Sec. 13-575. Each machine licensed.
A separate license shall be required for each shuffleboard, table bowling alley or machine coming under the provisions of this article.
(Code 1980, § 5-70)
Sec. 13-576. Not assignable or transferrable.
No license issued under the provisions of this division sh l be assignable or transferable from one (1) person to another npr from one (1) shuffleboard, table bowling alley or machine to another including replacement shuffleboards or machines.
(Code 1980, § 5-71)
LICENSES AND TAXATION § 13-596
Sec. 13-577. Display.
All license tags issued in pursuance of the provisions of this division shall at all times be displayed in a conspicuous place on the shuffleboard or machine, plainly visible.
(Code 1980, § 5-72)
Sec. 13-578. Not applicable on gambling devices.
None of the provisions of this division shall apply to the li censing of any coin-operated machine or appliance as a gambling device or for any other unlawful purpose or against public policy. (Code 1980, § 5-73)
Sec. 13-579. Revocation, suspension.
Any license issued under the provisions of this division may be suspended or revoked by the city council for the violation by the licensee, his agents or employees, of any applicable provision of this Code, state law or city ordinance, rule or regulation; pro vided, however, that such licensee shall first be given notice and hearing, at which hearing the licensee may have counsel and produce witnesses in his behalf.
(Code 1980, § 5-74)
Secs. 13·580-13,595. Reserved.
ARTICLE VIII. EMERGENCY ALARM SYSTEMS*
DIVISION 1. GENERALLY
Sec. 13-596. Definitions.
For the purpose of this article, the following words shall have the meanings respectively ascribed to them:
Alarm equipment supplier means any person that sells, leases
and/or installs emergency alarm systems in the city.
*Cross references-Civil defense, Ch. 6; court, Ch. 7.
Alarm user means the resident or commercial establishment protected by an emergency alarm system.
Automatic dialing device means an electrically operated instrument composed of sensory apparatus and related hardware which automatically sends over regular telephone lines, by direct connection or otherwise, a prerecorded voice alarm upon receipt of a stimulus from the sensory apparatus that has detected a physical force or condition inherently characteristic of a fire or unauthorized intrusion.
Director means the city clerk.
Emergency alarm means any device which, when actuated by a criminal act, fire, unauthorized intrusion or other emergency, transmits a prerecorded message or other signal by telephone, radio or other means to a central station, modified central station, licensed answering service or directly to the communications center of the police department.
False alarm means any emergency alarm which is actuated by inadvertence, negligence or unintentional act to which the city police department responds, including alarms caused by the mal function of the alarm system; except that the following shall not be considered false alarms:
(1) Alarms caused by the malfunction of the indicator in the police station.
(2) Alarms caused by the testing or repair of telephone equipment or lines.
(3) Alarms caused by an act of God such as earthquakes, flood, windstorm, thunder or lightning.
(4) Alarms caused by an attempted illegal entry, of which there is visible evidence.
(5) Alarms intentionally caused by the resident acting under a sincere belief that a need exists to call the police department.
(6) Alarms followed by a call to the police station canceling the alarm by giving the proper code number, prior to the arrival of the police department.
In determining the existence of the false alarms, a decision shall be made in favor of the alarm user if the chief of police finds that a doubt exists as to the cause of the alarm.
(Code 1980, § 11.3-1)
Cross reference-Definitions and rules of construction generally, § 1-2.
Sec. 13-597. Nonliability of city.
The city shall take every reasonable precaution to assure that alarm signals received by the city are given appropriate attention and are acted upon with dispatch. Nevertheless, the city shall not be liable for any defects in operation of automatic dialing devices and signal line systems, for any failure or neglect to respond appropriately upon receipt of an alarm from such a source, nor for the failure or neglect of any person with a license issued pursuant to this chapter. In the event the city finds it necessary to disconnect an emergency alarm system, the city shall incur no liability by such action.
(Code 1980, § 11.3-2)
Sec. 13-598. Penalties.
Anyone violating the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be subject to punishment as provided in section 1-9 of this Code.
(Code 1980, § 11.3-3)
Secs. 13-599-13-615. Reserved.
DIVISION 2. ALARM EQUIPMENT SUPPLIERS
Sec. 13-616. Application of license.
Any person who desires to become an alarm equipment sup plier serving residents of the city shall first apply to the director for a license on a form to be provided by him, and shall include among other things the following:
(1) Name, address, telephone number and type of business organization. If a partnership, names and addresses of partners. If a corporation, the names and addresses of the principal officers and the state of incorporation.
(2) A statement that such firm and its employees are licensed and bonded in compliance with the applicable ordinances of the county.
(3) A list of the names and addresses of persons for whom installations in the city have been made by the applicant or of persons served by the applicant in the city prior to the effective date of Ordinance No. 563.
(4) Certification by the applicant that police record checks have been initiated on all employees in the office or offices serving the city and that no person with a police record (other than for minor traffic offenses) found in such check will be employed on jobs within the city.
(5) A statement of the type and availability of repair and/or maintenance service that the applicant proposes to offer to the public.
(6) A statement of the security to be afforded by the applicant for the wiring diagrams and/or other security plans of installations made or to be made.
(7) A statement that the applicant is willing to comply with such reasonable rules and regulations about details of installation and operation of such systems as may be issued by the director.
(Code 1980, § 11.3-16)
Sec. 13-617. Action on application.
The director shall furnish a copy of the application to the chief of police for his investigation and recommendation. On the basis of the application and the report of the chief of police, the director shall, within sixty (60) days after receipt of the completed application, approve or disapprove such application for a license and shall notify the applicant. If approved, the applicant shall pay the required fee for the license. If disapproved, the notice to the applicant shall state the reasons. The applicant shall have a right of appeal by the following steps:
(1) A meeting with the director and the chief; and
(2) If not satisfactorily concluded, then by hearing before the city council at its next regular meeting. The council’s decision shall be final.
(Code 1980, § 11.3-17)
Sec. 13-618. Instructions on operation.
Each alarm equipment supplier who sells or leases and installs an emergency alarm system in the city shall furnish the alarm user with written instructions as to the way in which the device operates. He shall also provide initial training in the operation of the system and, upon request from the alarm user, refresher training. Each alarm equipment supplier shall also exhibit to the director for his review a copy of such instructions. If the director finds that the instructions are incomplete, unclear or otherwise inadequate, he may require the alarm equipment supplier to have the same revised to meet the director’s approval and then promptly distributed to persons for whom installations of such alarms have already been made as well as to persons for whom installations are henceforth made.
(Code 1980, § 11.3-18)
Sec. 13-619. Repair service required.
Each alarm equipment supplier that sells or leases and installs an emergency alarm system within the city must offer service, directly or through an agent, to repair such alarm so as to correct any malfunction that may occur. At the time of installation, each alarm equipment supplier shall furnish to the alarm user written information as to how service can be obtained at any time, including the telephone number to call for service; and the alarm user shall be responsible for having the system repaired as quickly as possible after he learns of any malfunction. No alarm equipment supplier shall perform any service on any alarm system terminating in the police department without first personally appearing and notifying the police dispatcher on duty of same and disconnecting such alarm system at the alarm user’s end and again notifying the dispatcher of the completion of the work. (Code 1980, § 11.3-19)
Sec. 13-620. Cancellation of license.
(a) In addition to the penalties described above for violation of any provision of this article, the city may, after notice and hearing, cancel the license of an alarm equipment supplier on any of the following grounds:
(1) Fraud, misrepresentation or false statement contained in any application for such license.
(2) Fraud, misrepresentation or false statement in the conduct of the business authorized by such license.
(3) Failure to correct any deficiencies in equipment or operation after receipt of due notice from the city.
(4) Violation of any provision of this article.
(b) Such licenses shall not be canceled until a hearing shall have been held by the director and his recommendations re garding cancellation acted upon by the city council. Written no tice of such hearing shall be served upon the holder of such li cense at least ten (10) days before the date of the hearing. The notice shall also contain a brief statement of the grounds alleged as the basis for cancellation of the license. The licensee shall have the right to appeal to the city council as outlined in section 13- 618.
(Code 1980, § 11.3-20)
Secs. 13-621-13-635. Reserved.
DIVISION 3. SIGNALING DEVICES AND AUTOMATIC DIALING DEVICES
Sec. 13-636. Police department terminals.
Only financial institutions required by regulations of federal agencies to have appropriate security devices installed for their protection shall be permitted to have equipment and indicators installed in a panel in the communications center of the police department.
(Code 1980, § 11.3-31)
LICENSES AND TAXATION § 13-681
Sec. 13-637. Restrictions on automatic dialing devices.
All automatic dialing devices shall be installed on a separate telephone line unless such device incorporates equipment capable of seizing the telephone line and a method to abort a false alarm. No such devices shall be keyed to the trunk line of the police department.
(Code 1980, § 11.3-32)
Secs. 13-638-13-655. Reserved.
DMSION 4. LOCAL ALARMS
Sec. 13-656. Limits on operation.
All emergency alarm systems equipped with any exterior sound producing device, including but not limited to gongs, buzzers, sirens, bells or horns, shall be equipped with a time device which limits the operation of such exterior sound-producing device to fifteen (15) minutes, except that commercial installations shall be allowed thirty (30) minutes.
(Code 1980, § 11.3-43)
Secs. 13-657-13-680. Reserved.
DMSION 5. EMERGENCY ALARM INSTALLATIONS
Sec. 13-681. Permit required.
Any resident who desires to install an emergency alarm system shall first apply for and obtain a permit from the director on a form to be provided by him. Each application shall be signed by the applicant and shall include, among other things, the fol lowing:
(1) The name, address and telephone number of the alarm user.
(2) The name of the alarm equipment supplier.
(3) The name of the intermediary to which the alarm system will be connected.
(4) The name, address and telephone number of at least one (1) other person with access to the premises protected by the system.
(Code 1980, § 11.3-54)
Sec. 13-682. Installations by licensed suppliers.
All emergency alarm systems shall be subject to the following operational requirements:
(1) The sensory mechanism used in connection with such alarms must be adjusted to the degree reasonably possible to suppress false indications of fire or intrusion, so that alarms will not be actuated by natural phenomena, including but not limited to transient pressure change in water pipes, short flashes of light, wind noises or exterior pressure change such as rattling or vibration of windows or sonic booms, and vehicular noise adjacent to the installation.
(2) The alarm user shall be responsible for maintaining the system in good repair to assure reliability of operation.
(3) The alarm user shall also be responsible for seeing that the system is not misused.
(Code 1980, § 11.3-55)
Secs. 13-683-13-700. Reserved.
DIVISION 6. FALSE ALARMS SERVICE CHARGE
Sec. 13-701. Amount.
All false alarms to which the police department responds shall result in the following service charges to the alarm user: Five dollars ($5.00) for the first such false alarm; fifteen dollars ($15.00) for the second such false alarm; and twenty-five dollars ($25.00) for each such additional false alarm within any calendar year. (Code 1980, § 11.3-66)
LICENSES AND TAXATION § 13-741
Sec. 13-702. Refusal to pay.
Refusal to pay any fee service charge or penalty charged by the city within a period of thirty (30) days shall be considered a vio lation of this article.
(Code 1980, § 11.3-67)
Secs. 13-703-13-720. Reserved.
DIVISION 7. SCHEDULE OF FEES
Sec. 13-721. Alarm equipment suppliers.
The fee for a license for an alarm equipment supplier shall be twenty-five dollars ($25.00) for the first calendar year or part thereof. The annual renewal fee shall be one dollar ($1.00). (Code 1980, § 11.3-78)
Sec. 13-722. Alarms terminating at the police station.
Each alarm user with an indicator installed in the communications center of the police station and each alarm user with an automatic dialing device keyed to a primary trunkline of the police department shall pay an annual fee of ten dollars ($10.00). (Code 1980, § 11.3-79)
Sec. 13-723. Date of assessment.
All licenses, permits and fees due to the city under the terms of this article shall be due and payable on the second day of January of each year.
(Code 1980, § 11.3-80)
Secs. 13-724-13-740. Reserved.
ARTICLE IX. PEDDLERS
DIVISION 1. GENERALLY
Sec. 13-741. Definition.
The word “peddler” as used in this article shall mean any individual, whether a resident of this city or not, traveling by foot wagon, automobile, motor truck or any other type of conveyance, from place to place, from house-to-house, or from street to street, for the sale of, as well as the selling, offering for sale or taking or attempting to take orders for the sale of goods, wares and merchandise, personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the fu ture, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or not or whether he is collecting advance payments on such sales or not; provided that such definition shall include any person who, for himself, or for another person, hires, leases, uses or occupies any building, structure, tent, railroad boxcar, boat, hotel room, lodging house, apart ment, shop or any other place within this city for the sole purpose of exhibiting samples and taking orders for future delivery. The word “peddler” shall include the terms “canvasser,” “solicitor,” “transient or itinerant merchant or vendor” or “transient or itin erant photographer.”
(Code 1980, § 20-1)
Cross reference-Definitions and rules of construction generally, § 1-2.
Sec. 13-742. Exceptions.
The provisions of this article shall not apply to the following:
(1) Sales made to dealers or permanent merchants by commercial travelers selling in the usual course of business.
(2) Sheriffs, constables, bona fide assignees, receivers or trustees in bankruptcy or other public officers goods, wares and merchandise according to law.
(3) Bona fide residents of the state selling fruits, vegetables, dressed meats, fowl or farm products which were produced on land within the state, owned or controlled by such vendor.
(4) Solicitations, sales or distributions made by charitable, educational or religious organizations which have their principal place of activity within this city, if approved by the mayor.
(Code 1980, § 20-2)
LICENSES AND TAXATION § 13-766
Sec. 13-743. Entrance to premises restricted.
It shall be unlawful for any peddler to enter upon any private premises when such premises are posted with a sign stating “No Peddlers Allowed” or “No Solicitations Allowed” or other words to such effect.
(Code 1980, § 20-3)
Sec. 13-744. Refusing to leave.
Any peddler who enters upon premises owned, leased or rented by another and refuses to leave such premises after having been notified by the owner or occupant of such premises, or his agent, to leave the same and not return to such premises, shall be deemed guilty of an offense.
(Code 1980, § 20-4)
Sec. 13-745. Misrepresentation.
It shall be unlawful for any peddler to make false or fraudulent statements concerning the quality of his goods, wares, merchan dise or services for the purpose of inducing another to purchase the same.
(Code 1980, § 20-5)
Sec. 13-746. Hours of operation.
It shall be unlawful for any peddler to engage in the business of peddling within the city between the hours of one-half hour before sunset and 9:00 a.m. the following morning, or at any time on Sundays, except by specific appointment with or invitation from the prospective customer.
(Code 1980, § 20-6)
Secs. 13-747-13-765. Reserved.
DIVISION 2. PERMIT
Sec. 13-766. Required.
It shall be unlawful for any person to engage in business as a peddler within this city without first obtaining a permit to do so. (Code 1980, § 20-18)
§ 13-767 WELLSTON CODE
Sec. 13•767. Application.
Applicants for a permit under this division shall file with the city clerk a sworn application in writing, in duplicate, on a form to be furnished by the city clerk, which shall give the following information:
(1) The name and a description of the applicant.
(2) The permanent home address and full local address of the applicant.
(3) A brief description of the nature of the business and the goods to be sold.
(4) If employed, the name and address of the employer, together with credentials establishing the exact relation ship.
(5) The length of time for which the right to do business is desired.
(6) The place where the goods or property proposed to be sold, or orders taken for the sale thereof, are manufactured or produced, where such goods or products are located at the time the application is filed and the proposed method of delivery.
(7) A photograph of the applicant, taken within sixty (60) days immediately prior to the date of filing of the application, which picture shall be two (2) inches by two (2) inches showing the head and shoulders of the applicant in a clear and distinguishing manner.
(8) A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor.
(9) Whether the applicant, upon any sale or order, shall demand, accept or receive payment or deposit of money in advance of final delivery.
(10) The last five (5) municipalities wherein the applicant has
worked before coming to this city.
(11) Such other relevant information as may be required by the investigation of the applicant.
(Code 1980, § 20-19)
Sec. 13-768. Driver’s license.
At the time of filing his application for a permit required by this division, the applicant shall present his driver’s license, if he has one, to the city clerk.
(Code 1980, § 20-20)
Sec. 13,769. Application fee.
At the time of filing the application, a fee of twelve dollars ($12.00) shall be paid to the city clerk to cover the cost of investigation of the facts stated therein.
(Code 1980, § 20-21; Ord. No. 768, § 2, 5-4-88)
Sec. 13-770. False information.
It shall be unlawful for any person to give any false or mis leading information in connection with his application for a permit required by this division.
(Code 1980, § 20-22)
Sec. 13-771. Fingerprints.
At the time of making application for a permit required by this division, the applicant shall submit to fingerprinting by the chief of police.
(Code 1980, § 20-23)
Sec. 13-772. Bond.
(a) Every applicant, not a resident of the city, or who is a res ident of the city and represents a firm whose principal place of business is located outside the state, shall file with the city clerk a surety bond running to the city in the amount of one thousand dollars ($1,000.00), with surety acceptable to and approved by the mayor, conditioned that the applicant shall comply fully with all the applicable provisions of this Code, the ordinances of the city and state law regulating and concerning the business of peddling and guaranteeing to any citizen of the city that all money paid as a down payment will be accounted for and applied according to the representations of the peddler, and further guaranteeing to any citizen of the city doing business with such peddler that the property purchased will be delivered according to the representations of such peddler. Action on such bond may be brought in the name of the city to the use or benefit of the aggrieved person.
(b) If the applicant is an agent, employee, canvasser or solicitor of a corporation authorized to do business in this state or registered under the fictitious name act of the state, such corporation or fictitious name business may furnish one (1) bond in the amount of one thousand dollars ($1,000.00) for any and all of its agents, employees, canvassers or solicitors.
(Code 1980, § 20-24)
Sec. 13-773. Service of process.
Before any permit shall issue under this division, there shall also be filed with the city clerk an instrument in writing, signed by the applicant under oath, nominating and appointing the city clerk his true and lawful agent, with full power and authority to acknowledge service of notice of process for and on the behalf of such applicant; and service of summons in any action brought upon the applicant’s bond shall be deemed made when served on the city clerk.
(Code 1980, § 20-25)
Sec. 13-774. Investigation.
Upon receipt of an application for a permit required by this division, the original shall be referred to the chief of police, who shall cause such investigation of the applicant’s business and moral character to be made as he deems necessary for the protection of the public good. The chief of police shall complete his investigation within one (1) week of receiving the application. (Code 1980, § 20-26)
Sec. 13-775. Denial.
If, as a result of investigation, the applicant’s character or business responsibility is found to be unsatisfactory, the chief of police shall endorse on the application his disapproval and his reasons for the same, and return the application to the city clerk, who shall notify the applicant that his application is disapproved and that no permit shall be issued.
(Code 1980, § 20-27)
Sec. 13-776. Issuance.
If, as a result of investigation, the character and business responsibility of the applicant are found to be satisfactory, the chief of police shall endorse on the application his approval, execute a permit addressed to the applicant for the carrying on of the business applied for and return the permit along with the application to the city clerk, who shall, upon payment of the required fee, deliver the permit to the applicant.
(Code 1980, § 20-28)
Sec. 13-777. Contents.
Each permit issued under this division shall contain the signature and seal of the issuing officer and shall show the name, address and photograph of the permittee, the class of permit is sued and the kind of goods to be sold thereunder, the amount of fee paid, the date of issuance and the length of time the same shall be operative, as well as the permit number and other identifying description of any vehicle used in such business.
(Code 1980, § 20-29)
Sec. 13-778. Record.
The city clerk shall keep a permanent record of all permits issued under this division.
(Code 1980, § 20-30)
Sec. 13-779. Display.
Every peddler having a permit issued under the provisions of this article and doing business within the city shall display his permit upon the request of any person, and failure to do so shall be deemed an offense.
(Code 1980, § 20-31)
§ 13-780 WELLSTON CODE
Sec. 13-780. Duration.
Every permit issued under the provisions of this division shall be valid for the period of time stated therein, but in no event shall any such permit be issued for a period of time in e:ir;cess of twelve
(12) months.
(Code 1980, § 20-32)
Sec. 13-781. Revocation.
Any permit issued under the provisions of this division may be revoked by the city council for the violation by the permittee of any applicable provision of this Code, state law or city ordinance, rule or regulation.
(Code 1980, § 20-33)
Art. I. In General,§§ 14-1-14-25
Art. II. House Cars and Trailers,§§ 14-26-14-41
ARTICLE I. IN GENERAL
Secs. 14-1-14-25. Reserved.
ARTICLE II. HOUSE CARS AND TRAILERS
Sec. 14-26. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
House car or trailer means any structure for or capable of human habitation mounted upon wheels or capable of being mounted on wheels, and capable of being moved from place to place, either by its own power or power supplied by a vehicle attached or to be attached thereto.
Tourist camp means any lot, piece or parcel of ground where two (2) or more camp cottages, tent houses, house cars, or trailers, used as living or sleeping quarters, are or may be located, such camp being operated for or without compensation.
Unit means a section of ground in any tourist camp not less than one thousand (1,000) square feet in area, designated as the location for only one (1) camp, cottage, tent house, house car or trailer.
•Cross references-Department of public works, § 2-81 et seq.; civil defense, Ch. 6; flood damage prevention, Ch. 9; housing, Ch. 11; licenses and taxation, Ch. 13; nuisances, Ch. 15; parks and recreation, Ch. 17; solid wastes, Ch. 19; streets and sidewalks, Ch. 20; zoning, App. A.
§ 14-26 WELLSTON CODE
(Ord. No. 748, § 1, 9-16-87)
Cross reference-Definitions and rules of construction generally, § 1-2.
Sec. 14-27. Use restricted.
It shall be unlawful for any person to place, keep or maintain any house car, trailer or tent house used for human habitation upon any lot, piece or parcel of land within the city, except in tourist camps, provided that the parking of only one (1) unoccupied trailer in any accessory private garage building or in a rear yard is permitted, provided no living quarters shall be maintained or any business practiced in such trailer while such trailer is so parked or stored.
(Ord. No. 748, § 2, 9-16-87)
Sec. 14-28. Tourist camp permit-Required.
It shall be unlawful for any person to keep or maintain any tourist camp within the city unless such person shall first obtain from the city clerk a permit to do so.
(Ord. No. 748, § 3, 9-16-87)
Cross reference-Licenses and taxation generally, Ch. 13.
Sec. 14-29. Same-Application.
(a) Every applicant for a permit to maintain a tourist camp provided for in this article shall file with the city clerk a written application, stating the name and address of the applicant and the location of the tourist camp, the name of the owner or proprietor and manager of such camp, the dimensions and number of units in such camp, the size of the lot or parcel of ground for such tourist camp, and the toilet and sanitary facilities thereof, and the maximum number of cottages, tent houses, house cars or trailers that the tourist camp will accommodate. Such application shall be verified by the oath of the applicant, who shall be the person in charge of such tourist camp and responsible for the upkeep, maintenance and sanitary condition thereof. Any change in the management of such tourist camp shall be registered with the city clerk by the sworn affidavit of the new proprietor or manager.
(b) The applicant shall file with his application a sketch, dia gram or plat of such tourist camp, showing the location and arrangement of the units and of the house cars, trailers or tent houses to be placed thereon, showing the location of the streets, location of toilets, showers, sinks and water hydrants, such plat or map to be taken and considered as a part of such application. (Ord. No. 748, § 4, 9-16-87)
Sec. 14-30. Same-Issuance; fee; renewal.
Upon the filing of the application for a permit required by this article, it shall be referred to the health commissioner who shall inspect the same, the location thereof, and determine if the application and proposed tourist camp meets with the requirements as provided in this article as hereinafter set forth, and shall make a report of his inspection to the city clerk. If the city clerk shall be satisfied that the proposed tourist camp meets with the requirements herein set forth, that the same will be conducted with proper regard to the peace, health, and sanitation of the neighborhood and without detriment to the properties surrounding the same, the city clerk shall issue a permit therefor, upon the payment by the applicant to the city clerk of the sum of five dollars ($5.00) per unit per year, whether occupied or not. Such permit may be renewed annually thereafter upon the first day of July, upon the payment of a fee of five dollars ($5.00) per unit per year, whether occupied or not, to the city clerk.
(Ord. No. 748, § 5, 9-16-87)
Sec. 14-31. Inspections, revocation of permit.
The mayor shall have the authority to have such tourist camp inspected by the health commissioner, as often as is deemed nec essary. If it shall appear at any time that the manager, owner or proprietor of such tourist camp has not complied with any of the specifications contained in the application for the permit, or the plat or map filed with such permit, or that the holder thereof has violated any of the provisions of this article, the mayor shall have the power to summarily revoke such permit.
(Ord. No. 748, § 6, 9-16-87)
§ 14-32 WELLSTON CODE
Sec. 14-32. Fences required; unit specifications.
Every tourist camp shall be bordered along boundary lines of adjoining properties by fencing not less than four (4) feet in height, and of such construction as will not permit the passage of persons; and there shall be no gate opening onto any adjoining property without written permission of the owner of such property. Such fence along borders shall be subject to approval of the health commissioner. All units shall be rectangular in shape, grouped in blocks. Streets of not less than eighteen (18) feet in width, giving easy access to all units, shall be provided. No cottage, house car, trailer or tent house shall be located within five (5) feet of a unit line, nor shall they be allowed within twenty (20) feet of any town street or road, nor shall they be allowed or located between any building or dwelling and any city street or road.
(Ord. No. 748, § 7, 9-16-87)
Sec. 14-33. Use of unit restricted.
No unit in any tourist camp in the city shall be used as the location for more than one (1) camp, cottage, tent house, trailer or house car.
(Ord. No. 748, § 8, 9-16-87)
Sec. 14-34. Potable water supply.
An adequate and proper supply of pure and wholesome water, approved by the county health department, shall be provided in each and every tourist camp.
(Ord. No. 748, § 9, 9-16-87)
Sec. 14-35. Plumbing, sanitary requirements.
Toilets, urinals and showers provided in the tourist camp shall be connected with available sewerage. For a camp often (10) units or less, there shall be provided one (1) flush toilet and one (1) shower for each sex and one (1) urinal. A like number of toilets, showers and urinals shall be provided for each additional ten (10) units or fraction thereof. Toilets and urinals shall not be more than two hundred (200) feet from any unit served by them. All shower compartments shall have concrete floors.
(Ord. No. 748, § 10, 9-16-87)
MOBILE HOMES AND SIMILAR STRUCTURES § 14-40
Sec. 14-36. Laundry facilities.
Every tourist camp shall have a two-compartment laundry tub and a slop sink with running water shall be provided for every ten (10) units or fraction thereof. (Ord. No. 748, § 11, 9-16-87)
Sec. 14-37. Garbage containers.
A tightly covered garbage can shall be provided for each unit in a tourist camp.
(Ord. No. 748, § 12, 9-16-87)
Sec. 14-38. Cleanliness generally.
A tourist camp must be kept in a clean and sanitary condition at all times. It shall be unlawful for the holder of the permit for any tourist camp to permit or allow the accumulation of any trash, junk or garbage in such camps.
(Ord. No. 748, § 13, 9-16-87)
Sec. 14-39. Other requirements.
All requirements, applicable laws and regulations of state and county agencies concerning tourist camps must be met in addi tion to those outlined in sections 14-34 through 14-38.
(Ord. No. 748, § 14, 9-16-87)
Sec. 14-40. Register of occupants.
The holder of the permit of a tourist camp shall require all persons living in such camp to register in a book kept for that purpose. Such holder of the permit shall keep a record of the name, address and car license number of each occupant of such camp, such record to be open for the inspection of law enforcement agents at all times.
(Ord. No. 748, § 15, 9-16-87)
§ 14-41 WELLSTON CODE
Sec. 14-41. Penalty.
Any person violating any provision of this article shall, upon conviction thereof, be punished as provided in section 1-9 of this Code.
(Ord. No. 748, § 16, 9-16-87)
Art. I. In General,§§ 15-1-15-35
Art. II. Weed Control, H 15-36-15-65
Art. III. Noise,§§ 15-66-15-90
Art. IV. Graffiti,§§ 15-91-15-95
ARTICLE I. IN GENERAL
Sec. 15-1. Definition.
For the purposes of this chapter, the word “nuisance” is hereby defined as any person doing an unlawful act, or omitting to per form a duty, or suffering or permitting any condition or thing to be or exist, which act, omission, condition or thing either:
(1) Injures or endangers the comfort, repose, health or safety of others.
(2) Offends decency.
(3) Is offensive to the senses.
(4) Unlawfully interferes with, obstructs or tends to obstruct or renders dangerous for passage any public or private street, highway, sidewalk, stream, ditch or drainage.
(5) In any way renders other persons insecure in life or the use of property.
(6) Essentially interferes with the comfortable enjoyment of life and property, or tends to depreciate the value of the property of others.
(Code 1980, § 17-1)
Cross reference-Definitions and rules of construction generally, § 1-2.
•cross references-Department of public health and welfare, § 2-106 et seq.; animals and fowl, Ch. 4; food and food handlers, Ch. 10; housing, Ch. 11; mobile homes and similar structures, Ch. 14; police, Ch. 18; environmental officer/health inspector, § 18-61 et seq.; solid waste, Ch. 19; traffic and motor vehicles, Ch. 21; zoning, App. A
State law references-Expense of suppression of nuisances paid, RSMo 71.780; nuisances, RSMo 77.560.
Supp. No. 1 921
Sec. 15-2. Illustrative enumeration.
The maintaining, using, placing, depositing, leaving or permit ting to be or remain on any public or private property of any of the following items, conditions or actions is hereby declared to be and constitute a nuisance; provided, however, this enumeration shall not be deemed or construed to be conclusive, limiting or restricive:
(1) Noxious weeds and other rank vegetation.
(2) Accumulation of rubbish, trash, refuse, junk and other abandoned materials, metals, lumber or other things.
(3) Any condition which provides harborage for rats, mice, snakes and other vermin.
(4) Any building or other structure which is in such a dilapidated condition that it is unfit for human habitation, or kept in such an unsanitary condition that it is a menace to the health of people residing in the vicinity thereof, or presents a more than ordinarily dangerous fire hazard in the vicinity where it is located.
(5) All unnecessary or unauthorized noises and annoying vibrations, including animal noises.
(6) All disagreeable or obnoxious odors, and stenches, as well as the conditions, substances or other causes which give rise to the emission or generation of such odors and stenches.
(7) The carcasses of animals or fowl not disposed of within a reasonable time after death.
(8) The pollution of any public well or cistern, stream, lake, canal or body of water by sewage, dead animals, creamery, industrial wastes or other substances.
(9) Any building, structure or other place or location where any activity which is in violation of local, state or federal law is conducted, performed or maintained.
(10) Any accumulation of stagnant water permitted or maintained on any lot or piece of ground.
(11) Dense smoke, noxious fumes, gas, soot or cinders, in un reasonable quantities.
(12) The leakage of water, electricity, sewage, gas or other utility service or product, as well as the defective piping, wiring, connection or other cause of such leakage.
(13) The discharge of any liquid or other waste on or into any street, alley, sidewalk, gutter or other public property or way or into or on any vacant lot.
(Code 1980, § 17-2)
Sec. 15-3. Prohibited.
It shall be unlawful for any person to cause, permit, maintain or allow the creation or maintenance of a nuisance.
(Code 1980, § 17-3)
Sec. 15-4. Notice to abate.
Whenever a nuisance is found to exist within the city, the com missioner of health or some other duly designated officer of the city shall give written notice to the owner or occupant of the property upon which such nuisance exists or upon the person causing or maintaining the nuisance.
(Code 1980, § 17-4)
Sec. 15-5. Contents of notice.
The notice to abate a nuisance issued under the provisions of this chapter shall contain:
(1) An order to abate the nuisance or to request a hearing within a stated time, which shall be reasonable under the circumstances.
(2) The location of the nuisance, if the same is stationary.
(3) A description of what constitutes the nuisance.
(4) A statement of acts necessary to abate the nuisance.
(5) A statement that if the nuisance is not abated as directed and no request for hearing is made within the prescribed time, the city will abate such nuisance and assess the cost thereof against such person.
(Code 1980, § 17-5)
Sec. 15-6. Service of notice.
The notice to abate a nuisance shall be served as any other legal process may be served pursuant to law.
(Code 1980, § 17-6)
Sec. 15-7. Abatement by city.
Upon the failure of the person upon whom notice to abate a nuisance was served pursuant to the provisions of this chapter to abate the same, the commissioner of health shall proceed to abate such nuisance and shall prepare a statement of costs incurred in the abatement thereof.
(Code 1980, § 17-7)
Sec. 15-8. City’s costs declared lien.
Any and all costs incurred by the city in the abatement of a nuisance under the provisions of this chapter shall constitute a lien against the property upon which such nuisance existed, which lien shall be filed, proven and collected as provided for by law. Such lien shall be notice to all persons from the time of its re cording, and shall bear interest at the legal rate thereafter until satisfied.
(Code 1980, § 17-8)
Sec. 15-9. Unoccupied buildings and structures to be se cured against unauthorized entry.
(a) Any owner of any unoccupied building or structure, whether business, residential or otherwise, shall secure the doors, windows and other points of entry of such building or structure against entry by persons not authorized by the owner to do so.
(b) Any owner of any unoccupied building or structure who does not secure such building as required by subsection (a) above shall be deemed guilty of an offense.
(c) Any person found to be in violation of subsection (a) above shall be punished as provided in section 1-9 of this Code.
(Ord. No. 782, §§ 1-3, 12-7-88)
Secs. 15-10-15-35. Reserved.
ARTICLE II. WEED CONTROL*
Sec. 15-36. Nuisance declared.
It is hereby declared that a growth of weeds or grass in excess of twelve (12) inches in height on parcels of land or in unaccepted alleys or streets in the city is dangerous to public health and safety and constitutes a public nuisance; and therefore any owner of any parcel of ground in the city who shall permit a growth of weeds or grass thereon, in excess of twelve (12) inches in height, or any owner of any parcel of land who shall permit a growth of weeds or grass in excess of twelve (12) inches in height in unaccepted alleys or streets abutting such parcel of land, shall be deemed to have committed a public nuisance.
(Code 1980, § 17-20)
Sec. 15-37. Enforcement.
It shall be the duty of the commissioner of health to enforce the provisions of this article.
(Code 1980, § 17-21)
Sec, 15-38. Application of article.
All the provisions of this article shall apply to occupiers, ten ants or lessees of any parcel of ground.
(Code 1980, § 17-22)
Sec. 15-39. Notice to abate.
In the event weeds or grass are permitted to grow or remain in excess of twelve (12) inches in height upon any parcel of land or upon any unaccepted alley or street in the city, the commissioner of health shall give notice thereof, either personally or by United States mail to the owner, or his agent, or by posting a notice thereon in the words and figures hereinafter specified, directing the owner or owners of any such parcel of land or directing the owner or owners of any parcel of land abutting any such unaccepted alley or street to appear before the municipal court at a time to be specified in such notice at least ten (10) days after the date of such notice and to show cause why the existence of such growth of weeds or grass should not be declared to be a public nuisance. The form of such notice shall be substantially as follows:
NOTICE
TO THE OWNER OR OWNERS OF THIS PROPERTY, TAKE NOTICE
You are hereby notified that there exists on this property a growth of weeds or grass in violation of Section 15-36 of the Code of Ordinances of the City of Wellston, and that a hearing will be held before the Municipal Judge of the City of Wellston
at the Municipal Court at the hour of 10:00 AM. on the _
day of ,19_atwhich time and place you may appear and show cause, if any you have, why the existence of said weeds or grass upon this property shall not be declared a public nuisance and an order issued abating same.
You are further notified that if the said growth of weeds or grass is not cut and removed within five (5) days from the date of such hearing, the same may be declared a public nuisance and removed; that the commissioner of health will have the same cut and removed and will certify the cost thereof to the city clerk who will cause a·special tax bill therefor to be issued against said property (or in the case of an unaccepted alley or street against the abutting property) to be collected by the city clerk with other taxes assessed against the property according
to law.
Commissioner of Health
*State law reference-Removal of weeds, RSMo 71.285.
NUISANCES § 15-42
The City of Wellston, Missouri this day of
,19 . (Code 1980, § 17-23)
Sec. 15-40. Adjudication.
In the event the commissioner of health shall post any notice in compliance with the provisions of section 15-39, he shall, on the date specified in such notice, present the facts concerning the same to the municipal judge who shall promptly hear and determine same, and, if it be determined that a growth of weeds or grass exists in violation oflaw, the judge shall declare the same to be a public nuisance and order that such grass or weeds be cut and removed within five (5) days from the date of the hearing. (Code 1980, § 17-24)
Sec. 15-41. Abatement by city.
In the event any order by the municipal judge, pursuant to notice and hearing as provided in this article, declaring the existence of weeds and grass to be a public nuisance and ordering the same to be cut and removed and in the further event that the owner shall fail or refuse to cut and remove such weeds or grass within five (5) days from the date of such order, then it shall be the duty of the commissioner of health to employ some efficient person at a reasonable price to cut and remove such weeds or grass.
(Code 1980, § 17-25)
Sec. 15-42. Special tax bill.
The commissioner of health shall certify the cost incurred by the city in abating any weeds or grass under the provisions of this article to the city clerk, who shall cause a special tax bill therefor against the property to be prepared and to be collected by the clerk, with other taxes assessed against the property. The tax bill from the date of its issuance shall be a first lien on the property until paid and shall be prima facie evidence of the recitals therein and of its validity, and no mere clerical error or informality in the same, or in the proceedings leading up to the issuance, shall be a defense thereto. Each special tax bill shall be issued by the city clerk on or before the first day of June of each year. Such tax bills if not paid when due shall bear interest at the rate of eight (8) percent per annum.
(Code 1980, § 17-26)
Sec. 15-43. Unlawful to allow weeds or grass to grow in violation of article.
It shall be unlawful for any owner or occupier of any parcel of land or unaccepted alley or street in the city to allow or suffer the growth of weeds or grass thereon in excess of twelve (12) inches. Any person violating this section shall be deemed guilty of an offense.
(Code 1980, § 17-27; Ord. No. 783, §§ 1, 4, 12-7-88)
Secs. 15-44—-15-65. Reserved.
ARTICLE III. NOISE
Sec. 15-66. Prohibited generally.
Subject to the provisions of this article, the creation of any unreasonably loud, disturbing and unnecessary noise is prohib ited. Noise of such character, intensity and duration as to be detrimental to the life or health of any individual is prohibited. (Code 1980, § 17-39)
Sec. 15-67. Loudspeakers, etc., on vehicles.
The use of any mechanical loudspeakers or amplifiers on moving vehicles, except where a specific permit is received from the mayor, so as to annoy or disturb the quiet or comfort of any person within a distance of ten (10) feet, shall be deemed to be unlawful and in violation of the provisions of this article.
(Code 1980, § 17-40; Ord. No. 873, § 2, 6-1-94)
Sec. 15-68. Playing games.
The playing in the open air of tennis, badminton, horseshoes, baseball or other outdoor game within one hundred (100) feet of any residence or building used or occupied for private family residential purposes between the hours of 12:00 midnight and 8:00 a.m. shall be deemed to be unlawful and a violation of the provisions of this article.
(Code 1980, § 17-41)
Sec. 15-69. Vehicle horns, signal devices.
The sounding of any horn or signal device on any automobile, motorcycle, bus or other vehicle while not in motion, except as a danger signal when another vehicle is approaching, apparently out of control, or ifin motion, only as a danger signal or as brakes are being applied and deceleration of the vehicle is intended; the creation by means of any such signal device of any unreasonably loud or harsh sound; and the sounding of such device for any unnecessary and unreasonable period of time shall be deemed to be unlawful and a violation of the provisions of this article. (Code 1980, § 17-42)
Sec. 15-70. Loudspeakers, etc., in merchandising.
The use of any drum, stationary loudspeaker or other like device for the purpose of attracting attention by creation of noise to any performance, show, or sale or display of merchandise; provided, however, that this subsection shall not be construed to apply to the use of loudspeakers by merchants during the Christmas season for the purpose of providing music and music only, in connection with window displays; provided further, that in the use of loudspeakers for such purposes, they shall be toned down so that the music will be of moderate and unobjectionable sound; shall be deemed to be unlawful and a violation of the provisions of this article.
(Code 1980, § 17-43)
Sec. 15-71. Radios, etc.
The playing of any television, radio, phonograph or other musical instrument in such a manner or with such volume so as to annoy or disturb the quiet, comfort or repose of any person in any dwelling, hotel or other type of residence, shall be deemed to be unlawful and a violation of the provisions of this article.
Provided, that any such noise that can be distinctly heard a distance of more than fifty (50) feet from its source shall be deemed excessive and unlawful.
(Code 1980, § 17-44; Ord. No. 873, § 4, 6-1-94)
Sec. 15-72. School, court, hospital zones.
The creation of any excessive noise on any street adjacent to any school, institution of learning or court while the same is in session, or within one hundred and fifty (150) feet of any hospital, which unreasonably interferes with the working of such institution; provided conspicuous signs are displayed in such streets indicating that the same is a school, court or hospital street, shall be deemed to be unlawful and a violation of the provisions of this article.
(Code 1980, § 17-45)
Sec. 15-73. Church zones.
The creation of any excessive noise on Sundays on any street adjacent to any church; provided conspicuous signs are displayed in such streets adjacent to churches indicating that the same is a church street, shall be deemed to be unlawful and a violation of the provisions of this article.
(Code 1980, § 17-46)
Sec. 15-74. Vehicle gongs, sirens.
The use of any gong or siren upon any vehicle, other than a police, fire or emergency vehicle, shall be deemed to be unlawful and a violation of the provisions of this article.
(Code 1980, § 17-47)
Sec. 15-75. Animals, birds.
The keeping of any animal or bird which, by causing frequent or long continued noise, shall disturb the comfort and repose of any person in the vicinity shall be deemed to be unlawful and a violation of the provisions of this article.
(Code 1980, § 17-48)
NUISANCES § 15-80
Sec. 15-76. Vehicle out of repair.
The use of any automobile, motorcycle or other vehicle so out of repair, so loaded or in such manner as to create loud or unnecessary grating, grinding, rattling or other noise, shall be deemed to be unlawful and a violation of the provisions of this article. (Code 1980, § 17-49)
Sec. 15-77. Steam whistles attached to stationary boilers.
The blowing of any steam whistle attached to any stationary boiler, except to give notice of the time to begin or to stop work or as a warning of danger, shall be deemed to be unlawful and a violation of the provisions of this article.
(Code 1980, § 17-50)
Sec. 15-78. Engine exhaust.
The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor vehicle or motorboat engine, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom, shall be deemed to be unlawful and a violation of the provisions of this article.
(Code 1980, § 17-51)
Sec. 15-79. Compressed air devices.
The use of any mechanical device operated by compressed air, unless the noise created thereby is effectively muffled and reduced, shall be deemed to be unlawful and a violation of the provisions of this article.
(Code 1980, § 17-52)
Sec. 15-80. Loading unloading.
The creation of loud and excessive noise in connection with loading or unloading any vehicle or the ·opening and destruction of bales, boxes, crates and containers shall be deemed to be un lawful and a violation of the provisions of this article.
(Code 1980, § 17-53)
Supp. No. 1 931
§ 15-81 WELLSTON CODE
Sec. 15-81. Bells, gongs on buildings.
The sounding of any bell or gong attached to any building or premises which disturbs the quiet or repose of persons in the vicinity thereof shall be deemed to be unlawful and a violation of the provisions of this article; provided, however, that this section shall not be applicable to fire or burglar alarms.
(Code 1980, § 17-54)
Sec. 15-82. Garages, filling stations.
The conducting, operating or maintaining of any garage or filling station in any residential district so as to cause loud or offensive noises to be emitted therefrom between the hours of 11:00 p.m. and 7:00 am. shall be deemed to be unlawful and a violation of the provisions of this article.
(Code 1980, § 17-55)
Secs. 15-83-15-90. Reserved.
ARTICLE IV. GRAFFITTI*
Sec. 15-91. Public nuisance.
The city hereby declares graffiti, as defined in this article, to be a public nuisance.
(Ord. No. 834, § 1, 1-2-92)
Sec. 15-92. Defined.
Graffiti is hereby defined as any mark or inscription on any public or private building or other structure which is exposed to public view unless the mark or inscription constitutes advertising property for sale, rental or for a business enterprise.
(Ord. No. 834, § 2, 1-2-92)
*Editor’s note-Ord. No. 834, enacted January 2, 1992, did not specifically amend the Code; inclusion of§§ 1-4, 6 as Art. IV, §§ 15-91-15-95 was at the discretion of the editor.
Supp. No. 1 932
NUISANCES § 15-95
Sec. 15-93. Building or structure.
It shall be unlawful for any person to insert graffiti on any building or other structure without the consent of the owner thereof.
(Ord. No. 834, § 3, 1-2-92)
Sec. 15-94. Removal.
An owner of property who fails to remove graffiti from his property after receiving ten (10) days’ advance written notice thereof from the city shall be guilty of a violation of this article.
(Ord. No. 834, § 4, 1-2-92)
Sec. 15-95. Prosecution.
Nothing in this article is intended to prevent the prosecution of any person for any other nuisances prohibited by the ordinances of the city, including but not limited to ordinances relating to the defacement of public or private property.
(Ord. No. 834, § 6, 1-2-92)
Supp. No. 1 933
[The next page is 983)
Art. I.
Art. II.
Art. III.
Art. IV.
Art. V.
In General,§§ 16-1-16-25
Abandoned Personal Property Other Than Vehicles, §§
16-26-16-50
Controlled Substances,§§ 16-51-16-80 Curfew for Minors,§§ 16-81-16-100
Offenses Against Morals and Public Policy,§§ 18-101-16-160
Div. 1. Generally, §§ 16-101-16-120
Div. 2. Pornography, §§ 16-121-16-135
Div. 3. Prostitution and Related Offenses, §§ 16-136-16-160
Art. VI. Offenses Against Property,§§ 16-161-16-195 Art. VII. Offenses Against Peace,§§ 16-196-16-225
Art. VIII. Offenses Against the Administration of Justice,§§ 16-226-16-260 Art. IX. Weapons,§§ 16-261-16-269
ARTICLE I. IN GENERAL
Sec. 16-1. Penalty.
Any person violating the provisions of this chapter shall be punished in accordance with the provisions of section 1-9 of this Code of Ordinances.
Secs. 16-2-16-25. Reserved.
ARTICLE II. ABANDONED PERSONAL PROPERTY OTHER THAN VEHICLES
Sec. 16-26. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
*Cross references-Alcoholic beverages, Ch. 3; civil defense, Ch. 6; court, Ch. 7.
Abandoned personal property means personal property, other than motor vehicles, which remains on the streets or other public property for more than forty-eight (48) hours, the owner of which cannot be located, or if located, refuses to remove the same immediately.
Unidentified personal property means personal property, other than motor vehicles, ownership of which cannot be ascertained.
Cross reference-Definitions and rules of construction generally, § 1-2.
Sec. 16-27. Abandoning prohibited.
No person owning or in charge of personal property shall leave or abandon the same upon the streets or upon other public places in this city.
Sec. 16-28. Authority to impound.
Members of the police department are herewith authorized to remove personal property to the nearest lot, or to a lot or other place designated by the chief of police or maintained by the police department, or otherwise enumerated, at the cost of the owner of such property when:
(1) Any personal property is placed in such manner as to constitute a definite hazard or obstruction to the movement of traffic.
(2) Any personal property is directly interfering with the maintenance and care or the emergency use of the streets by any proper department of the city.
(3) Any unidentified, stolen, wrecked, or abandoned personal property is found on a public street.
Sec. 16-29. Inventory of impounded property.
The police department is hereby authorized to inventory all personal property removed and impounded as provided in this article.
Secs. 16-30-16-50. Reserved.
OFFENSES AND MISCELLANEOUS PROVISIONS § 16-51
ARTICLE III. CONTROLLED SUBSTANCES*
Sec. 16-51. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Administer means the direct application of a drug or controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by:
(1) A practitioner (or, in his presence, by his authorized agent), or
(2) The patient or research subject at the direction and in the presence of the practitioner.
Controlled substance means any drug or substance included in Schedules I through V of the Uniform Controlled Substances Act found in RSMo chapter 195, including, but not limited to:
(1) Cocaine and its derivatives.
(2) Opiates and opium derivatives such as heroin, codeine, pethidine, and morphine.
(3) Hallucinogenic substances including lysergic acid, diethylamide, marijuana (Cannabis sativa L.), including seeds of mature plants, mescaline, psilocybin, and various types of methoxyamphetamines.
(4) Stimulants such as amphetamines and methamphetamines.
(5) Barbiturates and other depressants such as amobarbital, secobarbital, pentobarbital, phenobarbital, methaqualone, phencyclidine, and diazepam.
Deliver or delivery means the actual, constructive or attempted transfer from one person to another of a drug paraphernalia or of a controlled substance, or an imitation controlled substance whether or not there is an agency relationship, and includes a sale.
*Cross reference-Department of public health and welfare,§ 2-106 et seq.
Dispense means to deliver a drug or controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for such delivery.
Distribute means to deliver other than by administering or dispensing a drug or controlled substance.
Drug means:
(1) Substances recognized as drugs in the official United States pharmacopoeia, official homeopathic pharmacopoeia of the United States or official national formulary or any supplement to any of them.
(2) Substances intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or animals.
(3) Substances intended for use as a component of any article specified in this definition. It does not include devices or their components, parts or accessories.
Drug paraphernalia means all equipment, products and materials of any kind which are used, intended for use, or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or other wise introducing into the human body a controlled substance or an imitation controlled substance in violation of RSMo chapter
195. It includes, but is not limited to:
(1) Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing or harvesting of any spe cies of plant which is a controlled substance or from which a controlled substance can be derived.
(2) Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances or imitation controlled substances.
OFFENSES AND MISCELLANEOUS PROVISIONS § 16-51
(3) lsomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance, or an imitation controlled substance.
(4) Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effective ness or purity of controlled substances or imitation con trolled substances.
(5) Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances or imitation controlled substances.
(6) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use, or designed for use in cutting controlled substances or imitation controlled substances.
(7) Separation gins and sifters used, intended for use, or de signed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana.
(8) Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substances or imitation controlled substances.
(9) Capsules, balloons, envelopes and other containers used or intended for use in packaging small quantities of con trolled substances or imitation controlled substances.
(10) Containers and other objects used, intended for use, or de signed for use in storing or concealing controlled substances or imitation controlled substances.
(11) Hypodermic syringes, needles and other objects used or intended for use in parenterally injecting controlled sub stances or imitation controlled substances into the human body.
(12) Objects used or intended for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as:
a. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls.
b. Water pipes.
c. Carburetion tubes and devices.
d. Smoking and carburetion masks.
e. Roach clips meaning objects used to hold burning ma terial, such as a marijuana cigarette, that has become too small or too short to be held in the hand.
f. Miniature cocaine spoons and cocaine vials.
g. Chamber pipes.
h. Carburetor pipes.
i. Electric pipes.
j. Air-driven pipes.
k. Chillums.
l. Bongs.
m. Ice pipes or chillers.
In determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to all other logi cally relevant factors, the following:
(1) Statements by an owner or by anyone in control of the object concerning its use.
(2) Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance or imitation controlled substance.
(3) The proximity of the object, in time and space, to a direct violation of this article.
(4) The proximity of the object to controlled substances or imitation controlled substances.
(5) The existence of any residue of controlled substances or imitation controlled substances on the object.
(6) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons who he knows, or reasonably should know, intend to use the object to facilitate a violation of this article; the innocence of an owner, or of anyone in control of the object, as to a direct violation of this subchapter shall not prevent a finding that the object is intended for use as drug para phernalia.
(7) Instructions, oral or written, provided with the object concerning its use.
(8) Descriptive materials accompanying the object which ex plain or depict its use.
(9) National and local advertising concerning its use.
(10) The manner in which the object is displayed for sale.
(11) Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise.
(12) The existence and scope of legitimate uses for the object in the community.
(13) Expert testimony concerning its use.
Imitation controlled substance means a substance that is not a controlled substance, which by dosage unit appearance (including color, shape, size and markings), or by representations made, would lead a reasonable person to believe that the substance is a con trolled substance. In determining whether the substance is an imitation controlled substance the court or authority concerned should consider, in addition to all other logically relevant factors, the following:
(1) Whether the substance was approved by the Federal Food and Drug Administration for over-the-counter (nonprescription or non-legend) sales and was sold in the Federal Food and Drug Administration approved package, with the Federal Food and Drug Administration approved labeling in formation.
(2) Statements made by an owner or by anyone else in control of the substance concerning the nature of the substance, or its use or effect.
(3) Whether the substance is packaged in a manner normally used for illicit controlled substances.
(4) Prior convictions, if any, of an owner, or anyone in control of the object, under state or federal law related to con trolled substances or fraud.
(5) The proximity of the substances to controlled substances.
(6) Whether the consideration tendered in exchange for the noncontrolled substance substantially exceeds the reason able value of the substance considering the actual chemical composition of the substance and, where applicable, the price at which over-the-counter substances of like chemical composition sell. An imitation controlled substance does not include a noncontrolled substance that was initially introduced in commerce prior to the initial introduction into commerce of the controlled substance which it is alleged to imitate. Furthermore, an imitation controlled sub stance does not include a placebo or registered investigational drug either of which was manufactured, distributed, possessed or delivered in the ordinary course of professional practice or research.
License or licensed means persons required to obtain annual registration as issued by the state division of health as provided by RSMo 195.030.
Manufacture means the production, preparation, propagation, compounding, conversion or processing of drug paraphernalia or of a controlled substance or an imitation controlled substance, either directly or indirectly by extraction from substances of natural origin or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that this term does not include the preparation or compounding of a controlled substance or an imitation controlled substance by an individual for his own use or the preparation, compounding, packaging or labeling of a narcotic or dangerous drug:
(1) By a practitioner as an incident to his administering or dispensing of a controlled substance or an imitation con trolled substance in the course of his professional practice.
(2) By a practitioner or by his authorized agent under his supervision for the purpose of or as an incident to research, teaching or chemical analysis and not for sale.
Marijuana means all parts of all varieties of the plant cannabis, whether growing or not, the seeds thereof, the resin extracted from any part of the plant and every compound, manu facture, salt, derivative, mixture or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil or cake or the sterilized seed of the plant which is incapable of germination. For purposes of this section, marijuana is also botanically known as: Cannabis sativa, cannabis indica, commonly called Indian hemp, Mexican hemp, marijuana, muggles mooter or any drug or preparation made from any species or variety of the botanical genus cannabis or any compound derivative or preparation of the above mentioned plant.
Pharmacist means an individual currently licensed by the state board to practice the profession of pharmacy in this state.
Practitioner means a physician, dentist, podiatrist as defined in RSMo chapter 330, veterinarian, scientific investigator or other person licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or administer a con trolled substance in the course of professional practice or research in this state, or a pharmacy, hospital or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to or administer a controlled substance in the course of professional practice or research in this state.
Prescription means a written order, and in cases of emergency, a telephone order, issued by a practitioner in good faith in the course of his professional practice to a pharmacist for a drug for a particular patient, which specifies the date of its issue, the name and address of the patient (and, if such drug is prescribed for an animal, the species of such animal), the name and quantity of the drug prescribed, the directions for use of such drug, and the sig nature of such practitioner.
Production includes the manufacture, planting, cultivation, growing or harvesting of drug paraphernalia or of a controlled substance or an imitation controlled substance.
Warehouseman means a person who, in the usual course of business, stores drugs for others lawfully entitled to possess them and who has no control over the disposition of such drugs except for the purpose of such storage.
Wholesaler means a person engaged in the business of distributing drugs.
Cross reference-Definitions and rules of construction generally, § 1-2.
State law reference-Similar provisions, RSMo 195.010.
Sec. 16-52. Prohibited acts; exemptions.
(a) No person shall sell, give away, manufacture, use or possess for any purpose whatever any controlled substance except as pro vided herein.
(b) Distribution by licensed practitioners is permitted under the following conditions:
(1) Practitioners. A licensed practitioner shall be permitted to dispense or distribute controlled substances and drugs to a person in the course of his professional practice only; and such licensed practitioner shall not be permitted to possess controlled substances for any other purpose.
(2) Pharmacists. A licensed pharmacist shall be permitted to dispense or distribute controlled substances and drugs to persons under and in pursuance of written prescriptions issued by any licensed practitioner; and such licensed pharmacist shall not be permitted to possess controlled sub stances for any other purpose.
(3) Record of distribution. All instances of professional distribution of controlled substances and drugs as provided for herein shall be recorded in suitable form and filed and preserved in a manner so as to be readily accessible for inspection by any law enforcement officer of the city.
(4) Renewal prohibited. No prescription for controlled sub stances shall be renewed or refilled.
(c) Any person shall be permitted to possess controlled sub stances distributed or dispensed to him under the provisions of this section, but such possession and use must be in accordance with the prescription and prescribed treatment.
(d) A person who is a licensed manufacturer, warehouseman, or wholesaler of controlled substances shall be permitted to possess controlled substances for the purposes of wholesale delivery, compounding, preparation, and manufacture only; and the same shall only be resold to other persons permitted by this section to resell, or dispense or distribute controlled substances in the course of a licensed manufacturing or wholesale business; a licensed professional practice, or a licensed pharmaceutical business. A licensed manufacturer or wholesaler permitted to possess con trolled substances in subsection (d) may also be a licensed pharmacist and may dispense or distribute narcotic drugs upon written prescription as provided herein, but shall not consume or permit to be consumed any controlled substances except upon written prescription as herein provided.
(e) All controlled substances in the possession of any person convicted of a violation of this section shall be seized by, confiscated by and forfeited to the chief of police, who shall make proper disposition thereof.
(f) This section shall not apply to the administering or distributing or dispensing of any medicinal preparation that contains in one (1) fluid ounce, or if in solid or semi-solid preparation in one
(1) avoirdupois ounce, not more than one (1) grain of codeine or any of its salts; provided that, the preparation administered or distributed or dispensed shall contain some drug or drugs of medicinal qualities in addition to those possessed by the controlled substance alone. Such preparation shall be administered, distributed, or dispensed in good faith and not for the purpose of evading this subsection. However, no person shall administer, dispense, or sell, under the exemption of this section, any preparation included in this subsection, when he knows, or can by reasonable diligence ascertain, that such administering, dispensing, or selling, will provide the person to whom or for whose use such preparation is administered, dispensed, or sold, within any forty-eight
(48) consecutive hours, with more than four (4) grains of codeine or any of its salts.
(g) The provisions of this section restricting the possession and control of controlled substances shall not apply to common carriers or warehousemen engaged in lawfully transporting or storing such controlled substances, or to any employee of such common carriers or warehousemen within the scope of his employment, or to public officers of employees in the performance of official duties requiring possession or control of controlled substances, or to per sons aiding such officers or employees in performance of such duties.
Sec. 16-53. Drug paraphernalia-Possession.
It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of this article.
Sec. 16-54. Same-Manufacture or delivery generally.
It is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of this article.
Sec. 16-55. Same-Delivery to a minor.
Any person eighteen (18) years of age or over who violates section 16-54 by delivering drug paraphernalia to a person under eighteen (18) years of age who is at least three (3) years his junior is guilty of a special offense.
Sec. 16-56. Delivery of imitation controlled substance to any person.
It shall be unlawful for any person to deliver any imitation controlled substance to another person.
Sec. 16-57. Glue sniffing.
(a) As used in this section, the term “model glue” shall mean any glue or cement of the type commonly used in the building of model airplanes, boats, and automobiles, containing toluene, acetone or other solvent or chemical having the property of re leasing toxic vapors.
(b) No person shall, for the purpose of causing a condition of intoxication, euphoria, excitement, exhilaration, stupefaction or dulling of the senses or nervous system, intentionally smell or inhale the fumes from any model glue; provided, however, that, this section shall not apply to the inhalation of any anesthesia for medical or dental purposes.
(c) No person shall for the purpose of violating or aiding an other to violate any provision of this section intentionally possess, buy, sell, transfer possession or receive possession of any model glue.
(d) Except as provided in subsection (d)(2) hereof and also sub section (e), no person under eighteen (18) years of age shall possess or buy any model glue.
(1) Except as provided in subsection (d)(2) hereof and also sub section (e), no person shall sell or transfer possession of any model glue to another person under eighteen (18) years of age.
(2) Provided however, a person may sell or transfer possession of model glue to a person under eighteen (18) years of age for model building or other lawful use where such minor has in his possession and exhibits the written consent of his parent or guardian.
(e) A person making a sale or transfer of possession of model glue to a person under eighteen (18) years of age who exhibits the written consent of his parent or guardian, shall record the name, address, sex, and age of the minor and the name and address of the consenting parent or guardian. All data required by this sub section shall be kept in a permanent type register available for inspection by the city health officer, chief of police and other appropriate official for a period of at least one (1) year.
(1) All model glue as herein defined shall be kept in a place within the business establishment in such a manner that the same shall not be obtainable without the personal dispensing by the store owner or his agents, servants and employees.
(2) Any person other than a minor violating any of the provisions of this section shall be deemed guilty of a misdemeanor. Persons not having obtained the age of seventeen
(17) violating any of the provisions of this section shall be dealt with in accordance with juvenile laws and procedures of the state.
Sec. 16-58. Conspiracy.
(a) It shall be unlawful for any person to agree with any other person to engage in conduct which constitutes an offense under this article when the purpose of such agreement is to promote or facilitate the commission of the offense. ·
(b) A person shall be convicted of conspiracy to commit an offense only if an overt act in pursuance of such conspiracy is alleged and proved to have been done by him or by a person with whom he conspired. A person may not be convicted of conspiracy if, after conspiring to commit the offense, he prevented the accomplishment of the objectives of the conspiracy under circumstances manifesting a renunciation of his criminal purpose and has either advised those with whom he has conspired of his abandonment, or has informed the law enforcement authorities of the existence of the conspiracy and his participation in it.
(c) If a person conspires to commit a number of offenses, he is guilty of only one (1) conspiracy so long as such multiple offenses are the object of the same agreement.
(d) A person may not be convicted or sentenced on the basis of the same course of conduct of both the actual commission of an offense and a conspiracy to commit that offense.
(e) For the purpose of any applicable statute of limitations, a conspiracy is a continuing course of conduct which terminates when the offense or offenses which are its object are committed or the agreement that they be committed is abandoned by the defendant and by those with whom he conspired.
(f) In determining whether any person is guilty of conspiracy, a court or other authority may consider, in addition to all other logically relevant factors, whether the individual charged:
(1) Provided materials necessary for the commission of any offense under this article with the knowledge or intent that they be used in the commission of such offense.
(2) Rented or otherwise provided premises to any person with the knowledge or intent that such premises will be used in committing an offense under this article.
(3) Placed any newspaper, magazine, handbill or other publication, or posted, or distributed in any public place, any advertisement or solicitation with the knowledge that the purpose of the advertisement or solicitation is to promote activities which would constitute an offense under this article.
Sec. 16-59. Marijuana and hashish.
(a) The possession, sale, distribution or transfer of marijuana in the amounts of thirty-five (35) grams or less, or hashish in the amount of five (5) grams or less is unlawful, except in the usual course of business or practice, or in the performance of their official duties by the following persons:
(1) Persons licensed under the provisions of RSMo chapters 330, 332, 334, 335, 338 and 340.
(2) Persons who procure controlled substances:
a. For handling by or under the supervision of persons employed by them, who are licensed under the provisions of RSMo chapters 330, 332, 334, 335, 338 and 340.
b. For the purpose of lawful research, teaching or testing
and not for resale.
(3) Hospitals and other institutions which procure controlled substances for lawful administration by persons described in subsection (1).
(4) Officers or employees of appropriate enforcement agencies of federal, state or local governments, pursuant to their duties in enforcing the provisions of this chapter.
(5) Manufacturers and wholesalers of controlled substances.
(6) Carriers and warehousemen handling or distributing con trolled substances or drugs.
(7) Persons using controlled substances for medical purposes upon the written prescription or personal dispensation by a person licensed under the provisions of RSMo chapters 330, 332, 334, 338 and 340.
(b) Any person who violates the provision of this article shall be guilty of a misdemeanor and punished as provided in section 1-9 of this Code.
Secs. 16-60-16-80. Reserved.
ARTICLE IV. CURFEW FOR MINORS
Sec. 16-81. Established-Under eighteen.
It shall be unlawful for any minor under the age of eighteen
(18) years to loiter, ramble, play or frequent the sidewalks, streets, alleys or public places of this city after the hour of 12:00 mid night, unless such minor is accompanied by a parent, guardian or other person having legal custody of such minor, or is in the performance of an errand or duty directed by such parent or guardian or legal custodian, or whose employment makes it necessary to be upon such streets, alleys or public places during the nighttime, or is in attendance or going to or coming from an activity sponsored by or under the direction of the public schools or churches, after such specified hour of 12:00 midnight.
Sec. 16-82. Same-Under seventeen.
(a) Generally. It shall be unlawful for any juvenile under the age of seventeen (17) years to loiter, ramble, play or frequent the sidewalks, streets, alleys or public places of this city after the hour of 11:00 p.m., unless such juvenile is accompanied by a parent, guardian or other person having legal custody of such juvenile, or is in the performance of an errand or duty directed by such parent or guardian or legal custodian, or whose employment makes it necessary to be upon such streets, alleys or public places during the nighttime, or is in attendance or going to or coming from an activity sponsored by or under the direction of the public schools or churches, after such specified hour of 11:00 p.m.
(b) Parental responsibility. It is hereby made unlawful for any parent, guardian or person having the legal care or custody of any such juvenile to allow or permit such juvenile to loiter, ramble, play or frequent sidewalks, streets, alleys or public places of this city in the nighttime as specified in subsection (a) of this section.
Sec. 16-83. Definitions.
The following words and phrases when used in this article shall, for purposes of this article, have the meanings respectively ascribed to them in this section except when the context other wise requires:
Curfew hours means 10 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday until 6 a.m. of the following day, and 11
p.m. until 6 a.m. of the following day on any Friday or Saturday.
Emergency means any unforeseen combination of circumstances or the resulting state that calls for immediate action, including but not limited to fire, natural disaster, automobile collision, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
Establishment means any privately owned place of business operated for a profit to which the public is invited, including but not limited to any place of amusement or entertainment.
Guardian means a person who, under court order, is the guardian of the person or minor, or a public or private agency with whom a minor has been placed by a court.
Knowingly means knowledge which a parent should reason ably be expected to have concerning the whereabouts of a minor in that parent’s legal custody. It is intended to continue to keep neglectful or careless up to a reasonable community standard of parental responsibility through an objective test. It shall, a fortiori, be no defense that a parent was completely indifferent to the activities or conduct or whereabouts of such minor.
Minor means any person under seventeen (17) years of age who is not legally emancipated.
Operator means any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partner of an association or partnership and the officers of a corporation.
Parent means a person who is a natural parent, adoptive parent or stepparent of another person, or at least eighteen (18) years of age and is authorized by a parent or guardian to have the care and custody of a minor.
Public place means any place to which the public or a substantial group of the public has access and includes but is not limited to streets, highways, and the common areas of schools, hospitals, department houses, office buildings, transport facilities, and shops.
Remain means to linger or stay, or to fail to leave the premises when requested to do so by a police officer, or the owner, operator, or other person in control of the premises.
Serious bodily injury means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or loss or protracted impairment of the function of any bodily member or organ.
(Ord. No. 915, § 1, 6-5-96)
Sec. 16-84. Offenses.
(a) A minor commits an offense if he remains in any public place or on the premises of any establishment within the city during curfew hours.
(b) A parent or guardian of a minor commits an offense if he knowingly permits, or by insufficient control allows the minor to remain in any public place or on the premises of any establish ment within the city during curfew hours.
(c) The owner, operator, or any employee of an establishment commits an offense if he knowingly allows a minor to remain upon the premises of the establishment during curfew hours. (Ord. No. 915, § 1, 6-5-96)
Sec. 16-85. Defenses.
(a) It is a defense to prosecution under section 16-84 that the minor was:
(1) Accompanied by the minor’s parent or guardian;
(2) On an errand at the direction of the minor’s parent or guardian, without any detour or stop;
(3) In a motor vehicle involved in interstate travel;
(4) Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
(5) Involved in an emergency;
(6) Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the city, a civic organization, or other similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the city, a civic organization, or other similar entity;
(7) Married or had been married or had disabilities of minority removed in accordance with state law.
(b) It is a defense to prosecution under subsection 16-84(c) that the owner, operator, or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave.
(Ord. No. 915, § 1, 6-5-96)
Sec. 16-86. Enforcement/police procedures.
(a) Before taking any enforcement action under this section, a police officer shall ask the apparent offender’s age and reason for being in the public place. The police officer shall not issue a citation or make an arrest under this section unless the police officer has probable cause to believe that an offense has occurred and that, based on any response and other circumstances, no defense in section 16-85 is present.
(b) Every member of the police force, while on duty is authorized to detain or have detained any minor violating this article, until the parent or legal guardian shall take the minor into custody; but such officer shall immediately upon taking custody of the minor, have attempts initiated to communicate with the parent or guardian.
(c) In the case of a first violation by a minor, the chief of police shall by certified mail, send to the parent or guardian a written notice of the violation with a warning that any subsequent violation will result in full enforcement of the curfew ordinance, including enforcement of the parental responsibility provisions and applicable penalties.
(Ord. No. 915, § 1, 6-5-96)
Sec. 16-87. Penalties.
(a) A person who violates a provision of this article is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. Each offense, upon conviction, is punishable by a fine not to exceed five hundred dollars ($500.00) and/or ninety (90) days in jail and/or one hundred (100) hours of community service.
OFFENSES AND MISCELLANEOUS PROVISIONS § 16-103
(b) When required by state law, the municipal court shall waive original jurisdiction over the minor who violates subsection 16-84(a) and shall refer the minor to the county juvenile court. (Ord. No. 915, § 1, 6-5-96)
Secs. 16-88-16-100. Reserved.
ARTICLE V. OFFENSES AGAINST MORALS AND PUBLIC POLICY*
DIVISION 1. GENERALLY
Sec. 16-101. Indecent exposure.
A person commits the crime of indecent exposure if he/she knowingly exposes his/her genitals or buttocks or a female exposes her breasts or is clothed in such a manner under circumstances in which he/she knows his/her conduct will reason ably cause alarm or embarrassment to other persons.
Sec. 16-102. Window peeping.
No person shall look, pear, or peep into, or loiter around or within view of any window within a building occupied as a residence of another with the intent of watching or looking through such window to observe any person undressed, or in the act of dressing or undressing.
Sec. 16-103. Palmistry.
(a) It shall be unlawful for any person, for pay, to tell or pretend to tell fortunes or reveal or attempt to reveal future events in the life of another or by means of occult or psychic powers, faculties or forces, clairvoyancy, psychometry, spirit mediumship, prophecy, astrology, palmistry, necromancy, cards, talisman charms, potions, magnetism or magnetized articles or substances, oriental mysteries or magic of any kind or nature, to undertake or pretend to find or restore lost or stolen money or property, to undertake or pretend to locate oil wells, gold or silver or other ore or metal or natural product, to undertake or pretend to restore lost love, friendship or affection, to undertake or pretend to unite, or reunite or to find lovers, husbands, wives, lost relatives or friends.
(b) Any person, or anyone acting in behalf of such person, violating any of the provisions of this section shall be guilty of a misdemeanor.
*Cross reference-Cruelty to animals, § 4-4.
Sec. 16-104. Unlawful transactions with a child.
A person commits the crime of unlawful transactions with a child if, being a pawnbroker, junk dealer, dealer in secondhand goods, or any employee of such person, he, with criminal negligence, buys or receives any personal property other than agricultural products from an unemancipated minor, unless the child’s custodial parent or guardian has consented in writing to the transaction; or he knowingly permits a minor child to enter or remain in a place where illegal activity in controlled substances, as defined in RSMo chapter 195, is maintained or conducted; or he with criminal negligence sells blasting caps, bulk gun powder, or explosives to a child under the age of seventeen (17), or fireworks as defined in RSMo 320.110 to a child under the age of fourteen (14), unless the child’s custodial parent or guardian has consented in writing to the transaction. Criminal negligence as to the age of the child is not an element to this crime.
State law reference-Similar provisions, RSMo 568.070.
Sec. 16-105. Unlawful acts by minors.
(a) It shall be unlawful for a minor to make false statements, or to furnish or present any fictitious or false registration card, iden tification card, or note or document, or to furnish, present or exhibit such document or documents issued to a person other than the one presenting the same, for the purpose of gaining admission to prohibited places or for the purpose of procuring the sale, gift, or delivery of prohibited articles.
(b) It shall be unlawful for a minor to engage or utilize the services of any other person, whether for remuneration or not, to procure for such minor any article which the minor is forbidden by law to purchase.
(c) It shall be unlawful for any minor to hang onto any moving vehicle.
Sec. 16-106. Endangering the welfare of a child.
(a) A person commits the crime of endangering the welfare of a child if:
(1) He with criminal negligence acts in a manner that creates a substantial risk to the life, body or health of a child less than seventeen (17) years old.
(2) He knowingly encourages, aids or causes a child less than seventeen (17) years old to engage in any conduct which causes or tends to cause the child to come within the pro visions of paragraph (d) of subdivision (2) of subsection 1 or subdivision (3) of subsection 1 of RSMo 211.031.
(3) Being a parent, guardian or other person legally charged with the care or custody of a child less than seventeen (17) years old, he recklessly fails or refuses to exercise reason able diligence in the care or control of such child to prevent him from coming within the provisions of paragraph (d) of subdivision (2) of subsection 1 or subdivision (3) of subsection 1 of RSMo 211.031.
(b) Nothing in this section shall be construed to mean the wel fare of a child is endangered for the sole reason that he is being provided nonmedical remedial treatment recognized and per mitted under the laws of this state.
State law reference-Similar provisions, RSMo 568.050.
Sec. 16-107. Unlawful assembly.
A person commits the crime of unlawful assembly if he knowingly assembles with six (6) or more other persons and agrees with such persons to violate any of the criminal laws of this state, the United States or the ordinances of the city with force or violence.
Sec. 16-108. Rioting.
A person commits the crime of rioting if he knowingly assembles with six (6) or more other persons and agrees with such persons to violate any of the criminal laws of this state, the United States, or the ordinances of the city with force or violence, and thereafter, while still so assembled, does violate any of such laws with force or violence.
Sec. 16-109. Refusal to disperse.
A person commits the crime of refusal to disperse if, being present at the scene of an unlawful assembly, or at the scene of a riot, he knowingly fails or refuses to obey the lawful command of a law enforcement officer to depart from the scene of such un lawful assembly or riot.
Sec. 16-110. Sound amplifying equipment prohibited.
(a) No person shall use, or cause to be used, sound amplifying equipment or other machine or device used for the amplification of the human voice, music or any other sound for the purpose of casting human voices, music, or other sounds upon the public streets of the city.
(b) Sound amplifying equipment as set out in subsection (a) of this section shall not be construed as including standard automobile radios when used and heard only by the occupants of the vehicle or building in which they are installed. Warning devices on vehicles or buildings used only for traffic safety, police or security purposes shall not be included in the definition of sound amplifying equipment.
(c) Persons or groups desiring to use such devices set out in subsection (a) of this section for noncommercial use may file a request for the issuance of a permit with the mayor. Such request shall include the name and address of applicant, time, date and place for use of the sound amplifying equipment, the purpose for which such use is intended, and the approximate maximum distance such equipment is possible of projecting the amplified sound. When any person is using such devices pursuant to and in accordance with the terms of such a permit granted by the mayor, he shall not be deemed in violation of subsection (a) of this section.
Sec. 16-111. Urinating in public.
It shall be unlawful for any person within the city to urinate in or upon any street, park, any public place open to the public or private place open to the public view other than in the restroom facilities provided for such activity.
Secs. 16-112-16-120. Reserved.
DMSION 2. PORNOGRAPHY
Sec. 16-121. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Displays publicly means exposing, placing, posting, exhibiting or in any fashion displaying in any location, whether public or private, an item in such a manner that it may be readily seen and its content or character distinguished by normal unaided vision viewing it from a street, highway or public sidewalk, or from the property of others or from the person’s store, or the exhibitor’s store or property when items and material other than this material are offered for sale or rent to the public.
Explicit sexual material means any pictorial or three dimensional material depicting human masturbation; deviate sexual intercourse, sexual intercourse, direct physical stimulation of unclothed genitals, sadomasochistic abuse or emphasizing the depiction of post-pubertal human genitals; provided, however, that works of art or of anthropological significance shall not be deemed to be within the foregoing definition.
Furnish means to issue, sell, give, provide, lend, mail, deliver, transfer, circulate, disseminate, present, exhibit or otherwise pro vide.
Material means anything printed or written, or any picture, drawing, photograph, motion picture film, videotape or videotape production or pictorial representation, or any statue or other figure, or any recording or transcription, or any mechanical, chemical or electrical reproduction, or anything which is or may be used as a means of communication. “Material” includes undeveloped photographs, molds, printing plates and other latent representational objects.
Minor means any person under the age of eighteen (18).
Nudity means the showing of post-pubertal human genitals or pubic area, with less than a fully opaque covering.
Obscene means any material or performance if:
(1) Applying contemporary community standards, its predominant appeal is to prurient interest in sex; and
(2) Taken as a whole with the average person, applying con temporary community standards, it depicts or describes sexual conduct in a patently offensive way; and
(3) Taken as a whole, it lacks serious literary, artistic, political or scientific value. Obscenity shall be judged with reference to its impact upon ordinary adults.
Performance means any play, motion picture film, video tape, dance or exhibition performed before an audience of one (1) or more.
OFFENSES AND MISCELLANEOUS PROVISIONS § 16-122
Pornographic for minors means any material or performance if the following apply:
(1) The average person, applying contemporary community standards, would find that the material or performance, taken as a whole, has a tendency to cater or appeal to a prurient interest of minors; and
(2) The material or performance depicts or describes nudity, sexual conduct, sexual excitement or sadomasochistic abuse in a way which is patently offensive to the average person applying contemporary adult community standards with respect to what is suitable for minors; and
(3) The material or performance, taken as a whole, lacks serious literary, artistic, political or scientific value for minors.
Promote means to manufacture, issue, sell, provide, mail, de liver, transfer, transmute, publish, distribute, circulate, disseminate, present, exhibit or advertise, or to offer or agree to do the same.
Sadomasochistic abuse means flagellation or torture by or upon a person as an act of sexual stimulation or gratification.
Sexual conduct means actual or simulated, normal or perverted acts of human masturbation, deviate sexual intercourse, sexual intercourse or physical contact with a person’s clothed or un clothed genitals, pubic area, buttocks or the breast of a female in an act of apparent sexual stimulation or gratification or any sadomasochistic abuse or acts including animals or any latent objects in an act of apparent sexual stimulation or gratification.
Sexual excitement means the condition of human male or female genitals when in a state of sexual stimulation or arousal.
Cross reference-Definitions and rules of construction generally, § 1-2.
State law reference-Similar provisions, RSMo 573.010.
Sec. 16-122. Promoting obscenity.
A person commits the crime of promoting pornography for minors or obscenity if, knowing its content or character, he:
(1) Promotes or possesses with the purpose to promote any obscene material for pecuniary gain; or
(2) Produces, presents, directs or participates in any obscene performance for pecuniary gain; or
(3) Promotes or possesses with the purpose to promote any material pornographic for minors for pecuniary gain; or
(4) Produces, presents, directs or participates in any performance pornographic for minors for pecuniary gain.
State law reference-Similar provisions, RSMo 573.030.
Sec. 16-123. Furnishing pornographic materials to minors.
A person commits the crime of furnishing pornographic mate rial to minors if, knowing its content and character, he furnishes any material pornographic for minors, knowing that the person to whom it is furnished is a minor or acting in reckless disregard of the likelihood that such person is a minor; or produces, presents, directs or participates in any performance pornographic for mi nors which is furnished to a minor knowing that any person viewing such performance is a minor or acting in reckless disregard of the likelihood that a minor is viewing the performance.
State law reference-Similar provisions, RSMo 573.040.
Sec. 16-124. Evidence in obscenity and child pornography cases.
(a) In any prosecution under this chapter evidence shall be admissible to show:
(1) What the predominant appeal of the material or performance would be for ordinary adults or minors.
(2) The literary, artistic, political or scientific value of the material or performance.
(3) The degree of public acceptance in this state and in the local community.
(4) The appeal to prurient interest in advertising or other pro motion of the material or performance.
(5) The purpose of the author, creator, promoter, furnisher or publisher of the material or performance.
OFFENSES AND MISCELLANEOUS PROVISIONS § 16-126
(b) Testimony of the author, creator, promoter, furnisher or publisher, or expert testimony, relating to factors entering into the determination of the issues of obscenity or child pornography, shall be admissible.
(c) In any prosecution for possession of child pornography or promoting child pornography in the first or second degree, the determination that the person who participated in the child pornography was younger than eighteen (18) years of age may be made as set forth in RSMo 568.100 or reasonable inferences drawn by a judge or jury after viewing the alleged pornographic material shall constitute sufficient evidence of the child’s age to sup port a conviction.
(d) In any prosecution for promoting child pornography in the first or second degree, no showing is required that the performance or material involved appeals to prurient interest, that it lacks serious literary, artistic, political or scientific value, or that it is patently offensive to prevailing standards in the community as a whole.
State law reference-Similar provisions, RSMo 573.050.
Sec. 16-125. Public display of explicit sexual material.
A person commits the crime of public display of explicit sexual material if he knowingly displays publicly explicit sexual material; or fails to take prompt action to remove such a display from property in his possession after learning of its existence.
State law reference-Similar provisions, RSMo 573.060.
Sec. 16-126. Exhibition or display for sale of certain materials to minors.
(a) It shall be unlawful for any person to exhibit or display for sale in any place open to or used by persons seventeen (17) years old or younger any book, pamphlet, or magazine containing on its cover (or open to public view) pictures, figures, drawings, lithographs, engravings, photographs or other representations of the pubic area of the human body without fully opaque covering thereof or the female breasts with less than fully opaque covering of the portions thereof below the top of the complete nipple area, including the areola.
(b) Any merchant found guilty under subsection (a) of this section shall be subject to having his business license suspended up to thirty (30) days, and punishment as provided in section 1-9 of this Code.
Secs. 16-127-16-135. Reserved.
DIVISION 3. PROSTITUTION AND RELATED OFFENSES
Sec. 16-136. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Patronizing prostitution means a person:
(1) Pursuant to a prior understanding, giving something of value to another person or compensation for that person or a third person having engaged in sexual conduct with him or with another.
(2) Giving or agreeing to give something of value to another person on an understanding that in return therefor that person or a third person will engage in sexual conduct with him or with another.
(3) Soliciting or requesting another person to engage in sexual conduct with him or with another, or to secure a third person to engage in sexual conduct with him or with an other, in return for something of value.
Prostitution means a person engaging or offering or agreeing to engage in sexual conduct with another person in return for some thing of value to be received by the person or by a third person.
Sexual conduct occurs when there is:
(1) “Sexual intercourse” which means any penetration how ever slight, of the female sex organ by the male sex organ, whether or not an emission results; or
OFFENSES AND MISCELLANEOUS PROVISIONS § 16-140
(2) “Deviate sexual intercourse” which means any sexual act involving the genitals of one person and the mouth, tongue or anus of another person; or
(3) “Sexual contact” which means any touching, manual or otherwise, of the anus or genitals of one person by another, done for the purpose of arousing or gratifying sexual desire of either party.
Something of value means any money or property, or any token, object or article exchangeable for money or property.
Cross reference-Definitions and rules of construction generally, § 1-2.
State law reference-Similar provisions, RSMo 567.010.
Sec. 16-137. Prostitution.
A person commits the crime of prostitution if he performs an act of prostitution.
State law reference-Similar provisions, RSMo 567.020.
Sec. 16-138. Patronizing prostitution.
A person commits the crime of patronizing prostitution if he patronizes prostitution.
State law reference-Similar provisions, RSMo 567.030.
Sec. 16-139. Prostitution and patronizing prostitution; sex
of parties no defense,
In any prosecution for prostitution or patronizing a prostitute, the sex of the two (2) parties or prospective parties to the sexual conduct engaged in, contemplated or solicited is immaterial, and it is no defense that both parties were of the same sex; or the person received, agreed to receive or solicited something of value was a male and the person who gave or agreed or offered to give something of value was a female.
State law reference-Similar provisions, RSMo 567.040.
Sec. 16-140. Prostitution houses deemed public nuisances.
(a) Any room, building or other structure regularly used for sexual contact for pay or any unlawful prostitution activity prohibited by this Code or state law is a public nuisance.
(b) The city attorney may, in addition to all criminal sanctions, prosecute a suit in equity to enjoin the nuisance. If the court finds that the owner of the room, building or structure knew or had reason to believe that the premises were being used regularly for sexual contact for pay or unlawful prostitution activity, the court may order that the premises shall not be occupied or used for such period as the court may determine, not to exceed one (1) year.
(c) All persons, including owners, lessees, officers, agents, in mates or employees, aiding or facilitating such a nuisance may be made defendants in any suit to enjoin the nuisance, and they may be enjoined from engaging in any sexual contact for pay or un lawful prostitution activity anywhere within the jurisdiction of the court.
State law reference-Similar provisions, RSMo 567.080.
Secs. 16-141-16-160. Reserved.
ARTICLE VI. OFFENSES AGAINST PROPERTY
Sec. 16,161. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Appropriate means to take, obtain, use, transfer, conceal or retain possession of.
Deprived means to:
(1) Withhold property from the owner permanently; or
(2) Restore property only upon payment of reward or other compensation; or
(3) Use or dispose of property in a manner which makes recovery of the property by the owner unlikely.
Of another means property or services in which any natural person, corporation, partnership, association, governmental sub division or instrumentality, other than the accused, has a possessory or proprietary interest therein, except that property shall
OFFENSES AND MISCELLANEOUS PROVISIONS § 16-162
not be deemed property of another who has only a security interest therein, even if legal title is in the creditor pursuant to a conditional sales contract or other security arrangements.
Property means anything of value, whether real or personal, tangible or intangible, in possession or in action, and shall in clude but not be limited to the evidence of a debt actually executed but not delivered or issued as a valid instrument.
Receiving means acquiring possession, control or title or lending on the security of the property.
Value means the market value of the property at the time and place of the crime or if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the crime.
Cross reference-Definitions and rules of construction generally, § 1-2.
State law reference-Similar provisions, RSMo 570.010(2), (7), (9)-(11).
Sec. 16-162. Tampering.
(a) A person commits the crime of tampering if he:
(1) Tampers with property of another for the purpose of causing substantial inconvenience to that person or to another; or
(2) Unlawfully rides in or upon another’s automobile, air plane, motorcycle, motorboat or other motor-propelled ve hicle; or
(3) Tampers or makes connection with property of a utility; or
(4) Tampers with, or causes to be tampered with, any meter or other property of an electric, gas, steam or water utility, the effect of which tampering is either:
a. To prevent the proper measuring of electric, gas, steam or water service; or
b. To permit the diversion of any electric, gas, steam or water service.
(b) In any prosecution under subsection (a)(4) of this section, proof that a meter or any other property of a utility has been tampered with, and the person or persons accused received the use or direct benefit of the electric, gas, steam or water service, with one (1) or more of the effects described in such subsection, shall be sufficient to support an inference which the trial court may submit to the trier of fact, from which the trier of fact may conclude that there has been a violation of such subsection by the person or persons who use or receive the direct benefit of the electric, gas, steam or water service.
Sec. 16-163. Property damage.
A person commits the offense of property damage if he knowingly damages property of another, or he damages property for the purpose of defrauding an insurer.
·· state law reference-Similar provisions, RSMo 569.090.
; ,1
Sec. 16-164. Trespass.
A person commits the offense of trespass ifhe enters unlawfully upon real property of another, without license or privilege. This is an offense of absolute liability.
State law reference-Similar provisions, RSMo 569.150.
Sec. 16-165. Stealing.
A person commits the offense of stealing if he appropriates property or services of another with the purpose to deprive the other thereof, either without the other’s consent or by means of deceit or coercion.
State law reference-Similar provisions, RSMo 570.010(2), 570.030(1).
Sec. 16-166. Failure to return leased property.
A person commits the crime of failure to return leased property if he willfully fails to return leased or rented personal property to the place within the time specified in an agreement in writing providing for the leasing or renting of such personal property, with the intent to deprive the owner thereof.
Sec. 16-167. Receiving stolen property.
(a) It shall be unlawful for a person to receive, ret n or dispose of property of another for the purpose of depriving the owner of a lawful interest therein, knowing that it has been E:1tglen, or believing that it has been stolen, of a value not to exceed one hundred fifty dollars ($150.00).
(b) Evidence of the following is admissible in any criminal prosecution under this section to prove the requisite knowledge or belief of the alleged receiver:
(1) That he was found in possession or control of other property stolen on separate occasions from two (2) or more per sons.
(2) That he received other stolen property in another transaction within the year preceding the transaction charges.
(3) That he acquired the stolen property for a consideration which he knew was far below its reasonable value.
(c) Any person violating the provisions of this section shall be punished in accordance with the provisions of section 1-9 of this Code.
State law reference-Similar provisions, RSMo 570.080.
Sec. 16-168. Littering.
It shall be unlawful for a person to commit the offense of littering by throwing or placing, or causing to be thrown or placed, any glass, glass bottles, wire, nails, tacks, hedge, cans, garbage, trash, refuse or rubbish of any kind, nature or description on the right-of-way of any public road or state highway; or on or in any of the waters in this city or on the banks of any stream; or on any land or water owned, operated or leased by the state, any board, department, agency or commission thereof; or on any land or water owned, operated or leased by the federal government; or on any private real property owned by another without his consent.
Sec. 16-169. Unlawful entry.
A person commits the crime of unlawful entry if he enters or attempts to enter any building or inhabitable structure without lawful authority, or knowingly remains unlawfully in such building or inhabitable structure against the will of the lawful occupant after being requested to leave by the lawful occupant.
Sec. 16-170. Possession of burglar’s tools.
A person commits the crime of possession of burglar’s tools if he possesses any tool, instrument or other article adapted, designed or commonly used for committing or facilitating offenses involving forcible entry into premises, with a purpose to use, or knowledge that some person has the purpose of using, the same in making an unlawful forcible entry into a building or inhabitable structure or a room thereof. Upon conviction under this section, all such tools become the property of the city police department.
State law reference-Similar provisions, RSMo 569.180.
Sec. 16-171. Passing bad checks.
(a) A person commits the crime of passing a bad check if, with purpose to defraud, he issues or passes a check knowing that it will not be paid by the drawee (bank), or that there is no drawee (bank).
(b) If the issuer had no account with the drawee or if there was no such drawee at the time the check or order was issued, this fact shall be prima facie evidence of his purpose to defraud and of his knowledge that the check or order would not be paid.
(c) If the issuer has an account with the drawee, failure to pay the check or order within ten (10) days after notice in writing that it has not been honored because of insufficient funds or credit with the drawee is prima facie evidence of his purpose to defraud and of his knowledge that the check or order would not be paid.
(d) Notice in writing means notice deposited as first class mail in the United States mail and addressed to the issuer at his ad dress as it appears on the dishonored check or to his last known address.
State law reference-Similar provisions, RSMo 575.120.
Sec. 16-172. Negligent burning or exploding.
A person commits the crime of negligent burning or exploding if he, with criminal negligence, causes damage to property of another accomplished by fire or explosion.
State law reference-Similar provisions, RSMo 569.065.
Sec. 16-173. Theft of utility service; tampering with utility equipment and service.
(a) Definitions. The following words and phrases when used in this section shall, for the purpose of this section, have the meanings respectively ascribed to them in this section except when the context otherwise requires:
Customer means the person in whose name a utility service is provided.
Divert means to change the intended course or path of electric ity, water, gas, telephone, cable television or other utility service without the authorization or consent of the utility.
Reconnection means the commencement of utility service other than by the utility company, to a customer or other person after service has been discontinued by the utility.
Tamper means to rearrange, damage, injure, destroy, alter, interfere with or otherwise prevent from performing normal or customary function.
Utility service means the provision of electricity, water, gas, telephone, cable television or other utility service.
(b) Unlawful acts. It shall be unlawful for any person to commit, authorize, solicit, aid, abet or attempt any of the following acts:
(1) Divert, or cause to be diverted, utility service by any means whatsoever.
(2) Make, or cause to be made, any connection or reconnection with property owned or used by the utility to provide utility service without the authorization or consent of the utility.
(3) Prevent any utility meter, or other device used in deter mining the charge for utility service, from accurately performing its measuring function by tampering or by any other means.
(4) Tamper with any property owned or used by the utility company to provide utility service.
(5) Use or receive the direct benefit of all, or a portion, of the utility service with knowledge of, or reason to believe that, the diversion, tampering, or unauthorized connection existed at the time of the use, or that the use or receipt, was without the authorization or consent of the utility.
(6) Advertise, manufacture, distribute, sell, use, rent or offer for sale, rental or use any device of any description, or any plan or kit, designed to obtain utility service, in violation of this section.
(7) Obtain utility service by means of false representations, or fraudulent or deceptive actions, designed to avoid the payment of any outstanding lawful charges for any utility service.
(8) Avoid the lawful charges, in whole or in part, for any utility service, by the use of any fraudulent or deceptive scheme, device, means or method.
(c) Presumption of violation. There is a rebuttable presumption that there is a violation of this section if, on the premises controlled by the customer or by the person using or receiving the direct benefit of utility service, there is either, or both of the following:
(1) Any instrument, apparatus or device primarily designed to be used to obtain utility service without paying the full lawful charge therefor.
(2) Any utility equipment that has been altered, tampered with or bypassed so as to cause no measurement or inaccurate measurement of utility service.
Sec. 16-174. Fare collection and other conduct on facilities and conveyances operated by bi-state development agency.
(a) Definitions. As used in this section, the following terms have the following meanings:
Agency means the bi-state development agency created by compact under RSMo 70.370.
Conveyance means bus, paratransit vehicle, rapid transit car or train, locomotive, light rail vehicle, rail vehicle, or other vehicle used or held for use by the agency as a means of transportation of passengers.
Facilities means all property and equipment, including with out limitation, rights-of-way and related trackage, rails, signals, power, fuel, communication and ventilation systems, power plants, stations, terminals, signage, storage yards, depots, repair and maintenance shops, yards, offices, parking lots and other real estate or personal property used or held for or incidental to the operation, rehabilitation or improvement of any public mass transportation system of the agency.
Fare media means any token, badge, ticket, coin, document, pass, transfer or card used to gain entry to the facilities or conveyances of, or make use of the services of the agency.
Person means any individual, firm, co partnership, corporation, association or company.
Sound production device means devices including, but not limited to, any radio receiver, phonograph, television receiver, musical instrument, tape recorder, compact disk player, cassette player, speaker device and any sound amplifier.
(b) Unlawful acts. In interpreting or applying this section, the following provisions shall apply. Any act otherwise prohibited by this section is lawful if performed by an officer, employee, or designated agent of the agency acting within the scope of his or her employment or agency. It shall be unlawful for any person to:
(1) Litter, dump garbage, liquids or other matter, or create a nuisance, hazard or unsanitary condition, including but not limited to spitting and urinating, except in facilities provided and designated for such acts by the agency;
(2) Drink any alcoholic beverage or possess any opened or unsealed container of alcoholic beverage, except on prem ises duly licensed for the sale of alcoholic beverage, such as bars and restaurants;
(3) Enter or remain in any facility or conveyance while his ability to function safely in the environment of the agency transit system is impaired by the consumption of alcohol or any drug;
(4) Consume foods or liquids of any kinds, except in those areas specifically authorized for such acts by the agency;
(5) Smoke or carry an open flame or lighted match, cigar, cigarette, pipe or torch, except in those areas or locations specifically authorized for such acts by the agency;
(6) Throw or cause to be propelled any stone, projectile or other article at, from, upon or in a facility or conveyance;
(7) Create any unreasonable noise through the use of any sound production device. Use of radios and other devices listened to solely by headphones or earphones and inau dible to others is permitted;
(8) Interfere with any lamp, electric light, or electric fixture;
(9) Destroy, mark, soil or paint, or draw, inscribe, write, spray paint or place graffiti upon, or remove, injure or tamper with any facility, conveyance, sign, advertisement or notice of the agency or authorized by the agency, except that this provision shall not apply to any work within the scope of any contract made by or on behalf of the agency;
(10) To ride any bus, or ride or enter upon any light rail conveyance, without payment of the fare or other charge therefor;
(11) To use or enter upon any light rail conveyance and fail to possess and present valid proof of payment of the fare thereof upon the request to do so by an agent of the operator of any rail conveyance;
(12) To falsify proof of payment of the fare or use any form of pretense for the purpose of using or entering upon any light rail conveyance, or to tamper with or place anything other than legal currency or coinage into any vending machine which dispenses tickets to use any light rail conveyance;
(13) To perform any act which interferes or obstructs the movement of any light rail conveyance or perform any act which would interfere with the safe and efficient opera tion of a light rail conveyance;
(14) To make false representations regarding one’s status as an agent, employee or representative of the operator of any light rail conveyance for the purpose of avoiding the duty to act in accordance with any law regulating the conduct of users of light rail conveyances.
(c) Restrictions.
(1) No weapon or other instrument intended for use as a weapon may be carried in or on any facility or conveyance, except for law enforcement personnel. For the purpose of this section, a weapon shall include, but not be limited to, a firearm, switchblade knife, sword, or any instrument of any kind known as blackjack, billy club, club, sandbag, metal knuckles, leather bands studded with metal, wood impregnated with metal filings or razor blades; except that this subsection shall not apply to a rifle or shotgun which is unloaded and carried in an enclosed case, box or other container which completely conceals the item from view and identification as a weapon;
(2) No explosives, flammable liquids, acids, firework or other highly combustible materials or radioactive materials may be carried on or in any facility or conveyance;
(3) No person, except as specifically authorized by the agency, shall enter or attempt to enter into any area not open to the public, including but not limited to train operator’s cabs, conductor’s cabs, bus operator’s seat location, closed off areas, mechanical or equipment rooms, concession stands, storage areas, interior rooms, tracks, roadbeds, tunnels, plants, shops, barns, train yards, garages, depots or any area marked with a sign restricting access or indicating a dangerous environment;
(4) No person may ride on the roof, the coupler between light rail vehicles, or on any other exterior area of any light rail vehicle or bus or other conveyance operated by the agency;
(5) No person shall extend any part of his or her person or any item, article or other substance outside of the window or door of a moving conveyance operated by the agency;
(6) No person shall enter or leave a conveyance operated by the agency except through the entrances and exits pro vided for that purpose;
(7) No animals may be taken on or into any conveyance or facility except the following:
a. An animal enclosed in a container, accompanied by the passenger and carried in a manner which does not annoy other passengers; and
b. Working dogs for law enforcement agencies, agency dogs on duty, dogs properly harnessed and accompanying blind or hearing-impaired persons to aid such persons, or dogs accompanying trainers carrying a certificate of identification issued by a dog school;
(8) Bicycles are prohibited on conveyances, except when specifically authorized by permit of the agency;
(9) No vehicle shall be operated carelessly, or negligently, or in disregard of the rights or safety of others or without due caution and circumspection, or at a speed in such a manner as to be likely to endanger persons or property on facilities of the agency. The speed limit on parking lots and access roads shall be posted as fifteen (15) miles per hour unless otherwise designated.
(d) Vehicles on agency property.
(1) Stalled, disabled, or illegally parked vehicles may be removed from the roadways of the agency property by the agency or city and parked or stored elsewhere at the risk and expense of the owner.
(2) Motor vehicles which are left unattended or abandoned on the property of the agency for a period of over seventy two (72) hours may be removed, except as permitted by special parking agreements or permits, as provided for in RSMo 304.155, except that the removal may be authorized by personnel designated by the agency.
(Ord. No. 863, 7-1-93; Ord. No. 864, 8-4-93)
Secs. 16-175-16-195. Reserved.
OFFENSES AND MISCELLANEOUS PROVISIONS § 16-197
ARTICLE VII. OFFENSES AGAINST PEACE
Sec. 16-196. Definitions and rules of construction.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Private property means any place which at the time is not open to the public. It includes property which is owned publicly or privately.
Property of another means any property in which the actor does not have a possessory interest.
Public place means any place which at the time is open to the public. It includes property which is owned publicly or privately.
If a building or structure is divided into separately occupied units, such units are separate premises.
Cross reference-Definitions and rules of construction generally, § 1-2.
Sec. 16-197. Peace disturbance.
A person commits the offense of peace disturbance if:
(1) He unreasonably and knowingly disturbs or alarms an other person by:
a. Loud or unusual noise.
b. Offensive and indecent language which is likely to produce an immediate violent response from a rea sonable recipient.
c. Threatening to commit a crime against any person.
d. Fighting.
e. Creating a noxious or offensive odor.
(2) He is in a public place or on private property of another without consent and purposely causes inconvenience to another person or persons by unreasonably and physi cally obstructing:
a. Vehicular or pedestrian traffic.
b. The free ingress or egress to or from a public or private place.
State law reference-Similar provisions, RSMo 574.010.
Sec. 16-198. Private peace disturbance.
A person commits the offense of private peace disturbance if he is on private property and unreasonably and purposely causes alarm to another person on the same premises by:
(1) Threatening to commit a crime against any person.
(2) Fighting.
State law reference-Similar provisions, RSMo 574.020.
Sec. 16-199. Disorderly conduct.
A person shall be guilty of disorderly conduct if, with the purpose of causing public danger, alarm, disorder, nuisance, or if his conduct is likely to cause public danger, alarm, disorder or nuisance, he willfully, in a public place:
(1) Resists or obstructs the performance of duties by city police or any other authorized official of the city, when known to be such an official.
(2) Fails to obey a lawful order to disperse by a police officer when known to be such an official, where one (1) or more persons are committing acts of disorderly conduct in the immediate vicinity, and the public health and safety is imminently threatened.
Sec. 16-200. Exemptions from sections 16-197 and 16-198.
Sections 16-197 and 16-198 shall not be construed to suppress the right to lawful assembly, picketing, public speaking, or other lawful means of expressing public opinion not in contravention of other laws.
Sec. 16-201. Assault.
(a) A person commits the crime of assault if he attempts to cause or recklessly causes physical injury to another person; or with criminal negligence he causes physical injury to another person by means of a deadly weapon or dangerous instrument; or he purposely places another person in apprehension of immediate physical injury; or he recklessly engages in conduct which creates a grave risk of death or serious physical injury to another person; or he knowingly causes physical contact with another person knowing the other person will regard the contact as offensive or provocative.
(b) When conduct is charged to constitute an offense because it causes or threatens physical injury, consent to that conduct or to the infliction of the injury is a defense only if:
(1) The physical injury consented to or threatened by the conduct is not serious physical injury; or
(2) The conduct and the harm are reasonably foreseeable hazards of the victim’s occupation or profession, or joint participation in a lawful athletic contest or competitive sport; or
(3) The consent established a defense of justification.
The defendant shall have the burden of injecting the issue of consent.
(c) Any person found guilty of a violation of this section shall be subject to punishment as provided in section 1-9 of this Code.
State law reference-Similar provisions, RSMo 565.070, 565.080.
Sec. 16-202. Harassment.
A person commits the crime of harassment if, for the purpose of frightening or disturbing another person, he does any of the following:
(1) Calls the victim on the phone or sends him a writing and threatens to commit a felony; or
(2) Calls the victim on the phone or sends him a writing and uses coarse language that would be offensive to the average person; or
(3) Makes an anonymous phone call to the victim; or
(4) Makes repeated phone calls.
State law reference-Similar provisions, RSMo 565.090.
Sec. 16-203. Drunkenness or drinking in certain place prohibited.
A person violates this section if the person enters any school house, church house or courthouse in which there is lawful assemblage of people:
(1) In an intoxicated and disorderly condition; or
(2) To drink any intoxicating liquors in the presence of such assembly; or
(3) To offer to drink any intoxicating liquors in the presence of such an assembly; or
(4) If in a courthouse the person need not be in the presence of an assemblage of persons.
Sec. 16-204. Fireworks.
(a) Definition. For the purposes of this section, the term “fireworks” shall have the meaning ascribed to it in RSMo 320.110.
(b) Unlawful acts; sale prohibited. It shall be unlawful for any person knowingly to fire, explode, discharge or otherwise set off any article of fireworks within the city. The sale of fireworks within the city is hereby prohibited, except pursuant to a permit issued by the board of councilmen.
(c) Permits. The board of councilmen may grant permits to responsible persons who are experienced in the handling and use of fireworks, authorizing them to set off fireworks for exhibition purposes at fairs, celebrations and ceremonies at which the public attending shall be kept at a safe distance from the place where the fireworks are set off and all necessary precautions are observed for the safety of persons and property.
(d) Application for fireworks display. Any person desiring to provide a fireworks display, without admission charge, shall make written application to do so to the board of councilmen at a regular meeting at least fifteen (15) days prior to the date of such display. Each application shall contain, among other things:
(1) The name of the organization sponsoring the display;
(2) The place or premises where such display is to be held;
(3) The day on which the display is to take place;
(4) The hours between which it is proposed to discharge fireworks; and
(5) The names and addresses of the persons actually conduct ing such display and discharging such fireworks, together with a statement as to the experience of such persons handling and discharging fireworks. The display and discharge of such fireworks, if the permit applied for is granted, shall be under the direct supervision of such persons and none other, and shall be at the place, on the date and between the hours specified in such application and none other.
(e) Permit fee; surety bond. In addition to the requirements of subsection (d), above, every application for permission to conduct a fireworks display shall be accompanied by a permit fee in the sum of two hundred fifty dollars ($250.00) and by a surety bond in the amount of one hundred thousand dollars ($100,000.00) run ning to the town for the benefit of any member of the general public who may suffer personal or property damage by reason of defective fireworks or negligent or inexperienced handling or discharge thereof.
(f) Exceptions. Nothing in this section shall be construed as applying to the manufacture, storage, sale or use of signals necessary for the safe operation of railroads or other classes of public or private transportation, nor applying to any component of the armed forces of the United States or of this state, or to peace officers, nor as prohibiting the sale or use of blank car tridges for ceremonial, theatrical or athletic events or agricultural purposes.
(Ord. No. 875, §§ 1-6, 6-15-94)
Secs. 16-205-16-225. Reserved.
ARTICLE VIII. OFFENSES AGAINST THE ADMINISTRATION OF JUSTICE*
Sec. 16-226. Disturbing a judicial proceeding.
A person commits the crime of disturbing a judicial proceeding if, with purpose to intimidate a judge, attorney, juror, party, or witness, and thereby to influence a judicial proceeding, he disrupts or disturbs a judicial proceeding by participating in an assembly and calling aloud, shouting, or holding or displaying a placard or sign containing written or printed matter concerning the conduct of the judicial proceeding, or the character of the judge, attorney, juror, party or witness engaged in such proceed ing, or calling for or demanding any specified action or determination by such judge, attorney, juror, party or witness in connection with such proceeding.
State law reference-Similar provisions, RSMo 575.250.
Sec. 16-227. Escape or attempted escape from custody.
A person commits the crime of escape from custody or at tempted escape from custody if, while being held in custody after arrest for any crime, he escapes or attempts to escape from custody.
State law reference–Similar provisions, RSMo 575.200(1).
*Cross reference-Administration, Ch. 2.
Sec. 16-228. Resisting or interfering with arrest.
A person commits the crime of resisting or interfering with arrest if, knowing that a law enforcement officer is making an arrest, for the purpose of preventing the officer from effecting the arrest, he resists the arrest of himself by fleeing from such officer.
State law reference-Similar provisions, RSMo 575.150(1)(1).
Sec. 16-229. Interference with legal process.
(a) A person commits the crime of interference with legal process if, knowing any person is authorized by law to serve process, for the purpose of preventing such person from effecting the ser vice of any process, he interferes with or obstructs such person.
(b) “Process” includes any writ, summons, subpoena, warrant other than an arrest warrant, or other process or order of a court.
State law reference-Similar provisions, RSMo 575.160.
Sec. 16-230. False reports.
(a) A person commits the crime of making a false report if he knowingly:
(1) Gives false information to a law enforcement officer for the purpose of implicating another person in a crime; or
(2) Gives false information to a law enforcement officer for the purpose of avoiding or evading apprehension by law enforcement authorities; or
(3) Provides false information to any law enforcement officer for the purpose of misleading such officer in the performance of his duty; or
(4) Makes a false report to a law enforcement officer that a crime has occurred or is about to occur; or
(5) Makes a false report or causes a false report to be made to a law enforcement officer, security officer, fire department or other organization, official or volunteer, which deals with emergencies involving danger to life or property that a fire or other incident calling for an emergency response has occurred.
(b) It is a defense to a prosecution under subsection (a) of this section that the actor retracted the false statement or report be fore the law enforcement officer or any other person took substantial action in reliance thereon.
(c) The defendant shall have the burden of injecting the issue of retraction under subsection (b) of this section.
State law reference-Similar provisions, RSMo 575.080.
Sec. 16-231. False impersonation.
A person commits the crime of false impersonation if he:
(1) Falsely represents himself to be a public servant with purpose to induce another to submit to his pretended official authority or to rely upon his pretended official acts, and performs an act in that pretended capacity; or causes an other to act in reliance upon his pretended official authority; or
(2) Falsely represents himself to be a person licensed to practice or engage in any profession for which a license is required by the laws of the state with purpose to induce an other person to rely upon such representation, and performs an act in that pretended capacity, or causes another to act in reliance upon such representation.
State law reference-Similar provisions, RSMo 575.120.
Sec. 16-232. Concealing an offense.
A person commits the crime of concealing an offense if he:
(1) Confers or agrees to confer pecuniary or other type of ben efit on a person in consideration of that person’s:
a. Concealing an offense, or
b. Refraining from starting or aiding in the prosecution of an offense, or
c. Withholding evidence of the offense, or
(2) Accepts or agrees to accept a pecuniary or other type of benefit in consideration for:
a. Concealing an offense; or
b. Refraining from starting or aiding in the prosecution of an offense; or
c. Withholding evidence of the offense.
State law reference-Similar provisions, RSMo 575.020.
Sec. 16-233. Hindering prosecution.
A person commits the crime of hindering prosecution if he, with the purpose of preventing the apprehension, prosecution, conviction, or pu:.1ishment of a person who has committed a crime:
(1) Harbors or conceals the person, or
(2) Warns the person that he is soon to be discovered and apprehended, (unless done in an effort to bring that person into compliance with the law), or
(3) Provides money, transportation, weapons, disguises, or other means to help the person avoid discovery or apprehension, or
(4) Prevents or obstructs another by using force, deception, or intimidation against him from doing something to aid the discovery or apprehension of the suspect.
State law reference-Similar provisions, RSMo 575.030.
Sec. 16-234. Refusing to make an employee available for service of process.
Any employer, or any agent who is in charge of a business establishment, commits the crime of refusing to make an employee available for service of process if he knowingly refuses to assist any officer authorized by law to serve process who calls at such business establishment during the working hours of an employee for the purpose of serving process on such employee, by failing or refusing to make such employee available for service of process.
State law reference-Similar provisions, RSMo 575.170.
Sec. 16-235. Refusal to identify as a witness.
A person commits the crime of refusal to identify as a witness
if:
(1) He knows he has witnessed a portion or all of a crime, or
(2) He knows he has witnessed an incident resulting in physical injury or substantial property damage; and
(3) Upon demand of a law enforcement officer engaged in the performance of his duties;
(4) He refuses to report or falsely reports his name and present address.
State law reference-Similar provisions, RSMo 575.190.
Sec. 16-236. Tampering with a witness.
A person commits the crime of tampering with a witness if for the purpose of inducing a witness or a prospective witness in an official proceeding to disobey a subpoena or other legal process, or to absent himself, or avoid subpoena or other legal process, or to withhold evidence, information or documents, or to testify falsely, he:
(1) Threatens or causes harm to any person or property; or
(2) Uses force, threats, or deception; or
(3) Offers, confers, or agrees to confer any benefit, direct or indirect, upon such witness; or
(4) Conveys any of the foregoing to another in furtherance of a conspiracy.
State law reference-Similar provisions, RSMo 575.270(1).
Sec. 16-237. Tampering with a victim.
A person commits the crime of tampering with a victim if he purposely prevents or dissuades, or attempts to prevent or dis suade, any person who has been a victim of any crime, or who is acting on behalf of a victim, from:
(1) Making a report of the victimization (crime);
(2) Causing a complaint, indictment, or information to be sought or to assist in the prosecution; or
(3) Arresting or seeking the arrest of any person in connection with the crime against the victim.
State law reference-Similar provisions, RSMo 575.270(2).
Sec, 16-238. Obstructing government operations.
A person commits the crime of obstructing government opera tions if he purposely obstructs, impairs, hinders or prevents the performance of a governmental function by use or threat of violence, force or other physical interference or obstacle.
State law reference-Similar provisions, RSMo 576.030.
Secs. 16·239-16-260. Reserved.
ARTICLE IX. WEAPONS
Sec. 16-261. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Blackjack means any instrument that is designed or adapted for the purpose of stunning or inflicting physical injury by striking a person, and which is readily capable of lethal use.
Concealable firearm means any firearm with a barrel less than sixteen (16) inches in length, measured from the face of the bolt or standing breech.
Deface means to alter or destroy the manufacturer’s or importer’s serial number or any other distinguishing number or identification mark.
Explosive weapon means any explosive, incendiary, or poison gas bomb or similar device designed or adapted for the purpose of inflicting death, serious physical injury, or substantial property damage; or any device designed or adapted for delivering or shooting such a weapon.
Firearm means any weapon that is designed or adapted to expel a projectile by the action of an explosive.
Firearm silencer means any instrument, attachment, or appliance that is designed or adapted to muffle the noise made by the firing of any firearm.
Gas gun means any gas ejection device, weapon, cartridge, container or contrivance other than a gas bomb, that is designed or adapted for the purpose of ejecting any poison gas that will cause death or serious physical injury, but not any device that ejects a repellant or temporary incapacitating substance.
Intoxicated means substantially impaired mental or physical capacity resulting from introduction of any substance into the body.
Knife means any dagger, dirk, stiletto, or bladed hand instrument that is readily capable of inflicting serious physical injury or death by cutting or stabbing a person. For purposes of this article, “knife” does not include any ordinary pocket knife with no blade more than four (4) inches in length.
Knuckles means any instrument that consists of finger rings or guards made of a hard substance that is designed or adapted for the purpose of inflicting serious physical injury or death by striking a person with a fist enclosed in the knuckles.
Machine gun means any firearm that is capable of firing more than one shot automatically, without manual reloading, by a single function of the trigger.
Projectile weapon means any bow, crossbow, pellet gun, sling shot or other weapon that is not a firearm, which is capable of expelling a projectile that could inflict serious physical injury or death by striking or piercing a person.
Rifle means any firearm designed or adapted to be fired from the shoulder and to use the energy of the explosive in a fixed metallic cartridge to fire a projectile through a rifled bore by a single function of trigger.
Short barrel means a barrel length of less than sixteen (16) inches for a rifle and eighteen (18) inches for a shotgun, both measured from the face of the bolt or standing breech, or an overall rifle or shotgun length of less than twenty-six (26) inches.
Shotgun means any firearm designed or adapted to be fired from the shoulder and to use the energy of the explosive in a fixed shotgun shell to fire a number of shot or a single projectile through a smooth bore barrel by a single function of the trigger.
Spring gun means any fused, timed or nonmanually controlled trap or device designed or adapted to set off an explosion for the purpose of inflicting serious physical injury or death.
Switchblade knife means any knife which has a blade that folds or closes into the handle or sheath, and:
(1) That opens automatically by pressure applied to a button or other device located on the handle; or
(2) That opens or releases from the handle or sheath by the force of gravity or by the application of centrifugal force.
Cross reference-Definitions and rules of construction generally, § 1-2.
State law reference-Similar provisions, RSMo 571.010.
Sec. 16-262. Possession, manufacture, transporting, repair or sale of certain weapons a crime; exception.
(a) A person commits a crime if he knowingly possesses, manufactures, transports, repairs or sells:
(1) An explosive weapon.
(2) A machine gun.
(3) A gas gun.
(4) A short barreled rifle or shotgun.
(5) A firearm silencer.
(6) A switchblade knife.
(7) A bullet or projectile which explodes or detonates upon impact because of an independent explosive charge after having been shot from a firearm.
(8) Knuckles.
(b) A person does not commit a crime under this section if his conduct:
(I) Was incident to the performance of official duty by the armed forces, national guard, a governmental law enforce ment agency or a penal institution.
(2) Was incident to engaging in a lawful commercial or business transaction with an organization enumerated in sub section (b)(l) of this section.
(3) Was incident to using an explosive weapon in a manner reasonably related to a lawful industrial or commercial enterprise.
(4) Was incident to displaying the weapon in a public museum or exhibition.
(5) Was incident to dealing with the weapon solely as a curio, ornament or keepsake, or to using it in a manner reason ably related to a lawful dramatic performance; but if the weapon is the type described in subsections (b)(l), (3) or (5) of this section it must be in such a nonfunctioning condition that it cannot readily be made operable. No short bar reled rifle, short barreled shotgun or machine gun may be possessed, manufactured, transported, repaired or sold as a curio, ornament or keepsake, unless such person is an importer, manufacturer, dealer or collector licensed by the secretary of the treasury pursuant to the Gun Control Act of 1968, U.S.C., Title 18, or unless such firearm is an “antique firearm” as defined in RSMo 571,080(3), or unless such firearm has been designated a “collectors item” by the secretary of the treasury pursuant to U.S.C. Title 26, section 5845(a).
State law reference-Similar provisions, RSMo 571.020.
Sec. 16-263. Unlawful use of weapons; exception.
(a) A person commits the crime of unlawful use of weapons if he knowingly:
(1) Carries a concealed weapon upon or about his person such as a knife, a firearm, a blackjack or any other weapon readily capable of lethal use.
(2) Sets a spring gun.
(3) Discharges or shoots a firearm into a dwelling house, a railroad train, boat, aircraft, or motor vehicle or 11ny building or structure used for the assembling of people.
4) Exhibits, in the presence of one (1) or more persons, any weapon readily capable of lethal use in an angry or threatning manner.
(5) Possesses or discharges a firearm or projectile weapon while intoxicated.
(6) Discharges a firearm within one hundred (100) yards of any occupied schoolhouse, courthouse, or church building.
(7) Discharges or shoots a firearm at a mark, at any object, or at random, on, along or across a public highway or dis charges or shoots a firearm into any outbuilding.
(8) Carries a firearm or any other weapon readily capable of lethal use into any church or place where people have assembled for worship, or into any school, or into any election precinct on any election day, or into any building owned or occupied by any agency of the federal government, state government, or political subdivision thereof, or into any public assemblage of persons met for any lawful purpose.
(b) Subsections (a)(l), (3), (4), (6), (7) and (8) of this section shall not apply to or affect any of the following:
(1) All state, county and municipal law enforcement officers possessing the duty and power of arrest for violation of the general criminal laws of the state or for violation of ordinances of counties or municipalities of the state, or any person summoned by such officers to assist in making arrests or preserving the peace while actually engaged in assisting such officer.
(2) Wardens, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of per sons accused or convicted of crime.
(3) Members of the armed forces or national guard while per forming their official duty.
(4) Those persons vested by article V, section 1 of the state constitution with the judicial power of the state.
(5) Any person whose bona fide duty is to execute process, civil or criminal.
(c) Subsection (a)(l), (5) and (8) of this section do not apply when the actor is transporting such weapons in a nonfunctioning state or in an unloaded state when ammunition is not readily accessible or when such weapons are not readily accessible. Subsection (a)(l) of this section does not apply when the actor is also in pos session of an exposed firearm or projectile weapon for the lawful pursuit of game, or is in his dwelling unit or upon business premises over which the actor has possession, authority or control, or is traveling in a continuous journey peaceably through this state.
State law reference-Similar provisions, RSMo 571.030.
Sec. 16-264. Defacing firearm.
A person commits the crime of defacing a firearm if he knowingly defaces any firearm.
State law reference-Similar provisions, RSMo 571.045.
Sec. 16-265. Possession of defaced firearm.
A person commits the crime of possession of a defaced firearm if he knowingly possesses a firearm which is defaced.
State law reference-Similar provisions, RSMo 571.050.
Sec. 16-266. Unlawful transfer of weapons.
A person commits the crime of unlawful transfer of weapons if he:
(1) Knowingly sells, leases, loans, gives away or delivers a firearm or ammunition for a firearm to any person who, under the provisions of this section, is not lawfully entitled to possess such.
(2) Knowingly sells, leases, loans, gives away or delivers a blackjack to a person less than eighteen (18) years old without the consent of the child’s custodial parent or guardian, or recklessly sells, leases, loans, gives away or delivers any firearm to a person less than eighteen (18) years old without the consent of the child’s custodial parent or guardian; provided that, this does not prohibit the de livery of such weapons to any peace officer or member of the armed forces or national guard while performing his official duty.
(3) Recklessly sells, leases, loans, gives away or delivers a firearm or ammunition for a firearm to a person who is intoxicated.
State law reference-Similar provisions, RSMo 571.060.
Sec, 16-267. Possession of concealable firearm unlawful for certain persons.
A person commits the crime of unlawful possession of a concealable firearm if he has any concealable firearm in his possession and:
(1) He has pled guilty to or has been convicted of a dangerous felony, as defined in RSMo 556.061, or of an attempt to commit a dangerous felony, or of a crime under the laws of any state of the United States which, if committed within this state, would be a dangerous felony, or confined therefor in this state or elsewhere during the five-year period immediately preceding the date of such possession; or
(2) He is a fugitive from justice, is habitually in an intoxicated or drugged condition, or is currently adjudged mentally incompetent.
Sec. 16-268. Discharge and use of guns prohibited.
It shall be unlawful for any person to, within the city, use, discharge or explode any shells or cartridges (blank or otherwise), pistols (toy or otherwise), cannon (toy or otherwise), firearm (toy or otherwise) or any other gun.
Sec. 16-269. Carrying a firearm.
(a) No person shall openly carry any firearm readily capable of lethal use.
(b) This article shall not apply to law enforcement officers, mem· hers of the armed forces or national guard, jailers or other such persons while performing their lawful duties.
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Chapter 17
PARKS AND RECREATION*
Art. I. In General, §§ 17-1—17-25 Art. II. Park Board, §§ 17-26—17-34
ARTICLE I. IN GENERAL
Sec. 17-1. Hours for use of city parks.
The parks in the city shall be open for public use between the hours of 6:00 a.m. and 8:00 p.m. during that period of the calendar year in which Central Daylight Savings time is in effect and between the hours of 6:00 a.m. and 6:00 p.m. during the period of time of the calendar year when the Central Standard time is in effect.
(Ord. No. 1031, § 3, 6-16-04)
Secs. 17-2—17-25. Reserved.
ARTICLE II. PARK BOARD†
Sec. 17-26. Established.
There is hereby established in and for the city a park board. (Ord. No. 805, § 1, 6-6-90)
Sec. 17-27. Composition.
The park board shall be composed of nine (9) directors chosen from citizens at large with reference to their fitness for such office; provided, however, that no member of the government of the city shall be a member of the board.
(Ord. No. 805, § 2, 6-6-90)
*Cross references—Department of public works, § 2-81 et seq.; flood damage prevention, Ch. 9; mobile homes and similar structures, Ch. 14; solid waste, Ch. 19; streets and sidewalks, Ch. 20; traffic and motor vehicles, Ch. 21.
†Cross reference—Administration, Ch. 2.
State law reference—Park boards, RSMo 90.520 et seq.
Sec. 17-28. Appointment.
The mayor shall, with the approval of the city council, appoint the directors of the park board.
(Ord. No. 805, § 3, 6-6-90)
Sec. 17-29. Terms.
The directors of the park board shall hold office, one-third for one (1) year, one-third for two (2) years and one-third for three (3) years, from the first of June following their appointment, and at their first regular meeting shall cast lots for the respective terms. Annually thereafter, the mayor shall before the first day of June of each year appoint as before three (3) directors who shall hold office for three (3) years and until their successors are appointed. (Ord. No. 805, § 4, 6-6-90)
Sec. 17-30. Removal.
The mayor may, by and with the consent of the city council, and after notice and hearing, remove any director of the park board for misconduct or neglect of duty.
(Ord. No. 805, § 5, 6-6-90)
Sec. 17-31. Filling vacancies.
Vacancies occurring in the membership of the park board occasioned by removal, resignation or otherwise shall be reported to the city council and be filed in a like manner as original appointments.
(Ord. No. 805, § 6, 6-6-90)
Sec. 17-32. Compensation.
The directors of the park board shall serve without compensation.
(Ord. No. 805, § 7, 6-6-90)
Sec. 17-33. Organization; rules and regulations.
The directors of the park board shall immediately after their appointment meet and organize by electing one (1) of their number president, and by electing such other officers as they shall deem necessary; they shall further make and adopt such bylaws, rules and regulations for their guidance and for the government of the parks as may be expedient and not inconsistent with the ordinances of the city or with the laws of the state. (Ord. No. 805, § 8, 6-6-90)
Sec. 17-34. Compliance with law.
The directors of the park board shall comply with all provisions of this Code, city ordinances and state laws pertaining to park directors of a city of the third class.
(Ord. No. 805, § 9, 6-6-90)
Chapter 18
POLICE*
Art. I. In General, §§ 18-1—18-25
Art. II. Police Department, §§ 18-26—18-63
Div. 1. Generally, §§ 18-26—18-40
Div. 2. Marshal, §§ 18-41—18-60
Div. 3. Environmental Officer/Health Inspector, §§ 18-61—18-63
ARTICLE I. IN GENERAL
Sec. 18-1. Limitation on outside employment.
No full-time police officer shall work for or accept employment by an employer other than the city for a time greater than twenty
(20) hours in any one (1) workweek and greater than five (5) hours in any one (1) workday.
(Code 1980, § 21-1)
Secs. 18-2—18-25. Reserved.
ARTICLE II. POLICE DEPARTMENT†
DIVISION 1. GENERALLY
Sec. 18-26. Composition, appointment.
The city police department shall be composed of a marshal; an assistant marshal; such number of regular policemen as may be deemed necessary by the council for the good government of the city, who shall serve for terms of one (1) year; and such number of special policemen as may be prescribed by ordinance, to serve for such time as may be prescribed by ordinance.
(Code 1980, § 21-16)
State law reference—Similar provisions, RSMo 85.551.
*Cross references—Alcoholic beverages, Ch. 3; civil defense, Ch. 6; court, Ch.
7; streets and sidewalks, Ch. 20; traffic and motor vehicles, Ch. 21.
State law reference—Police departments generally, RSMo 77.570.
†Cross reference—Administration, Ch. 2.
Sec. 18-27. Departmental rules, regulations; amendments.
(a) The city may, from time to time, adopt certain rules and regulations for the police department of the city, which rules and regulations may establish disciplinary procedures for any viola- tions thereof. Such rules and regulations may be adopted in the form of a City of Wellston Employee Handbook which shall, to the extent adopted, be kept on file in the office of the city clerk.
(b) The rules and regulations for the police department may be amended in the future either upon written recommendation of the chief of police and approval by the mayor and city council or independently by the mayor and the city council.
(c) Pursuant to section 2-137 of the Code, the city may adopt rules and regulations for other employees of the city in conjunction with or separate from the rules and regulations adopted pursuant to this section.
(Code 1980, § 21-17; Ord. No. 701, § 2, 8-28-86; Ord. No. 799, §§ 1,
2, 1-17-90; Ord. No. 958, § 3, 7-7-99)
Secs. 18-28—18-40. Reserved.
DIVISION 2. MARSHAL
Sec. 18-41. Appointment; term.
The marshal for the city shall be appointed by the mayor with the approval and consent of a majority of the members of the city council. The person so appointed to the office of marshal of the city shall enjoy a term of office of two (2) years; such term of office to commence upon the date of appointment.
(Ord. No. 749, §§ 2, 3, 9-16-87)
Sec. 18-42. Salary.
The salary of the city marshal shall be established annually in the annual budget ordinance of the city.
(Code 1980, § 21-28; Ord. No. 752, § 3, 11-18-87)
Sec. 18-43. Chief of police.
The city marshal shall be chief of police, and shall have power at all times to make or order an arrest with proper process, for any offense against the laws of the city, county or state, and keep the offender in the city jail or in the county jail or other proper place to prevent his escape until a trial can be had before the proper officer of the city, county or state, unless such offender shall give a good and sufficient bond for his appearance for trial. (Code 1980, § 21-29)
Sec. 18-44. Arrests without process.
The city marshal shall have power to make arrests without process in all cases in which any offense against the law of the city, county or state shall be committed in his presence.
(Code 1980, § 21-30)
Sec. 18-45. Collect fines.
The city marshal shall collect all fines assessed in the municipal court, and pay same over to the city treasurer.
(Code 1980, § 21-31)
Sec. 18-46. Subject to mayor only.
The city marshal shall, in the discharge of his duties, be subject to the orders of the mayor only.
(Code 1980, § 21-32)
Sec. 18-47. Service of process.
The city marshal shall have power to serve and execute all warrants, subpoenas, writs or other process, issued by the municipal judge of the city, at any place within the limits of the city and the county.
(Code 1980, § 21-33)
Sec. 18-48. Preserve order.
The city marshal shall be active and vigilant in the preservation of good order within the city.
(Code 1980, § 21-34)
Supp. No. 1 1135
Sec. 18-49. Disposition of collected moneys.
The city marshal shall account for and pay over to the city treasurer, at the end of each month, all moneys or other property belonging to the city, which he may have collected or which shall, in any other manner, have come into his possession, unless other disposition thereof shall have been provided for by law, ordinance or resolution of the city council.
(Code 1980, § 21-35)
Sec. 18-50. Duty regarding elections.
The city marshal shall perform all such duties in city elections as are required to be performed by the constable or sheriff in the state election laws.
(Code 1980, § 21-36)
Sec. 18-51. Additional duties.
The city marshal shall perform all such other duties as the city council may from time to time, by ordinance or resolution require. (Code 1980, § 21-37)
Sec. 18-52. Badge.
The city marshal shall, when on duty, wear a metallic shield on which shall be inscribed the words, “City Marshal” or “Chief of Police,” and “Wellston, Missouri.”
(Code 1980, § 21-38)
Sec. 18-53. Assistant-Office created.
The office of assistant marshal is hereby created, said person to be the deputy chief of police and the director of police operations. (Code 1980, § 21-39)
State law reference-Assistant marshal authorized, RSMo 85.551.
Sec. 18-54. Same-Appointment.
The assistant marshal shall be appointed by the mayor with the approval and consent of the council.
(Code 1980, § 21-40)
Sec. 18-55. Same-Qualifications.
The assistant city marshal shall be a person no less than thirty
(30) years of age, a resident of the city at the date of such appointment. He shall have had no less than two (2) years actual experience as a police officer and shall be a person of good repute and of good moral character. He shall also be a person of sound physical constitution capable of performing all the various duties of a police officer and shall present a certificate to that effect from some reputable, licensed practicing doctor of medicine at the time of presenting his application or recommendation for the office of assistant city marshal. He shall also be trained in the use of firearms and in the principles of the administration of first aid. (Code 1980, § 21-41)
Sec. 18-56. Same-Compensation.
The salary of the assistant marshal shall be as prescribed by ordinance.
(Code 1980, § 21-42)
Sec. 18-57. Same-Duties.
The assistant marshal shall have the following authority and duties:
(1) He shall have complete responsibility for and shall plan, direct and coordinate the activities of the police department, under the direction of the city marshal and the mayor.
(2) He shall plan, organize, assign, coordinate, direct and inspect all activities of the police department and the functions of police commanding officers; help prepare annual budgets; aid administration of securing and maintaining necessary equipment and supplies; plan for and develop training programs and improvements in administrative and police procedures; prepare and maintain rules and regulations covering the police force; investigate charges and com plaints against members of the police department; respond to calls on major crimes and major accidents, taking command if required; study the need for and suggest new and revised ordinances pertaining to traffic and safety; answer inquiries from the public; attend civic meetings; address civic groups on police and safety subjects; direct safekeeping of prisoners; cooperate with county, state and all federal law enforcement agencies in the apprehension and detention of wanted persons, criminals, recovery of stolen property, and in all other matters of mutual interest; advise and assist subordinate police officers in law enforcement investigations, and personally participate in more difficult cases.
(3) He shall make reports to the mayor and the city council regarding subsections (1) and (2) at such times and in such a manner as required by the mayor and/or council.
(Code 1980, § 21-43)
Secs. 18-58-18-60. Reserved.
DMSION 3. ENVIRONMENTAL OFFICER/HEALTH INSPECTOR•
Sec. 18-61. Established.
There is hereby established within the department of police of the city the position of environmental officer/health inspector. (Ord. No. 839, § 1, 2-19-92)
Sec. 18-62. Duties.
The environmental officer/health inspector shall:
(1) Enforce all building, plumbing or electrical codes and ordinances of the city;
(2) Enforce all ordinances prohibiting littering, air or water pollution;
(3) Institute prosecution in the city court of all violations of the sections described in this division.
(Ord. No. 839, § 2, 2-19-92)
•Editor’s note-Ord. No. 839, enacted February 19, 1992, did not specifically amend the Code; inclusion of§§ 1-3 as Div. 3, §§ 18-61-18-63 was at the discretion of the editor.
Supp. No. 1 1138
Sec. 18-68. Summons.
The environmental officer/health inspector, or a person subject to his supervision, may serve upon any violator a summons to appear in the municipal court of the city, such summons to con tain a description of the violation, the address of the property on which the violation occurred, the date of the violation, the time and date of the court hearing and the address at which the court will convene.
(Ord. No. 839, § 3, 2-19-92)
Chapter 19
SANITATION CODE*
Art. I. In General, §§ 19-1—19-35 Art. II. Storage, §§ 19-36—19-65 Art. III. Collection, §§ 19-66—19-95 Art. IV. Permits, §§ 19-96—19-125 Art. V. Litter, §§ 19-126—19-130
Art. VI. Curbside Recycling of Solid Waste, §§ 19-202—19-230 Art. VII. Additional Provisions, §§ 19-231—19-234
ARTICLE I. IN GENERAL
Sec. 19-1. Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them:
Aluminum materials means cans used to hold beverages, foil, wrappers, containers for prepared foods.
Approved incinerator means an incinerator which complies with all current regulations of the state air conservation commission.
Bulky rubbish means nonputrescible solid wastes consisting of combustible and/or noncombustible waste materials from dwelling units, commercial, industrial, institutional or agricultural establishments which are either too large or too heavy to be safely and conveniently loaded in solid waste collection vehicles by solid waste collectors, with the equipment available therefor.
City means the City of Wellston, Missouri.
*Editor’s note—Section 4 of Ord. No. 963, adopted July 7, 1999, amended Ch. 19, title, to read as herein set out. Prior to amendment, Ch. 19 was titled Solid Wastes.
Cross references—Department of public works, § 2-81 et seq.; department of public health and welfare, § 2-106 et seq.; flood damage prevention, Ch. 9; housing, Ch. 11; mobile homes and similar structures, Ch. 14; nuisances, Ch. 15; streets and sidewalks, Ch. 20; traffic and motor vehicles, Ch. 21.
State law reference—Authority to provide for disposal of garbage, trash, RSMo 71.680, 71.690.
Collection means removal and transportation of solid waste from its place of storage to its place of processing or disposal.
Collection facility means a place designated by the city where residents may drop off recyclables for recycling.
Compostables means yard waste such as grass clippings, leaves, vines, hedge and shrub (including rose bushes) trimmings, tree trimmings, and tree limbs less than one (1) inch in diameter and no longer than four (4) feet in length, and/or other such organic materials from the yard.
Contractor means the solid waste hauler selected by the city to collect recyclables for recycling.
Curbside means a location adjacent to and not more than five
(5) feet from any street.
Debris means demolition and construction waste.
Demolition and construction waste means waste materials from the construction or destruction of residential, industrial or commercial structures.
Director means the director of the solid waste management program of the city.
Disposable solid waste container means disposable plastic or paper sacks with a capacity of twenty (20) to thirty-five (35) gallons specifically designed for storage of solid waste.
Dwelling unit means any room or group of rooms located within a structure, and forming a single habitable unit with facilities which are used, or are intended to be used for living, sleeping, cooking and eating.
Garbage means putrescible animal or vegetable wastes resulting from the handling, preparation, cooking, serving or consump tion of food.
Hazardous wastes includes but is not limited to pathological wastes, explosive wastes, pesticides, pesticide containers, toxic or radioactive materials.
Multiple housing facility means a housing facility containing more than one (1) dwelling unit under one (1) roof.
Occupant means any person who, alone or jointly or severally with others, shall be in actual possession of any dwelling unit or of any other improved real property, either as owner or as a tenant.
Person means any natural individual, firm, partnership, trust, association, limited liability company, or corporation.
Premises means any commercial, industrial, institutional or agricultural establishment, or dwelling unit.
Processing means incinerating, composting, baling, shredding, salvaging, compacting and other processes whereby solid waste characteristics are modified or solid waste quantity is reduced:
(1) Commercial solid waste. Solid waste resulting from the operation of any commercial, industrial, institutional or agricultural establishment, and multiple housing facilities with more than two (2) dwelling units.
(2) Residential solid waste. Solid waste resulting from the maintenance and operation of dwelling units, excluding multiple housing facilities with more than two (2) dwelling units.
Recyclables means newsprint; brown, clear and green glass containers; aluminum cans; plastic milk jugs and plastic soda bottles, all rinsed and reasonably free of food, dirt and other contaminants. Also included as a recyclable is any other material that the city and contractor may hereafter mutually agree to collect as recyclable. For the purposes of this article, recyclables shall not include other solid waste, bulk rubbish or special waste as defined in this section.
Recyclables container means a receptacle used by any person to store recyclables during the interval between recyclable collections.
Recycling means the process of remanufacturing recyclables into other products or refurbishing them for reuse.
Refuse means solid waste.
Resident means every person who is an owner or occupant of a premises within the city.
Solid waste means unwanted or discarded waste materials in a solid or semisolid state, including but not limited to garbage, ashes, street refuse, rubbish, dead animals, animal and agricultural wastes, yard wastes, discarded appliances, special wastes, industrial wastes and demolition and construction wastes.
Solid waste container means a receptacle used by any person to store solid waste during the interval between solid waste collections.
Solid waste disposal means the process of discarding or getting rid of unwanted material, in particular the final disposition of solid waste by man.
Solid waste management means the entire solid waste system of storage, collection, transportation, processing and disposal.
Storage means keeping, maintaining or storing solid waste from the time of its production until the time of its collection.
Transportation means the transporting of solid waste from the place of collection or processing to a solid waste processing facility or solid waste disposal area.
Yard wastes means grass clippings, leaves and tree trimmings. (Code 1980, § 22-1; Ord. No. 911, § 2, 2-21-96)
Cross reference—Definitions and rules of construction generally, § 1-2.
Sec. 19-2. Rules and regulations.
(a) The director shall make, amend, revoke and enforce reasonable and necessary rules and regulations, governing, but not limited to:
(1) Preparation, drainage and wrapping of garbage deposited in solid waste containers, and recyclables deposited in recyclables containers.
(2) Specifications for solid waste and recyclables containers, including the type, composition, equipment, size and shape thereof.
(3) Identification of solid waste and recyclables containers and of the covers thereof, and of equipment thereto appertaining, if any.
(4) Weight limitations on the combined weight of solid waste and recyclables containers and the contents thereof, and weight and size limitations on bundles, on bundles of solid waste too large for solid waste containers or bundles of recyclables too large for recyclables containers.
(5) Storage of solid waste in solid waste containers or recyclables in recyclables containers.
(6) Sanitation, maintenance and replacement of solid waste and recyclables containers.
(7) Schedules of and routes for collection of solid waste and recyclables.
(8) Collection points of solid waste and recyclables containers.
(9) Collection and disposal of solid waste and recyclables.
(10) Processing facilities and fees for the use thereof.
(11) Disposal facilities and fees for the use thereof.
(12) Records of quantity and type of wastes received at processing and/or disposal facilities.
(13) Handling of special wastes such as toxic wastes, sludges, ashes, agriculture, construction, bulky items, tires, auto- mobiles, oils, greases, etc.
(b) The city official who is responsible for preparing utility and other service charge billings for the city is hereby authorized to make and promulgate reasonable and necessary rules and regulations for the billing and collection of solid waste collection and/or disposal service charges.
(c) A copy of any and all rules and regulations made and promulgated under the provisions hereof shall be filed in the office of the city clerk.
(Code 1980, § 22-2; Ord. No. 911, § 3, 2-21-96)
Sec. 19-3. Inspections.
In order to insure compliance with the laws of this state, this chapter and the rules and regulations authorized herein, the director is authorized to inspect all phases of solid waste management within the city. No inspections shall be made in any residential unit unless authorized by the occupant or by due process of law.
(Code 1980, § 22-3)
Sec. 19-4. Notice of violations.
In all instances where inspections reveal a violation of the provisions of this chapter, the rules and regulations authorized herein for the storage, collection, transportation, processing, recycling or disposal of solid waste or recyclables, or the laws of the state, the director shall issue notice for each such violation stating therein the violation or violations found, the time and date and the corrective measure to be taken, together with the time in which such corrections shall be made.
(Code 1980, § 22-4; Ord. No. 911, § 4, 2-21-96)
Sec. 19-5. Enforcement.
In all cases involving violations of this chapter, when the corrective measures have not been taken within the time specified, the director shall suspend or revoke the permit or permits involved in the violation; however, in those cases where an extension of time will permit correction and there is no public health hazard created by the delay, one (1) extension of time not to exceed the original time period may be given.
(Code 1980, § 22-5)
Sec. 19-6. Appeals.
Any person who feels aggrieved by any notice of violation or order issued pursuant thereto of the director may, within ten (10) days of the act for which redress is sought appeal directly to the county court in writing, setting forth in a concise statement the act being appealed and the grounds for its appeal.
(Code 1980, § 22-6)
Sec. 19-7. Prohibited practices.
It shall be unlawful for any person to:
(1) Deposit solid waste in any solid waste container other than his own, or deposit recyclables in any recyclables
other than his own, without the written consent of the owner of such container and/or, with the intent of avoiding payment of the service charge hereinafter provided for collection and disposal of solid waste and recyclables.
(2) Interfere in any manner with solid waste or recyclables collection equipment, or with solid waste collectors in the lawful performance of their duties as such, whether such equipment or collectors shall be those of the city, or those of a solid waste collection agency operating under con- tract with the city.
(3) Burn solid waste unless an approved incinerator is pro- vided or unless a variance has been obtained from the appropriate air pollution control agency.
(4) Dispose of solid waste at any facility or location which is not approved by the city and the state division of health.
(5) Engage in the business of collecting, transporting, processing or disposing of solid waste or recyclables within the corporate limits of the city without a permit from the city, or operate under an expired permit, or operate after a permit has been suspended or revoked.
(Code 1980, § 22-7; Ord. No. 911, § 5, 2-21-96)
Secs. 19-8—19-35. Reserved.
ARTICLE II. STORAGE
Sec. 19-36. Containers required.
The occupant of every dwelling unit and of every institutional, commercial, business, industrial or agricultural establishment producing solid waste within the city shall provide sufficient and adequate containers for the storage of all solid waste except bulky rubbish and demolition and construction waste to serve each such dwelling unit and/or establishment; and to maintain such solid waste containers at all times in good repair.
(Code 1980, § 22-19)
Sec. 19-37. Container specifications—Residential.
Residential solid waste shall be stored in containers of not more than thirty-five (35) gallons nor less than twenty (20) gallons in nominal capacity. Containers shall be leakproof, waterproof and fitted with a fly-tight lid and shall be properly covered at all times except when depositing waste therein or removing the contents thereof. The containers shall have handles, bails or other suitable lifting devices or features. Containers shall be of a type originally manufactured for residential solid waste, with tapered sides for easy emptying. They shall be of light weight and sturdy construction. The weight of any individual container and contents shall not exceed seventy-five (75) pounds. Galvanized metal containers, rubber or fiberglass containers, and plastic containers which do not become brittle in cold weather, may be used. Disposable solid waste containers with suitable frames or containers as approved by the director may also be used for storage of residential solid waste.
(Code 1980, § 22-20)
Sec. 19-38. Same—Commercial.
Commercial solid waste shall be stored in solid waste containers as approved by the director. The containers shall be water- proof, leakproof and shall be covered at all times except when depositing waste therein or removing the contents thereof; and shall meet all requirements as set forth by section 19-2.
(Code 1980, § 22-21)
Sec. 19-39. Use, maintenance of containers.
The occupant of every dwelling unit and of every institutional, commercial, industrial, agricultural or business establishment shall place all solid waste to be collected in proper solid waste containers, except as otherwise provided herein, and shall maintain such solid waste containers and the area surrounding them in a clean, neat and sanitary condition at all times.
(Code 1980, § 22-22)
Sec. 19-40. Preparation of tree limbs.
Tree limbs less than four (4) inches and greater than one (1) inch in diameter and brush greater than one (1) inch in diameter shall be securely tied in bundles not larger than forty-eight (48) inches long and eighteen (18) inches in diameter when not placed in storage containers. The weight of any individual bundle shall not exceed seventy-five (75) pounds.
(Code 1980, § 22-23; Ord. No. 911, § 6, 2-21-96)
Sec. 19-41. Reserved.
Editor’s note—Ord. No. 911, § 7, adopted Feb. 21, 1996, repealed § 19-41, which pertained to preparation of yard wastes and derived from Code 1980,
§ 22-24.
Sec. 19-42. Disposal of unapproved containers.
Solid waste containers which are not approved will be collected together with their contents and disposed of.
(Code 1980, § 22-25)
Sec. 19-43. Drainage.
All wet garbage shall be drained before being placed in garbage receptacles.
(Code 1980, § 22-26)
Sec. 19-44. Feeding to animals.
It shall be unlawful for any person to feed, or permit to be fed garbage or offal to any animal in the city.
(Code 1980, § 22-27)
Cross reference—Animals and fowl generally, Ch. 4.
Sec. 19-45. Scavenging.
Scavenging in or from any refuse container is prohibited. As used herein, “scavenging” means the physical examination of refuse in a refuse container or the removal of items from a refuse container by persons other than refuse collectors, law enforcement officers, city employees and persons authorized under this sanitation code to use the refuse container.
§ 19-46 WELLSTON CODE
Sec. 19-46. Removal of solid waste containers.
Residents, both residential and commercial, shall no earlier than 6:00 p.m. of the day prior to the day for schedules collection of solid waste from their respective dwellings, place the solid waste containers at the curbside adjacent to the dwelling or garage accessory thereto so that it is visible from the street in front of the dwelling. After the scheduled collection, the containers for solid waste and any solid waste not collected shall be removed from curbside by the resident by 7:00 p.m. the day of collection.
(Ord. No. 993, § 3, 8-15-01)
Secs. 19-47—19-65. Reserved.
ARTICLE III. COLLECTION
Sec. 19-66. Generally.
All solid waste shall be collected from all premises by a collection service. Bulky rubbish will be collected if tied securely in bundles not exceeding reasonable limitations of weight and bulk to be fixed by regulations to be made and promulgated by the director.
(Code 1980, § 22-39; Ord. No. 859, § 1, 3-3-93)
Sec. 19-67. Frequency.
All residential solid waste, other than bulky rubbish, shall be collected at least once a week. At least seventy-two (72) hours shall intervene between collections. All commercial solid waste shall be collected twice weekly, and shall be collected at such lesser intervals as may be fixed by the director or city council upon a determination that such lesser intervals are necessary for the preservation of the health and/or safety of the public.
(Code 1980, § 22-40; Ord. No. 859, § 2, 3-3-93)
Sec. 19-68. Collection vehicles.
All collection vehicles shall be maintained in a safe, clean an operated as to prevent spillage of solid waste therefrom. All vehicles to be used for collection of solid waste shall be constructed with watertight bodies and with covers which shall be an integral part of the vehicle or shall be a separate cover of suitable material with fasteners to secure all sides of the cover to the vehicle and shall be secured whenever the vehicle is transporting solid waste, or, as an alternate, the entire bodies thereof shall be enclosed, with only loading hoppers exposed. No solid waste shall be transported in the loading hopper.
(Code 1980, § 22-41)
Sec. 19-69. Removal of earth, rock.
Permits shall not be required for the removal, hauling or disposal of earth and rock. Such material shall be conveyed in tight vehicles, trucks or receptacles, so constructed and maintained that none of the material being transported shall spill upon the public rights-of-way.
(Code 1980, § 22-42)
Sec. 19-70. Disposal of solid waste—Generally.
Solid waste shall be disposed of at a processing facility or disposal area approved by the city and complying with all requirements of the state division of health.
(Code 1980, § 22-43)
Sec. 19-71. Same—Hazardous wastes.
The director may classify certain wastes as hazardous wastes which will require special handling and shall be disposed of only in a manner acceptable to the director and which will meet all local, state and federal regulations.
(Code 1980, § 22-44)
Sec. 19-72. Service charges.
(a) There is hereby imposed, for the collection and disposal of solid waste, a service charge for each dwelling unit and each commercial establishment to which such service shall be provided under the provisions of this chapter. The service charge per each and thirty-six dollars ($36.00) quarterly. The service charge per each commercial establishment shall be twelve dollars ($12.00) monthly and thirty-six dollars ($36.00) quarterly.
(b) The service and the service charge shall be terminated upon presentation of satisfactory proof of the director that any such dwelling unit or establishment is unoccupied and shall be commenced upon renewed occupancy thereof.
(Code 1980, § 22-45; Ord. No. 992, § 3, 8-15-01)
Sec. 19-73. Contract for collection, removal and disposal.
The city may provide, by contract, and grant an exclusive franchise for the collection, removal, and disposal of residential solid waste, garbage, and rubbish from all single-family dwellings, apartments and flats in the city; provided, however, the party given the exclusive franchise with the city shall be responsible for collecting the contract fees from owner and/or occupants of the dwelling units. However, it shall be the responsibility of each owner and occupant of a dwelling unit to pay the required fees imposed by the contract in accordance with this ordinance or regulations set by the council.
(Ord. No. 859, § 4, 3-3-93)
Secs. 19-74—19-95. Reserved.
ARTICLE IV. PERMITS*
Sec. 19-96. Required.
No person shall engage in the business of collecting, transporting, processing or disposing of solid waste within the city without first obtaining an annual permit therefor from the city; provided, however, that this provision shall not be deemed to apply to employees of the holder of any such permit.
(Code 1980, § 22-57)
*Cross reference—Licenses and taxation generally, Ch. 13.
SANITATION CODE § 19-98
Sec. 19-97. Application.
Each applicant for any permit required by the provisions of this article shall state in his application therefor:
(1) The nature of the permit desired, as to collect, transport, process or dispose of solid waste or any combination thereof.
(2) The characteristics of solid waste to be collected, trans- ported, processed, or disposed.
(3) The number of solid waste vehicles to be operated there- under.
(4) The precise location or locations of solid waste processing or disposal facilities to be used.
(5) Boundaries of the collection area.
(6) Such other information as required by the director. (Code 1980, § 22-58)
Sec. 19-98. Insurance.
(a) No such permit shall be issued until and unless the applicant therefore, in addition to all other requirements set forth, shall file and maintain with the director evidence of a satisfactory public liability insurance policy, covering all operations of such applicant pertaining to such business and all vehicles to be operated in the conduct thereof, in the amount of not less than one hundred thousand dollars ($100,000.00) for each person injured or killed, and in the amount of not less than four hundred thousand dollars ($400,000.00) in the event of injury or death of two (2) or more persons in any single accident, and in the amount of not less than fifty thousand dollars ($50,000.00) for damage to property. Such policy may be written to allow the first one hundred dollars ($100.00) of liability for damage to property to be deductible.
(b) Should any such policy be cancelled, the director shall be notified of such cancellation by the insurance carrier in writing not less than ten (10) days prior to the effective date of such cancellation, and provisions to that effect shall be incorporated in such policy which shall also place upon the company writing such policy the duty to give such notice.
(Code 1980, § 22-59)
Sec. 19-99. Fee.
The annual fee for a permit issued under the provisions of this article shall be two hundred dollars ($200.00) for each solid waste processing or disposal facility to be operated and a fee of one hundred dollars ($100.00) for each collection vehicle to be used. (Code 1980, § 22-60; Ord. No. 772, § 2, 5-4-88)
Sec. 19-100. Modifications.
If, in the opinion of the director, modifications can be made to the application regarding service, equipment or mode of opera- tion, so as to bring the application within the intent of this chapter; the director shall notify the applicant in writing setting forth the modifications to be made and the time in which it shall be done.
(Code 1980, § 22-61)
Sec. 19-101. Denial.
If the applicant does not make the modifications pursuant to section 19-100 within the time limit specified therein, or if the application does not clearly show that the collection, transportation, processing or disposal of solid wastes will create no public health hazard or be without harmful effects on the environment, the application shall be denied and the applicant notified by the director, in writing, stating the reason for such denial. Nothing in this section shall prejudice the right of the applicant to reapply after the rejection of his application provided that all aspects of the reapplication comply with the provisions of this chapter. (Code 1980, § 22-62)
Sec. 19-102. Issuance.
If the application shows that the applicant will collect, trans public health or damage to the environment and in conformity with the laws of the state and this chapter, the director shall issue the permit authorized by this article.
(Code 1980, § 22-63)
Sec. 19-103. Duration.
Each permit issued under the provisions of this article shall be valid for a period of one (1) year.
(Code 1980, § 22-64)
Sec. 19-104. Renewal.
The annual permit issued under the provisions of this article may be renewed simply upon payment of the fee or fees as designated herein if the business has not been modified. If modifications have been made, the applicant shall reapply for a permit as set forth in sections 19-97 and 19-98.
(Code 1980, § 22-65)
Sec. 19-105. Transfer.
No permit issued under the provisions of this article shall be transferable from person to person.
(Code 1980, § 22-66)
Sec. 19-106. Display of number.
All motor vehicles operating under any permit required by this article shall display the number or numbers on each side in colors which contrast with that of the vehicle, such numbers to be clearly legible and not less than three (3) inches high. Each permit for processing or disposal facilities shall be prominently displayed at the facility.
(Code 1980, § 22-67)
Secs. 19-107—19-125. Reserved.
ARTICLE V. LITTER*
Sec. 19-126. Definitions.
[The following words and phrases when used herein shall, for the purposes of this chapter, have the meanings ascribed to them.]
Construction waste shall mean waste from building construction such as scraps of wood, concrete, masonry, roofing, siding, structural metal, wire, fiberglass insulation, other building materials, plastics, styrofoam, twine, baling and strapping materials, cans and buckets, and other packaging materials and containers.
Demolition waste shall mean solid waste, largely inert waste, resulting from the demolition or razing of buildings, roads, and other manmade structures. Demolition waste consists of, but is not limited to, concrete, brick, bituminous concrete, wood, masonry, composition roofing and roofing paper, steel, and minor amounts of metals like copper.
Garbage shall mean all solid and semisolid, putrescible animal, and vegetable waste resulting from the handling, preparing, cooking, storing, serving, and consuming of food or of material intended for use as food and includes all such substances from all public and private establishments and from all residents.
Landclearing waste shall mean natural vegetation and minerals from clearing and grubbing land for development, such as stumps, brush, vines, tree branches, tree bark, wood chips, mud, dirt, sod, and rocks.
Litter shall mean garbage, rubbish refuse, yard waste, demolition waste, construction waste, landclearing waste, and any waste material or trash.
Open dumping shall mean the depositing, releasing, dumping, discarding, throwing, storing, or dropping of solid waste on the surface of the ground or into a body or stream of water.
Refuse shall mean putrescible and nonputrescible waste, including but not limited to garbage, rubbish, ashes, incinerator residues, street cleanings, construction waste, demolition waste, landclearing waste, dead animals, abandoned vehicles, vehicles parts, abandoned equipment, abandoned machinery, appliances, tires, market and industrial solid waste, and sewage treatment waste in dry or semi-solid form.
Rubbish shall mean nonputrescible solid waste consisting of combustible and noncombustible waste, such as ashes, paper,
cardboard, tin cans, wood, glass bedding, crockery, metal, house- hold refuse (except garbage), or commercial refuse (except garbage).
Solid waste shall mean garbage, refuse, rubbish, litter, and other similar discarded solid or semi-solid materials, including but not limited to such materials resulting from industrial, commercial, agricultural, and domestic activities.
Yard waste shall mean trees, tree trimmings, branches, stumps, brush, weeds, leaves, grass, shrubbery, yard trimmings, garden vegetation, sod, roots, and wood chips.
(Code 1980, § 22-79; Ord. No. 871, § 2, 6-1-94; Ord. No. 1008, § 1,
8-7-02)
Cross reference—Definitions and rules of construction generally, § 1-2.
Sec. 19-127. General prohibition.
No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the city except in public receptacles, or authorized private receptacles for collection. It shall be unlawful for any person to deposit upon any street, sidewalk, park grounds, or any other private or public place within the city any solid waste, including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and solid and industrial waste; and other solid waste consisting of both combustible and noncombustible waste, such as paper wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, glass bottles, plastic bottles, metal or any containers, bedding and similar materials.
(Code 1980, § 22-80; Ord. No. 871, § 4, 6-1-94)
Sec. 19-128. Sweeping into gutters, streets.
No person shall sweep into or deposit into any gutter, street or other public place within the city an accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.
(Code 1980, § 22-81)
Sec. 19-129. Throwing from vehicles.
No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or any public place within the city, or upon private property.
(Code 1980, § 22-82)
Sec. 19-130. Protection of vehicle load.
No person shall drive or move any truck or other vehicle within the city unless such vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited upon any street, alley or other public place. Nor shall any person drive or move any vehicle or truck within the city, the wheels or tires of which shall carry onto or deposit in any street, alley or other public place, mud, dirt, sticky substances, litter or foreign matter of any kind.
(Code 1980, § 22-83)
Sec. 19-131. Dumping prohibited.
It shall be unlawful for any person to use or allow anyone else to use any land, premises or property, or in any body of water within the city for the dumping or disposal of any construction waste, demolition waste, garbage, landclearing refuse, rubbish, solid waste or yard waste (as these terms are hereinafter de- fined); provided, however, that this prohibition shall not apply at a facility provided by the city for such purpose.
(Ord. No. 1008, § 3, 8-7-02)
Sec. 19-132. Fine shall apply.
If any person, company, corporation, firm, organization or entity violates this article by committing an act of illegal dumping is guilty of an offense, a fine equal to one thousand dollars ($1,000.00) for each offense. Failure to comply could result in misdemeanor charges. Each day of noncompliance shall constitute a separate and distinct offense.
(Ord. No. 1008, § 4, 8-7-02)
Secs. 19-133—19-199. Reserved.
ARTICLE VI. CURBSIDE RECYCLING OF SOLID WASTE
Sec. 19-200. Purpose.
The purpose of this article is to require recycling of materials that would otherwise become solid waste if not separated, collected, processed and returned to the economic stream in the form of raw materials or products. Due to the great public interest in preserving the environment, it shall be the policy of the city to require the mandatory separation and collection of recyclable materials to the fullest extent possible.
(Ord. No. 911, § 8, 2-21-96)
Sec. 19-201. Separation and storage of recyclables.
(a) Every resident of every premises shall separate the recyclables from their respective premises from all other refuse, garbage, rubbish, waste matter, and compostables and shall store the recyclables in a recyclables container furnished by the city. Except for additional containers purchased by residents, recyclables containers shall be the property of the contractor and shall remain on the premises when residents relocate. Residents who need additional recyclables containers may purchase the same from the city.
(b) All recyclables may be placed together in the recyclables container. If necessary to save space in the recyclables container, newsprint may be bundled separately and placed next to the recyclables container at curbside.
(c) Residents, not earlier than 6 p.m. of the day prior to the day for scheduled collection of recyclables from their respective dwellings, shall place the recyclables containers at the curbside adjacent to the dwelling or garage accessory thereto and visible from the street in front of the dwelling. After the scheduled collection, the containers for recyclables and any recyclables not collected shall be removed from curbside by the resident by 7 p.m. of the day of collection.
(d) The deposit of unauthorized materials into a recyclables container or bin, or removal of another person’s recyclables from a container or bin, or conversion of a recyclables container, or removal of a recyclables container from another person’s premises, or the deposit of recyclables and/or compostables into any container containing refuse, garbage, rubbish, or waste matter shall be deemed a violation of this chapter.
(e) Except as approved by the director, all containers for recyclables and compostables stored out of doors shall be stored behind any building located on the tract of land.
(Ord. No. 911, § 8, 2-21-96)
Sec. 19-202. Storage of compostables.
(a) Every resident of every premises shall separate compostables from their respective premises from all other refuse, garbage, rubbish, waste matter and recyclables. Compostables to be collected by the city or the collector shall be stored in containers which are either biodegradable paper bags, thirty (30) gallon reusable metal or plastic containers, or ninety (90) gallon heavy plastic portable tote containers. Containers for compostables must be tightly sealed to prevent nuisance odors.
(b) Plastic bag containers shall not be used for compostables collection.
(c) All compostables may be placed together in the same compostables container described in subsection (a), above. How- ever, small limbs no longer than four (4) feet long and less than one (1) inch in diameter and branches may also be bundled and placed at curbside on recycling day.
(d) Compostables shall be placed at the curbside on the same collection day, in the same manner and at the same time as recyclables.
(e) Compostables shall be stored in containers so constructed and maintained as to prevent the dispersal of wastes placed therein upon the premises served, upon adjacent premises, or upon adjacent public rights-of-way. The weight of any individual container and contents shall not exceed seventy-five (75) pounds. (Ord. No. 911, § 8, 2-21-96)
Sec. 19-203. Recyclables and compostables—Collection.
(a) Collection of recyclables and compostables from premises shall be by a hauler selected by the city, which hauler shall be duly licensed by the city. Also, such collection shall be done in compliance with all other applicable ordinances of the city, now or hereafter in effect. The recyclables and compostables shall be collected from the premises covered by such contract by the collector under contract with the city and on terms and conditions set out in such contract.
(b) The collection of recyclables and compostables at curbside by any private hauler not authorized by the city is expressly prohibited.
(c) The contractor shall collect all recyclables and compostables on the same day once each week in accordance with schedules of and routes for collection as determined by the director.
(d) Neither the foregoing provisions of this section nor any other provisions of this article shall prevent any resident from discarding that resident’s recyclable by personally delivering them to a recycling plant, centralized collection site, manufacturer, or other vendor, or donating the same to nonprofit civic, charitable, or service organizations.
(e) The city may designate a central collection site for the discarding of recyclables.
(Ord. No. 911, § 8, 2-21-96)
Sec. 19-204. Same—Disposal.
(a) Recyclables shall not, in any event:
(1) Be deposited in any landfill;
(2) Be burned in any incinerator; or
(3) Be deposited or distributed in any way or manner which is contrary to the then applicable law, statute, ordinance, rule or regulation.
Provided, however, that the restrictions in subsections (1) and (2), above, shall not apply to any recyclables or compostables which are deposited in a landfill or burned pursuant to specific prior written approval granted by the city.
(b) Residents shall take such action as is reasonable under the circumstances to determine that recyclables and compostables are not disposed of contrary to the provisions of this section. (Ord. No. 911, § 8, 2-21-96)
Sec. 19-205. Same—Ownership.
All recyclable and compostable materials shall be owned by and be the responsibility of the residents of premises until they are collected by the collector at curbside. Upon collection of the recyclable and/or compostable materials at the curbside by the collector, the recyclable and/or compostable materials, with the exception of recyclable containers and/or compostable containers which are reusable, become the property and responsibility of the contractor.
(Ord. No. 911, § 8, 2-21-96)
Sec. 19-206. Same—Disposal.
Contractor shall dispose of recyclables at a local recycling and/or composting facility, if available. Otherwise, contractor may sell recyclables and/or compostables to any purchaser of contractor’s choosing, unless otherwise directed by the city. Contractor shall be entitled to retain the proceeds of any sale thereof.
(Ord. No. 911, § 8, 2-21-96)
Sec. 19-207. Recyclables containers—Care.
Each resident shall be responsible for the cleanliness and proper care of each recyclables container in his/her possession. Abuse of the container will cause the forfeit of a resident’s right to a free replacement container when necessary.
(Ord. No. 911, § 8, 2-21-96)
Sec. 19-208. Same—Replacement.
The contractor’s employees shall evaluate the condition of recyclables containers for possible reuse. If reusable, they will be left with the resident for the next week’s collection. In the event the recyclables container is determined to be unserviceable due to usual wear and tear, for another week, a new recyclables container furnished by the city at no charge will be left with the resident and the old recyclables container will be collected and recycled. Recyclables containers will be exchanged on a one-for- one basis and determined by condition at collection time. The number of new containers furnished will be reported to the city monthly along with the contractor’s monthly summary report. (Ord. No. 911, § 8, 2-21-96)
Sec. 19-209. Contractor’s report.
(a) Contractor may retail all proceeds of sale of recyclables and/or compostables to recycling plants, manufacturers or other users.
(b) The contractor shall submit a monthly summary of the quantity and kinds of recyclable and compostable materials collected and the primary purchaser(s) of those materials. Monthly summaries shall be submitted no later than the fifteenth day of the month following the month for which the report is submitted. A weight ticket showing tons of recyclables and compostables collected shall accompany each report.
(c) The contractor shall provide access to the city, or any of its duly authorized representatives, to review any books, documents, papers and records of the contractor which are directly pertinent to this article for the purpose of making an audit, other examination and preparing excerpts and transcriptions.
(Ord. No. 911, § 8, 2-21-96)
Sec. 19-210. Service charges.
(a) The city council may impose for the collection and disposal of recyclables a service charge per month for each dwelling unit to which such service shall be provided under the provisions of this article. The service charge for each commercial establishment
will be determined by the director on the basis of quantity and characteristics of material, point of pickup, and time required to collect the recyclables if service is performed by the city or contractor.
(b) The service and service charge shall be terminated upon presentation of satisfactory proof of the director that any such dwelling unit or establishment is unoccupied, and shall be commenced upon renewed occupancy thereof.
(c) The applicable service charge when imposed shall be due and payable quarterly, no later than the tenth day of March, June, September, and December of each year.
(d) Failure to pay the service charge by the payment deadline shall result in a five dollar ($5.00) late charge being assessed against the person who is the owner/occupier of any delinquent dwelling unit, and a ten dollar ($10.00) late charge being assessed against the person who is the owner/occupier of a delinquent commercial establishment.
(Ord. No. 911, § 8, 2-21-96)
Sec. 19-211. Training and education.
In order to effect a smooth transition to the mandatory recycling program, the contractor shall provide any and all training and education reasonably necessary to the residents of the city.
(Ord. No. 911, § 8, 2-21-96)
Sec. 19-212. Scavenging of recyclable materials.
It shall be unlawful for any person to take, steal, contaminate or disturb any of the recyclable materials set out for collection or any container used for the storage and collection of such recyclable materials.
(Ord. No. 911, § 8, 2-21-96)
Secs. 19-213—19-230. Reserved.
ARTICLE VII. ADDITIONAL PROVISIONS*
Sec. 19-231. Penalties.
Unless otherwise provided in this sanitation code, whoever violates the provisions of this sanitation code shall be guilty of a misdemeanor offense and shall be punished by a fine not to exceed five hundred dollars ($500.00) for each offense.
(Ord. No. 963, § 6(19-131), 7-7-99)
Sec. 19-232. Reward.
Any individual who reports a violation of this sanitation code and which violation is independently verified by the city, may be entitled to a reward of one hundred dollars ($100.00). Such reports of violations shall be made at the office of the city clerk. An investigation shall be made by the director of public works and, at the conclusion of such investigation, a finding shall be issued. If the director of public works determines that a violation of this sanitation code has in fact occurred, the individual(s) responsible for submitting the report shall receive a reward of one hundred dollars ($100.00). Such reward shall be payable as determined by the mayor.
(Ord. No. 963, § 6(19-132), 7-7-99)
Sec. 19-233. Special fund.
The proper officials of the city are hereby ordered to create a special sanitation account. All revenues generated from the implementation of this sanitation code shall be deposited into this account and shall be used only in connection with implementing this sanitation code. From time to time, the city council may, however, transfer monies from this special sanitation account to the city’s general funds. The treasurer is hereby directed to maintain separate books and records concerning this account. (Ord. No. 963, § 6(19-133), 7-7-99)
*Editor’s note—Section 6 of Ord. No. 963, adopted July 7, 1999, enacted new provisions to be designated as Art. VI, §§ 19-131—19-134. Inasmuch as there already exists an Art. VI, said provisions have been redesignated as Art. VII,
§§ 19-231—19-234. Original numbering has been maintained in history notes following each section.
Sec. 19-234. False statement.
Any person who makes, or causes to be made, a false statement or other material misrepresentation on any application, appeal or other document filed with the city in connection with this sanitation code shall be guilty of a misdemeanor offense and shall be subject to a fine of not more than five hundred dollars ($500.00) for each offense.
(Ord. No. 963, § 6(19-134), 7-7-99)
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Chapter 20
STREETS AND SIDEWALKS*
Art. I. In General, H 20.1-20.30
Art. II. E:ii:cavations, §§ 20-31-20-60
Art. III. Curbs, Gutters, Driveway&,§§ 20-61-20-90
Art. IV. Vacation of Streets and Alleys,§§ 20-91-20-95
ARTICLE I. IN GENERAL
Sec. 20-1. Affidavits for funds from road and bridge tax refund.
The mayor is hereby authorized to execute for and on behalf of the city for the calendar year 1975 and thereafter such affidavits as may from time to time be required by law with regard to the use and application by the city of funds received from the county road and bridge tax refund. Such use and application of such refund shall be in accordance with the laws of the state.
(Code 1980, § 23-1)
Sec. 20-2. Sidewalks, gutters; duty to keep clean.
The owners, managers, agents or occupiers of premises or tenements, or vacant lots owned by them, under their charge or occupied by them, shall keep the sidewalks and gutters in the public highway adjacent to the property owned, controlled or occupied by them swept and clear of mud, dirt and filth and shall also keep clear and free from mud, dirt, debris, ashes and filth the portion of the public alley adjacent to property owned, controlled or occupied by them from the adjacent side of such alley to the center of the alley.
(Code 1980, § 23-2)
*Cross references-Department of public works, § 2-81 et seq.; alcoholic beverages, Ch. 3; civil defense, Ch. 6; flood damage prevention, Ch. 9; housing, Ch. 11; mobile homes and similar structures, Ch. 14; police, Ch. 18; solid waste, Ch. 19; traffic and motor vehicles, Ch. 21; vehicles for hire, Ch. 22; zoning, App. A.
State law references-Control of streets, sidewalks, RSMo 77.520; changing names of streets, RSMo 77.220.
Sec. 20-3. Removal of snow, ice.
After any fall of snow, the owners, managers, agents, or occupiers of property abutting the sidewalks in the city shall cause the snow to be immediately removed from the improved area of the sidewalk. in the public highway adjacent to the property owned, managed or occupied by them, and the improved area of the side walk. shall also be kept clear of ice at all times. If no part of the sidewalk area be improved, then a lane five (5) feet wide in the sidewalk. area shall be kept free from snow and ice at all times. Where houses are occupied by several tenants, it shall be the duty of the person occupying the tenement nearest the public highway involved to comply with the requirements of this section.
(Code 1980, § 23-3)
Sec. 20-4. Specific improvements.
Specific improvements to streets, sidewalks, etc., done under special tax bills shall be done pursuant to provisions of state law. (Code 1980, § 23-4)
State law references-Public improvements, RSMo 71.290 et seq.; public works and special assessments, RSMo Ch. 88.
Sec. 20-5. Specifications generally.
The construction, reconstruction, alteration or repair of all streets, sidewalks, curbs, gutters, driveways and all other improvements to the public streets, sidewalks, alleys and other public ways shall be in compliance with plans and specifications therefor duly promulgated by the city engineer and approved by the city council.
(Code 1980, § 23-5)
Sec. 20-6. Posting of street numbers.
(a) Every owner, tenant, or occupant of every residence and building located within the city, shall conspicuously post or cause to be conspicuously posted on the front and rear of same the number of the street address for the aforesaid residence or building so that the number of the street address can be read from outside the property line of the residence or building.
(b) Any person who violates any provision of this section shall upon conviction thereof be ordered to pay a fine of not less than twenty-five dollars ($25.00) and no more than five hundred dollars ($500.00).
(Ord. No. 817, §§ 1, 3, 2-6-91)
Editor’s note-Ord. No. 817, enacted February 6, 1991, did not specifically amend the Code; inclusion of§§ 1, 3 as § 20-6(al, (bl was at the discretion of the editor.
Secs. 20-7-20-30. Reserved.
ARTICLE II. EXCAVATIONS*
Sec. 20-31. Permit-Required.
Before any person shall make any excavation in the streets or sidewalks of the city, such person shall apply for and obtain a permit to make such excavation in any street or sidewalk of the city under the regulations and on payment of fees and deposits as hereinafter provided.
(Code 1980, § 23-17)
Sec. 20-32. Same-Form.
The permit required by this article shall be in the following form:
EXCAVATION PERMIT
Date _ N.. o _
Permission is hereby granted to of
to make an excavation in the street and sidewalk at the premises known and numbered as —-·
Receipt of fees and deposits as provided in Ordinance No.
Is hereby acknowledged as follows:
Permit Fee…………………………. $10.00
Deposit Fee …………………………
Total Fees and Deposits $
(Code 1980, § 23-18)
Sec. 20-33. Same-Printing.
The city clerk is hereby authorized and directed to have printed at the expense of the city such permit forms and appropriate application forms for such permits in such numbers as may be necessary.
(Code 1980, § 23-19)
*Cross reference-Licenses and taxation generally, Ch. 13.
Sec. 20-34. Deposit-Required.
Before any permit is issued under this article, there shall be paid to the city clerk the sum of ten dollars ($10.00) as a permit fee and a minimum of two hundred dollars ($200.00) as a deposit to ensure proper replacement and repairs to the streets and side walks which may have been damaged by reason of any excavation.
(Code 1980, § 23-20)
Sec. 20-35. Same-Accounts to which credited.
The permit fees herein provided for shall be deposited to the general fund of the city, and the excavators’ deposits shall be deposited to the builders’ refund account of the city, and the last shall be refunded to the person making such deposit by the city treasurer after receipt by him from the inspector of a certificate of inspection certifying that all streets and sidewalks had been properly repaired. Otherwise such deposit shall be used by the city to repair such street or sidewalk; and only the balance thereof, if any, shall be so refunded.
(Code 1980, § 23-21)
Sec. 20-36. Same-Delivered to treasurer.
It shall be the duty of the city clerk to collect all fees and deposits from all applicants hereunder and to account therefor monthly to the city treasurer and to pay into the hands of the treasurer all such sums coming into his hands.
(Code 1980, § 23-22)
Sec. 20-37. Penalty.
Any person who violates any of the terms of this article shall be deemed guilty of a misdemeanor and, on conviction thereof, shall be subject to punishment as provided in section 1-9 of this Code. (Code 1980, § 23-23)
Secs. 20-38-20-60. Reserved.
ARTICLE III. CURBS, GOITERS, DRIVEWAYS
Sec. 20-61. Duty of property owner.
It shall be the duty of every owner of real estate in the city to keep the sidewalks, driveways and entrances adjacent to such property in good repair at all times and free from irregularities and off-sets in the surface thereof which may render the same unsafe for use. Further, every such owner shall maintain all grass, plant, flower or tree growth located between the curb of a city street passing adjacent to his property and the sidewalk passing adjacent to his property.
(Code 1980, § 23-46; Ord. No. 789, § 2, 6-7-89)
Sec. 20-62. Supervision.
All work of constructing, reconstructing or repair of sidewalks, curb and gutter, and driveway entrances shall be done under the supervision of the city engineer. Permits shall be obtained for all such work in accordance with the provisions of applicable provisions of this Code and ordinances of the city.
(Code 1980, § 23-47)
Sec. 20-63. License, bond of contractor.
(a) No person shall do the work of constructing, reconstructing or repairing of any sidewalk, curb and gutter or driveway entrance for another in the city without first having obtained a contractor’s license to do so. Such license shall be issued by the city clerk upon recommendation of the city engineer, on payment of a fee of twenty dollars ($20.00). Such license shall continue in force and effect for a period of one (1) year from date of issue, subject to revocation by the city council for failure of the licensee to observe any of the provisions of this article relating to the construction, reconstruction or repair of any sidewalks, curb and gutter or driveway entrance.
(b) At the time of obtaining such license, such contractor shall give bond to the city in the sum of five hundred dollars ($500.00) to be approved by the mayor conditioned that such contractor will comply with all the laws and ordinances of the city relating to sidewalks, curbs and gutters and driveway entrances, maintaining
warning signs and protection while the work is in progress, to hold the city and property owner harmless from all claims, demands and actions against it or them arising out of such work, to replace any faulty work and remove all debris and clean up after such work is completed.
(c) Driveway entrances and sidewalks may be installed by an owner upon approval by the city engineer provided that such owner shall be required to post a cash deposit of not less than ten dollars ($10.00) nor more than thirty-five dollars ($35.00) guaranteeing that such installation will be made in compliance with all applicable rules and ordinances of the city, that proper warning signs and protection will be provided for the work while in progress, that all faulty work will be replaced and that all rubbish and debris will be removed from the site and adjacent property upon completion of the work. The full amount of this deposit shall be refunded upon satisfactory completion of the work in compliance with the requirements; provided, however, that if these requirements are not complied with, the city engineer shall cause the necessary corrections to be made and deduct the cost thereof from the deposit and shall certify the balance which is to be re turned. The city clerk shall keep a record of all permits issued hereunder in a permanent book and shall pay over all permit fees collected hereunder when received to the city treasurer for de posit in the general revenue fund of the city.
(Code 1980, § 23-48; Ord. No. 770, § 2, 5-4-88)
Sec. 20-64. Condemnation of defective sidewalks.
The city council may, by ordinance or resolution, condemn defective sidewalks, order their removal and provide for the construction of new sidewalks in the place of walks so condemned and removed as provided in this article.
(Code 1980, § 23-49)
Sec. 20-65. Notice to reconstruct, repair.
In instances where it is found that sidewalks or entrances to provide driveways are in an unsafe or dangerous condition or are in need of repair, the city engineer shall notify the property by serving such notice personally on the owner or owners of the
property abutting such sidewalk or driveway entrance or his agent or by depositing such notice in the U.S. mail addressed to the last known address of the owner of the property abutting such side walk or driveway entrance as shown on the tax rolls of the city or by posting such notice on the property abutting such sidewalk or driveway entrance; that such sidewalk or driveway entrance must be reconstructed or repaired within ten (10) days. In the event such sidewalk or driveway entrance is not reconstructed or re paired within such ten-day period, the city council may order the city engineer to cause such work to be done and the street com missioner shall keep an accurate account of the cost thereof, and report the same to the city council for assessment.
(Code 1980, § 23-50)
Sec. 20-66. Special assessment.
When the city engineer or other proper officer or committee has made a report to the city council of the cost of the construction, reconstruction or repair of any sidewalk or sidewalks in the city, under the provisions of this article, the city council at its discretion may levy such cost as a special assessment against each lot and piece of ground abutting such sidewalk and each such lot and piece of ground shall be liable for its part of the cost of the work done or made along or in front of such lot or piece of ground as reported to the city council, and the city clerk shall issue separate tax bills therefor against each lot or piece of ground as reported to the city council for its share of the cost.
(Code 1980, § 23-51)
Sec. 20-67. New construction.
Where a sidewalk has been condemned and is to be replaced with a new walk or where a petition has been received by the council from the owner or owners of fifty-one (51) percent of the front footage of property abutting such sidewalk or where a petition from owner or owners of fifty-one (51) percent of the front footage of property along one (1) side of a street between two (2) intersecting streets, is received by the city council for the construction of a new sidewalk, curb or gutter, along or abutting such property where no sidewalk had previously existed, in the city, the city council in its discretion shall make a contract for the construction of such sidewalk, including grading therefor, with or without curbing, along the street, avenue or other public highway or part thereof involved. Such contract shall be let to the lowest and best bidder, upon plans and specifications filed therefor by the street commissioner with the city clerk after not less than one (1) week’s advertisement for bids thereon, made in some news paper published in the city or having a general distribution and circulation in the city. Before the advertising for bids, an esti mate on the cost of the work shall be made by the city engineer and submitted to the city council, and no contract shall be made for the work at a price exceeding such estimate. Fifty (50) percent of the cost of the construction shall be paid by the city.
(Code 1980, § 23-52)
Sec. 20-68. Procedure when no bid received.
When on proper advertisement as herein provided, no bid is received for the construction of sidewalks, the city council may order the city engineer to cause the work to be done. In such case, the city engineer shall keep an accurate account of the amount expended for labor and materials, including grading and filling, opposite each lot or piece of ground and present such account to the city council for assessment as provided for in this article. (Code 1980, § 23-53)
Sec. 20-69. Obstruction of gutters.
It shall be unlawful for any person to obstruct any street gutter by the deposit of any refuse, dirt, rock, gravel, cinders or any other obstructive matter, or by the construction of any driveway or path across such street gutter unless a suitable pipe sufficient to provide adequate drainage at all times is placed therein. (Code 1980, § 23-54)
Sec. 20-70. Removal of obstruction.
In the event it be determined that any street gutter within the city has been obstructed in violation of section 20-69, it shall be the duty of the marshal to notify the party alleged to be guilty of obstructing such gutter and the owner of the premises abutting such gutter to remove such obstruction and if such obstruction is not removed within five (5) days of such notice, the chief of police shall then cause the obstruction to be removed and the expense of doing so shall be taken against the offending party as part of the costs, upon their conviction for violation of section 20-69.
(Code 1980, § 23-55)
Sec. 20-71. Destruction of street curbs.
Any person who shall willfully or intentionally destroy, break, damage or injure, or procure or induce another to do so, any curb or curbing or any roadway or street within the city shall be deemed guilty of an offense.
(Code 1980, § 23-56)
Secs. 20-72-20-90. Reserved.
ARTICLE IV. VACATION OF STREETS AND ALLEYS
Sec. 20-91. Petition.
Vacation of streets, alleys and common ways in the city shall be initiated by the filing of a petition, describing the street, alley or common way to be vacated, the names of the owners on both sides of the way to be vacated, and signed by the parties filing such petition; provided, however, that the council may dispense with the necessity of said petition by motion.
(Code 1980, § 23-68)
Sec. 20-92. Publication of notice.
Upon the filing of a petition to vacate any street, alley or way the city clerk shall cause the following notice to be published one
(1) time in the official newspaper of the city:
NOTICE
Notice is hereby given that on the day of
, 19_,at a duly convened meeting of the Council of the City of Wellston, Missouri, an ordinance providing for
1261
the vacating of the following streets, alleys and common ways, to wit:
(Description)
will be considered for enactment by the Council. At said meeting, all persons interested may file remonstrance’s and appear and be heard.
City Clerk
The notice herein provided for shall be published not more than ten (10) days, nor less than five (5) days before the meeting at which the vacation ordinance is to be acted upon.
(Code 1980, § 23-69)
Sec. 20-93. Objections; action of council.
(a) Upon a filing of a remonstrance or objection to the vacation of a street, alley or way, pursuant to this article, or a personal appearance at the meeting at which the vacation ordinance is considered in objection thereto, the council shall request the petitioners to furnish written consent to such vacation, signed and acknowledged by two-thirds of the owners of the property abut ting and adjoining the streets, alleys or common ways to be vacated.
(b) Upon such consent being filed, the council may in its discretion enact or refuse to enact the vacation ordinance. If no remonstrance’s or objections are filed, then enactment of such ordinance shall be entirely dependent upon the discretionary power of the council, and no consents shall be necessary, provided that the petitioners constitute two-thirds of the owners of the abutting and adjoining property.
(Code 1980, § 23-70)
Sec. 20-94. Conveyances.
Upon the enactment and passage of any ordinance vacating a street, alley or way under this article, it shall be the duty of the mayor, or acting mayor if the mayor shall be absent or unable to act, to execute the proper conveyances, and for the city clerk to attest such signature and affix the official seal of the city, and to record the entire proceedings with the county recorder of deeds. (Code 1980, § 23-71)
Sec. 20-95. Liability of costs.
All costs incurred in any proceedings initiated under this article shall be paid by the persons petitioning for the vacation of a street, alley or way.
(Code 1980, § 23-72)
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Art. I. In General, §§ 21-1—21-40
Art. II. Administration and Enforcement, §§ 21-41—21-160
Div. 1. Generally, §§ 21-41—21-60
Div. 2. Enforcement and Obedience, §§ 21-61—21-85 Div. 3. Traffic Violations Bureau, §§ 21-86—21-105
Div. 4. Penalties, Procedure Upon Arrest, §§ 21-106—21-130 Div. 5. Impoundment, §§ 21-131—21-160
Art. III. Motor Vehicle License, §§ 21-161—21-200 Art. IV. Abandoned Vehicles, §§ 21-201—21-230
Art. V. Bicycle(s), Scooter(s), Roller Blade(s) and Similar Devices
Art. VI. Operation, §§ 21-266—21-390
Div. 1. Generally, §§ 21-266—21-320
Div. 2. Speed Limits, §§ 21-321—21-335
Div. 3. Stop and Yield Intersections, §§ 21-336—21-355 Div. 4. Turning Movements, §§ 21-356—21-375
Div. 5. One-Way Streets, §§ 21-376—21-390
Art. VII. Stopping, Standing and Parking, §§ 21-391—21-495
Div. 1. Generally, §§ 21-391—21-405
Div. 2. Prohibited in Specified Places, §§ 21-406—21-425
Div. 3. Restricted, Prohibited on Certain Streets, §§ 21-426—21- 440
Div. 4. Loading and Unloading, §§ 21-441—21-455 Div. 5. Parking Meters, §§ 21-456—21-495
Art. VIII. Pedestrians, §§ 21-496—21-525
Art. IX. Traffic-Control Devices, §§ 21-526—21-545
ARTICLE I. IN GENERAL
Sec. 21-1. Definitions.
The following words and phrases when used herein shall for the purpose of this chapter have the meanings ascribed to them. Whenever any words and phrases used herein are not defined
*Cross references—Department of public works, § 2-81 et seq.; alcoholic beverages, Ch. 3; court, Ch. 7; flood damage prevention, Ch. 9; police, Ch. 18; solid waste, Ch. 19; streets and sidewalks, Ch. 20.
State law references—Model traffic ordinance, RSMo Ch. 300; traffic regu- lations, RSMo Ch. 304.
herein but are defined in the state laws regulating traffic and the operating of vehicles, any such definition therein shall be deemed to apply to such words and phrases.
Alley or alleyway means any street with a roadway of less than twenty (20) feet in width.
Authorized emergency vehicle means a vehicle publicly owned and operated as an ambulance, or a vehicle publicly owned and operated by the state highway patrol, police or fire department, sheriff or constable or deputy sheriff, traffic officer or any privately owned vehicle operated as an ambulance when respond- ing to emergency calls.
Bicycle means every device propelled by human power upon which any person may ride, having two (2) tandem wheels, either of which is over twenty (20) inches in diameter.
Business district means the territory contiguous to and includ- ing a highway when within any six hundred (600) feet along the highway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks, or office buildings, railroad stations and public buildings which occupy at least three hundred (300) feet of frontage on one (1) side or three hundred (300) feet collectively on both sides of the highway.
Commercial vehicle means every vehicle designed, maintained or used primarily for the transportation of property.
Controlled-access highway means every highway, street or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over the highway, street or roadway.
Crosswalk means:
(2) Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.
Driver means every person who drives or is in actual physical control of a vehicle.
Freight curb loading zone means a space adjacent to a curb for the exclusive use of vehicles during the loading or unloading of freight (or passengers).
Highway means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
Intersection means:
(1) The area embraced within the prolongation or connection of the lateral curblines, or, if none, then the lateral boundary lines of the roadways of two (2) highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict.
(2) Where a highway includes two (2) roadways thirty (30) feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two (2) roadways thirty (30) feet or more apart, then every crossing of two
(2) roadways of such highways shall be regarded as a separate intersection.
Laned roadway means a roadway which is divided into two (2) or more clearly marked lanes for vehicular traffic.
Motor vehicle means any self-propelled vehicle not operated exclusively upon tracks, except farm tractors and motorized bicycles.
Motorcycle means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground, but excluding a tractor.
Motorized scooters means any two (2), three (3), or four (4) wheeled device which is designed to be ridden in a standing or seated position and is powered by a motor with a cylinder capacity of not more than fifty (50) cubic centimeters and pro- duces less than three (3) gross brake horsepower and is capable of propelling the device with or without human propulsion, except that “motorized scooter” shall not include legitimate devices for use by physically handicapped persons, such as wheelchairs or scooters when operated by a physically handicapped person.
Official time standard. Whenever certain hours are named herein they shall mean standard time or daylight saving time as may be in current use in the city.
Official traffic control devices means all signs, signals, mark- ings and devices not inconsistent with this chapter placed or erected by authority of a public body or official having jurisdic- tion, for the purpose of regulating, warning or guiding traffic.
Park or parking means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers.
Passenger curb loading zone means a place adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers.
Pedestrian means any person afoot.
Police officer means every officer of the municipal police department or any officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.
Private road or driveway means every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons.
Railroad means a carrier of persons or property upon cars, other than streetcars, operated upon stationary rails.
Railroad train means a steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails, except streetcars.
Residence district means the territory contiguous to and in- cluding a highway not comprising a business district when the property on such highway for a distance of three hundred (300) feet or more is in the main improved with residences or residences and buildings in use for business.
Right-of-way means the right of one (1) vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed and proximity as to give rise to danger of collision unless one (1) grants precedence to the other.
Roadway means that portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two (2) or more separate roadways the term “roadway” as used herein shall refer to any such roadway separately but not to all such roadways collectively.
Safety zone means the area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.
Sidewalk means that portion of a street between the curblines, or the lateral lines of a roadway, and the adjacent property lines, intended for use of pedestrians.
Stand or standing means the halting of a vehicle, whether occupied or not, otherwise than for the purpose of and while actually engaged in receiving or discharging passengers.
State highway means a highway maintained by the state as a part of the state highway system.
Stop, when required, means complete cessation from movement.
Stop or stopping, when prohibited, means any halting even momentarily of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control signs or signal.
Street or highway means the entire width between the lines of every way publicly maintained when any part thereof is open to the uses of the public for purposes of vehicular travel.
Through street means every highway or portion thereof on which vehicular traffic is given preferential right-of-way, and at the entrances to which vehicular traffic from intersecting high- ways is required by law to yield right-of-way to vehicles on such through highway in obedience to either a stop sign or a yield sign, when such signs are erected as provided in this chapter.
Traffic means pedestrians, ridden or herded animals, vehicles, streetcars and other conveyances either singly or together while using any highway for purposes of travel.
Traffic-control signal means any device, whether manually, electrically or mechanically operated, by which traffic is alter- nately directed to stop and to proceed.
Trailer means every vehicle with or without motive power, designed for carrying property or persons and for being drawn by a motor vehicle.
Truck means every motor vehicle designed, used or maintained primarily for the transportation of property.
Vehicle means any mechanical device on wheels, designed primarily for use, or used, on highways, except motorized bicy- cles, vehicles propelled or drawn by horses or human power, or vehicles used exclusively on fixed rails or tracks, cotton trailers or motorized wheelchairs operated by handicapped persons.
(Code 1980, § 25-1; Ord. No. 1047, § 1, 4-6-05)
Cross reference—Definitions and rules of construction generally, § 1-2.
State law reference—Similar provisions, RSMo 300.010.
Sec. 21-2. Closing streets.
(a) The traffic engineer is hereby authorized, with the approval of the city manager, to close any street, alley, public place or highway and withdraw the same from public use temporarily and during such period as public work thereon or other public emergency or expediency shall make such action necessary. No person shall use or attempt to use such street, alley, public place or highway so withdrawn from public use or drive or attempt to drive any vehicle or animal thereon.
(Code 1980, § 25-2)
Sec. 21-3. Obstruction to operator’s view or driving mechanism.
(Code 1980, § 25-3)
Sec. 21-4. Placing glass, etc., on street.
Any person who has purposely, accidentally or by reason of an accident, dropped from his person or any vehicle, any tacks, nails, wire, scrap metal, glass, crockery, sharp stones or other sub stances injurious to the feet of persons or animals or to the tires or wheels of vehicles, including motor vehicles, upon any street in the city shall immediately make all reasonable efforts to clear the street of the substances.
(Code 1980, § 25-4)
Cross reference-Littering generally, § 19-126 et seq.
State law reference-Similar provisions, RSMo 304.160.
Sec. 21-5. Tampering with motor vehicles.
tampered with without the owner’s knowledge or expressed con sent, or in violation of his instruction.
(Code 1980, § 25-5)
State law reference-Similar provisions, RSMo 560.175.
Sec. 21-6. Size, weight limitations of vehicles.
(Code 1980, § 25-6)
Sec. 21-7. Boarding or alighting from vehicles.
It shall be unlawful for any person to ride upon the fender of any vehicle while such vehicle is in motion.
(Code 1980, § 25-7)
Sec. 21-8. Prohibited manner of driving.
Sec. 21-9. Unlawful riding in and operating of vehicles.
No person shall ride in or operate any motor vehicle, unless all portions of such person’s body are entirely within that portion of the vehicle designed for the carrying of passengers or merchan
dise, or as otherwise permitted by this chapter; provided, how ever, that this section does not apply to any person whose em ployment makes it necessary to ride otherwise.
(Code 1980, § 25-9)
Sec. 21-10. Motor buses.
Cross reference-Vehicles for hire, Ch. 22.
Sec. 21-11. Operation of vehicles with leaking or spilling loads; hauling of rubbish or loose material.
No vehicle shall be driven or moved on any street unless such vehicle is so constructed or loaded as to prevent its contents from dropping, sifting, leaking or otherwise escaping therefrom. No vehicles shall be used to haul rubbish, trash, loose bottles, tin cans, brush, wastepaper, loose dirt, rocks or material of similar nature upon the public streets without first having been equipped with the proper equipment, as set out in this section, to prevent the load, or any part thereof, from falling, dropping or being blown off the vehicle while in motion. The bed and sidewalls of such vehicle shall be so constructed that the load or any part thereof shall not drop through or from the vehicle. The vehicle shall not
be loaded in such a manner that any part of the load extends above or over the sidewalls of the truckbed. When the vehicle is being used for carrying loose paper or other material that may be blown from the load, a tarpaulin or screen cover of sufficient mesh shall be used to cover the load to prevent its being blown from the vehicle while in motion.
(Code 1980, § 25-11)
Sec. 21-12. Driver’s license required.
It shall be unlawful for any person to operate a commercial or a private vehicle in or upon the streets of the city without ob taining and having in full force and effect an operator’s, driver’s or chauffeur’s license under the laws of the state.
(Code 1980, § 25-12)
Cross reference-Licenses and taxation generally, Ch. 13.
Sec. 21-13. State registration-Required; display.
No person shall operate a motor vehicle on the streets of the city without a legal and valid state registration number plate and unless the state registration number plate thereon is entirely unobscured, unobstructed and all parts thereof plainly visible and kept reasonably clean, and so fastened as not to swing. (Code 1980, § 25-13)
Cross reference-Licenses and taxation generally, Ch. 13.
Sec. 21-14. Same-Replicas prohibited.
No person shall make a replica, facsimile or counterfeit of any number plate or sticker issued by the city, the state, or any other state, nor shall any person erase, change or alter the number on any such sticker or plate, or knowingly use or display on any motor vehicle a replica, facsimile or counterfeit city sticker or number plate or any plate on which the number has been erased, changed or altered.
(Code 1980, § 25-14)
Sec. 21-15. Child restraint devices.
Every person transporting a child under the age of four (4) years in a motor vehicle on the streets or highways of this city shall be responsible for providing for the protection of such child.
When traveling in the rear seat of a motor vehicle, the child shall be protected by either a child passenger restraint system ap- proved by the state department of public safety or the vehicle’s seatbelt. When the number of child passengers exceeds the number of available passenger positions, and all passenger posi- tions are in use, remaining children shall be transported in the rear seat of the motor vehicle.
(b) The provisions of this section shall not apply to any motor vehicles registered in another state, or to temporary substitute vehicles, or to any public carrier for hire.
(c) Any person who violates this section may be punished, upon conviction, as provided in section 1-9 of this Code.
(Ord. No. 643, §§ 1—3, 1-16-85)
Sec. 21-16. Poundage prohibition.
It shall be unlawful for any person to drive a truck or other motor vehicle, as defined in section 21-1 of the Code, on certain residential streets of the city with a weight of twelve thousand (12,000) pounds or more. Any violation of this section may be punished, upon conviction, as provided in section 1-9 of this Code. The appropriate officers, agents and employees of the city are hereby directed to post signage on those streets where the provision of this section shall apply.
(Ord. No. 959, § 3, 7-7-99)
Secs. 21-17—21-40. Reserved.
ARTICLE II. ADMINISTRATION AND ENFORCEMENT*
DIVISION 1. GENERALLY
Sec. 21-41. Generally.
The police department shall enforce the street traffic regula- tions of this city and all of the state vehicle laws applicable to street traffic in this city, make arrests for traffic violations,
*Cross reference—Administration, Ch. 2.
investigate accidents and cooperate with the city traffic engineer and other officers of the city in the administration of the traffic laws and in developing ways and means to improve traffic conditions, and carry out those duties specially imposed upon the department by this chapter and the traffic ordinances of this city. (Code 1980, § 25-26)
State law reference—Similar provisions, RSMo 300.020.
Sec. 21-42. Records of traffic violations.
(a) The police department shall keep a record of all violations of the provisions of this chapter and traffic ordinances of the city or of the state vehicle laws of which any person has been charged, together with a record of the final disposition of all such alleged offenses. Such record shall be so maintained as to show all types of violations and the total of each. Such record shall accumulate during at least a five-year period and from that time on the record shall be maintained complete for at least the most recent five- year period.
(b) All forms for records of violations and notices of violations shall be serially numbered. For each month and year a written record shall be kept available to the public showing the disposal of all such forms.
(c) All such records and reports shall be public records. (Code 1980, § 25-27)
State law reference—Similar provisions, RSMo 300.025.
Sec. 21-43. Investigate accidents.
It shall be the duty of the police department to investigate traffic accidents, to arrest and to assist in the prosecution of those persons charged with violations of law causing or contributing to such accidents.
(Code 1980, § 25-28)
State law reference—Similar provisions, RSMo 300.030.
Sec. 21-44. Traffic accident studies.
Whenever the accidents at any particular location become numerous, the police department shall cooperate with the city traffic engineer in conducting studies of such accidents and determining remedial measures.
(Code 1980, § 25-29)
State law reference—Similar provisions, RSMo 300.035.
Sec. 21-45. Traffic accident reports.
The police department shall maintain a suitable system of filing traffic accident reports. All such records and reports shall be public record.
(Code 1980, § 25-30)
State law reference—Similar provisions, RSMo 300.040.
Sec. 21-46. Driver files to be maintained.
The police department shall maintain a suitable record of all traffic accidents, warnings, arrests, convictions and complaints reported for each driver, which shall be filed alphabetically under the name of the driver concerned.
(Code 1980, § 25-31)
State law reference-Similar provisions, RSMo 300.045.
Sec. 21-47. Annual traffic safety report.
The police department shall annually prepare a traffic report which shall be filed with the mayor. Such report shall contain information on traffic matters in the city as follows:
(1) The number of traffic accidents, the number of persons killed, the number of persons injured, and other pertinent traffic accident data.
(2) The number of traffic accidents investigated and other per tinent data on the safety activities of the police.
(3) The plans and recommendations of the department for fu ture traffic safety activities.
(Code 1980, § 25-32)
State law reference-Similar provisions, RSMo 300.050.
Sec. 21-48. Identification of funeral processions.
The police department shall designate a type of pennant or other identifying insignia to be displayed upon, or other method to be employed to identify, the vehicles in funeral processions. (Code 1980, § 25-33)
State law reference-Similar provisions, RSMo 300.055.
Sec. 21-49. City traffic engineer.
(a) The office of city traffic engineer is established. The city engineer or other designated city official shall serve as city traffic engineer in addition to his other functions, and shall exercise the powers and duties with respect to traffic as provided in this
(Code 1980, § 25-34)
State law reference-Similar provisions, RSMo 300.060.
Sec. 21-50. Emergency and experimental regulations.
(Code 1980, § 25-35)
State law reference-Similar provisions, RSMo 300.065.
Secs. 21-51-21-60. Reserved.
DIVISION 2. ENFORCEMENT AND OBEDIENCE*
Sec. 21-61. Obedience required.
It shall be unlawful, and unless otherwise declared herein with respect to particular offense, it is a misdemeanor for any person to do any act forbidden, or fail to perform any act required in this chapter.
(Code 1980, § 25-47)
*Cross reference-General penalty for code violations, § 1-9.
Sec. 21-62. Authority of police and fire department officials.
(a) It shall be the duty of the officers of the police department or such officers as are assigned by the chief of police to enforce all street traffic laws of the city and all of the state vehicle laws applicable to street traffic in the city.
(b) Officers of the police department or such officers as are assigned by the chief of police are hereby authorized to direct all traffic by voice, hand or signal in conformance with traffic laws; provided, that in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the police department may direct traffic as conditions may require notwithstanding the provisions of the traffic laws.
(c) Officers of the fire department, when at the scene of a fire, may direct or assist the police in directing traffic thereat or in the immediate vicinity.
(Code 1980, § 25-48)
State law reference-Similar provisions, RSMo 300.075.
Sec. 21-63. Obedience to police and fire department officials.
No person shall willfully fail or refuse to comply with any lawful order or direction of a police officer or fire department official. (Code 1980, § 25-49)
State law reference-Similar provisions, RSMo 300.080.
Sec. 21-64. Persons propelling pushcarts or riding animals to obey traffic regulations.
Every person propelling any pushcart or riding an animal upon a roadway, and every person driving any animal-drawn vehicle, shall be subject to the provisions of this chapter applicable to the driver of any vehicle, except those provisions of this chapter which by their very nature can have no application.
(Code 1980, § 25-50)
State law reference-Similar provisions, RSMo 300.085.
Sec. 21-65. Use of coasters, roller skates and similar de vices restricted.
No person upon roller skates, or riding in or by means of any coaster, toy vehicle, or similar device, shall go upon any roadway except while crossing a street on a crosswalk and when so crossing such person shall be granted all of the rights and shall be subject to all of the duties applicable to pedestrians. This section shall not apply upon any street while set aside as a play street as authorized by ordinance of the city.
(Code 1980, § 25-51)
State law reference-Similar provisions, RSMo 300.090.
Sec. 21-66. Public employees to obey traffic regulations.
The provisions of this chapter shall apply to the driver of any vehicle owned by or used in the service of the United States government, this state, county or city, and it shall be unlawful for any such driver to violate any of the provisions of this chapter, except as otherwise permitted in this chapter.
(Code 1980, § 25-52)
State law reference-Similar provisions, RSMo 300.095.
Sec. 21-67. Authorized emergency vehicles.
(a) The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section, but subject to the conditions herein stated.
(b) The driver of an authorized emergency vehicle may:
(1) Park or stand, irrespective of the provisions of this chapter.
(2) Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation.
(3) Exceed the maximum speed limits so long as he does not endanger life or property:
(4) Disregard regulations governing direction of movement or
turning in specified directions.
(c) The exemptions herein granted to an authorized emergency vehicle shall apply only when the driver of any such vehicle while in motion sounds audible signal by bell, siren or exhaust whistle as may be reasonably necessary, and when the vehicle is equipped with at least one (1) lighted lamp displaying a flashing, oscillating or rotating red light, visible under normal atmospheric conditions from a distance of five hundred (500) feet to the front of such vehicle, except that an authorized emergency vehicle operated as a police vehicle need not be equipped with or display a red light visible from in front of the vehicle. No vehicle shall display a flashing or rotating red light or use a bell, siren or exhaust whistle as aforesaid without obtaining a permit from the chief of police or city traffic engineer.
(d) The foregoing provisions shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of his reckless disregard for the safety of others.
(e) No person with the exception of authorized emergency vehicles shall install or display on a motor vehicle any flashing or rotating red, amber or blue light or sound siren, whistle or bell without obtaining a permit from the chief of police or city traffic engineer.
(Code 1980, § 25-53)
State law reference-Similar provisions, RSMo 300.100.
Sec. 21-68. Operation of vehicles on approach of authorized emergency vehicles.
(a) Upon the immediate approach of an authorized emergency vehicle making use of audible and visual signals meeting the requirements of the laws of this state, or of a police vehicle properly and lawfully making use of an audible signal only, the driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway clear of any inter section and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.
(b) This section shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway.
(Code 1980, § 25-54)
State law reference-Similar provisions, RSMo 300.105.
Sec. 21-69. Immediate notice of accident.
(a) The driver of a vehicle involved in an accident resulting in injury to or death of any person or total damage to all property to an apparent extent of five hundred dollars ($500.00) or more shall immediately by the quickest means of communication give notice of such accident to the police department if such accident occurs within the city.
(b) The driver of any vehicle which collides with and damages any vehicle which is unattended shall immediately stop and shall then and there either locate and notify the operator or owner of such vehicle of the name and address of the driver and owner of the vehicle striking the unattended vehicle, or, if such owner cannot be located shall forthwith report it to the nearest or most convenient police officer.
(c) No person shall conceal or attempt to conceal his identity or falsely identify himself or give false information to any police officer or to any person entitled to the information prescribed in this chapter.
(Code 1980, § 25-55)
State law reference-Similar provisions, RSMo 300.110.
Sec. 21-70. Written report of accident.
The driver of a vehicle which is in any manner involved in an accident resulting in bodily injury to or death of any person or total damage to all property to an apparent extent of five hundred dollars ($500.00) or more shall, within five (5) days after such accident, forward a written report of such accident to the police department. The provisions of this section shall not be applicable when the accident has been investigated at the scene by a police officer while such driver was present thereat.
(Code 1980, § 25-56)
State law reference-Similar provisions, RSMo 300.115.
Sec. 21-71. When driver unable to report.
(Code 1980, § 25-57)
State law reference-Similar provisions, RSMo 300.120.
Sec. 21-72. Public inspection of reports relating to accidents.
State law reference-Similar provisions, RSMo 300.125.
Sec. 21-73. Leaving scene of accident,
Injury. The driver of any vehicle involved in an accident upon any street, highway, alley, public right-of-way or public place
immediately stop such vehicle at the scene of such accident and shall give his name, address and the registration number of his vehicle, also the name and address of the owner, and exhibit his operator’s or chauffeur’s license to the person struck or to the driver or occupants of any vehicle collided with, and shall render to any person injured in such accident reasonable assistance.
(b) Property damage. The driver of any vehicle involved in an accident upon any street, highway, alley, public right-of-way or public place in this city resulting in damage to:
(1) Property to an apparent extent of one hundred dollars ($100.00) or more shall immediately stop such vehicle at the scene of such accident and shall give his name and address, and the registration number of his vehicle, and also the name and address of the owner, and exhibit his operator’s or chauffeur’s license to the driver or occupants of any other vehicle involved or to the investigating police officer.
(2) Nonvehicular property to the current extent of one hundred dollars ($100.00) or more, shall immediately stop such vehicle at the scene of such accident and shall give his name and address and the registration number of his vehicle, and also the name and address of the owner, and exhibit his operator’s or chauffeur’s license to the owner of the property damaged or if the owner cannot be located to the nearest or most convenient police officer.
(Code 1980, § 25-59)
State law reference-Similar provisions, RSMo 564.450, 564.460.
Sec. 21-74. Garage keeper to report damaged vehicle.
The person in charge of any garage or repair shop to which is brought any motor vehicle which shows evidence of having been involved in a serious accident or struck by any bullets shall report to police headquarters of the city within twenty-four (24) hours after such motor vehicle is received, giving the engine number and the name and address of the owner or operator of such vehicle.
(Code 1980, § 25-60)
Secs. 21-75-21-85. Reserved.
DIVSION 3. TRAFFIC VIOLATIONS BUREAU
Sec. 21-86. Established.
There is hereby established a traffic violations bureau for the municipal court of the city, which bureau shall collect such fines and such traffic violations as permitted by state statute and directed by the judge of the municipal court.
(Code 1980, § 25-72)
Sec. 21-87. Administration generally.
The administration of the traffic violations bureau shall be under the direction of the municipal judge but shall be supervised and handled by such traffic clerks and assistant traffic clerks as the mayor with consent of the council may prescribe.
(Code 1980, § 25-73)
Sec. 21-88. Designation of offenses to be handled by bureau.
The municipal judge who hears traffic cases shall designate the specified offenses under this chapter and other traffic ordinances of the city and the state traffic laws in respect to which payments of fines may be accepted by the traffic violations bureau in satisfaction thereof, and shall specify by suitable schedules the amount of such fines for first, second and subsequent offenses; provided, that such fines shall be within the limits declared by law or ordinance; and, shall further specify what number of such offenses shall require appearance before the municipal judge. (Code 1980, § 25-74)
Sec. 21-89. When person charged may elect to appear at bureau or before municipal judge.
option of depositing required lawful bail, and upon a plea of not guilty shall be entitled to a trial as authorized by law.
(Code 1980, § 25-75)
State law reference-Similar provisions, RSMo 300.555.
Sec. 21-90. Duties.
The following duties are hereby imposed upon the traffic violations bureau in reference to traffic offenses:
(Code 1980, § 25-76)
State law reference-Similar provisions, RSMo 300.660.
Sec. 21-91. Records.
The traffic violations bureau or the municipal court shall keep records and submit summarized monthly reports to the mayor and chief of police of all notices issued and arrests made for vio lations of the traffic laws and ordinances in the city and of all the fines collected by the traffic violations bureau or the court, and of the final disposition or present status of every case of violation of the provisions of such laws and ordinances. Such records shall be so maintained as to show all types of violations and the totals of each. Such records shall be public records. An audit shall be made of such reports at least annually.
(Code 1980, § 25-77)
State law reference-Similar provisions, RSMo 300.565.
Sec. 21-92. Additional duties.
The traffic violations bureau shall follow such procedure as may be prescribed by the traffic ordinances of the city or as may be required by any laws of this state.
(Code 1980, § 25-78)
State law reference-Similar provisions, RSMo 300.570.
Sec. 21-93. Disposition of fines and forfeitures.
All fines or forfeitures collected upon conviction or upon the forfeiture of bail of any person charged with a violation of any of the provisions of this chapter shall be paid into the city treasu.ry and deposited in general funds.
(Code 1980, § 25-79)
Secs. 21-94-21-105. Reserved.
DIVISION 4. PENALTIES, PROCEDURE UPON ARREST
Sec. 21-106. Forms and records of traffic citations and arrests.
(a) The municipal court shall provide books containing uniform traffic tickets as prescribed by Supreme Court Rule No.
37.46. Such books shall include serially numbered sets of citations in quadruplicate in the form prescribed by supreme court rule.
(b) Such books shall be issued to the chief of police or his duly authorized agent, a record shall be maintained of every book so issued and a written receipt shall be required for every such book. The judge or judges hearing municipal ordinance violation cases may require that a copy of such record and receipts be filed with the court.
(c) The chief of police shall be responsible for the issuance of such books to individual members of the police department. The chief of police shall require a written receipt for every book so issued and shall maintain a record of every such book and each set of citations contained therein.
(Code 1980, § 25-91)
State law reference-Similar provisions, RSMo 300.575.
Sec. 21-107. Procedure of police officers.
Except when authorized or directed under state law to immediately take a person before the judge of the municipal court for the violation of any traffic laws, a police officer who halts a person for such violation other than for the purpose of giving him a warning notice and does not take such person into custody under arrest, shall issue to him a uniform traffic ticket which shall be proceeded upon in accordance with Supreme Court Rule No. 37. (Code 1980, § 25-92)
State law reference-Similar provisions, RSMo 300.580.
Sec. 21-108. Uniform traffic ticket to be issued when vehicle illegally parked or stopped.
Whenever any motor vehicle without driver is found parked or stopped in violation of any of the restrictions imposed by ordinance of the city or by state law, the officer finding such vehicle shall take its registration number and may take any other information displayed on the vehicle which may identify its user, and shall conspicuously affix to such vehicle a uniform traffic ticket for the driver to answer to the charge against him within two (2) days during the hours and at a place specified in the traffic ticket. Provided further, that the owner of any such motor vehicle must be served with a copy of the uniform traffic ticket or a summons before any warrant against the owner can be issued, all in accordance with the state supreme court rules relating to traffic courts, as same may be amended from time to time.
(Code 1980, § 25-93)
State law reference-Similar provisions, RSMo 300.585.
Sec. 21-109. Warning of arrest sent upon failure to appear.
If a violator of the restrictions on stopping, standing or parking under this chapter or other city ordinances regulating parking does not appear in response to a traffic citation affixed to such motor vehicle as is contemplated by section 21-113 within ape riod of two (2) days, a warrant of arrest may be issued in accordance with law.
(Code 1980, § 25-94)
State law reference-Similar provisions, RSMo 300.590.
Sec. 21-110. Traffic citations, warrants and compliance Disposition and records thereof.
(a) Every police officer, upon issuing a traffic citation to an alleged violator of any provision of the motor vehicle laws or the traffic ordinances of the city, shall deposit the original and duplicate copy of the citation with his immediate superior officer, who shall cause the original to be delivered to the municipal court of the city and the duplicate copy to the central records section of the police department.
(b) Upon the filing of such original citation in the municipal court of the city as aforesaid, such citation may be disposed of only by trial in the court or by other official action by the municipal judge or by the city prosecutor or by the city attorney pursuant to state law, including forfeiture of bail or by payment of a fine to the traffic violations bureau of the court.
(c) The chief of police shall require the return to him of each traffic citation, and all copies thereof, except that the copy required to be retained in the book, as provided in this article, which has been spoiled or upon which any entry has been made and has not been issued to an alleged violator.
(d) The chief of police shall also maintain or cause to be maintained in connection with every traffic citation issued by a member of the police department, a record of the disposition of the charge by the municipal judge of the city, or the traffic violations bureau.
(e) The chief of police shall also maintain or cause to be maintained a record of all warrants issued by the municipal judge of the city or by any other court on traffic violation charges, which are delivered to the police department for service, and of the final disposition of all such warrants.
(Code 1980, § 25-95)
Sec. 21-111. Same-Disposition, etc., official misconduct.
It shall be unlawful and constitute official misconduct for any member of the police department or other officer or public employee to dispose of, alter or deface a traffic citation, or any copy thereof, or the record of the issuance or disposition of any traffic
citation, complaint or warrant, in a manner other than as pro vided by law.
(Code 1980, § 25-96)
Sec. 21-112. Illegal cancellation of traffic citations.
It shall be unlawful for any person to cancel or solicit the can cellation of any traffic citation in any manner other than as pro vided by this article.
(Code 1980, § 25-97)
Sec. 21-113. Failure to obey citation.
It shall be unlawful for any person to violate his written promise to appear, given to an officer upon the issuance of a traffic cita tion, regardless of the disposition of the charge for which such citation was originally issued.
(Code 1980, § 25-98)
Sec. 21-114. Presumption in reference to illegal parking.
The presence of any vehicle in or upon any public street or public parking lot in the city and in violation of any provision of this chapter or other city ordinance regulating the parking of such vehicle shall be prima facie evidence that the person in whose name such vehicle is registered as owner on either the records of the director of finance of the city, the records of the deputy collector of department of revenue located in the city or the records of the department of revenue of this state, committed or authorized such violation. For the purpose of this section, “owner” shall mean any person who holds the legal title of a vehicle; or in the event the vehicle is subject of an agreement for the conditional sale or lease thereof, with the right of purchase upon performance of the conditions stated in the agreement, and with immediate right of possession vested in the conditional vendee or lessee; or in the event a mortgagee of a vehicle is entitled to possession.
(Code 1980, § 25-99)
Sec. 21-115. When warrant to be issued.
In the event any person fails to comply with a traffic citation given to such person or attached to a vehicle or fails to make appearance pursuant to a summons directing an appearance in the municipal court or traffic violations bureau, or if any person fails or refuses to deposit bail as required and within the time permitted by ordinance, the clerk of the municipal court or traffic violations bureau shall secure and issue a warrant for his arirest in accordance with supreme court rules regarding traffic courts, as same may be amended from time to time.
(Code 1980, § 25-100)
Sec. 21-116. Municipal judge to keep record of traffic cases.
Every municipal judge shall keep or cause to be kept a record of every traffic complaint, traffic citation or other legal form of traffic charge deposited with or presented to the court, or its traffic vi olations bureau, and shall keep a record of every official action by the court, or its traffic violations bureau in reference thereto, including, but not limited to, a record of every conviction, forfei ture of bail, judgment or acquittal and the amount of fine or forfeiture resulting from every such traffic complaint or citation deposited with or presented to the court or traffic violations bu reau.
(Code 1980, § 25-101)
Sec. 21-117. Disposition of traffic fines and forfeitures.
All fines or forfeitures collected upon conviction or upon the forfeiture of bail of any person charged with a violation of any of the provisions of this chapter shall be paid into the city treasury and deposited in the general fund.
(Code 1980, § 25-102)
Sec. 21-118. Official misconduct.
Failure, refusal or neglect on the part of any judicial or other officer or employee receiving or having custody of any fine or forfeiture, either before or after a deposit in the general fund, to comply with the foregoing provisions of this article shall consti
tute misconduct in office and shall be grounds for removal there from.
(Code 1980, § 25-103)
Secs. 21-119-21-130. Reserved.
DIVISION 5. IMPOUNDMENT*
Sec. 21-131. Authority to remove vehicles.
The police department is hereby authorized to remove or to have removed any vehicle from the streets or other public places to the nearest garage or other place of safety, or to a garage designated or maintained by the police department or otherwise maintained by the city under the following conditions:
(1) When any vehicle is left unattended upon any bridge, via duct or causeway or in any tunnel where such vehicle con stitutes an obstruction to traffic.
(2) When a vehicle upon a street or highway is so disabled to constitute an obstruction to traffic and the person in charge of the vehicle is, by reason of physical injury incapacitated to such an extent as to be unable to provide for its custody or removal.
(3) When any vehicle is left unattended upon a street and is so parked illegally as to constitute a definite hazard or ob struction to the normal movement of traffic, or so as to obstruct the use of any trafficway or alleyway adjoining such street; any time a vehicle is parked in a prohibited area that is so designated by signs or other official mark ings; and any time a vehicle is parked upon a street without having valid license plates properly displayed thereon.
(4) Whenever an operator of a vehicle is arrested or detained by a law enforcement officer, and such arrest or detention would leave such vehicle unattended.
(5) Whenever a motor vehicle is parked upon any property owned or maintained or operated by the city for the parking
•state law reference-Similar provisions, RSMo 300,595,
of motor vehicles for a longer period of time than is law fully permitted for a vehicle to remain parked thereon without regard to parking charges.
(6) Whenever a motor vehicle is found unattended upon any property owned or controlled by the city not devoted to the parking of motor vehicles.
(Code 1980, § 25-111)
Sec. 21-132. Period of impoundment.
Any vehicle impounded under the provisions of this division shall be impounded until claimed or disposed of as hereinafter provided.
(Code 1980, § 25-112)
Sec. 21-133. Redemption.
Any vehicle impounded under the provisions of this division shall be held until the owner or his authorized agent applies for same and pays the costs of removing and storing such vehicles. (Code 1980, § 25-113)
Sec. 21-134. Satisfaction of traffic tickets.
In addition to tow-in and storage costs, before any vehicle im pounded under the provisions of this division is released, the person applying for same shall satisfy any outstanding traffic tickets issued in connection with the operation of such vehicle, including any ticket issued in connection with the tow-in, either by pay ment to the municipal court or by posting bond for appearance in municipal court.
(Code 1980, § 25-114)
Sec. 21-135. Notice to owner.
Whenever the police department impounds a vehicle as autho rized in this division, and the police department knows, or is able to ascertain from the registration records the name and address of the owner thereof, such police department shall immediately give or cause to be given notice in writing to such owner of the fact of
such removal and the reasons therefor and of the place to which such vehicle has been removed.
(Code 1980, § 25-115)
Sec. 21-136. Report to state registration department.
Whenever the police department impounds a vehicle and does not know and is unable to ascertain the name of the owner or for any other reason is unable to give the notice to the owner as provided in this section, and if the vehicle is not returned to the owner within a period of three (3) days, the police department shall immediately mail a written report of such removal to the state department whose duty it is to register motor vehicles. Such notice shall include a complete description of the vehicles, the date, time and place from which removed, the reasons for such removal, the name of the garage or place where the vehicle is stored.
(Code 1980, § 25-116)
Sec. 21-137. Impounded vehicles subject to sale.
All motor vehicles impounded by the police department and unredeemed by the owner thereof for a period of thirty (30) days, shall thereafter be subject to sale by the city clerk, as hereinafter provided, and the proceeds of such sale shall be applied first, to all removal and storage charges accumulated against such vehicle; second, to the clerk of the municipal court to satisfy any unpaid traffic tickets issued against the vehicle; and the balance of such sum, if any, shall be deposited with the city treasurer and shall be kept in a separate fund for a period of one (1) year from the date of receipt. If, at the end of the year, the former owner of such vehicle has not presented a claim for the balance, then the bal ance of the proceeds of sale shall be credited to the general fund of the city.
(Code 1980, § 25-117)
Sec. 21-138. Police to report to city clerk.
On the first day of each month the police department shall forward to the city clerk a list of each motor vehicle which has been impounded and held for a period of thirty (30) days unre
deemed by its owner. Such list shall set forth all pertinent infor mation concerning each vehicle.
(Code 1980, § 25-118)
Sec. 21-139. Sale by clerk; notice of sale.
Whenever the city clerk shall decide to offer impounded vehi cles for sale, he shall publish such sale at least once in a news paper published in the city at least five (5) days before such sale. Such publication shall describe the motor vehicle, giving the man ufacturer’s name, model and motor number; specify that motor vehicles shall be sold only to licensees of salvage businesses, junk dealers, automobile repair shops and motor vehicle businesses; that sale shall be made to the highest qualified bidder for cash at public auction and that no titles shall be given for motor vehicles sold. The city clerk shall make a report of sale of motor vehicles to the director of revenue of the state, as required by state stat utes.
(Code 1980, § 25-119)
Secs. 21-140-21-160. Reserved.
ARTICLE III. MOTOR VEIDCLE LICENSE*
Sec. 21-161. Definitions.
For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them:
Commercial motor vehicle means a motor vehicle designed or regularly used for carrying:
(1) Freight or merchandise, or
(2) More than eight (8) passengers.
*Cross references-Administration, Ch. 2; licenses and taxation generally, Ch. 13.
State law references-Registration and licensing of motor vehicles, RSMo Ch.
301; chauffeurs and drivers licenses, RSMo Ch. 302; motor vehicles safety responsibility law, RSMo Ch. 303; traffic regulations, RSMo Ch. 304.
Dealer means any person engaged in the sale or exchange of new, used or reconstructed motor vehicles or trailers.
Highway means any public thoroughfare for vehicles, including state roads, county roads, and public streets, avenues, boule vards, parkways, or alleys within subdivisions, which are now or hereafter may be used by the public, although not dedicated for public use, but designated as “private” upon the plat or map of such subdivision.
Live load means the weight of the cargo or passengers of a commercial motor vehicle in addition to that of the chassis and body of the vehicle.
Manufacturer means any person engaged in the business of manufacturing or assembling motor vehicles for sale.
Motor tricycle means a motor vehicle operated on three (3) wheels.
Motor vehicle means any self-propelled vehicle not operated ex clusively upon tracks, except farm tractors.
Motorcycle means a motor vehicle operated on two (2) wheels.
Operator means any person who operates or drives a motor vehicle.
Owner means any person owning or renting a motor vehicle or having the exclusive use thereof under lease or otherwise, for a period longer than ten (10) days successively.
Trailer means any vehicle without motive power designed for carrying property or passengers on its own structure and for being drawn by a self-propelled vehicle, except those running exclu sively on tracks.
Vehicle means any mechanical device on wheels, designed primarily for use on highways, except those propelled or drawn by human power, or those used exclusively on tracks.
(Code 1980, § 16-16)
Cross reference-Definitions and rules of construction generally, § 1-2.
Sec, 21-162. Registration by owners.
Every owner of a motor vehicle or trailer, which shall be operated or parked upon the public streets or highways of the city, shall, except as hereinafter expressly provided, cause to be filed in the office of the city clerk, an application for registration on a blank to be furnished by the city clerk.
(Code 1980, § 16-17)
State law reference-Authority to license, RSMo 301.340.
Sec. 21-163. Application for registration.
The application for the registration required by the provisions of this article shall contain:
(1) A brief description of the motor vehicle to be registered including the name of the manufacturer and the motor number.
(2) The name, residence and business address of the owner of such motor vehicle.
(3) If such motor vehicle is to be a commercial vehicle, the weight of the vehicle and its rated capacity of live load, in pounds of seating capacity.
(4) If such motor vehicle be a specially constructed or recon structed motor vehicle, the application shall also state and the owner shall furnish the city clerk with such additional information as he shall require.
(Code 1980, § 16-18)
Sec. 21-164. Assignment of number; issuance of certifi cate.
The city clerk shall, upon the filing of the application and the payment of the registration fees, assign a number to such motor vehicle and without other expense to the applicant, the city clerk shall issue and deliver to the owner of such vehicle a certificate of registration in such form as the city clerk shall prescribe, and a number plate or windshield sticker bearing such number.
(Code 1980, § 16-19)
Sec. 21-165. Payment of taxes required.
No certificate of registration or license plate required by the provisions of this division shall be issued to any person who has failed to pay his personal property tax for the year next preceding the year for which such certificate of registration is to be issued. (Code 1980, § 16-20)
Sec. 21-166. Registration fees.
(1) For motor vehicles, other than commercial motor vehicles: | ||
a. Less than 12 horsepower…………. | $ 5.00 | |
b. 12 horsepower and less than 24 horse- power ………………………… | 5.00 | |
C. 24 horsepower and less than 36 horse- | ||
power ………………………… | 6.50 | |
d. 36 horsepower and less than 48 horse- | ||
power ………………………… | 8.50 | |
e. 48 horsepower and less than 60 horse- | ||
power ………………………… | 10.00 | |
f. 60 horsepower and less than 72 horse- | ||
power ………………………… | 12.50 | |
g. 72 horsepower and more …………. | 15.00 | |
h. Motorcycles ……………………. | 5.00 | |
1. Motor tricycles …………………. | 5.00 | |
(2) For commercial motor vehicles having a | ||
manufacturer’s rated capacity of: | ||
a. | Less than 2 tons ……………….. | 4.50 |
b. | 2 tons and less than 5 tons……….. | 7.00 |
C. | 5 tons and less than 6 tons……….. | 9.00 |
d. | 6 tons and less than 7 tons……….. | 11.00 |
e. | 7 tons and less than 8 tons……….. | 12.00 |
f. | Any or every ton or major fractions | |
thereof in excess of 8 tons, per ton. . . . | 5.00 | |
(Ord. No. 766, § 2, 5-4-88; Ord. No. 854, §§ 1, 2, 12-16-92)
Sec. 21-167. Exemptions.
All persons of the age of sixty-five (65) years or older and persons receiving social security benefits for full and total dis ability shall be exempt from the payment of registration faes under the provisions of this article.
(Code 1980, § 16-22)
Sec. 21-168. Manufacturers, dealers-Registration.
All manufacturers and dealers shall, instead of registering each motor vehicle manufactured or dealt in, make application upon a blank to be furnished by the city clerk, for a distinctive number for all motor vehicles owned or controlled by such manufacturer or dealer. Such application shall contain:
(1) A brief description of each type of motor vehicle manufac tured or dealt in.
(2) The name and business address of such manufacturer or dealer.
(Code 1980, § 16-23)
Sec. 21-169. Same-Fees, plates.
On the payment of a registration fee of twenty dollars ($20.00) there shall be assigned to the manufacturer or dealer a certificate of registration in such form as the city clerk shall prescribe and two (2) number plates bearing such number. As many duplicate number plates as may be desired may be obtained upon the payment of a fee of five dollars ($5.00) for each duplicate number plate.
(Code 1980, § 16-24; Ord. No. 769, § 2, 5-4-88)
Sec. 21-170. Same-Display.
Manufacturers’ or dealers’ number plates may be displayed on any motor vehicle used in the business of the manufacturer or dealer, but shall not be displayed on any motor vehicle, used for private purposes of any such manufacturer or dealer, or their employees, or on any motor vehicle hired or loaned to others. Provided, however, that such number plate be displayed and
placed in some convenient and conspicuous place at or near the operator’s seat of such motor vehicle, and not on the front or rear or outside of such vehicle.
(Code 1980, § 16-25)
Sec. 21-171. Proration of fees.
If application for the registration of a motor vehicle by an owner is made during the period between the first dayof July and ending on the last day of September, only one-half of the annual fee shall be paid; if application for such registration is made during the period beginning the first day of October and ending on the last day of January, one-fourth of the annual fee shall be paid.
(Code 1980, § 16-26)
Sec. 21-172. Expiration.
All certificates of registration under the prov1s10ns of this article shall expire on the thirty-first day of January following their date of issuance.
(Code 1980, § 16-27)
Sec. 21-173. Renewal.
Registration of motor vehicles, trailers, manufacturers and dealers, shall be renewed annually upon the payment of the fees provided for in this article before the first day of February of each year.
(Code 1980, § 16-28)
Sec. 21-174. Duplicate certificates, plates.
In the event of loss, mutilation or destruction of any certificate of registration or number plates issued by the city clerk, the lawful holder thereof may, upon filing with the city clerk of an affidavit showing such facts and upon thereof a fee of two dollars ($2.00), may obtain a new certificate and number plate, and the city clerk shall designate upon his records the fact that the original certif
icate and number plate was lost, mutilated or destroyed, and shall attach thereto the affidavit so filed.
(Code 1980, § 16-29; Ord. No. 763, § 2, 5-4-88)
Sec. 21-175. Stickers authorized.
Where the words “number plates” are referred to in this ar ticle, the same shall be taken to mean either a metal plate or a windshield sticker, whichever may be officially issued by the city for any year to evidence the registration and payment of the fe« for such year.
(Code 1980, § 16-30)
Sec. 21-176. Issuance of plates, stickers.
(a) The city clerk shall, without expense to the owner, issue and deliver to him such a number plate or windshield sticker bearing the name of the city and the number assigned, as may be necessary to properly carry out the provisions of this article.
(b) The number plate issued to manufacturers and dealers shall bear the letter “D” preceding the numbers and the city clerk is hereby authorized to place upon such number plates other letters or marks to distinguish commercial motor vehicles and trailers and other types of motor vehicles.
(Code 1980, § 16-31)
Sec. 21-177. Display of plates.
Every motor vehicle or trailer shall at all times have displayed the number plate assigned and issued by the city clerk upon the front outside part of such motor vehicle, so that a clear and un obstructed view of same may be had from the front of such ve hicle; provided, however, that in the case of motorcycles, motor tricycles, motor scooters and motorbicycles such number plate shall be kept in a convenient place within easy access of the operator thereof.
(Code 1980, § 16-32)
Sec. 21-178. Display of stickers.
If a windshield sticker is issued, the same shall be securely pasted to the windshield of the vehicle for which the registration was made and the sticker issued; and, no more than one (1) cur rent sticker shall be permitted.
(Code 1980, § 16-33)
Sec. 21-179. Transfer of ownership of vehicle.
Upon the transfer of ownership of any motor vehicle or trailer, its certificate of registration and the right to use the number plate shall expire and the number plate shall be removed at the time of a transfer of possession; provided, however, that in the event of a transfer of ownership, the original owner, upon the payment to the city clerk of a fee of two dollars ($2.00), may register another vehicle for the balance of such year under the same number if a metal plate has been issued, and such original plate may be issued for such other vehicle. If a windshield sticker has been issued such sticker shall be removed and destroyed and a new sticker issued by the city clerk to the owner, to be attached to such other vehicle, and the number of such new sticker shall be recorded on the original registration number and the facts noted on such card.
(Code 1980, § 16-34; Ord. No. 761, § 2, 5-4-88)
Secs. 21-180-21-200. Reserved.
ARTICLE IV. ABANDONED VEHICLES*
Sec. 21-201. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
•state lawreferences-Abandonment on public property, RSMo 304.155; local ordinances prevail, RSMo 304.155(11); abandonment on private property, RSMo 304.157; local ordinances prevail, RSMo 304.157(9).
Abandoned means any act of physically depositing a vehicle or any part or parts of a vehicle, upon any public street, alley or other public right-of-way, or any public land, or upon any private land, and includes any separate act of leaving unattended, any part or parts or residue of any vehicle resulting from the disman- tling or dismemberment of any vehicle or elements thereof on any public street, alley or other public right-of-way, or any public land, or upon any private land, whether or not such person dismantling or dismembering placed the vehicle or any part or parts thereof upon such land prior. In addition, it includes the following descriptive words: dismantled, partially dismantled, wrecked, junked, nonoperating, discarded or unlicensed.
Abandoned vehicles and abandoned parts means all vehicles containing or intended to contain an engine, trailers, whether coupled or not, and any part or parts of vehicles left abandoned on any property. Any machine propelled by power, other than human power, designed to travel along the ground by use of wheels, treads, runners, slides, skids and intended to transport persons or property or pull other machinery or equipment, shall include, without limitation, automobiles, trucks, heavy and light cargo trailers, mobile homes, travel trailers, motorcycles, tricycles, farm tractors, road construction tractors, buggys and wagons.
Emergency removal means the removal of a vehicle where the vehicle’s location or condition poses a real and imminent danger or hazard to the safety of others, menace to traffic, or interferes with the repair, maintenance, cleaning or emergency use of the public right-of-way.
Impoundment area means any area or areas so designated by the police chief with the approval of the Wellston City Council or designated by the Wellston City Council as storage area for vehicles or parts removed pursuant to this chapter.
Nonemergency removal means the removal of a vehicle where the vehicle’s location or condition poses no real and imminent danger or hazard to the safety of others nor menace to traffic.
Owner of a parcel of land means any person, firm, or corporation having a recorded
Owner of vehicle means any owner as recorded in the records of the appropriate state authority, and shall include any holder of a recorded security interest in the vehicle.
Property means any land, both public and private, business and residential, lying within the city.
Streets or highways means the entire area between boundary lines of every publicly maintained street or highway, both public and private, open to and used for the purpose of vehicular travel by the public.
Towing company means any person or entity which tows, removes or stores abandoned vehicles and abandoned parts. (Code 1980, § 16-47; Ord. No. 684, § 1, 5-7-86; Ord. No. 1000, § 3,
3-6-02; Ord. No. 1015, § 3, 1-2-03)
Cross reference—Definitions and rules of construction generally, § 1-2.
Sec. 21-202. Declaration of nuisance.
(a) Whenever:
(1) Any vehicle is so disabled on the street as to constitute a hazard or obstruction to traffic and the person in charge of the vehicle is unable to provide for its timely removal;
(2) Any vehicle is parked on the public right-of-way and is directly interfering with the flow of traffic, the mainte- nance or the emergency use of the public right-of-way;
(3) Any vehicle is stopped on the street and the driver is taken into custody by the police department and such vehicle would thereby be left unattended on the street;
(4) Any vehicle is parked in a place where parking is not permitted;
(5) Any vehicle is parked in violation of other parking provi- sions;
(6) Any vehicle is parked on the street, roadway or other public place without current state license plates;
(7) Any vehicle is within the city limits having four (4) or more previously issued parking violation notices or one
mortgage, lien, or other encumbrance on the parcel of land.
(1) or more traffic summonses, that the driver, owner or person in charge of said vehicle has failed to answer or on which he has failed to appear;
(8) Any vehicle is continuously parked on a street or alley for more than five (5) days;
(9) Any vehicle is parked on private land without the consent and upon the complaint to the police department or the street department by the owner, lessee or person in charge of said property and such owner, lessee or person in charge agrees to guarantee the payment of all towing and storage charges;
(10) Any abandoned vehicle parts or part of a vehicle have been deposited on any street, alley, or other public right- of-way including any street, alley, roadway or driveway owned by a public agency within the city limits;
(11) Any vehicle on private land does not operate or is in such a condition as to constitute a public safety hazard, whether it does or does not have license plates currently registered to that vehicle, except:
a. A vehicle which is completely enclosed within a building or fenced area so as to not constitute a hazard to children and which is not visible from the public street or other public or private property;
b. A vehicle or part thereof which is standing or parked in a lawful manner on private property in connection with the business of a licensed salvage, scrap or junk dealer;
(12) Any abandoned vehicle parts or part of a vehicle is deposited on any private land;
such vehicle or vehicle parts or part of a vehicle may be removed subject to provisions of this chapter. The police department through their agents or contractors are vested with the discretion to determine what constitutes an illegally parked vehicle, abandoned vehicle or abandoned vehicle part (of a vehicle) according to this section; and remaining for a period of more than forty-eight
(48) hours, is hereby declared a public nuisance.
(b) It shall be unlawful for any person to create or maintain a nuisance as defined in subsection (a) above.
(Code 1980, § 16-48; Ord. No. 684, § 1, 5-7-86; Ord. No. 1000, § 4,
3-6-02)
Sec. 21-203. Notice of nuisance.
Whenever the chief of police and police officers under his command observe what appears to be an abandoned vehicle, or parts thereof, within this city, he shall cause written notice to be served upon the last registered owner of the vehicle, or parts thereof, if the owner can be located, or on the person on whose property such abandoned vehicle, or parts thereof, is located. The notice shall state that the vehicle is abandoned on public or private property and it is deemed to be a nuisance within the provisions of this article, and such notice shall briefly state facts constituting such vehicle, or parts thereof, to be a nuisance within the terms of this article and shall notify the owner to abate the nuisance within forty-eight (48) hours from receipt of such notice by the owner of the abandoned vehicle, or parts thereof, or the owner of the property on which such abandoned vehicle, or parts thereof, is located.
(Code 1980, § 16-49; Ord. No. 684, § 1, 5-7-86; Ord. No. 1015, § 4,
1-2-03)
Sec. 21-204. Notice of abandonment.
Whenever the last registered owner or custodian of any aban- doned vehicle, or parts thereof, constituting a nuisance under this article cannot be located by reasonable search, a copy of the original notice will be securely affixed to the property, briefly stating facts deemed to constitute the property as being a nuisance and that the nuisance shall be abated by the owner within forty-eight (48) hours of the date such notice was affixed to the vehicle.
(Code 1980, § 16-50; Ord. No. 684, § 1, 5-7-86; Ord. No. 1015, § 5,
1-2-03)
Sec. 21-205. Abatement; failure to comply; inquiries and reports.
(a) Any person receiving the notice as provided, whether by mail, or posting of the notice on the abandoned vehicle, shall immediately comply with the provisions of this article requiring abatement. Failure to comply is deemed a violation of this article. Upon the transport of a vehicle or parts thereof to an impound- ment area as provided in section 21-206, the police department shall promptly make an inquiry with the national crime informa- tion center (NCIC) and any statewide Missouri law enforcement computer center to determine if the vehicle or vehicle parts have been reported as stolen and shall enter the information pertain- ing to the transported vehicle or parts thereof into the statewide law enforcement computer system.
(b) If the vehicle or parts thereof are not claimed within ten
(10) days of being transported to an impoundment area, the police department shall submit a crime inquiry and inspection report to the director of revenue of the state motor vehicle registration bureau. The police department shall also provide one (1) copy of the report to the storage facility and one (1) copy to the towing company. A towing company in possession of a vehicle or parts thereof under this article after ten (10) days shall report such fact to the police department. The crime inquiry and inspection report shall be designed by the director of revenue and shall include the following:
(1) The year, model, make and property identification num- ber of the property and the owner of vehicle, if known;
(2) A description of any damage to the property noted by the law enforcement officer authorizing the tow;
(3) The license plate or registration number and the state of issuance, if available;
(4) The storage location of the vehicle or parts thereof;
(5) The name, telephone number and address of the towing company;
(6) The date, place and reason for the towing of the vehicle or parts thereof;
(7) The date of the inquiry of the national crime information center, any statewide Missouri law enforcement computer system, and any other similar system which has titling and registration information to determine if the property had been stolen. This information shall be entered only by the police department;
(8) The signature and printed name of the police department officer authorizing the transport of the vehicle or parts thereof to an impoundment area and the towing operator; and
(9) Any additional information the director of revenue deems appropriate.
(c) Notice to owner/tow lien claim. Any towing company which comes into possession of a vehicle or parts thereof pursuant to this chapter and who claims a lien for recovering, towing or storing a vehicle or parts thereof shall give notice to the owner of the vehicle or parts thereof as disclosed by the records of the director of revenue of the state motor vehicle registration bureau or of a corresponding agency in any other state. The towing company shall notify the owner of the vehicle or parts thereof within ten (10) days of the date of mailing indicated on the notice sent by the director of revenue of the state motor vehicle regis- tration bureau or other corresponding agency in any other state, by certified mail, return receipt requested. The notice shall contain the following:
(1) The name, address and telephone number of the storage facility;
(2) The date, reason and place from which the vehicle or parts thereof was removed;
(3) A statement that the amount of the accrued towing, storage and administrative costs are the responsibility of the owner of the vehicle or parts thereof, and that storage and/or administrative costs will continue to accrue as a legal liability of the owner of the vehicle or parts thereof until the vehicle or parts thereof is redeemed;
(4) A statement that the storage firm claims a possessory lien for all such charges;
(5) The procedure for redemption as set forth in section 21-207;
(6) The procedure for hearings as set forth in section 21-214;
(7) The procedure for final disposition as set forth in section 21-212; and
(8) A statement that any charges in excess of the value of the abandoned property at the time of such transfer shall remain a liability of the owner.
(d) Failure to disclose owner of vehicle. In the event the records of the director of revenue of the state motor vehicle registration bureau or other corresponding agency of a state fail to disclose the name of the owner of the vehicle or parts thereof, the towing company shall attempt to locate documents or other evidence of ownership on or within the vehicle or parts thereof. The towing company must certify that a physical search of the abandoned property disclosed that no ownership documents were found and a good faith effort has been made. For purposes of this subsection, “good faith effort” shall mean that the following checks have been performed by the towing company to establish the owner of the vehicle or parts thereof:
(1) Check of the vehicle or parts thereof for any type of license plates, license plate record, temporary permit, inspection sticker, decal or other evidence which may indicate ownership;
(2) Check the law enforcement report for a license plate number or registration number if the vehicle or parts thereof were towed at the request of the police depart- ment; and
(3) If there is no address of the owner on the impound report, check the law enforcement report to see if an out-of-state address is indicated on the drive license information.
(e) Petition in circuit court. The owner of the vehicle or parts thereof, within ten (10) days after the receipt of notification from the towing company pursuant to this section, may file a petition in the associate circuit court in the county where the vehicle or parts thereof are stored to determine if the vehicle or parts thereof were wrongfully taken or withheld from the owner. The petition shall name the towing company among the defendants. The petition may also name the agency ordering the tow or the owner, lessee or agent of the real property from which the abandoned property was removed. The Missouri Director of Revenue shall not be a party to such petition but a copy of the petition shall be served on the Director of Revenue.
(Code 1980, § 16-51; Ord. No. 684, § 1, 5-7-86; Ord. No. 1015, § 6,
1-2-03)
Sec. 21-206. Impoundment and storage of unclaimed vehi- cles.
(a) Impoundment. In the event the public nuisance is not removed within the time specified in the notice and as provided in this article, it shall be transported to an impoundment area designated by the city at the direction of the chief of police or one
(1) of his or her duly authorized police officers and shall then be stored for a period of up to ten (10) days.
(b) Notice of impoundment. Within five (5) days upon determi- nation of ownership of a vehicle or parts thereof transported to an impoundment area at the direction of the police department, the police department shall notify the owner of the removal of the vehicle or parts thereof, the reasons for the removal, the location of the vehicle, procedure for redemption as set forth in section 21-207, and that upon failure to redeem the vehicle or parts thereof within the specified time the city shall hold a hearing as set forth in section 21-208 to determine if the vehicle or parts thereof are a nuisance or detrimental to the health, safety, or welfare of the residents of the city. Notice shall be enclosed in a sealed envelope, postage prepaid, directed to the owner either at his place of business or residence in the city or elsewhere. (Code 1980, § 16-52; Ord. No. 684, § 1, 5-7-86; Ord. No. 1000, § 5, 3-6-02; Ord. No. 1015, § 7, 1-2-03)
Sec. 21-207. Redemption of impounded vehicles.
Within ten (10) days of the impoundment of the public nui- sance, the owner or a person entitled to possession thereof may redeem the property by establishing his own identity, providing proof of ownership, providing evidence of clearance of any traffic or parking fines or exhibiting summons indicating future court dates for hearings on such offense, paying to the city the actual cost incurred for the removal and shall pay reasonable storage charge, and sign a release.
(Ord. No. 1000, § 6, 3-6-02)
Editor’s note—Section 6 of Ord. No. 1000, adopted Mar. 6, 2002, repealed
§ 21-207 and enacted new provisions to read as herein set out. Former § 21-207 pertained to notice of sale and derived from the 1980 Code, and Ord. No. 684, adopted May 7, 1986.
Sec. 21-208. Hearings.
Provided that upon failure of the owner to redeem the vehicle or parts thereof or file a petition in the associate circuit court within the times specified in subsection 21-205(e), the city shall call and have a full and adequate hearing upon the matter, giving the affected party(s) at least ten (10) days written notice of the hearing. Any party may be represented by legal counsel, and all parties shall have an opportunity to be heard. After the hearing, if the evidence supports a finding that the vehicle is a nuisance or detrimental to the health, safety or welfare of the residents of the city, an order shall be issued by the city making specific findings of fact, based upon competent and substantial evidence, which shows the vehicle or parts thereof to be a nuisance or detrimental to the health, safety, or welfare of the residents of the city and ordering the vehicle or parts thereof to be disposed of. If the evidence does not support a finding that the vehicle is a nuisance or detrimental to the health, safety, or welfare of the residents of the city, no order shall be issued.
(Ord. No. 1015, § 8, 1-2-03)
Editor’s note—Section 8 of Ord. No. 1015, adopted Jan. 2, 2003, repealed
§ 21-208 and enacted new provisions to read as herein set out. Former § 21-208 pertained to entry onto private property and derived from the 1980 Code, and Ord. No. 684, adopted May 7, 1986.
Sec. 21-209. Final disposition of unredeemed impounded vehicles; notice of same.
(a) In the event that the public nuisance is not redeemed within the ten-day period, and the owner fails to file a petition in the associate circuit court as provided in section 21-205, then upon a hearing and the issuance of an order to dispose of the vehicle or parts thereof pursuant to section 21-208, the city may sell the vehicle or parts thereof to the highest bidder, or if the vehicle, or parts thereof, has no sale value, the city may otherwise dispose of it by salvage or destruction.
(b) Notice of final disposition.
(1) After a hearing and the issuance of an order to depose of an abandoned vehicle, or parts thereof, and prior to the sale of any abandoned vehicle, or parts thereof, this city shall cause to be published in a newspaper of general
circulation a notice of sale stating that the city is selling the abandoned property. The notice shall contain a de- scription of the abandoned vehicle including color, make, year, number, serial number if available, and any and all other information establishing an accurate identification of the property. The notice of sale shall also include the terms of the sale; the date, time, and the place of the sale. The notice shall be published not less than five (5) days nor more than thirty (30) days prior to the date of the sale.
(2) Seven (7) days before commencement of the intended action for final disposition of the public nuisance the city shall post a notice in City Hall and in any impoundment areas conveniently displayed for public viewing contain- ing a description of the public nuisance, the name and address of the owner, and the intended date of the sale, or otherwise disposition of the impounded vehicle. Any money received by the city derived from the sale of any public nuisance, shall be applied to the expenses incurred for the account of the owner or the last registered owner. This provision does not relieve the owner or last registered owner of penalties otherwise invoked by this article.
(Ord. No. 1015, § 9, 1-2-03)
Sec. 21-210. Towing companies.
Any towing company that the city commissions for service must agree to follow the provisions laid out in sections 21-205, 21-206 and 21-209 as amended and supplemented by Ordinance Nos. 1000 and 1015.
(Ord. No. 1000, § 8, 3-6-02; Ord. No. 1015, § 10, 1-2-03)
Sec. 21-211. Entry onto private property.
The chief of police of this city or police officers under his or her command may enter upon private property for inspection of any abandoned vehicle, or parts thereof, for the purpose of removing such abandoned vehicle, or parts thereof, in accordance with the terms of this article. In the event any person refuses to allow entry onto his private property, the chief of police or police officers under his or her command may obtain a warrant from the proper
official and proceed to enter upon the property for the purpose of removing the abandoned vehicle or parts thereof. The reasonable cost entailed in removing the abandoned vehicle, or parts thereof, from private property shall be chargeable to the owner of the abandoned vehicle.
(Code 1980, § 16-54; Ord. No. 684, § 1, 5-7-88; Ord. No. 1015, § 11,
1-2-03)
Sec. 21-212. Violation; penalty.
Any person found guilty of violating any of the provisions of this article shall be subject to punishment as provided in section 1-9 of this Code.
(Code 1980, § 16-55; Ord. No. 684, § 1, 5-7-86; Ord. No. 1015, § 12,
1-2-03)
Sec. 21-213. Failure to observe procedures no defense.
The failure of any abovementioned authorized person to com- ply with the aforementioned procedural requirements will not serve as a defense to any person found in violation of any provisions of this article.
(Code 1980, § 16-56; Ord. No. 684, § 1, 5-7-86; Ord. No. 1015, § 13,
1-2-03)
Sec. 21-214. Exclusive definition of nuisance.
The definition of an abandoned vehicle as a nuisance, and the aforementioned consequences from such designation shall remain exclusive and are not intended to either expressly or impliedly repeal any sections or provisions of chapter 15 of this Code. (Code 1980, § 16-57; Ord. No. 684, § 1, 5-7-86; Ord. No. 1015, § 14,
1-2-03)
Secs. 21-215—21-230. Reserved.
ARTICLE V. BICYCLE(S), SCOOTER(S), ROLLER BLADE(S), SKATEBOARD(S), AND SIMILAR DEVICES*
Sec. 21-231. Application generally.
The provisions of this article shall apply whenever a bicycle, scooter, roller blade, skateboard or similar device is operated upon any street or highway or upon any pathway, sidewalk or bridle trail, except as herein otherwise provided.
(Code 1980, § 25-405; Ord. No. 1013, § 4(a), 10-2-02)
Sec. 21-232. Application of traffic laws.
Traffic laws shall apply to every person riding a bicycle, scooter, roller blade, skateboard or similar device upon a street or roadway. Bicycle, scooter, roller blade, skateboard and similar device operators shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by the laws of the state declaring rules of the road applicable to vehicles or by the traffic ordinances of this city applicable to the driver of a vehicle, except as herein otherwise provided, and except as to those provisions of laws and ordinances which by their nature can have no reasonable application.
(Code 1980, § 25-406; Ord. No. 1013, § 4(a), 10-2-02)
Sec. 21-233. Obedience to traffic-control devices.
*Editor’s note—Section 3 of Ord. No. 1013, adopted Oct. 2, 2002, retitled Article V of Chapter 21 to read as herein set out. Prior to amendment, article V was entitled “Bicycles”.
from the bicycle, scooter, roller blade, skateboard or similar device to make any such turn, in which event such person shall then obey the regulations applicable to pedestrians.
(Code 1980, § 25-407; Ord. No. 1013, § 4(a), 10-2-02)
Sec. 21-234. Manner of riding.
(a) A person operating a bicycle, scooter, roller blade, skate- board or similar device shall have it under control at all times, and shall ride it in a manner which will in no way endanger any person or property.
(b) A person operating a bicycle, scooter, roller blade, skate- board or similar device on a public street shall not ride other than astride a permanent and regular seat attached thereto.
(c) No bicycle, scooter, roller blade, skateboard or similar device operated on a public street shall be used to carry more persons at one (1) time than the number for which it is designed and equipped.
(Code 1980, § 25-408; Ord. No. 1013, § 4(a), 10-2-02)
Sec. 21-235. Riding on roadways and bicycle paths.
(a) Every person operating a bicycle, scooter, roller blade, skateboard or similar device upon a street or roadway shall ride as near to the right side of the street or roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction.
(b) Persons operating bicycle(s), scooter(s), roller blade(s), skate- board(s) and similar device(s) upon a street or roadway shall ride single file except on paths or parts of streets or roadways set aside for the exclusive use of bicycle(s), scooter(s), roller blade(s), skateboard(s) and similar device(s).
(c) Wherever a usable path for bicycles has been provided adjacent to a street or roadway, bicycle, scooter, roller blade, skateboard and similar device riders may use such path and not use the street or roadway. Persons riding upon sidewalks shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing such pedestrian.
(Code 1980, § 25-409; Ord. No. 1013, § 4(a), 10-2-02)
Sec. 21-236. Speed.
No person shall operate a bicycle, scooter, roller blade or similar device at a speed greater than is reasonable and prudent under the conditions then existing.
(Code 1980, § 25-410; Ord. No. 1013, § 4(a), 10-2-02)
Sec. 21-237. Emerging from alley or driveway.
The operator of a bicycle, scooter, roller blade, skateboard or similar device emerging from an alley, driveway or building shall, upon approaching a sidewalk area extending across an alleyway, yield the right-of-way to all pedestrians approaching on such sidewalk or sidewalk area, and upon entering the street or roadway, shall yield the right-of-way to all vehicles approaching on such street or roadway.
(Code 1980, § 25-411; Ord. No. 1013, § 4(a), 10-2-02)
Sec. 21-238. Carrying articles.
No person operating a bicycle, scooter, roller blade, skateboard or similar device shall carry any package, bundle or article which prevents the rider from keeping at least one (1) hand upon the handlebars.
(Code 1980, § 25-412; Ord. No. 1013, § 4(a), 10-2-02)
Sec. 21-239. Parking.
No person shall park or leave any bicycle, scooter, roller blade, skateboard or similar device upon a street or any sidewalk or against any building along any sidewalk in a manner which obstructs vehicular use of the street and/or pedestrian use of the sidewalk.
(Code 1980, § 25-413; Ord. No. 1013, § 4(a), 10-2-02)
Sec. 21-240. Riding on sidewalk.
(a) No person shall ride a bicycle, scooter, roller blade, skate- board or similar device upon a sidewalk within a business district.
(b) Whenever any person is riding a bicycle, scooter, roller blade, skateboard or similar device upon a sidewalk, such person shall yield the right-of-way to any pedestrian, and shall give audible signal before overtaking and passing such pedestrian.
(c) No person shall ride a motorized bicycle upon a sidewalk.
(d) The chief of police is authorized to erect signs on any sidewalk or roadway prohibiting the riding [operating] of bicycles, scooters, roller blades, skateboards and similar devices thereon by any person, and when such signs are in place no person shall disobey the same.
(Code 1980, § 25-414; Ord. No. 1013, § 4(a), 10-2-02)
State law reference—Similar provisions, RSMo 300.347.
Sec. 21-241. Lamps.
Every bicycle, scooter, roller blade, skateboard and similar device when in use at nighttime shall be equipped with a lamp on front which shall emit a white light visible from a distance of at least five hundred (500) feet to the front and with a red reflector on the rear of a type which shall be visible from all distances from fifty (50) feet to three hundred (300) feet to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle. A lamp emitting a red light visible from a distance of five hundred
(500) feet to the rear may be used in addition to the red reflector. (Code 1980, § 25-415; Ord. No. 1013, § 4(a), 10-2-02)
Sec. 21-242. Brake.
Every bicycle, scooter, roller blade, skateboard and similar device shall be equipped with a brake which will enable the operator to make the brake wheel skid on dry, level, clean pavement.
(Code 1980, § 25-416; Ord. No. 1013, § 4(a), 10-2-02)
Sec. 21-243. Helmet required.
Every person operating or being a passenger on a bicycle, or using in-line skates, roller skates or a skateboard or similar
device on a public roadway, public bicycle path or other public rights-of-way, shall wear a bicycle helmet of good fit, fastened securely upon the head with the straps of the helmet.
(Ord. No. 1013, § 4(b), 10-2-02)
Sec. 21-244. Defined.
As used in this article, the term “bicycle helmet” means a piece of headgear which meets or exceeds the impact standard for protective bicycle helmets set by the U.S. Consumer Products Safety Commission federal safety standards, those developed by the American National Standards Institute (ANSI), the Snell Memorial Foundation, or the American Society of Testing and Materials (ASTM).
(Ord. No. 1013, § 4(c), 10-2-02)
Sec. 21-245. Passenger to wear helmet.
No person operating a bicycle or similar device on a public roadway, public bicycle path or other public rights-of-way shall allow anyone to ride as a passenger unless the passenger is wearing a bicycle helmet as defined in section 21-244 of this article; or else is in an enclosed trailer or other device which meets or exceeds current nationally recognized standards of design and manufacture for the protection of the passenger’s head from impacts in an accident without the need for a helmet. (Ord. No. 1013, § 4(d), 10-2-02)
Sec. 21-246. Parental responsibility.
No parent, custodian or legal guardian of a person age sixteen
(16) and under shall knowingly permit said person to operate or be a passenger on a bicycle, or to use in-line skates, roller skates, skateboards or similar device without wearing a bicycle helmet as defined in section 21-244 of this article.
(Ord. No. 1013, § 4(e), 10-2-02)
Sec. 21-247. Passenger restraint required.
No person operating a bicycle or similar device on a public roadway, public bicycle path or other public right-of-way shall allow anyone who is either four (4) years old or younger, weighing
forty (40) pounds or less, to ride as a passenger on the bicycle or similar device other than in a seat, which shall adequately retain the passenger in place and protect the passenger from the bicycle’s moving parts.
(Ord. No. 1013, § 4(f), 10-2-02)
Sec. 21-248. Equipment violation.
Any bicycle or similar device operator or passenger found to be in violation of this section may be issued an equipment violation notice as prescribed on a Missouri Uniform Complaint and Summons. The person responsible for payment of the violation may have the violation dismissed, if the person submits a receipt for a proof of purchase of a bicycle helmet along with the helmet, to the Wellston Police Department within twenty-five (25) calen- dar days of the date of the violation notice. Any violation of this Article regarding the wearing of helmets shall be subject to a fine of between twenty-five dollars ($25.00) and one hundred dollars ($100.00).
(Ord. No. 1013, § 4(g), 10-2-02)
Sec. 21-249. Legal responsibility of juvenile violators.
Fines assessed to juvenile violators (age sixteen (16) and under) will be the legal responsibility of the violator’s parent, custodian or legal guardian; and therefore any summons issued as a result of a violation committed by such a juvenile, shall be issued to said violator’s parent, custodian or legal guardian. (Ord. No. 1013, § 4(h), 10-2-02)
Sec. 21-250. Penalty.
Any person seventeen (17) years of age or older who violates any provision of this article is guilty of an ordinance violation, and, upon conviction thereof, shall be punished by a fine of not less than twenty-five dollars ($25.00), nor more than one hundred dollars ($100.00). Such an ordinance violation does not constitute a crime and conviction shall not give rise to any disability or legal advantage based on conviction or a criminal offense. If any person under seventeen (17) years of age violates any provisions of this article in the presence of a police officer possessing the duty and
power of arrest for violation of the general criminal laws of this state or for violation of the ordinances of this city, the officer may impound the bicycle or motorized bicycle involved for a period not to exceed five (5) days upon issuance of a receipt to the child riding it or to its owner.
(Ord. No. 1013, § 4(i), 10-2-02)
Sec. 21-251. Applicability.
This article shall only apply to bicycles, in-line skates, roller skates or skateboards operated on public access and not on private residential property.
(Ord. No. 1013, § 4(j), 10-2-02)
Secs. 21-252—21-265. Reserved.
ARTICLE VI. OPERATION
DIVISION 1. GENERALLY
Sec. 21-266. Drive on right of roadway—Generally.
Upon all streets in the city of sufficient width, a vehicle shall be driven upon the right half of the roadway, except as follows:
(1) When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement.
(2) When placing a vehicle in position for and when such vehicle is lawfully making a left turn in compliance with the rules governing such movement.
(3) When the right half of the roadway is closed to traffic while under construction or repair.
(4) Upon a roadway designated by markings or signs for one-way traffic.
(Code 1980, § 25-131)
State law reference—Similar provisions, RSMo 304.015.2.
Sec. 21-267. Same—Multilane roadways.
All vehicles in motion upon a highway having two (2) or more lanes of traffic proceeding in the same direction shall be driven in the right-hand lane except when overtaking and passing another vehicle or when preparing to make a proper left turn or when otherwise directed by traffic markings, signs or signals.
(Code 1980, § 25-132)
Sec. 21-268. Meeting of vehicles.
Operators of vehicles proceeding in the opposite direction shall pass each other to the right, each giving to the other at least one-half of the main-traveled portion of the roadway as nearly as possible.
(Code 1980, § 25-133)
Sec. 21-269. Divided roadways.
It is unlawful to drive any vehicle upon any street or highway which has been divided into two (2) or more roadways by means of a physical barrier or by means of a dividing section or delineated by curbs, lines or other markings on the roadway, except to the right of such barrier or dividing section, or to make any left tum, semicircular turn or U-turn on any such divided highway, except in a crossover or intersection.
(Code 1980, § 25-134)
Sec. 21-270. Roadways of three lanes.
Whenever any roadway has been divided into three (3) or more clearly marked lanes for traffic, the following rules in addition to all others consistent herewith, shall apply:
(1) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.
(2) Upon all streets and highways any vehicle proceeding at less than the normal speed of traffic thereon shall be driven in the right-hand lane for traffic or as close as practicable to the right-hand edge or curb, except as otherwise pro vided in this chapter.
(Code 1980, § 25-135)
Sec. 21-271. Overtaking and passing a vehicle-Manner.
The operator of any vehicle overtaking another vehicle proceeding in the same direction shall first sound his horn before beginning such movement, and then shall pass at a safe distance
to the left thereof, and shall not again drive to the right side of the highway until safely clear of such overtaken vehicle.
(Code 1980, § 25-136)
State law reference-Similar provisions, RSMo 304.016.
Sec. 21-272. Same-Duty of overtaken operator.
The operator of a vehicle upon a highway about to be overtaken and passed by another vehicle approaching from the rear shall give way to the right in favor of the overtaking vehicle on suit able and audible signal being given by the driver of the over taking vehicle, and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.
(Code 1980, § 25-137)
State law reference-Similar provisions, RSMo 304.016.
Sec. 21-273. Same-On the right.
The driver of a motor vehicle may overtake and pass to the right of another vehicle only under the following conditions:
(1) When the vehicle overtaken is making or about to make a left turn.
(2) Upon a street with unobstructed pavement of sufficient width for two (2) or more lines of vehicles in each direction.
(3) Upon a one-way street.
Provided, however, such driver may overtake and pass to the right of another vehicle only when such movement may be made in safety. In no event shall such movement be made by driving off the paved or main-traveled portion of the roadway.
(Code 1980, § 25-138)
State law reference-Similar provisions, RSMo 304.016.
Sec. 21-274. Same-When prohibited.
No vehicle shall at any time be driven to the left side of the roadway under the following conditions:
(1) When approaching the crest of a grade or upon a curve of the highway where the driver’s view is obstructed within
such distance as to create a hazard in the event another vehicle might approach from the opposite direction.
(2) When the view is obstructed upon approaching within one hundred (100) feet of any bridge, viaduct, tunnel or when approaching within one hundred (100) feet of or at any intersection or railroad crossing.
(Code 1980, § 25-139)
State law reference-Similar provisions, RSMo 304.016.
Sec. 21-275. Same-Limitation.
Except when a roadway has been divided into three (3) traffic lanes, no vehicle shall be driven to the left side of the centerline of a street or highway in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken. (Code 1980, § 25-140)
State law reference-Similar provisions, RSMo 304.016.
Sec. 21-276. Same-Stopped vehicle in intersection.
Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedes trian to cross the roadway, the driver of any other vehicle ap proaching from the rear shall not overtake and pass such stopped vehicle.
(Code 1980, § 25-141)
Sec. 21-277. Same-School buses.
(a) The driver of a vehicle upon any street or highway within the limits of the city upon meeting or overtaking from either direction any school bus which has stopped on the street or highway for the purpose of receiving or discharging any school children, and whose driver has, in the manner prescribed by law, given the signal to stop, shall stop the vehicle before reaching such school bus and shall not proceed until such school bus resumes motion, or until signaled by its driver to proceed.
(b) Every bus used for the transportation of schoolchildren shall bear upon the front and rear thereon a plainly visible sign con taining the words “School Bus” in letters not less than eight (8) inches in height. Each bus shall have lettered on the rear in plain and distinct type the following: “City Ordinance: Stop while bus is loading and unloading.” Each school bus subject to the provi sions of this section shall be equipped with a mechanical or elec trical signalling device, which will display a signal plainly visible from the front and rear and indicating intention to stop.
(c) The driver of any vehicle upon any divided street or boule vard with separate roadways need not stop upon meeting or over taking a school bus which is on a different roadway or which is stopped in a loading zone constituting a part of, or adjacent to, a limited- or controlled-access street or highway at a point where pedestrians are not permitted to cross the street or roadway, which is proceeding in the opposite direction on a highway containing four (4) or more lanes of traffic.
(d) No driver of a school bus shall take on or discharge passen gers at any location upon a street or highway consisting of four (4) or more lanes of traffic, whether or not divided by a median or barrier, in such manner as to require the passengers to cross more than two (2) lanes of traffic.
(Code 1980, § 25-142)
Sec. 21-278. No-passing zones.
(a) The traffic engineer is hereby authorized to locate and mark with yellow lines in or adjacent to the center of the road those sections of roads in which passing a vehicle traveling in the same direction is prohibited by city ordinance, or in which such passing is found by the police department to be unsafe, considering the contour of the ground, the direction and width of the road, the presence of connecting or crossroads, and the adjacent land uses.
(b) It shall be unlawful for any person to operate a vehicle across such yellow lines when located in the traffic lane in which such vehicle is traveling.
(Code 1980, § 25-143)
Sec. 21-279. Right-of-way at intersections-Generally.
The driver of a vehicle approaching an intersection shall yield the right-of-way to a vehicle which has entered the intersection from a different street; provided, however, there is no form of traffic control at such intersection.
(Code 1980, § 25-144)
State law reference-Similar provisions, RSMo 304.021.
Sec. 21-280. Same-Two vehicles at same time.
When two (2) vehicles enter an intersection from different streets at approximately the same time, the driver of the vehicle on tht:i left shall yield the right-of-way to the driver of the vehicle on thEi right. This section shall not apply to vehicles approaching each other from opposite directions when the driver of one (1) of such vehicles is attempting to or is making a left turn.
(Code 1980, § 25-145)
State law reference-Similar provisions, RSMo 304.021.
Sec. 21-281. Same-When stop required.
The driver of any vehicle shall stop such vehicle at the entrance to a through street and shall yield the right-of-way to other ve hicles which have entered the intersection on the through street or which are approaching so closely on the through street as to constitute an immediate hazard.
(Code 1980, § 25-146)
State law reference-Similar provisions, RSMo 304.021.
Sec. 21-282. Driving while intoxicated.
No person shall operate a motor vehicle upon any street, highway, alley, public right-of-way, or public place in this city while in an intoxicated condition, as defined by the statutes of the state. Any person who violates the provisions of this section shall be deemed guilty of a misdemeanor.
(Code 1980, § 25-147)
Cross reference-Alcoholic beverages generally, Ch. 3.
State law reference-Similar provisions, RSMo 564.440.
Sec. 21-283. Driving while under the influence of drugs.
No person who is an habitual user or under the influence of any narcotic drug, as defined by the statutes of the state, or who is under the influence of any other drug, to a degree which renders him incapable of operating a motor vehicle shall operate a motor vehicle upon any street, highway, alley, public right-of-way or public place in this city.
(Code 1980, § 25-148)
Sec. 21-284. Careless and imprudent driving.
Every person operating a motor vehicle upon any street, highway, alley, public right-of-way, municipal parking lot, or public place in this city shall drive the vehicle in a careful and prudent manner and at a rate of speed so as not to endanger the property of another or the life or limb of any person, and shall exercise the highest degree of care.
(Code 1980, § 25-149)
Sec. 21-285. Following emergency vehicles.
The driver of any vehicle other than one on official business shall not follow any emergency vehicle traveling in response to an emergency closer than five hundred (500) feet or drive or park such vehicle so as to interfere with any emergency vehicle. (Code 1980, § 25-262)
State law reference-Similar provisions, RSMo 300.300.
Sec. 21-286. Crossing fire hose.
No vehicle shall be driven over any unprotected hose of a fire department when laid down on any street or private driveway, without the consent of the fire department official in command. (Code 1980, § 25-263)
State law reference-Similar provisions, RSMo 300.305.
Sec. 21-287. Traffic controlled at fires.
No vehicle, except by direction of the fire chief or other authorized officer of the fire department, shall approach or park within one (1) block of a fire at any time, or be parked or left standing
within one (1) block of any fire at any time, or be parked or left standing so as to interfere with the work of the fire department. (Code 1980, § 25-264)
Sec. 21-288. Driving in procession.
Each driver in a funeral or other procession shall drive as near to the right-hand edge of the roadway as practicable and shall follow the vehicle ahead as close as is practicable and safe. (Code 1980, § 25-265)
State law reference-Similar provisions, RSMo 300.315.
Sec. 21-289. Driving through funeral or other procession.
No driver of a vehicle shall drive between the vehicles com prising a funeral or other authorized procession while they are in motion and when such vehicles are conspicuously designated as required in this chapter. This provision shall not apply at inter sections where traffic is controlled by traffic-control signals or police officers.
(Code 1980, § 25-266)
State law reference-Similar provisions, RSMo 300.310.
Sec. 21-290. Funeral procession to be identified.
A funeral composed of a procession of vehicles shall be identi fied as such by the display upon the outside of each vehicle of a pennant or other identifying insignia or by such other method as may be determined and designated by the police department. (Code 1980, § 25-267)
State law reference-Similar provisions, RSMo 300.320.
Sec. 21-291. When permits required for parades and pro cessions.
(a) It shall be unlawful for any person to hold any open-air public meeting, parade or procession, except the forces of the United States Army or Navy, the military forces of this state, the forces of the police and fire department, and except funeral pro cessions, upon any street or public way in the city until a permit in writing therefor shall first be obtained from the chief of police or from the city council, as provided in this section.
(b) Application in writing shall be made therefor by the person or persons in charge or control thereof or responsible therefor. If for a parade or procession, such application shall set forth the route along which such parade or procession is to proceed, the time of starting and the purpose thereof. In case of an open-air meeting, such application shall specify the place at which it is desired to hold such meeting, the purpose thereof, the time at which it is to be held and the probable duration thereof.
(c) Upon the filing of such application the chief of police shall investigate as to the truth of the statements made therein con cerning the object and purpose thereof, and if he shall find that such parade, procession or open-air meeting is not to be held for any unlawful purpose and will not in any manner tend to a breach of the peace or unnecessarily interfere with the public use of the streets or ways of the city or the peace or quiet of the inhabitants thereof, he shall issue such permit to the person making applica tion therefor, without fee or charge.
(d) If such application for a permit is denied by the chief of police, the applicant or applicants therefor may appeal to the city council for such permit, and such appeal shall be heard and de termined within a reasonable time thereafter, and the decision of the city council thereon shall be final.
(e) Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor.
(Code 1980, § 25-268)
State Jawreference-Similar provisions, RSMo 300.325.
Sec. 21-292. Vehicle shall not be driven on a sidewalk.
(a) The driver of a vehicle shall not drive within any sidewalk area except as a permanent or temporary driveway.
(b) The driver shall not drive over any curb except where there is a permanent or temporary driveway.
(Code 1980, § 25-269)
State law reference-Similar provisions, RSMo 300.330.
Sec. 21-293. Limitation on backing.
The driver of a vehicle shall not back the same unless such movement can be made with reasonable safety and without in• terfering with other traffic.
(Code 1980, § 25-270)
State law reference-Similar provisions, RSMo 300.335.
Sec. 21-294. Opening and closing vehicle doors.
No person shall open the door of a motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, nor shall any person leave a door open on the side of a motor vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.
(Code 1980, § 25-271)
State law reference-Similar provisions, RSMo 300.340.
Sec. 21-295. Clinging to vehicle.
No person riding upon any bicycle, motorized bicycle, coaster, roller skates, sled or toy vehicle shall attach the same or himself to any vehicle upon a roadway.
(Code 1980, § 25-272)
State law reference-Similar provisions, RSMo 300.350.
Sec. 21-296. Controlled access.
No person shall drive a vehicle onto or from any controlledl access roadway except at such entrances and exits as are estab lished by public authority.
(Code 1980, § 25-273)
State law reference-Similar provisions, RSMo 300.355.
Sec. 21-297. Railroad trains not to block streets.
It shall be unlawful for the directing officer or the operator of any railroad train to direct the operation of or to operate the same in such a manner as to prevent the use of any street for purposes of travel for a period of time longer than ten (10) minutes; pro vided that this section shall not apply to a moving train or to one stopped because of an emergency or for repairs necessary be fore it can proceed safely.
(Code 1980, § 25-273.1)
State law reference-Obstructing tracks, RSMo 564.360, 564.370.
Sec. 21-298. Following too closely.
The driver of a vehicle shall not follow another vehicle upon any public street or alley more closely than is reasonably safe and
prudent having due regard for the speed of such vehicle and the traffic upon or condition of the street or alley.
(Code 1980, § 25-274)
State law reference-Distance at which vehicles must follow, RSMo 304.017.
Sec. 21-299. Pulling from curb into traffic.
The driver of a motor vehicle moving from a parked position at the curb or at the side of the roadway into moving traffic shall not make such movement unless such can be made in safety to other vehicles using the street or roadway and shall yield the right of-way to all vehicles which are in motion on such street or roadway and which are in such close proximity to such vehicle as to con stitute a traffic hazard.
(Code 1980, § 25-275)
Sec. 21-300. Dimming of lights upon approach of other ve hicles.
Every person operating a motor vehicle shall depress his head lights from a high beam to a low beam within five hundred (500) feet when approaching another vehicle traveling in the opposite direction.
(Code 1980, § 25-276)
Sec. 21-301. Driving across freshly painted street markings or through barricades.
No person shall drive a vehicle across freshly painted street markings, when the same are marked by flags or traffic cones, or remove or drive through barricades placed by the city in streets or alleys.
(Code 1980, § 25-277)
Sec. 21-302. Corner cutting.
It shall be unlawful for any person to drive any motor vehicle upon or across any sidewalk, driveway, filling station or other commercial driveway or other similar surface located at the corner of any intersection protected by a traffic light or other traffic
signal or sign, for the purpose of evading the regulations govern- ing the turning of motor vehicles at intersections.
(Code 1980, § 25-278)
Sec. 21-303. Operation of dangerous vehicle.
No person shall drive, own or operate a vehicle which is driven or towed or hauled over the streets of the city which is so located or constructed as to cause delay, accident to or injury to other vehicles or users of the public streets of the city.
(Code 1980, § 25-279)
Sec. 21-304. Motorcycles—Manner of riding.
(a) A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person nor shall any other person ride on a motorcycle unless such motorcycle is designed to carry more than one (1) person, in which event a passenger may ride upon the permanent and regular seat if designed for two (2) persons, or upon another seat firmly attached to the rear or side of the operator.
(b) The operator of a motorized bicycle shall ride only astride the permanent and regular seat attached thereto, and shall not permit more than one (1) person to ride thereon at the same time, unless the motorized bicycle is designed to carry more than one
(1) person. Any motorized bicycle designed to carry more than one
(1) person must be equipped with a passenger seat and footrests for the use of a passenger.
(c) No person shall ride or use a motorized scooter in the streets, roads or highways of the City of Wellston.
(Code 1980, § 25-280; Ord. No. 1047, § 2, 4-6-05)
State law reference—Similar provisions, RSMo 300.345.
Sec. 21-305. Same—Lights.
It shall be unlawful for any person to ride or operate any motorcycle or motorbike upon the public streets, alleys or other thoroughfares, or in any public park within the city unless such
motorcycle or motorbike is equipped with a light on the front of such vehicle and such light is burning at all times such motorcy- cle or motorbike is in operation.
(Code 1980, § 25-281)
Sec. 21-306. Same—Protective headgear required.
Every person operating or riding as a passenger on any motorcycle upon any street in the city shall wear protective headgear at all times the vehicle is in motion. The protective headgear shall meet reasonable standards and specifications established by the state director of revenue.
(Code 1980, § 25-282)
State law reference—Similar provisions, RSMo 302.020(2).
Sec. 21-307. Same—Rental agencies.
(a) It shall be unlawful for anyone to rent, lease or lend any motorcycle, motor scooter or motorbike to any person without first ascertaining that such person or passenger is equipped with a type of safety helmet approved by state law. If each person is not so equipped, he shall provide the same.
(b) No one shall rent, lease or lend any motorcycle, motor scooter or motorbike to any person without first ascertaining that such person possesses a valid state operator’s license.
(Code 1980, § 25-283)
Sec. 21-308. Same—License required.
Every resident owner of a motorcycle which shall be operated or driven upon the streets, alleys or other public thoroughfares of the city, except as hereinafter expressly provided, shall obtain a license for such vehicle from the director of revenue before operating same upon such public streets, alleys or public thoroughfares.
(Code 1980, § 25-284)
Secs. 21-309—21-320. Reserved.
DIVISION 2. SPEED LIMITS
Sec. 21-321. State law applicable.
The state traffic laws regulating the speed of vehicles shall be applicable upon all streets within the city, except that the city may by ordinance declare and determine upon the basis of engineering and traffic investigation that certain speed regulations
shall be applicable upon specified streets or in certain areas, in which event it shall be unlawful for any person to drive a vehicle at a speed in excess of any speed so declared when signs are in place giving notice thereof, but no city ordinance shall regulate the speed of vehicles upon controlled-access highways of the state. (Code 1980, § 25-191)
State law reference-Similar provisions, RSMo 300.205.
Sec. 21-322. Maximum limit generally.
No person shall operate any vehicle on any street within the city at a greater speed than twenty-five (25) miles per hour, un less signs are erected designating another speed.
(Code 1980, § 25-192)
State law reference-Speed limits generally, RSMo 304.010.
Sec. 21-323. Maximum speed on specific streets.
Whenever signs are posted giving notice of the maximum legal speed limit established for a particular street or portion thereof, it shall be unlawful for any person to drive or operate any vehicle at a rate of speed in excess of such posted limit.
(Code 1980, § 25-193)
Sec. 21-324. Alleys.
No operator shall drive through any alley at a speed exceeding fifteen (15) miles per hour.
(Code 1980, § 25-194)
Sec. 21-325. Regulation in school zones.
All of the vehicles entering into a school zone shall proceed at a speed not to exceed twenty (20) miles per hour until clearing zone. This section shall be enforced between the hours of 8:00 a.m. to 9:00 p.m.; 11:00 a.m. to 1:00 p.m.; and 3:00 p.m. to 4:00 p.m. on any day in which school is regularly in session.
(Code 1980, § 25-195)
Sec. 21-326. Regulation of slow speed,
No person shall drive a motor vehicle at such a slow rate of speed as to impede or block the normal and reasonable movement
of traffic, except when reduced speed is necessary for safe opera tion or in compliance with law. Peace officers may enforce the provisions of this section by directions to drivers, and in the event of apparent willful disobedience to this section and refusal to comply with the direction of an officer in accordance herewith, the continued slow operation of a vehicle by a driver shall be a misdemeanor.
(Code 1980, § 25-196)
State law reference-Similar provisions, RSMo 304.011.
Secs. 21·327-21-335. Reserved.
DIVISION 3. STOP AND YIELD INTERSECTIONS
Sec. 21-336. Through streets designated.
Those streets and parts of streets described by ordinances of the city are declared to be through streets for the purposes of this article.
(Code 1980, § 25-242)
State law reference-Similar provisions, RSMo 300.255.
Sec. 21-337. Signs required at through streets.
Whenever any ordinance of the city designates and describes a through street it shall be the duty of the city traffic engineer to place and maintain a stop sign, or on the basis of an engineering and traffic investigation at any intersection a yield sign, on each and every street intersecting such through street unless traffic at any such intersection is controlled at all times by traffic-control signals; provided, however, that at the intersection of two (2) such through streets or at the intersection of a through street and a heavy traffic street not so designated, stop signs shall be erected at the approaches of either of such streets as may be determined by the city traffic engineer upon the basis of an engineering and traffic study.
(Code 1980, § 25-243)
State Jaw reference-Similar provisions, RSMo 300.260.
Sec. 21-338. Other intersections where stop or yield re quired.
The city traffic engineer is hereby authorized to determine and designate intersections where particular hazards exist upon other than through streets and to determine whether vehicles shall stop at one (1) or more entrances to any such intersection, in which event he shall cause to be erected a stop sign at every such place where a stop is required, or whether vehicles shall yield the right-of-way to vehicles on a different street at such intersection as prescribed in section 21-341, in which event he shall cause to be erected a yield sign at every place where obedience thereto is required.
(Code 1980, § 25-244)
State law reference-Similar provisions, RSMo 300.265.
Sec. 21-339. Stop and yield signs.
(a) The driver of a vehicle approaching a yield sign if required for safety to stop shall stop before entering the crosswalk on the near side of the intersection or, in the event there is no crosswalk, at a clearly marked stop line, but if none, then at the point nearest the intersecting roadway where the driver has a view of ap proaching traffic on the intersecting roadway.
(b) Except when directed to proceed by a police officer or traffic control signal, every driver of a vehicle approaching a stop inter section indicated by a stop sign shall stop before entering the crosswalk on the near side of the intersection or, in the event there is no crosswalk, shall stop at a clearly marked stop line, but if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection.
(Code 1980, § 25-245)
State lawreference-Similar provisions, RSMo 300.270.
Sec. 21-340. Vehicle entering stop intersection.
Except when directed to proceed by a police officer or traffic control signal, every driver of a vehicle approaching a stop inter section indicated by a stop sign shall stop as required by subpara graph (b) of section 21-339, and after having stopped shall yield
the right-of-way to any vehicle which has entered the intersection from another highway or which is approaching so closely on such highway as to constitute an immediate hazard during the time when such driver is moving across or within the intersection. (Code 1980, § 25-246)
State law reference-Similar provisions, RSMo 300.275.
Sec. 21-341. Vehicle entering yield intersection.
The driver of a vehicle approaching a yield sign shall in obedi ence to such sign slow down to a speed reasonable for the existing conditions and shall yield the right-of-way to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard during the time such driver is moving across or within the intersection.
(Code 1980, § 25-247)
State law reference-Similar provisions, RSMo 300.280.
Sec. 21-342. Emerging from alley, driveway or building.
The driver of a vehicle within a business or residence district emerging from an alley, driveway or building shall stop such vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across any alleyway or driveway, and shall yield the right-of-way to any pedestrian as may be necessary to avoid collision, and upon entering the roadway shall yield the right-of-way to all vehicles approaching on such roadway.
(Code 1980, § 25-248)
State law reference-Similar provisions, RSMo 300.285.
Sec. 21-343. Stop when traffic obstructed.
No driver shall enter an intersection or a marked crosswalk unless there is sufficient space on the other side of the intersec tion or crosswalk to accommodate the vehicle he is operating without obstructing the passage of other vehicles or pedestrians, notwithstanding any traffic-control signal indication to proceed. (Code 1980, § 25-249)
State law reference-Similar provisions, RSMo 300.290.
Sec. 21-344. Obedience to signal indicating approach of train.
(a) Whenever any person driving a vehicle approaches a rail road grade crossing under any of the circumstances stated in this section, the driver of such vehicle shall stop within fifty (50) feet but not less than fifteen (15) feet from the nearest rail of such railroad, and shall not proceed until he can do so safely. ‘I’he foregoing requirements shall apply when:
(1) A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train.
(2) A crossing gate is lowered or when a human flagman gives or continues to give a signal of the approach or passagei of a railroad train.
(3) An approaching railroad train is plainly visible and is in hazardous proximity to such crossing.
(b) No person shall drive any vehicle through, around or under any crossing gate or barrier at a railroad crossing while such gate or barrier is closed or is being opened or closed.
(c) When every motor vehicle transporting passengers, for hire, every school bus, and every motor vehicle transporting high ex plosives, or poisonous or compressed inflammable gases, and every motor vehicle used for the transportation of inflammable or cor rosive liquids in bulk, whether loaded or empty, shall, upon ap proaching any railroad grade crossing, be brought to a full stop within fifty (50) feet, but not less than ten (10) feet, from the pearest rail of such railroad grade crossing, and shall not proceed until due caution has been taken to ascertain that the cours« is clear; provided, that such full stop shall not be required at a railroad grade crossing protected by a watchman or traffic officer on duty or by a traffic-control “stop and go” signal, not railroad flashing signal, giving positive indication to approaching vehicles to proceed.
(Code 1980, § 25-250)
State law reference-Similar provisions, RSMo 300.295.
Secs. 21,345-21-355. Reserved.
DIVISION 4. TURNING MOVEMENTS
Sec. 21-356. Turns at intersection.
The driver of a vehicle intending to turn at an intersection shall do so as follows:
(1) Right turns. Both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway.
(2) Left turns. The driver of a vehicle intending to turn left at any intersection shall approach the intersection in the ex treme left-hand lane lawfully available to the traffic moving in the direction of travel of such vehicle, and, after en tering the intersection, the left turn shall be made so as to leave the intersection in a lane lawfully available to traffic moving in such direction upon the roadway being entered.
(Code 1980, § 25-208)
State law reference-Similar provisions, RSMo 300.215.
Sec. 21-357. Turning markers.
(a) The city traffic engineer is authorized to place markers, buttons or signs within or adjacent to intersections indicating the course to be traveled by vehicles turning at such intersections, and such course to be traveled as so indicated may conform to or be other than as prescribed by law or ordinance.
(b) When authorized markers, buttons or other indications are placed within an intersection indicating the course to be traveled by vehicles turning thereat, no driver of a vehicle shall disobey the directions of such indications.
(Code 1980, § 25-209)
State law reference-Similar provisions, RSMo 300.220.
Sec. 21-358. U-turns-Generally.
(a) It shall be unlawful for the driver of any vehicle to turn such vehicle so as to proceed in the opposite direction at any intersection controlled by a traffic signal or police officer; nor shall such turn be made at any place unless the movement can be made in safety and without interfering with other traffic. The
driver of a vehicle shall not turn such vehicle around so as to proceed in the opposite direction upon any curve or upon the approach to or near the crest of a grade, or at any place upon a roadway where such vehicle cannot be seen by the driver of any other vehicle approaching from either direction along the roadway within a distance of three hundred (300) feet, or where the same may create a traffic hazard.
(b) No vehicle in a residence district shall be turned left across the roadway or so as to proceed in the opposite direction when any other vehicle is approaching from either direction where the same may create a traffic hazard.
(Code 1980, § 25-210)
State law reference-Similar provisions, RSMo 300.235.
Sec. 21-359. Same-Where prohibited.
(a) It shall be unlawful for any driver or operator of any vehicle to make any U-turn at any intersection provided with a signal light or with a stop or yield sign controlling traffic.
(b) It shall be unlawful for any driver or operator of any vehicle to make a U-turn when such turn cannot be made in safety or without interference to moving traffic.
(c) The provisions of subparagraphs (a) and (b) above shall not apply to the operators of police, fire and ambulance vehicles while in the course of performing a duty of an emergency nature. (Code 1980, § 25-211)
Sec. 21-360. Authority to place restricted turn signs.
The city traffic engineer is hereby authorized to determine those intersections at which drivers of vehicles shall not make a right turn, left turn or U-turn, and shall place proper signs at such intersections. The making of such turns may be prohibited be tween certain hours of any day and permitted at other hours, in which event the same shall be plainly indicated on the signs or they may be removed when such turns are permitted.
(Code 1980, § 25-212)
State law reference-Similar provisions, RSMo 300.225.
Sec. 21-361. Left turn yield right-of-way.
The driver of a vehicle intending to make a left turn into an alley, private road or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction when the making of such left turn would create a traffic hazard.
(Code 1980, § 25-213)
State law reference-Similar provisions, RSMo 304.021.
Sec. 21-362. Signals required,
No person shall stop or suddenly decrease the speed of or turn a vehicle from a direct course or move right or left upon a roadway unless and until such movement can be made with reasonable safety and then only after the giving of an appropriate signal in the manner provided herein.
(Code 1980, § 25-214)
Sec. 21-363. Hand signals.
(a) An operator or driver when stopping, or when checking the speed of his vehicle, if the movement of other vehicles may rea sonably be affected by such checking of speed, shall extend his arm at an angle below horizontal so that the same may be seen in the rear of his vehicle.
(b) An operator or driver intending to turn his vehicle to the right shall extend his arm at an angle above horizontal so that the same may be seen in front of and in the rear of his vehicle, and shall slow down and approach the intersecting street or highway as near as practicable to the right side of the street or highway along which he is proceeding before turning.
(c) An operator or driver intending to turn his vehicle to the left shall extend his arm in a horizontal position so that the same may be seen in the rear of his vehicle, and shall slow down and approach the intersecting street or highway so that the left side of his vehicle shall be as near as practicable to the centerline of the street or highway along which he is proceeding before turning. (Code 1980, § 25-215)
State law reference-Similar provisions, RSMo 304.019.
Sec. 21-364. When mechanical signals must be used.
The signals herein required shall be given either by means of the hand and arm or by a signal light or signal device in good mechanical condition of a type approved by the state highway patrol; however, when a vehicle is so constructed or loaded that a hand-and-arm signal would not be visible both to the front and rear of such vehicle then such signals shall be given by such light or device. A vehicle shall be considered as so constructed or loaded that a hand-and-arm signal would not be visible both to the front and rear when the distance from the center of the top of the steering post to the left outside limit of the body, cab or load exceeds twenty-four (24) inches, or when the distance from the center of the top of the steering post to the rear limit of the body or load thereon exceeds fourteen (14) feet, which limit of fourteen
(14) feet shall apply to single vehicles or combinations of vehicles. The provisions of this section shall not apply to any trailer which does not interfere with a clear view of the hand signals of the
operator or of the signaling device upon the vehicle pulling such trailer; provided further that the provisions of this section as far as mechanical devices on vehicles so constructed that a hand and-arm signal would not be visible both to the front and rear of such vehicle as above provided shall only be applicable to new vehicles registered within this state after the first day of Jan uary, 1954.
(Code 1980, § 25-216)
Secs. 21-365-21-375. Reserved.
DIVISION 5. ONE-WAY STREETS
Sec. 21-376. Authority to sign.
Whenever any ordinance of the city designates any one-way street or alley the city traffic engineer shall place and maintain signs giving notice thereof, and no such regulation shall be effective unless such signs are in place. Signs indicating the direction of lawful traffic movement shall be placed at every intersection where movement of traffic in the opposite direction is prohibited. (Code 1980, § 25-228)
State law reference-Similar provisions, RSMo 300.240.
Sec. 21-377. One-way streets and alleys.
Upon those streets and parts of streets and in those alleys de scribed and designated by ordinance, vehicular traffic shall move only in the indicated direction when signs indicating the direc tion of traffic are erected and maintained at every intersection where movement in the opposite direction is prohibited.
(Code 1980, § 25-229)
State law reference-Similar provisions, RSMo 300.245.
Sec. 21-378. Authority to restrict direction of movement on streets during certain periods.
(a) The city traffic engineer is hereby authorized to determine and designate streets, parts of streets or specific lanes thereon upon which vehicular traffic shall proceed in one direction during one period and the opposite direction during another period of the day and shall place and maintain appropriate markings, signs, barriers or other devices to give notice thereof. The city traffic engineer may erect signs temporarily designating lanes to be used by traffic moving in a particular direction, regardless of the centerline of the roadway.
(b) It shall be unlawful for any person to operate any vehicle in violation of such markings, signs, barriers or other devices so placed in accordance with this section.
(Code 1980, § 25-230)
State law reference-Similar provisions, RSMo 300.250.
Secs. 21-379-21-390. Reserved.
ARTICLE VII. STOPPING, STANDING AND PARKING*
DIVISION 1. GENERALLY
Sec. 21-391. Proximity to curb.
Except as otherwise provided in this article every vehicle stopped or parked upon a roadway where there are adjacent curbs shall be
*Cross reference-Drainage facilities and surface areas of commercial off
street parking and loading areas, § 5-8.
so stopped or parked with the right-hand wheels of such vehicle parallel to and within eighteen (18) inches of the right-hand curb; provided, however that where parking is permitted at the left hand curb on a one-way street the left-hand wheels of such vehicle shall be parallel to and within eighteen (18) inches of the left hand curb. Provided further, except as otherwise provided in this article, every vehicle stopped or parked upon a roadway where there are no adjacent curbs shall be so stopped or parked with the right-hand wheels of such vehicle parallel to and within eighteen
(18) inches of the right-hand edge of the roadway. (Code 1980, § 25-295)
State law reference-Similar provisions, RSMo 300.415.
Sec. 21-392. Signs or markings indicating angle parking.
(a) The city traffic engineer shall determine upon what streets angle parking shall be permitted and shall mark or sign such streets but such angle parking shall not be indicated upon any federal-aid or state highway within the city unless the state highway commission has determined by resolution or order en tered in its minutes that the roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic.
(b) Angle parking shall not be indicated or permitted at any place where passing traffic would thereby be caused or required to drive upon the left side of the street or upon any streetcar tracks.
(Code 1980, § 25-296)
State law reference-Similar provisions, RSMo 300.420.
Sec. 21-393. Obedience to angle parking signs or markers.
On those streets which have been signed or marked by the city traffic engineer for angle parking, no person shall park or stand a vehicle other than at the angle to the curb or edge of the roadway indicated by such signs or markings.
(Code 1980, § 25-297)
State law reference-Similar provisions, RSMo 300,425,
Sec. 21-394. Permits for loading or unloading at an angle to the curb.
(a) The city traffic engineer is authorized to issue special written permits to permit the backing of a vehicle to the curb for the purpose of loading or unloading merchandise or materials subject to the terms and conditions of such permit. Such permits may be issued either to the owner or lessee of real property or to the owner of the vehicle and shall grant to such person the privilege as therein stated and authorized herein. Any violation of the conditions of such permit shall automatically revoke the same.
(b) Such permits shall be valid for not more than twenty-four
(24) hours from time of issue, but successive permits may be is sued for each day required to complete the particular job ofloading or unloading. No permanent or renewal permit shall be valid. (Code 1980, § 25-298)
State law reference-Similar provisions, RSMo 300.430.
Sec. 21-395. Lamps on parked vehicles.
Any lighted head lamps upon a parked vehicle shall be de pressed or dimmed.
(Code 1980, § 25-299)
State law reference-Similar provisions, RSMo 300.435.
Sec. 21-396. Unattended vehicles.
No person having control or charge of a motor vehicle shall allow such vehicle to stand on any street unattended without first setting the brakes thereon and stopping the motor of such vehicle, and, when standing upon a perceptible grade, without turning the wheels of such vehicle to the curb or the side of the roadway. (Code 1980, § 25-300)
State law reference-Similar provisions, RSMo 304.150.
Secs. 21-397-21-405. Reserved.
DIVISION 2. PROHIBITED IN SPECIFIED PLACES
Sec. 21-406. Stopping, standing or parking prohibited.
(a) Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic-control device, no person shall:
(1) Stop, stand or park a vehicle:
a. On the roadway side of any vehicle stopped or parked at the edge or curb of a street, except before parallel
parking; provided, however, this section will be subject to the provisions of section 21-445.
b. On a sidewalk.
c. Within an intersection.
d. On a crosswalk.
e. Between a safety zone and the adjacent curb or within thirty (30) feet of points on the curb immediately op posite the ends of a safety zone, unless the traffic au thority indicates a different length by signs or mark ings.
f. Alongside or opposite any street excavation or obstruc tion when stopping, standing or parking would ob struct traffic.
g. Upon any bridge or other elevated structure upon a highway or within a highway tunnel.
h. On any railroad tracks.
i. At any place where official signs prohibit stopping.
(2) Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger:
a. In front of or within five (5) feet of a public or private driveway or alley.
b. Within ten (10) feet of a fire hydrant.
c. Within ten (10) feet of a crosswalk at an intersection.
d. Within ten (10) feet upon the approach to any flashing signal, stop sign or traffic-control signal located at the side of a roadway.
e. Within twenty (20) feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five (75) feet of such entrance (when properly signposted).
f. At any place where official signs prohibit standing.
(3) Park a vehicle, whether occupied or not, except tempo rarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers:
a. Within fifty (50) feet of the nearest rail of a railroad crossing.
b. At any place where official signs prohibit parking.
(b) No person shall move a vehicle not lawfully under his con trol into any such prohibited area or away from a curb such a distance as is unlawful.
(Code 1980, § 25-312)
State law reference-Similar provisions, RSMo 300.440.
Sec. 21-407. Parking not to obstruct traffic.
(a) No person shall park any vehicle upon a street, other than an alley, in such a manner or under such conditions as to leave available less than ten (10) feet of the width of the roadway for free movement of vehicular traffic.
(b) When traffic conditions are such that it will be necessary for an operator driving into an intersection to stop within the intersection in a manner that will interfere with the movement of vehicles on the cross street provided he does not sooner stop, the operator shall stop his vehicle before entering the intersection, and shall not proceed until traffic conditions change so as to permit passage through the intersection without stopping.
(Code 1980, § 25-313)
State law reference-Similar provisions, RSMo 300.445.
Sec. 21-408. Parking or standing in alleys.
No person shall park a vehicle or motor vehicle or allow same to stand in an alley within the city as lawfully established except:
(1) The operator of a commercial motor vehicle may allow such vehicle to stand for the purpose of loading and unloading. Loading or unloading shall be deemed to include only such time as shall be required to transport freight or merchan dise from such vehicle to the point of delivery or to pick up such freight or merchandise and transport the same to the motor vehicle, but in no event shall any such vehicle be allowed to park or stand at one (1) place for a longer period than thirty (30) minutes. Each parking or standing of such vehicle, made for the purpose of loading or unloading the same, shall be deemed to be a separate act only if such vehicle shall have been moved from the last previous place of parking or stopping for a distance of not less than fifty
(50) feet.
(2) Where performance of construction, installation or main tenance work upon buildings, equipment, utility services and other property abutting upon an alley within the city requires the presence of a service vehicle to accomplish such work, such vehicle may be parked in such alley at the immediate site of such work, but only for such time as such work is in actual progress and only during such time as the use of equipment upon such vehicle is actually required for the performance of such work, and provided no such ve hicle shall be so parked as to block other traffic along such alley.
(3) No person shall park or allow to stand, a vehicle or motor vehicle, commercial or otherwise, in such manner or in such position as to block ingress into or egress from or as to impede the passage of traffic along any alley within the city. No vehicle or motor vehicle shall be parked or allowed to stand, in such position with reference to, or so close to, another vehicle, that other traffic along such alley is pre vented or impeded from passing either of such vehicles; the fact that such other vehicle shall be unlawfully parked or standing in an unlawful manner shall not excuse a viola tion hereof.
(Code 1980, § 25-314)
Sec. 21-409. Parking for certain purposes prohibited.
No person shall park a vehicle upon any roadway for the prin cipal purpose of:
(1) Displaying such vehicle for sale.
(2) Washing, greasing or repairing such vehicle, except re pairs necessitated by an emergency.
(Code 1980, § 25-315)
State law reference-Similar provisions, RSMo 300.455.
Sec. 21-410. Parking adjacent to schools.
(a) The city traffic engineer is hereby authorized to erect signs indicating no parking upon either or both sides of any street adjacent to any school property when such parking would, in his opinion, interfere with traffic or create a hazardous situation.
(b) When official signs are erected indicating no parking upon either side of a street adjacent to any school property as autho rized herein, no person shall park a vehicle in any such desig nated place.
(Code 1980, § 25-316)
Sec. 21-411. Parking prohibited on narrow streets.
(a) The city traffic engineer is authorized to erect signs indi cating no parking upon any street when the width of the roadway does not exceed twenty (20) feet, or upon one (1) side of a street as indicated by such signs when the width of the roadway does not exceed thirty (30) feet.
(b) When official signs prohibiting parking are erected upon narrow streets as authorized herein, no person shall park ave hicle upon any such street in violation of any such sign.
(Code 1980, § 25-317)
State law reference-Similar provisions, RSMo 300.465.
Sec. 21-412. Standing or parking on one-way streets.
The city traffic engineer is authorized to erect signs upon the left-hand side of any one-way street to prohibit the standing or parking of vehicles, and when such signs are in place, no person shall stand or park a vehicle upon such left-hand side in violation of any such sign.
(Code 1980, § 25-318)
State law reference-Similar provisions, RSMo 300.470.
Sec. 21-413. No stopping, standing or parking near haz ardous or congested places.
(a) The city traffic engineer is hereby authorized to determine and designate by proper signs places not exceeding one hundred
(100) feet in length in which the stopping, standing or parking of vehicles would create an especially hazardous condition or would cause unusual delay to traffic.
(b) When official signs are erected at hazardous or congested places as authorized herein, no person shall stop, stand or park a vehicle in any such designated place.
(Code 1980, § 25-319)
State law reference-Similar provisions, RSMo 300.480.
Sec. 21-414. Parking prohibited at certain times.
(a) It shall be unlawful for any person to park any vehicle, motorized or nonmotorized, on any zoned residential street of the city which is in excess of one (1) ton except when such vehicle is on a service call for hire, or while such vehicle is being loaded or unloaded.
(b) An authorized vehicle shall be any commercial or noncom mercial, motorized or nonmotorized vehicle with a weight not in excess of one (1) ton.
(c) Any vehicle used for construction projects may be parked contrary to the provisions of this section for the duration of the project, if a proper building permit has been issued by the city clerk for such construction.
(d) A vehicle parked in violation of this section may be towed and stored by order of the director of police or his representative, if not removed within thirty (30) minutes after a traffic summons or parking citation has been issued. The owner of the towed vehicle shall be liable for all towing and storage charges, and any person towing and/or storing such vehicle pursuant to this section shall have a lien on such automobile for such charges.
(e) Any person violating any of the provisions of this section shall, upon conviction thereof, be subject to a fine up to five hundred dollars ($500.00) or up to ninety (90) days in jail or both.
(f) The city shall erect signs providing the proper notice of the parking restrictions herein described.
(Code 1980, § 25-320; Ord. No. 742, § 2, 7-1-87; Ord. No. 747, § 1,
9-16-87; Ord. No. 877, §§ 1, 2, 7-6-94)
Secs. 21-415-21-425. Reserved.
DIVISION 3. RESTRICTED, PROHIBITED ON CERTAIN STREETS
Sec. 21-426. Application.
The provisions of this article prohibiting the standing or parking of a vehicle shall apply at all times or at those times herein specified or as indicated on official signs except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic-control device.
(Code 1980, § 25-331)
State law reference-Similar provisions, RSMo 300.520.
Sec. 21-427. Regulations not exclusive.
The provisions of this article imposing a time limit on parking shall not relieve any person from the duty to observe other and more restrictive provisions prohibiting or limiting the stopping, standing or parking of vehicles in specified places or at specified times.
(Code 1980, § 25-332)
State law reference-Similar provisions, RSMo 300.525.
Sec. 21-428. Parking prohibited at all times on certain streets.
When signs are erected giving notice thereof, no person shall park a vehicle at any time upon any of the streets described by ordinance.
(Code 1980, § 25-333)
State lawreference-Similar provisions, RSMo 300.530.
Sec. 21-429. Prohibited during certain hours on certain streets.
When signs are erected in each block giving notice thereof, no person shall stop, stand or park a vehicle between the hours specified by ordinance on any day except Sundays and public holidays within the district or upon any of the streets described by ordinance.
(Code 1980, § 25-334)
Sec. 21-430. Parking signs required.
Whenever by this article or any ordinance of the city any parking time limit is imposed or parking is prohibited on designated streets it shall be the duty of the city traffic engineer to erect appropriate signs giving notice thereof and no such regulations shall be ef• fective unless such signs are erected and in place at the timE: of any alleged offense.
(Code 1980, § 25-335)
State law reference-Similar provisions, RSMo 300.545.
Secs. 21-431-21-440. Reserved.
DIVISION 4. LOADING AND UNLOADING
Sec. 21-441. City traffic engineer to designate curb loading zones.
The city traffic engineer is hereby authorized to determine the location of passenger and freight curb loading zones and shall place and maintain appropriate signs indicating the same and stating the hours during which the provisions of this section are applicable.
(Code 1980, § 25-347)
State law reference-Similar provisions, RSMo 300.485.
Sec. 21-442. Standing in passenger curb loading zone.
No person shall stop, stand or park a vehicle for any purpose or period of time other than for the expeditious loading or unloading of passengers in any place marked as a passenger curb loading zone during hours when the regulations applicable to such curb loading zone are effective, and then only for a period not to exceed three (3) minutes.
(Code 1980, § 25-348)
State law reference-Similar provisions, RSMo 300.495.
Sec. 21-443. Standing in freight curb loading zones.
No person shall stop, stand or park a vehicle for any purpose or length of time other than for the expeditious unloading and de livery or pickup and loading of materials in any place marked as
State law reference-Similar provisions, RSMo 300.540.
a freight curb loading zone during hours when the provisions applicable to such zones are in effect.
(Code 1980, § 25-349)
State law reference-Similar provisions, RSMo 300.500.
Sec. 21-444. Designation of public carrier stops and stands.
The city traffic engineer is hereby authorized and required to establish bus stops, bus stands, taxicab stands and stands for other passenger common carrier motor vehicles on such public streets in such places, in such times, and in such number as he shall determine to be of the greatest benefit and convenience to the public, and every such bus stop, bus stand, taxicab stand or other stand shall be designated by appropriate signs.
(Code 1980, § 25-350)
State law reference-Similar provisions, RSMo 300.505.
Sec. 21-445. Stopping, standing and parking of buses and taxicabs regulated.
(a) The operator of a bus shall not stand or park such vehicle upon any street at any place other than a bus stand so designated as provided herein.
(bl The operator of a bus shall not stop such vehicle upon any street at any place for the purpose of loading or unloading pas sengers or their baggage other than at a bus stop, bus stand or passenger loading zone so designated as provided herein, except in case of an emergency.
(c) The operator of a bus shall enter a bus stop, bus stand or passenger loading zone on a public street in such a manner that the bus when stopped to load or unload passengers or baggage shall be in a position with the right front wheel of such vehicle not further than eighteen (18) inches from the curb and the bus approximately parallel to the curb so as not to unduly impede the movement of other vehicular traffic.
(d) The operator of a taxicab shall not stand or park such ve hicle upon any street at any place other than in a taxicab stand so designated as provided herein. This provision shall not prevent the operator of a taxicab from temporarily stopping for the pur
pose of and while actually engaged in the expeditious loading or unloading of passengers.
(Code 1980, § 25-351)
State law reference-Similar provisions, RSMo 300.510.
Sec. 21-446. Restricted use of bus and taxicab stands.
No person shall stop, stand or park a vehicle other than a bus in a bus stop during the hours that regularly scheduled buses are operating, or other than a taxicab in a taxicab stand when any such stop or stand has been officially designated and appropri ately signed, except that the driver of a passenger vehicle may temporarily stop therein for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere with any bus or taxicab waiting to enter or about to enter such zone.
(Code 1980, § 25-352)
State law reference-Similar provisions, RSMo 300.515.
Secs. 21-447-21-455. Reserved.
DIVISION 5. PARKING METERS
Sec. 21-456. Definitions.
For the purposes of this division, the following words and phrases shall have the meanings respectively ascribed to them:
Parking meter means any mechanical device or meter located at or near the curbline at the end of a parking space with a coin receptacle and so constructed as to register the time a vehicle is parked in such space.
Parking meter zone means such highway or parts of highways within this city where, pursuant to this division or any other ordinance of this city, parking meters are installed, operated, maintained, policed and supervised and where the payment of a fee for the privilege of parking where such meters are in opera tion is fixed and required.
Parking space means the space alongside the curb in which a vehicle shall be properly parked and which shall be indicated clearly by painted lines or otherwise and adjacent to which a
parking meter is installed within four (4) feet of the front line of such space.
(Code 1980, § 25-364)
Cross reference-Definitions and rules of construction generally, § 1-2.
Sec. 21-457. Designation of parking meter zones.
All parking meter zones and parking meter spaces heretofore designated or established by authority of prior ordinances are hereby approved, adopted and continued. The council may by or dinance provide for the establishing of additional parking meter zones and spaces whenever it deems it necessary for the regula tion of traffic or the relief of traffic congestion.
(Code 1980, § 25-365)
Sec. 21-458. Spaces to be marked.
Parking spaces adjacent to the curb shall be designated in the parking meter zones by lines or markings painted upon the curb or street adjacent to each parking meter.
(Code 1980, § 25-366)
Sec. 21-459. Manner of parking.
It shall be unlawful for any person to park any motor vehicle across the lines or markings designating a parking space or to park a vehicle in such a position that it shall not be entirely within the space designated by such lines or markings.
(Code 1980, § 25-367)
Sec. 21-460. Installation.
Parking meters shall be installed within or near the curbline so that there shall be one (1) parking meter for each parking space. Each such meter shall be set to operate upon the deposit therein of appropriate coins of the United States. Each such meter shall be so arranged as to show or display a signal which shall clearly indicate when the time limit for which the fee has been paid in that space has expired.
(Code 1980, § 25-368)
Sec. 21-461. Deposit of proper coins and placing of meter in operation.
No person shall park a vehicle in any parking space upon a street alongside of and next to which a parking meter has been installed during the restricted and regulated time applicable to the parking meter zone in which such meter is located, unless a coin or coins of United States currency of the appropriate denom ination, shall have been deposited therein, or shall have been previously deposited therein, and for which an unexpired interval of time remains, and such meter has been placed in operation. (Code 1980, § 25-369)
Sec. 21-462. Payment of fee required.
It shall be unlawful for any person to park a vehicle in any parking space without depositing in the parking meter the money or coins to pay the fee imposed by this division.
(Code 1980, § 25-370)
Sec. 21-463. Slugs prohibited.
It shall be unlawful to deposit or cause to be deposited in any parking meter any slug device or substitute for any United States coin herein provided for and authorized to be deposited.
(Code 1980, § 25-371)
Sec. 21-464. Presumptive evidence of violation.
The fact that the timing device on any parking meter is not in operation or shows that the time for which the fee is paid has expired and that a vehicle is parked in the parking space adjacent to such meter shall be presumptive evidence that the fee required by this division for the privilege of parking such vehicle in such space has not been deposited in the parking meter.
(Code 1980, § 25-372)
Sec. 21-465. Unlawful parking.
It shall be unlawful for any person to cause, allow, permit or suffer any vehicles registered in his name or operated or con
trolled by him to be upon any street within a parking meter zone
in any parking space adjacent to where a parking meter is in stalled at any time during which the meter is showing a signal indicating that the fee has not been paid.
(Code 1980, § 25-373)
Sec. 21-466. Hours of operation.
The provisions of this division shall be enforced between the hours of 8:00 a.m. and 8:00 p.m., Sundays and legal holidays excepted.
(Code 1980, § 25-374)
Sec. 21-467. Indication of legal parking period.
Parking meters shall be so adjusted as to show legal parking during the period for which payment has been made as provided in this division and to show when the period expires for which payment has been made and that the parking thereafter in such parking space is illegal.
(Code 1980, § 25-375)
Sec. 21-468. Damage, tampering with meters.
It shall be unlawful for any unauthorized person to open or for any person to deface, injure, tamper with or willfully break, de stroy or impair the usefulness of any parking meter installed pursuant to this division or to hitch any animals thereto.
(Code 1980, § 25-376)
Sec. 21-469. Record of violations.
It shall be the duty of the marshal, under the direction of the city council, to keep account of all violations of this division. He shall keep an account of and report the number of each parking meter which indicates that the vehicle occupying the parking space adjacent to such parking meter is or has been parked in violation of any of the provisions of this division, the date and hour of such violations, the make and state license number of such vehicle and any other facts for a thorough understanding of the circumstances attending such violation and he shall also at tach to such vehicle a notice of such violation instructing the
owner or operator of such vehicle to report to the traffic violations bureau.
(Code 1980, § 25-377)
Sec. 21-470. Collection from meters.
It shall be the duty of the mayor to designate some person to make regular collections of the money deposited in parking meters and to deliver the money to the city treasurer. Such person or persons making such collections shall be employees of the city and shall be bonded for the faithful accounting for the money handled by them in such amount as may be fixed by the council. (Code 1980, § 25-378)
Sec. 21-471. Special fund established.
There is hereby established a special fund to be known and designated as “parking meter fund” to which the city treasurer shall credit all moneys paid into and collected from all parking meters and the moneys in such fund shall be used only to defray the cost to the city of purchasing, installing and maintaining such parking meters and of regulating, supervising, operating and po licing the parking meter zones established by the council.
(Code 1980, § 25-379)
Sec. 21-472. Exemption permit.
(a) Authorized. The city clerk shall prepare and sell to every person properly applying for same, upon payment of the sum prescribed in this section, an annual parking meter vehicle ex emption permit.
(b) Application. The city clerk shall not issue a permit under the provisions of this section unless the applicant completes and signs under oath an application containing the following infor mation:
(1) The name, address and telephone number of applicant.
(2) The year for which the permit is desired.
(3) The year, make, color and body style of the vehicle to which the permit will be affixed.
(4) A statement that the applicant is not applying on behalf of any person not named in the application.
(5) A statement that applicant has never been disqualified under the terms of this section from receiving the permit.
(c) Fee. The city clerk shall not issue a permit under this sec tion unless the applicant first pays a fee of sixteen dollars ($16.00), and the fee shall be paid in full regardless of when such permit is issued.
(d) Transfer. Permits issued under the provisions of this sec tion shall be nontransferable.
(e) Display. A permit issued under the provisions of this section shall have no force or effect unless the same is affixed to the inside left side of the windshield of the vehicle for which the same was issued.
(f) Duration. Permits issued under the provisions of this section shall be in effect for a period of thirty (30) days from the date of issue.
(g) Effect. A vehicle on which a permit is issued and properly displayed shall be exempt from any parking meter violations in the city.
(h) Cancellation. In the event that a permit issued under this section is transferred to a nonregistered vehicle in violation of this section, then such permit shall immediately become null and void and the original applicant therefore shall be forever disqual ified from applying for a permit hereunder unless specifically authorized by resolution of the city council.
(Code 1980, §§ 25-386-25-393)
Secs. 21-473-21-495. Reserved.
ARTICLE VIII. PEDESTRIANS
Sec. 21-496. Subject to traffic-control devices.
Pedestrians shall be subject to traffic-control signals as hereto
fore in sections 21-533 and 21-534, but at all other places pedes
trians shall be granted those rights and be subject to the restric tions stated in this article.
(Code 1980, § 25-428)
State law reference-Similar provisions, RSMo 300.370.
Sec. 21-497. Right-of-way in crosswalks.
(a) When traffic-control signals are not in place or not in oper ation the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.
(b) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.
(c) Subsection (a) shall not apply under the conditions stated in subsection (b) of section 21-500.
(Code 1980, § 25-429)
State law reference-Similar provisions, RSMo 300.375.
Sec. 21-498. Use right half of crosswalks.
Pedestrians shall move, whenever practicable, upon the right half of crosswalks.
(Code 1980, § 25-430)
State law reference-Similar provisions, RSMo 300.380.
Sec. 21-499. Crossing at right angles.
No pedestrian shall cross a roadway at any place other than by a route at right angles to the curb or by the shortest route to the opposite curb except in a crosswalk.
(Code 1980, § 25-431)
State law reference-Similar provisions, RSMo 300.385.
Sec. 21-500. When to yield.
(a) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked cross walk at an intersection shall yield the right-of-way to all vehicles upon the roadway.
(b) Any pedestrian crossing a roadway at a point where a pe destrian tunnel or overhead pedestrian crossing has been pro vided shall yield the right-of-way to all vehicles upon the roadway.
(c) The foregoing rules in this section have no application under the conditions stated in section 21-501, when pedestrians are pro hibited from crossing at certain designated places.
(Code 1980, § 25-432)
State law reference-Similar provisions, RSMo 300.390.
Sec. 21-501. Prohibited crossing.
(a) Between adjacent intersections at which traffic-control sig nals are in operation, pedestrians shall not cross at any place except in a crosswalk.
(b) No pedestrian shall cross a roadway other than in a cross walk in any business district.
(c) No pedestrian shall cross a roadway other than in a cross walk upon any street designated by ordinance.
(d) No pedestrian shall cross a roadway intersection diagonally unless authorized by official traffic-control devices; and, when authorized to cross diagonally, pedestrians shall cross only in accordance with the official traffic-control devices pertaining to such crossing movements.
(Code 1980, § 25-433)
State law reference-Similar provisions, RSMo 300.395.
Sec. 21-502. Obedience to bridge, railroad signals.
(a) No pedestrian shall enter or remain upon any bridge or approach thereto beyond the bridge signal, gate or barrier after a bridge operation signal indication has been given.
(b) No pedestrian shall pass through, around, over or under any crossing gate or barrier at a railroad grade crossing or bridge while such gate or barrier is closed or is being opened or closed. (Code 1980, § 25-434)
State law reference-Similar provisions, RSMo 300.400.
Sec. 21-503. Walking along roadways.
(a) Where sidewalks are provided it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway.
(b) Where sidewalks are not provided any pedestrian walking along and upon a highway shall when practicable walk only on the left side of the roadway or its shoulder facing traffic which may approach from the opposite direction.
(Code 1980, § 25-435)
State law reference-Similar provisions, RSMo 300.405.
Sec. 21-504. Drivers to exercise highest degree of care.
Notwithstanding the provisions of this chapter, every driver of a vehicle shall exercise the highest degree of care to avoid col liding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any confused o:r incapacitated person upon a roadway.
(Code 1980, § 25-436)
State law reference-Similar provisions, RSMo 300.410.
Sec. 21-505. Hitchhiking.
It shall be unlawful for any person to stand in or upon any public or private street, boulevard, driveway or roadway in the city and attempt to solicit a ride or conveyance from the operator of any private or commercial motor vehicle at any time. It shall be unlawful for any person to pick up or give a ride in such vehicle upon such unlawful solicitation.
(Code 1980, § 25-437)
Sec. 21-506. Blind pedestrians.
(a) Every unaccompanied blind person traversing afoot the public sidewalks, streets, crosswalks, alleys and other thorough fares of the city shall carry or have in his possession a cane or similar object painted white.
(b) Every blind person, who alone or in the company of other blind persons, traverses the public sidewalks, streets, crosswalks, alleys and other thoroughfares of the city, without having in his
possession a cane or similar object painted white, shall be deemed guilty of a misdemeanor,
(c) The provisions of this section shall not apply to any blind person accompanied by a guide dog or accompanied by a person of usual vision.
(Code 1980, § 25-438)
Secs. 21-507-21-525. Reserved.
ARTICLE IX. TRAFFIC-CONTROL DEVICES
Sec. 21-526. Authority to install.
The city traffic engineer shall place and maintain traffic-control signs, signals and devices when and as required under the traffic ordinances of the city to make effective the provisions of such ordinances, and may place and maintain such additional traffic control devices as he may deem necessary to regulate traffic under the traffic ordinances of the city or under state law or to guide or warn traffic.
(Code 1980, § 25-161)
State Jaw reference-Similar provisions, RSMo 300.130.
Sec. 21-527. Manual and specifications.
All traffic-control signs, signals and devices shall conform to the Manual for Uniform Traffic Control Devices approved by the state highway commission or resolution adopted by the city council. All signs or signals required hereunder for a particular purpose shall so far as practicable be uniform as to type and location throughout the city. All traffic-control devices so erected and not inconsistent with the provisions of this chapter shall be official traffic-control devices.
(Code 1980, § 25-162)
State law reference-Similar provisions, RSMo 300.135.
Sec. 21-528. Obedience.
The driver of any vehicle shall obey the instructions of any official traffic-control device applicable thereto placed in accor
dance with the provisions of this chapter, unless otherwise di rected by a traffic or police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this chapter. (Code 1980, § 25-163)
State law reference-Similar provisions, RSMo 300.140.
Sec. 21-529. When required for enforcement purposes,
No provision of this chapter for which official traffic-control devices are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official device is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular section does not state that official traffic-control devices are required, such section shall be effective even though no devices are erected or in place.
(Code 1980, § 25-164)
State law reference-Similar provisions, RSMo 300.145.
Sec. 21-530. Presumption of legality.
(a) Whenever official traffic-control devices are placed in posi tion approximately conforming to the requirements of this chapter, such devices shall be presumed to have been so placed by the official act or direction of lawful authority, unless the contrary shall be established by competent evidence.
(b) Any official traffic-control device placed pursuant to the provisions of this chapter and purporting to conform to the lawful requirements pertaining to such devices shall be presumed to comply with the requirements of this chapter, unless the contrary shall be established by competent evidence.
(Code 1980, § 25-165)
State law reference-Similar provisions, RSMo 300.150.
Sec. 21-531. Display of unauthorized signs, signals or mark ings.
(a) No person shall place, maintain or display upon or in view of any highway an unauthorized sign, signal, marking or device which purports to be or is an imitation of or resembles an official traffic-control device or railroad sign or signal, or which attempts
to direct the movement of traffic, or which hides from view or interferes with the effectiveness of any official traffic-control de vice or any railroad sign or signal.
(b) This section shall not be deemed to prohibit the erection upon private property adjacent to highways of signs giving useful directional information and of a type that cannot be mistaken for official signs.
(c) Every such prohibited sign, signal or marking is hereby declared to be a public nuisance.
(Code 1980, § 25-166)
State Jaw reference-Similar provisions, RSMo 300.175.
Sec. 21-532. Interference with devices, signs or signals.
No person shall, without lawful authority, attempt to or in fact alter, deface, injure, knock down or remove any official traffic control device or any railroad sign or signal or any inscription, shield or insignia thereon, or any other part thereof.
(Code 1980, § 25-167)
State law reference-Similar provisions, RSMo 300.180.
Sec. 21-533. Traffic-control signal legend.
(a) Whenever traffic is controlled by traffic-control signals ex hibiting different colored lights, or colored lighted arrows, suc cessively one (1) at a time or in combination, only the colors green, red and yellow shall be used, except for special pedestrian signals carrying a word legend, and such lights shall indicate and apply to drivers of vehicles and pedestrians as follows:
(1) Green indication:
a. Vehicular traffic facing a circular green signal may proceed straight through or turn right or left unless a sign at such place prohibits either such turn. But ve hicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an ad jacent crosswalk at the time such signal is exhibited.
b. Vehicular traffic facing a green arrow signal, shown
alone or in combination with another indication, may
cautiously enter the intersection only to make the movement indicated by such arrow, or such other move ment as is permitted by other indications shown at the same time. Such vehicular traffic shall yield the right of-way to pedestrians lawfully within an adjacent cross walk and to other traffic lawfully using the intersec tion.
c. Unless otherwise directed by a pedestrian-control signal as provided in section 21-534, pedestrians facing any green signal, except when the sole green signal is a turn arrow, may proceed across the roadway within any marked or unmarked crosswalk.
(2) Steady yellow indication:
a. Vehicular traffic facing a steady yellow signal is thereby warned that the related green movement is being terminated or that a red indication will be ex hibited immediately thereafter when vehicular traffic shall not enter the intersection.
b. Pedestrians facing a steady yellow signal, unless oth erwise directed by a pedestrian-control signal as pro vided in section 21-534 are thereby advised that there is insufficient time to cross the roadway before a red indication is shown and no pedestrian shall then start to cross the roadway.
(3) Steady red indication:
a. Vehicular traffic facing a steady red signal alone shall stop before entering the crosswalk of the near side of the intersection or, if none, then before entering the intersection and shall remain standing until a green indication is shown.
b. The driver of a vehicle which is stopped as close as practicable at the entrance to the crosswalk on the near side of the intersection or, if none, then at the entrance to the intersection in obedience to a red signal, may cautiously enter the intersection to make a right turn but shall yield the right-of-way to pedestrians and
other traffic proceeding as directed by the signal at the intersection.
1. Provided, however, the city traffic engineer is hereby authorized to determine and designate in tersections where safety conditions require that right turns against a red signal shall be prohib ited, in which event he shall erect and maintain at such intersections a sign giving notice thereof.
2. When signs prohibiting right turns against a red signal are erected and maintained as authorized herein, no person shall make a right turn in vio lation of any such sign.
(b) In the event an official traffic-control signal is erected and maintained at a place other than an intersection, the provisions of this section shall be applicable except as to those provisions which by their nature can have no application. Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of any such sign or marking the stop shall be made at the signal.
(Code 1980, § 25-168)
State law reference-Similar provisions, RSMo 300.155.
Sec. 21-534. Pedestrian-control signals.
Whenever special pedestrian-control signals exhibiting the words “Walk” or “Don’t Walk” are in place such signals shall indicate as follows:
(l) Walk. Pedestrians facing such signal may proceed across the roadway in the direction of the signal and shall be given the right-of-way by the drivers of all vehicles.
(2) Wait or Don’t Walk. No pedestrian shall start to cross the roadway in the direction of such signal, but any pedestrian who has partially completed his crossing on the walk signal shall proceed to a sidewalk or safety zone while the wait signal is showing.
(Code 1980, § 25-169)
State law reference-Similar provisions, RSMo 300.160.
Sec. 21-535. Flashing signals.
(a) Whenever an illuminated flashing red or yellow signal is used in a traffic sign or signal it shall require obedience by ve hicular traffic as follows:
(1) Flashing red (stop signal). When a red lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop before entering the nearest crosswalk at an intersec tion or at a limit line when marked, or if none, then before entering the intersection, and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign.
(2) Flashing yellow (caution signal). When a yellow lens is il luminated with rapid intermittent flashes, drivers of vehi cles may proceed through the intersection or past such signal only with caution.
(b) This section shall not apply at railroad grade crossings. Conduct of drivers of vehicles approaching railroad grade cross ings shall be governed by rules as set forth in section 21-344. (Code 1980, § 25-170)
State law reference-Similar provisions, RSMo 300.165.
Sec. 21-536. Malfunction of traffic signals.
Whenever electric traffic signals are not in operation because of mechanical failure or for any other reason, all vehicular traffic shall come to a complete stop before entering into, or through the intersection.
(Code 1980, § 25-171)
Sec. 21-537. Lane-direction-control signals.
When lane-direction-control signals are placed over the indi vidual lanes of a street or highway, vehicular traffic may travel in any lane over which a green signal is shown, but shall not enter or travel in any lane over which a red signal is shown. (Code 1980, § 25-172)
State law reference-Similar provisions, RSMo 300.170.
Sec. 21-538. Authority to establish play streets.
The city traffic engineer shall have authority to declare any street or part thereof a play street and to place appropriate signs or devices in the roadway indicating and helping to protect the same.
(Code 1980, § 25-173)
State law reference-Similar provisions, RSMo 300.185.
Sec. 21-539. Play streets.
Whenever authorized signs are erected indicating any street or part thereof as a play street, no person shall drive a vehicle upon any such street or portion thereof except drivers of vehicles having business or whose residences are within such closed area, and then such driver shall exercise the greatest care in driving upon any such street or portion thereof.
(Code 1980, § 25-174)
State law reference-Similar provisions, RSMo 300.190.
Sec. 21-540. Crosswalks and safety zones.
The city traffic engineer is hereby authorized:
(1) To designate and maintain, by appropriate devices, marks or lines upon the surface of the roadway, crosswalks at intersections where in his opinion there is particular danger to pedestrians crossing the roadway, and at such other places as he may deem necessary.
(2) To establish safety zones of such kind and character and at such places as he may deem necessary for the protection of pedestrians.
(Code 1980, § 25-175)
State law reference-Similar provisions, RSMo 300.195.
Sec. 21-541. Driving through safety zone prohibited.
No vehicle shall at any time be driven through or within a safety zone.
(Code 1980, § 25-176)
State law reference-Similar provisions, RSMo 300.365.
Sec. 21-542. Traffic lanes.
(a) The city traffic engineer is hereby authorized to mark traffic lanes upon the roadway of any street or highway where a regular alignment of traffic is necessary.
(b) Where such traffic lanes have been marked, it shall be unlawful for the operator of any vehicle to fail or refuse to keep such vehicle within the boundaries of any such lane except when lawfully passing another vehicle or preparatory to making a lawful turning movement.
(Code 1980, § 25-177)
State law reference—Similar provisions, RSMo 300.200.
Sec. 21-543. Designation of school zones.
The city traffic engineer is hereby authorized to determine all school zones and to place and maintain appropriate signs indi- cating the same.
(Code 1980, § 25-178)
Sec. 21-544. Commercial vehicles prohibited from using certain streets.
(a) The term “commercial vehicle,” as used in this section, shall include all motor vehicles of every description which are used or designed for use for the transportation of gasoline, flammable or explosive liquids, having a total tank capacity or load capacity of more than six hundred (600) gallons, and shall also include all motor vehicles of every description which shall have a greater actual load capacity, as distinguished from rated capacity, in excess of four (4) tons. This section shall be applicable to all such motor vehicles at all times, whether the same be loaded or empty.
(b) An ordinance may describe and signs may be erected giving notice thereof, of those streets or parts of streets on which commercial vehicles shall be operated.
(c) No commercial vehicle covered by this section shall travel or be upon any street, boulevard, or public thoroughfare within the city limits, except upon such portions of streets and thorough- fares as are within designated routes set forth in ordinances of
the city, except for the purpose of making delivery, receiving a load, servicing or repair, or storage, and in those events such commercial vehicle shall remain upon such nearest designated route, until it shall reach a point upon such route which is nearest in point of distance to the place of delivery, loading, servicing or repair, or storage, and shall then depart for loading, servicing or repair or storage, and upon completion, shall return to the same designated route by the same method. Nothing herein contained shall authorize any commercial vehicle to use any street, boule- vard or public thoroughfare which is prohibited by any other ordinance of the city.
(Code 1980, § 25-179)
State law reference—Similar provisions, RSMo 300.550.
Sec. 21-545. Certain commercial vehicles prohibited on certain streets—Exceptions.
(a) No commercial motor vehicle, except when required to do so for the purpose of collecting goods or articles in the immediate vicinity, shall be permitted at any time to drive over, along or upon Sutter Avenue, from Bartmer Avenue to Julian Avenue.
(b) As used in this section 21-545, “commercial motor vehicle” shall mean a motor vehicle designed or used to transport passen- gers or property if the vehicle has a gross combination weight rating of twenty-six thousand one (26,001) or more pounds inclusive of a towed unit which has a gross vehicle weight rating of ten thousand, one (10,001) pounds or more.
(Ord. No. 1020, § 1, 5-21-03)
VEHICLES FOR HIRE*
Art. I. In General,§§ 22-1-22-25
Art. II. Taxicabs, §§ 22-26-22-85
Div. 1. Generally, §§ 22-26-22-40
Div. 2. Business License, §§ 22-41-22-60
Div. 3. Operating Requirements, §§ 22-61-22-85
Art. III. Wreckers, §§ 22-86-22-113
Div. 1. Generally, §§ 22-86-22-100
Div. 2. License, §§ 22-101-22-113
ARTICLE I. IN GENERAL
Secs. 22·1-22-25. Reserved.
ARTICLE II. TAXICABS
DIVISION I. GENERALLY
Sec. 22-26. Definition.
As used in this article, the word “taxicab” shall mean and include any motor vehicle engaged in the business of carrying persons for hire on the streets of the city, whether the same is operated from a street, stand or garage, where no regular or spe cific route is traveled but passengers are taken to and from such places as they may designate; whether the charge therefor is made on the basis of distance traveled as indicated by a taximeter or speedometer attached thereto, or by any other method of de termining distance, such as by zoning system or otherwise, or the time consumed in traveling, or on any other basis whatever. This definition shall not include any motor vehicle used as a sight seeing car, a “sight-seeing car” being defined as a motor vehicle
•Cross references-Licenses and taxation, Ch. 13; streets and sidewalks, Ch.
20; conduct on motor buses restricted, § 21-10.
State law reference-Authority to regulate vehicles for hire, RSMo 94.110.
having a seating capacity in excess of ten (10) persons and which is used for the purpose of conveying passengers on sight-seeing tours as the term is generally understood, and where the basis for charge is the time or circuit route traveled by such cars in regular trips; nor shall it include “service cars” or “buses,” as those terms are generally understood.
(Code 1980, § 24-1)
Cross reference-Definitions and rules of construction generally, § 1-2.
Sec. 22-27. Requirements additional to other laws.
The license tax herein required shall be a tax in the business of conveying passengers over and upon the streets by means of taxi cabs, and nothing herein shall be construed as to exempt the owners from paying any other tax imposed by the city for doing business, or any registry tax which the city may levy on motor vehicles or automobiles, or the tax which the city levies on motor vehicles or automobiles as personal property; nor shall anything in this article be so considered as to exempt the owner or driver of a vehicle from the qualifications which the city or the state may require of persons who operate motor vehicles or automobiles. (Code 1980, § 24-2)
Sec. 22-28. Vehicle inspection.
The chief of police shall maintain constant vigilance over all taxicabs, and shall inspect all such vehicles to ascertain that they are in a thoroughly safe condition for the transportation of pas sengers, and are clean, fit of good appearance, well painted and varnished. Such inspection shall be made annually before the issuance of any license therefor and shall be made thereafter from time to time, or at the complaint of any person, as often as may be necessary to ascertain that such taxicabs are kept in a condition of continued fitness for public use; and he may forbid the use of any vehicle by the owner thereof found to be unfit or unsuited for public patronage. He shall also examine the taximeter, speedom eter or any other measuring device attached to any taxicab and see that the same is at all times accurate.
(Code 1980, § 24-3)
Sec. 22-29. Withdrawing vehicles; discontinuing business.
The provisions of this article shall apply to any licensee who desires to increase the number of taxicabs to be operated, and no person who has been licensed to operate taxicabs may discontinue any or all of them without first filing with the city clerk a state- ment verified by affidavit of the number of vehicles he desires to discontinue operating and the reasons therefor. The withdrawal of any vehicle from operation for the purpose of conditioning, overhauling or repairing the same shall not be considered discon tinued operation under this section. Upon complete abandonment of taxicab service for a period of thirty (30) days by any owner or operator of taxicabs, the council may recall or revoke the license issued to such owner or operator.
(Code 1980, § 24-4)
Sec. 22-30. Penalty for violation.
Any person who shall violate any part of this article shall, upon conviction thereof, be guilty of a misdemeanor and shall, upon conviction, be subject to punishment as provided in section 1-9 of this Code.
(Code 1980, § 24-5)
Secs. 22-31-22-40. Reserved.
DMSION 2. BUSINESS LICENSE
Sec. 22-41. Required.
No person shall engage in the business of operating a taxicab upon the streets of the city without first obtaining a license to do so. Such license shall be issued by the city clerk after the appli cation therefor has been approved and the requisite fee paid, as herein prescribed, and after all other provisions of this article pertaining to the obtaining or issuing of such licenses have been complied with.
(Code 1980, § 24-16)
Sec. 22-42. Application.
Application for a license to engage in the business of operating a taxicab shall be filed with the city clerk and referred to the council for consideration and action. The application shall be in writing, certified by the affidavit of the applicant; or, if the ap plicant is a corporation or a partnership, by its duly authorized officer or agent; and shall state the following facts:
(1) The full name and address of the applicant; if a partner ship, the names and addresses of all the partners; if a cor poration, the names and addresses of all the officers and directors thereof.
(2) The name and address of the owners of the vehicles pro posed to be operated.
(3) A statement of the previous experience the applicant has had; or if the applicant is a partnership, the partners thereof have had; or, if the applicant is a corporation, the officers and directors have had, in the taxicab business.
(4) The number of taxicabs the applicant desires to operate within the city.
(5) The seating capacity of each vehicle proposed to be used as a taxicab according to the manufacturer’s rating, which must not be less than three (3) in the tonneau thereof.
(6) The type of vehicle to be used, horsepower, name of man ufacturer, the length of time such vehicle has been in use, the insurance proposed to be carried, the amount of same and the name of the company issuing the policy.
(7) The color scheme of the taxicabs proposed to be used. (Code 1980, § 24-17)
Sec. 22-43. Vehicle inspection certificate to accompany.
The application for a license required by this division shall be accompanied by a certificate of inspection from the chief of police, who shall inspect all taxicabs as herein provided; such certificate, however, shall not be necessary in case the vehicles proposed to
be operated as taxicabs are new and have not been in use there tofore.
(Code 1980, § 24-18)
Sec. 22-44. Consideration by council.
The city council shall have power to approve any application and order a license issued or refuse to do so, as it may deem proper. In determining whether such application shall be ap proved and the license issued, the council shall take into consid eration whether the demands of the public require such proposed or additional taxicab service within the city; the financial respon sibility of the applicant; the number, kind and type of equipment, the color scheme proposed to be used, the increased traffic con gestion; the demand for increased parking space upon the streets of the city which may result; whether the safe use of the streets by the public, both vehicular and pedestrian, will be preserved by the granting of such license; and such other relevant facts as the council may deem advisable or necessary.
(Code 1980, § 24-19)
Sec. 22-45. Issuance or denial.
If the council shall approve the application and authorize the issuance of the license applied for, the city clerk shall, after pay ment by the applicant of the fee prescribed therefor, issue such license and deliver the same to the applicant. If the council shall refuse to approve the application, the clerk shall make a memo randum to that effect thereupon and notify the applicant that his application has been disapproved.
(Code 1980, § 24-20)
Sec. 22-46. Fees; expiration date.
(a) Before a license required by this division shall be issued, the applicant shall pay to the clerk the sum of twenty-five dollars ($25.00) as an annual license tax for each taxicab to be operated for the conveyance of passengers upon, along or over the streets.
(b) Each license shall expire on the thirtieth day of June after the date of its issuance with the provision that when any license is issued after the first day of January of any year the fee for the
remaining portion of the year shall be seven dollars and fifty cents ($7.50). All such licenses may be thereafter renewed annu ally upon the first day of July of each year upon payment of the required fee.
(Code 1980, § 24-21)
Sec. 22-47. Identification of and identity with vehicle.
The license issued under this division shall state the motor number and serial number of the motor vehicle, shall be kept with the vehicle at all times, and shall not be used on any other car.
(Code 1980, § 24-22)
Sec. 22-48. Revocation.
The city council may at any time revoke any license granted under this division, after first having granted the owner or oper ator of such taxicab a hearing on the question of whether such license should be revoked. Upon revocation of any license, no portion of the license fee shall be refunded.
(Code 1980, § 24-23)
Sec. 22-49. Insurance-Amounts;financial responsibility in lieu of.
Every applicant for a license to operate a taxicab, and the owner of the taxicab, in addition to the requirements herein mentioned, shall maintain and carry for each taxicab licensed to be operated liability insurance in the sum of fifty thousand dollars ($50,000.00) for any one (1) person, and the sum of one hundred thousand dollars ($100,000.00) for any two (2) or more persons who may be injured in any one (1) accident, and fifty thousand dollars ($50,000.00) for any property damage, at any time by reason of the negligence or carelessness of the driver or operator of such taxicab. Such insurance shall be carried in a firm or corporation which has been duly licensed or permitted to carry on such busi ness in the state, and shall be kept and maintained continually in force and effect so long as such applicant and owner of such taxicab shall be licensed to operate the same on the streets of this city; provided, any taxicab operator making an application under the
provisions of this article who shall furnish to the council annu ally, and at such other times as may be required, satisfactory proof and evidence of such taxicab operator’s financial ability to properly protect the interest of the public and pay compensation for injuries to persons and loss or damage to property on account or arising out of negligent operation of such taxicabs, shall not be required to furnish liability insurance as herein set forth.
(Code 1980, § 24-24)
Sec. 22-50. Same-Cancellation; lapse.
It shall be unlawful for any person to operate or drive, or cause to be operated or driven, any taxicab along or upon any public street, highway or other public place in the city, unless the policy of insurance required by this article for such taxicab shall have been filed with the clerk, and be in full force and effect. If any policy of insurance or bond required by this article and covering any or all of the taxicabs authorized to be operated under a li cense is canceled or for any reason, including the expiration of its terms, permitted to lapse, and the holder of such license fails to replace same immediately with another policy of insurance fully complying with the provisions of this article, such taxicab license shall be ipso facto suspended.
(Code 1980, § 24-25)
Secs. 22-51-22-60. Reserved.
DIVISION 3. OPERATING REQUIREMENTS
Sec. 22-61. Driver qualifications.
No person shall drive a taxicab licensed under the provisions of this article who is not a duly licensed chauffeur as required by the laws of the state and who has not submitted his chauffeur’s li cense and given his fingerprints to the police department. Each person, before so operating a taxicab, shall be fingerprinted and shall submit to the chief of police for inspection his chauffeur’s license and shall have such chauffeur’s license at all times avaiI able for the inspection and examination by the chief of police or any police officer upon demand.
(Code 1980, § 24-36)
Sec. 22-62. Accident reports-Required; contents.
Every licensee under this article shall, on or before the fifth day of each month, file with the city clerk a report showing the number of accidents in which any taxicab owned or operated by him was involved during the preceding month; the nature of the damage, if any, to person or property resulting therefrom; the names and addresses of all persons claiming damage arising from any taxicab accident and the amount so claimed, and the amount, if any, paid during the preceding month in settlement of such claims, in cluding those in suit; also a list of all pending suits on claims arising out of accidents, with amounts sued for and the status of such suits.
(Code 1980, § 24-37)
Sec. 22-63. Same-Failure to file; falsifying.
The failure to file accident reports within the time herein pro vided, or the filing or causing or intentionally permitting the filing of a false report, shall be a violation of this chapter and shall also be grounds for forfeiting the principal’s license.
(Code 1980, § 24-38)
Sec. 22-64. Restrictions on use; maximum number of pas sengers.
While a taxicab is on a public street or place, passengers shall be solicited by no other means than by having a printed sign on the vehicle stating that the same is for hire and the rate of fare; nor shall any driver or chauffeur of any such vehicle seek em ployment by repeatedly and persistently driving his taxicab in and about a short space; but such driver or chauffeur, in addition to the sign on such vehicle as herein provided, may solicit em ployment by driving through any public street or place without stops other than those due to obstruction of traffic thereon, or to temporary traffic signals or rules, may pass and repass before any theater, hall, hotel, restaurant, place of amusement or public re sort, provided, after passing any such place he shall not repass the same until he shall have gone a distance of at least four (4)
blocks. Five (5) passengers shall constitute the maximum allow able load to be carried in a taxicab at one (1) time.
(Code 1980, § 24-47)
Sec. 22-65. Stands.
(a) Use required while waiting. The city council shall designate such stands or stopping places for taxicabs as it may determine, taking into consideration the public need and the facilities and qualifications of applicants for such stands. No taxicab while waiting for time to depart shall stop or stand on any public street or place except at such place as shall be designated by the council.
(b) Application for stand allocation. Before any stand or stop ping place for taxicabs shall be designated by the council, written application for such allocation shall be filed with the city clerk and referred to the chief of police. The application shall be in writing, verified by the affidavit of the applicant, or if the appli cant is a corporation or a partnership, by its duly authorized officer or agent, and shall state the following facts:
(1) The full name and address of the applicant; if a partner ship, the names and addresses of all the partners; if a cor poration, the names and addresses of all the officers and directors thereof.
(2) The name and address of the owners of the vehicles pro posed to be operated.
(3) The number of spaces the applicant desires to have allo cated.
(c) Annual fee. Before any space for a taxi stand is allocated by the council, the applicant shall pay to the city clerk the sum of one hundred dollars ($100.00) as an annual fee for the privilege of using exclusively each space allocated. Such fee shall be due and payable on the first day of July of each year, or for any portion of any year for which an allocation is made.
(Code 1980, §§ 24-44-24-46)
Secs. 22-66-22-85. Reserved.
ARTICLE III. WRECKERS
DIVISION 1. GENERALLY
Sec. 22-86. Definitions.
For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them:
Cruising means operating a tow truck on a public highway at a slow rate of speed or in any other fashion for the purpose of so liciting business along the highway.
Municipality means a city, town or village which has been duly incorporated in accordance with state law as a unit of local gov ernment, including the City of St. Louis.
Owner means any person who holds legal title to a vehicle or one who has the legal right to possession thereof.
Short wave receiver means a radio receiver which is capable of operating on a frequency assigned by the federal communications commission for fire, police, municipal or other governmental use.
Soliciting means requesting or attempting to sway an owner, his lawful agent or representative to give permission to a tow truck to remove, repair or store a vehicle for monetary consider ation, without a previous request from the owner, his lawful agent or representative.
Tow truck means a mechanically propelled vehicle equipped with a device used to hoist and tow, transport, convey or move other vehicles from place to place upon authorization of the owner, his lawful agent or representative.
Vehicle means every device, whether mechanically propelled or drawn, in or by which any person or property is or may be moved upon a public highway, except devices moved only by human or animal power or a device which works exclusively upon sta tionary rails or tracks, and shall include trailers and semitrailers. (Code 1980, § 7-1)
Cross reference-Definitions and rules of construction generally, § 1-2.
VEHICLES FOR HIRE § 22-87
Sec. 22-87. Schedule of prices; forms.
(a) The owner of a tow truck shall prepare and file in triplicate with the city clerk a schedule of prices to be charged for the towing and storage of vehicles. Such schedule may be based on time, mileage or a combination of both. In addition such schedule may include the minimum charge for any undertaking involving towing and storage. One (1) copy of such schedule shall be re tained by the city clerk, one (1) copy shall be returned to the applicant upon the issuance of a license and one (1) copy shall be forwarded to the director of police.
(b) Prior to the undertaking of a tow, the licensee or his ag:ent shall present such schedule to the customer, when applicable, for his examination. Such schedule shall be on a special printed form approved by the city clerk which shall serve not only to advise a customer of the basis of charges under which the towing is to be done, but also as an authority for the commencement of the tow as a work order. This printed form shall be in duplicate and the customer shall sign in a space provided below a boldface printed statement declaring “I have examined the schedule of price and I hereby authorize the towing of my vehicle.” A licensee or his agent or employee shall give one (1) copy to the customer and shall retain the original for his files.
(c) The original statement shall be retained by the licensee for a period of one (1) year and shall be exhibited by him upon de mand to the city clerk.
(d) It shall be unlawful for the licensee or his agent to charge a sum in excess of that authorized by the schedule filed with the city clerk.
(e) The form used by the licensee as hereinbefore mentioned shall, in addition to the information contained in paragraph (b) of this section, contain the following:
(1) The full name and address of the licensee.
(2) The full name and address of the driver of the tow truck.
(3) The full name and address of the person engaging the tow truck.
§ 22-87 WELLSTON CODE
(4) The state license plate number or the state vehicle identi fication number of the vehicle to be towed.
(5) The state license plate number of the tow truck.
(6) The number of the license issued by the city to the tow truck, pursuant to this article.
(7) Any other information required by the city clerk. (Code 1980, § 7-2)
Sec. 22-88. Statement required.
(a) All persons operating a tow truck or their agents, when operating such tow truck shall keep in their possession a pad of printed statements containing his name and the address of his place of business, and after towing a vehicle shall prepare one (1) of such printed statements in duplicate and furnish the original to the owner of the vehicle or to his authorized representative.
(b) The statement shall contain the following information:
(1) The full name and address of the licensee and the number of the license issued to the tow truck pursuant to this ar ticle.
(2) The full name and address of the person driving the tow truck.
(3) The full name and address of the person engaging the tow truck.
(4) The state license number or the state vehicle identification number of the vehicle.
(5) The total amount to be charged for towing to include the number of miles towed and the storage rate per day or price thereof.
(6) A duplicate of each statement shall be retained by the lic ensee for a period of one (1) year and shall be exhibited by him upon demand by the city clerk.
(Code 1980, § 7-3)
1470
VEHICLES FOR HIRE § 22-101
Sec. 22-89. Miscellaneous regulations.
(a) No driver of a tow truck shall engage in cruising.
(b) No driver of a tow truck shall invite or permit loitering within or near his tow truck.
(c) No driver of a tow truck shall seek employment by repeat edly driving his vehicle to and from in a short space on any highway or otherwise interfering with the proper and orderly progress of traffic along a public highway.
(d) No driver of a tow truck shall solicit or attempt to divert prospective patrons of another tow truck.
(e) No driver of a tow truck shall solicit or divert prospective patrons at a given garage in the city to any other garage.
(D No driver of a tow truck shall solicit, demand or receive from any person, any pay, or commission or emolument whatever ex cept the proper fare for the transporting of the vehicle in accor dance with the schedule of charges defined in section 22-87.
(g) All licensees shall promptly report all changes of address to the city clerk.
(h) A driver of a tow truck shall not remove a vehicle involved in an accident in which a person has been killed or seriously injured unless such vehicle has been released by a duly autho rized member of the city’s police department.
(i) No person or agent of such person holding a license pur suant to this article shall use or have in his possession a short wave receiver while engaged in the business of towing, except those persons under written contract with the city or its police department for towing services.
(Code 1980, § 7-4)
Secs. 22-90-22-100. Reserved.
DIVISION 2. LICENSE
Sec. 22-101. Required.
It shall be unlawful for any person to operate a tow truck within the city unless that person shall first obtain a license from the
§ 22-101 WELLSTON CODE
city clerk for such tow truck, or unless such person shall be ex empt by reason of one (1) or more of the exemptions enumerated herein.
(Code 1980, § 7-16)
Sec. 22-102. Application.
The application for a license required by the provisions of this division shall be made on a form furnished by the city clerk. Such application shall contain the following:
(1) Name and address of the applicant; if a natural person; the date and place of birth, and state operator’s license number.
(2) If a corporation, the state under which incorporated, the date of incorporation, the address of the principal office, and the names and addresses of its officers.
(3) If any other type of organization, the name thereof, the location of its office, and the names and addresses of the principal officers, director, trustees, or managing officials or partners.
(4) The place from which the tow truck will operate and the number of said vehicles to be operated.
(5) A description of each tow truck giving also the serial and motor number.
(6) There shall be annexed to the application an affidavit to be sworn to by the applicant.
(Code 1980, § 7-17)
Sec. 22-103. Fee.
The fee for a license required by the provisions of this division shall be as provided in section 13-201.
(Code 1980, § 7-18)
Sec. 22-104. Insurance required.
No license to operate a tow truck shall be issued until and unless the applicant shall first obtain a policy of insurance from a company authorized to do business in the state or a bond of
VEHICLES FOR HIRE § 22-106
indemnity, acceptable to the city clerk, with limits for bodily injury liability of at least twenty-five thousand dollars ($25,000.00) for each person, fifty thousand do11ars ($50,000.00) for each acci dent and property damage liability of twenty-five thousand dol lars ($25,000.00) for each accident.
(Code 1980, § 7-19)
Sec. 22-105. Investigation.
Each application for a tow truck license shall be referred by the city clerk to the director of police, who shall investigate the char acter and fitness of the proposed applicant as well as any other persons listed as having an interest in the proposed license. 1’he director of police shall within sixty (60) days file written reports concerning the applicant with the city clerk, and further con taining the director’s recommendation for issuance or denial of the license.
(Code 1980, § 7-20)
Sec. 22-106. Grounds for denial.
(a) The city clerk may deny the issuance of a license required by this division if he finds one (1) or more of the following:
(1) Intentional misstatements or misleading statements of fact in the application.
(2) Any party interested in the proposed operation of a tow truck in the city has:
a. Been convicted of any violation of any statute, law or ordinance involving theft, possession of stolen prop erty; or
b. Previously had a business license suspended or re- voked.
Provided, however, that if the city clerk shall find the con duct of such party subsequent to such conviction, suspen sion or revocation has been such as to indicate fitness to operate a tow truck and that permitting such applicant to conduct such an operation would not be contrary to the
public interest, he may issue the license,
§ 22-106 WELLSTON CODE
(3) Failure to pay the required application fee.
(b) The city clerk’s determination of nonissuance or denial of the license may be appealed under the provisions of RSMo 536.150. (Code 1980, § 7-21)
Sec. 22-107. Notice to applicant.
(a) Each applicant for a license required by the provisions of this division shall be notified by mail or by hand delivery of the issuance or nonissuance of such license by the city clerk.
(b) If the city clerk does not issue a license the reasons for his not doing so shall be in writing and shall accompany the notice of nonissuance.
(Code 1980, § 7-22)
Sec. 22-108. Display.
Any license issued under the provisions of this division shall be affixed to the lower left corner of the windshield of the tow truck for which the license was obtained.
(Code 1980, § 7-23)
Sec. 22-109. Duration.
Every license issued under the provisions of this division shall be valid for a period of one (1) year from the date of issuance. (Code 1980, § 7-24)
Sec. 22-110. Renewal procedure.
(a) Within thirty (30) days of the expiration of the license is sued under the provisions of this division a licensee may apply to the city clerk for a renewal thereof.
(b) The licensee shall indicate any changes from the informa tion furnished to the city clerk at the time of the original appli cation.
(c) An application for renewal shall be accompanied by a re newal application fee of fifty dollars ($50.00), no part of which shall be returnable.
VEHICLES FOR HIRE § 2 !-113
(d) The city clerk shall renew such license if he shall find that such operation shall have been conducted in accordance with all applicable laws and ordinances.
(e) If the city clerk does not renew such license, the procedures set forth in section 22-113(b) shall be followed.
(Code 1980, § 7-25; Ord. No. 759, § 2, 5-4-88)
Sec. 22-111. Transfer.
No license issued under the provisions of this division shall be transferred from one (1) owner to another, but an owner may transfer the license of one (1) tow truck to another tow truck. Such transfer shall only be made on approval of the city clerk after written request was made to him on forms provided by him for that purpose.
(Code 1980, § 7-26)
Sec. 22-112. Vehicle identification.
On each side of a tow truck licensed under the provisions of this division, there shall be legibly printed in letters not less than two
(2) inches in height the following:
(1) The name and address of the licensee and the license number assigned to him by the city clerk.
(2) The phrase “Licensed tow vehicle of the City of Wellston, Missouri.”
(3) The phrase “Request schedule of prices before engaging this vehicle.”
(Code 1980, § 7-27)
Sec. 22-113. Suspension or revocation; procedure.
(a) The city council may suspend for a period up to ninety (90) days or revoke a license issued under the provisions of this divi sion if it finds one (1) or more of the following:
(1) Intentional misstatements or misleading statements offact in the application not discovered until after the issuance of such license.
§ 22-113 WELLSTON CODE
(2) Violation of any statutes or ordinances pertaining to theft, possession of stolen property, or interstate transportation of stolen vehicles.
(b) In the event that the city council revokes such license, the licensee shall be entitled to a hearing before the city council upon notice duly given ten (10) days prior to the date of such hearing. The decision of the city council and the reasons therefor shall be sent by certified mail or hand delivered to the licensee.
(Code 1980, § 7-28)
[The next page is 1777]
ZONING*
Sec. 1. Enactment, Short Title, Jurisdiction, Purpose, 1-1—1-4
Sec. 2. Definitions, 2-1—2-58
Sec. 3. General Provisions, 3-1—3-11
Sec. 4. Zoning Districts, 4-1—4-6
Sec. 5. Exceptions and Modifications, 5-1—5-5
Sec. 6. Off-Street Parking and Loading Requirements, 6-1—6-4
Sec. 7. Signs, 7-1, 7-2
Sec. 8. Nonconforming Uses, 8-1—8-5
Sec. 9. Administration and Enforcement, 9-1—9-6
Sec. 9.5. Special Permits, 9.5-1—9.5-3
Sec. 10. Board of Adjustment, 10-1—10-4
Sec. 10.5. Zoning Commission, 10.5-1—10.5-6
Sec. 11. Amendment, 11-1, 11-2
Sec. 12. Remedies and Penalties, 12-1, 12-2
Sec. 13. Conflict with Other Laws
Sec. 14. Separability
Sec. 15. Effective Date
Sec. 16. Special Use Permits, 16-1—16-12
ORDINANCE NO. 564
An Ordinance Regulating Within the City of Wellston the Location, Height, Bulk, Number of Stories and Size of Buildings and Other Structures; the Sizes of Yards, Courts, and Other Open Spaces; the Density and Distribution of Populations; and the Uses of Buildings, Structures, and Land for Trade, Industry, Residence, Recreation, Conservation, Water Supply, Sanitation, Protection Against Floods, Public Activities, and Other Pur- poses; Creating Zoning Districts and Establishing the Bound- aries Thereof; Defining Certain Terms Used Herein; Providing
*Editor’s note—Appendix A is derived from §§ 1—15 of Ord. No. 564, adopted, approved and effective Oct. 15, 1980. Except for minor stylistic changes, the ordinance is set out as adopted, with its numbering system retained. Amendatory ordinances have been included and are identified by a history note following the amended subsection. Absence of such a history note indicates the section or subsection is derived from Ord. No. 564.
Cross references—Department of public works, § 2-81 et seq.; department of public health and welfare, § 2-106 et seq.; civil defense, Ch. 6; flood damage prevention, Ch. 9; housing, Ch. 11; mobile homes and similar structures, Ch. 14; nuisances, Ch. 15; streets and sidewalks, Ch. 20.
for the Method of Administration and Amendment; Defining the Powers and Duties of the Board of Adjustment; Providing Penalties for Violations; Repealing Conflicting Ordinances; and for Other Purposes.
SECTION 1. ENACTMENT, SHORT TITLE, JURISDICTION, PURPOSE
1-1. Enactment clause.
The City Council of the City of Wellston, pursuant to the provisions of State Enabling Legislation and the Amendments thereto, do ordain and enact into law the following sections.
1-2. Short title.
These regulations shall be known and may be cited as the “Zoning Ordinance of the City of Wellston.”
1-3. Jurisdiction.
These regulations shall govern the use of all land and the developments thereof within the incorporated areas of the City of Wellston.
1-4. Purpose.
The purpose of these regulations shall be to encourage such distribution of population and such classification of land use and such distribution of land development and utilization, and such standards for land development, as will lessen and prevent congestion in the streets; help secure safety from fire, panic, and other dangers; promote the health and general welfare of the citizens of Wellston; provide adequate light and air; prevent the overcrowding of land; avoid undue concentration of population; prevent urban sprawl; facilitate the adequate provision of trans- portation, water, sewerage, schools, parks, police, and fire protec- tion, and other public requirements; promote desirable living conditions and the sustained stability of neighborhoods; protect property against blight and deterioration; secure economy in governmental expenditures; conserve the value of buildings and land;
encourage the most appropriate use of land, buildings, and other structures; and for other purposes.
SECTION 2. DEFINITIONS
For the purposes of these regulations certain words or terms used herein shall be defined as follows [in this section.]
2-1. Interpretation of certain terms and words.
(a) Words used in the singular number include the plural, and words used in the plural include the singular.
(b) Words used in the present tense include the future tense.
(c) The word “person” includes a firm, partnership or corpora- tion.
(d) The word “lot” includes the word “plot” or “parcel.”
(e) The word “building” includes the word “structures.”
(f) The word “shall” is always mandatory and not merely dis cretionary.
(g) The word “used” or “occupied” as applied to any land or building shall be construed to include the words “intended, ar ranged or designed to be used or occupied.”
2-2. Abandon.
To discontinue a use for more than one hundred eighty (180) consecutive days.
2-3. Alteration, building.
Any changes in the supporting members of a building such as walls, columns, girders, except such change as may be required for its safety; any addition to a building; any change in use from that of one zoning classification to another; or any moving of a building from one site to another.
2-4. Animal boarding place.
One (1) or more buildings and/or lots designed or arranged for the boarding, breeding or care of dogs, cats, and other animals for other than agricultural purposes, but not including stables.
2-5. Automobile service station.
A building or lot having pumps and storage tanks at which fuels, oils or accessories for the use of motor vehicles are dis pensed, sold or offered for sale at retail and where repair service is incidental.
2-6. Automobile repair and service station.
A building, lot or both, in or upon which the business of general motor vehicle repair and service is conducted, but excluding a junk and/or auto wrecking business.
2-7. Boarding or rooming house.
A dwelling in which meals or lodging, or both, are furnished for compensation to more than three (3) and less than ten (10) non transient persons.
2-8. Building.
Any structure, except a trailer, which has a roof and which is designed for the shelter, support or enclosure of persons, animals or property of any kind.
2-9. Building, accessory.
A temporary building established in connection with a construc tion project or real estate development which does not include facilities for sleeping or cooking. A building on the same lot as a principal use in which is conducted a use which is customarily incidental and subordinate to such principal use.
2-10. Building, principal.
A building housing the principal use or uses on a lot.
2-11. Care home.
A rest home, nursing home, convalescent home, boarding home for the aged, or similar use established to render domiciliary care for chronic or convalescent patients, but not including facilities for the care of feeble-minded or mental patients, epileptics, alco holics, senile psychotics or drug addicts.
2-12. Dwelling.
A building or portion thereof arranged or designed to provide living facilities for one (1) or more families.
2-13. Dwelling unit.
One (1) or more rooms designed as a unit to provide complete housekeeping facilities for one (1) or more persons living as a single housekeeping unit or family.
2-14. Dwelling, single-family.
A dwelling containing one (1) dwelling unit only.
2-15. Dwelling, two-family.
A dwelling containing two (2) dwelling units only.
2-16. Dwelling, multifamily.
A dwelling containing three (3) or more dwelling units.
2-17. Family.
One (1) or more persons living together as a single house keeping unit in a dwelling unit.
2-18. Floor area, gross.
The total number of square feet of floor area in a building determined by horizontal measurements between the exterior faces of walls, including basement area used for storage of goods, equip ment and vehicles.
2-19. Height of building.
The vertical distance measured from the mean finished ground level adjoining the building to the highest point of the roof.
2-20. Home occupation.
An occupation customarily carried on within a dwelling unit for gain or support involving the sale of only those articles, prod ucts or services produced on the premises; conducted entirely within a dwelling unit; and conducted entirely by members of the immediate family residing in the dwelling unit with equipment customarily found and used in the home for household purposes, and may include the boarding of not more than two (2) nontran sient guests.
2-21. Hospital.
Any institution receiving in-patients, or a public institution receiving out-patients, and authorized under Missouri law to render medical, surgical and/or obstetrical care. The term “hospital” shall include a sanitarium for the treatment and care of feeble-minded and mental patients, epileptics, alcoholics, se nile psychotics or drug addicts but shall not include office facili ties for the private practice of medicine or dentistry.
2-22. Hotel.
A building containing individual guest rooms or suites ofrooms, in which lodging, with or without meals, is provided and offered to the public for compensation, and which is open primarily to transient guests.
2-23. Hotel apartment.
A hotel which is primarily intended to provide dwelling facili ties for nontransient persons.
2-24. Junkyard.
Use of property for indoor and/or outdoor storage, keeping, aban donment, sale or resale of junk including scrap metal, automobile parts, rags, paper or other scrap materials, used lumber, salvaged
house wrecking and structural steel materials and equipment, or for the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof.
2-25. Lot.
A tract of land in single ownership which has been made a lot of record and which has both a lot area and a lot width which are equal to or greater than the lot width and lot area requirements which have been established by this ordinance or pursuant to this ordinance for the zoning district in which such tract of land is located and for the use proposed for the tract of land.
2-26. Lot, corner.
A lot having frontage on two (2) or more public streets at their intersection.
2-27. Lot, through.
A lot having frontage on two (2) streets which are approxi mately parallel.
2-28. Lot width.
The horizontal distance between the side lot lines of a lot mea sured at the building line.
2-29. Lot, nonconforming.
A single lot, tract or parcel of land shown on a recorded or unrecorded map, plat, drawing, or survey in existence at the time of adoption of this ordinance, which fails to meet the require ments for area, width or depth for any use permitted within the district in which it is located.
2-30. Motel, hotel.
One (1) or more buildings containing sleeping units with or without individual access to the outside in which accommoda tions are provided and offered to transient guests for compensa tion. The term “motel” shall include tourist cabins and tourist courts.
2-31. Official zoning map.
The official zoning map of the City of Wellston, Missouri, which depicts the zoning classifications of this ordinance. Said map is herewith adopted by reference and shall not be changed except by order of the governing body as provided herein.
2-32. Parking space.
The space required to park one (1) automobile, which shall be a minimum of eight (8) feet wide and twenty (20) feet long, exclu sive of passageways.
2-33. Professional.
A member of a recognized profession, including accountants, architects, dentists, doctors, engineers and lawyers.
2-34. Public use.
Buildings, structures and uses of land owned, operated and maintained by a government unit or government agency, in cluding but not restricted to public schools, fire stations, recre ation sites and facilities, and water treatment facilities.
2-35. Public utility.
As used in this ordinance, a public utility shall only be defined to include pipe lines, power transmission line, telephone and tele graph line, railroad tracks, storm water drainage channels but not a railroad yard, and such related public utility structure or station necessary for the installation and maintenance of utility services.
2-36. Restaurant.
A building or part of a building used or designed for the serving of food or beverage for compensation, but not including a drive-in restaurant.
2-37. Restaurant, drive-in.
A restaurant where service may also be obtained while re maining in automobiles or other motor vehicles.
2-38. Right-of-way (ROW).
The area of a vehicular way or other such strip of land reserved for public use, whether established by prescription, easement, dedication, gift, purchase, eminent domain or any other legal means.
2-39. Road.
Any street, highway, avenue, marginal-access street, bridge, viaduct, or any segment thereof.
2-40. Shopping center.
A group of commercial establishments planned, constructed and managed as a unit with off-street parking and loading facilities provided on the property and related in location, size, and type of shops to the trade area which the unit serves.
2-41. Sign.
Any structure, part thereof, or device attached thereto, or painted or represented thereon, or any material or thing illumi nated or otherwise, which displays or includes any numeral, letter, word, model, banner, emblem, insigne device, trademark or other representation used as, or in the nature of, an announcement, advertisement, direction or designation of any person, firm, group, organization, place, commodity, product, service, business, pro fession, enterprise or industry which is located upon any land, or any building, or upon a window. The flag, emblem or other in signia of a nation, governmental unit, educational, charitable or religious group shall not be included within the meaning of this definition.
2-42. Sign area.
The entire face of a sign and all wall work, including illumi nating tubing incidental to its decoration. In the case of an open
sign made up of individual letters, figures or designs, the spaces between such letters, figures or designs shall be included as part of the sign area.
2-43. Sign clearance.
The vertical distance from the established finished grade of the sidewalk to the lower edge of a sign.
2-44. Sign, directional.
A sign which contains only the name or location of, and/or direction to, a business, commodity, service or other activity, and is located other than on the premises where such business, service or other activity is carried on.
2-45. Sign, freestanding.
A sign having its own support and not attached to a building or other structure.
2-46. Sign, incidental use.
A nonilluminated professional or announcement sign, not ex ceeding one-half square foot in area and attached wholly to a building. A nonilluminated single sign pertaining only to the rent, lease or sale of property upon which displayed; a church bulletin board.
2-47. Sign, principal use.
A sign on the same lot or tract of land or premises with a principal use which announces only the name of such principal use and/or the principal product sold or the principal service ren dered by such principal use.
2-48. Sign, separate use.
Any sign, including a standard poster panel sign or fabricated sign (billboard), which directs attention to a business, commodity, service, entertainment or other activity, conducted, sold or offered elsewhere than on the premises on which said sign is located.
2-49. Structure.
Anything constructed or erected, the use of which requires lo cation on the ground or attached to something having a location on the ground.
2-50. Tourist home.
A dwelling in which sleeping accommodations are provided or offered to transient visitors for compensation.
2-51. Trailer.
A vehicle with or without its own motive power, which is mounted on wheels or is designed to be so mounted and trans ported.
2-52. Trailer parking space.
The space required to park one (1) residential trailer with fa. cilities provided for water and sewer attachments, electrical at tachments and other appropriate facilities.
2-53. Use, principal.
The principal purpose for which a lot or the main building thereon is designed, arranged or intended, and for which it is or may be used, occupied or maintained in accordance with the pro visions of these regulations.
2-54. Use, accessory.
A temporary use of a building in connection with a construction project or real estate development. A use of a building custom arily incidental and subordinate to the principal use on a lot and conducted on the same lot with such principal use.
2-55. Yard.
An open space on a lot situated between the principal building on such lot and the lot lines of such lot or situated between the principal building on such lot and the center line of an abutting street right-of-way. In measuring a yard for determining the width
of a side yard, the depth of a front yard, or the depth of a rear yard, the minimum horizontal distance between the lot line or the street right-of-way center line and the principal building on the lot shall be used.
2-56. Yard, front.
A yard extending across the front of a lot from side lot line to side lot line and lying between the center line of the abutting street right-of-way and the principal building on the lot.
2-57. Yard, rear.
A yard extending across the rear of a lot from side lot line to side lot line and lying between the rear property line and the principal building on the lot.
2-58. Yard, side.
A yard extending along either side of a lot between the front and rear yard and lying between the side lot line and the prin cipal building on the lot.
SECTION 3. GENERAL PROVISIONS
3-1. Interpretation and application.
In interpreting and applying these regulations, the require ments contained herein are declared to be the mini
