This Code contains all ordinances of a general and permanent
nature of the City of Woodson Terrace, Missouri, and includes ordinances
dealing with municipal administration, municipal elections, building
and property regulation, business and occupations, health and sanitation,
public order and similar objects.
This Code may be known and cited as the "Municipal Code of the
City of Woodson Terrace, Missouri".
At least three (3) copies of the published book shall be kept
on file in the office of the City Clerk and kept available for inspection
by the public at all reasonable business hours.
A. 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 Official Copy of the Code in any manner whatsoever which will cause the law of the City to be misrepresented thereby. Any person, firm or corporation violating this Section shall be punished as provided in Section
100.220 of this Code.
B. This
provision shall not apply to amendments, additions or deletions to
this Code, duly passed by the Board of Aldermen, which may be prepared
by the City Clerk for insertion in this Code.
Each Section number of this Code shall consist of two (2) parts
separated by a period; the figure before the period referring to the
Chapter number, and the figure after the period referring to the position
of the Section in the Chapter.
A. In
the construction of this Code and of all other ordinances of the City,
the following definitions shall be observed, unless it shall be otherwise
expressly provided in any Section or ordinance, or unless inconsistent
with the manifest intent of the Board of Aldermen, or unless the context
clearly requires otherwise:
CERTIFIED MAIL OR CERTIFIED MAIL WITH RETURN RECEIPT REQUESTED
Includes certified mail carried by the United States Postal
Service or any parcel or letter carried by an overnight, express or
ground delivery service that allows a sender or recipient to electronically
track its location and provides a record of the signature of the recipient.
CITY
The words "the City" or "this City" or "City" shall mean the City of Woodson Terrace,
Missouri.
COUNTY
The words "the County" or "this
County" or "County" shall mean the County
of St. Louis, Missouri.
DAY
A day of twenty-four (24) hours beginning at 12:00 Midnight.
MAYOR
An officer of the City known as the Mayor of the Board of
Aldermen of the City of Woodson Terrace, Missouri.
OATH
Includes an affirmation in all cases in which an affirmation
may be substituted for an oath, and in such cases the words "swear" and "sworn" shall be equivalent
to the words "affirm" and "affirmed".
OFFENSE
Shall mean and be the same as ordinance violation and is punishable as provided in Section
100.220 of this Code.
OWNER
The word "owner", as applied to a building
or land, shall include any part owner, joint owner, tenant in common,
joint tenant or tenant by the entirety of the whole or a part of such
building or land.
PERSON
May extend and be applied to bodies politic and corporate,
and to partnerships and other unincorporated associations.
PERSONAL PROPERTY
Includes money, goods, chattels, things in action and evidences
of debt.
PRECEDING, FOLLOWING
When used by way of reference to any Section of this Code,
shall mean the Section next preceding or next following that in which
the reference is made, unless some other Section is expressly designated
in the reference.
PROPERTY
Includes real and personal property.
PUBLIC WAY
Includes any street, alley, boulevard, parkway, highway,
sidewalk or other public thoroughfare.
REAL PROPERTY
The terms "real property", "premises",
"real estate" or "lands" shall be deemed
to be co-extensive with lands, tenements and hereditaments.
SIDEWALK
That portion of the street between the curb line and the
adjacent property line which is intended for the use of pedestrians.
STATE
The words "the State" or "this State" or "State" shall mean the State of Missouri.
STREET
Includes any public way, highway, street, avenue, boulevard,
parkway, alley or other public thoroughfare, and each of such words
shall include all of them.
TENANT, OCCUPANT
The words "tenant" or "occupant", applied to a building or land, shall include any person who occupies
the whole or a part of such building or land, whether alone or with
others.
WRITTEN, IN WRITING AND WRITING WORD FOR WORD
Includes printing, lithographing, or other mode of representing
words and letters, but in all cases where the signature of any person
is required, the proper handwriting of the person, or his/her mark,
is intended.
YEAR
A calendar year, unless otherwise expressed, and the word "year" shall be equivalent to the words "year of
our Lord".
B. Newspaper. Whenever in this Code or other ordinance of the
City it is required that notice be published in the "official newspaper"
or a "newspaper of general circulation published in the City", and
if there is no newspaper published within the City, the said notice
shall be published in a newspaper of general circulation within the
City, regardless of its place of publication. Such newspaper shall
not include an advertising circular or other medium for which no subscription
list is maintained.
Words and phrases shall be taken in their plain or ordinary
and usual sense, but technical words and phrases having a peculiar
and appropriate meaning in law shall be understood according to their
technical import.
The headings of the Chapters and Sections of this Code are intended
as guides and not as part of this Code for purposes of interpretation
or construction.
The provisions appearing in this Code, so far as they are in
substance the same as those of ordinances existing at the time of
the adoption of this Code, shall be considered as a continuation thereof
and not as new enactments.
No offense committed and no fine, penalty or forfeiture incurred,
or prosecution commenced or pending previous to or at the time when
any ordinance provision is repealed or amended, shall be affected
by the repeal or amendment, but the trial and punishment of all such
offenses and the recovery of the fines, penalties or forfeitures shall
be had, in all respects, as if the provision had not been repealed
or amended, except that all such proceedings shall be conducted according
to existing procedural laws.
When an ordinance repealing a former ordinance, clause or provision
is itself repealed, it does not revive the former ordinance, clause
or provision, unless it is otherwise expressly provided; nor shall
any ordinance repealing any former ordinance, clause or provision
abate, annul or in anywise affect any proceedings had or commenced
under or by virtue of the ordinance so repealed, but the same is as
effectual and shall be proceeded on to final judgment and termination
as if the repealing ordinance had not passed, unless it is otherwise
expressly provided.
It is hereby declared to be the intention of the Board of Aldermen
that the Chapters, Sections, paragraphs, sentences, clauses and phrases
of this Code are severable, and if any phrase, clause, sentence, paragraph,
Section or Chapter of this Code shall be declared unconstitutional
or otherwise invalid by the valid judgment or decree of any court
of competent jurisdiction, such unconstitutionality or invalidity
shall not affect any of the remaining phrases, clauses, sentences,
paragraphs, Sections and Chapters of this Code since the same would
have been enacted by the Board of Aldermen without the incorporation
in this Code of any such unconstitutional or invalid phrase, clause,
sentence, paragraph or Section.
Except as otherwise specifically provided or indicated by the
context, all words used in this Code indicating the present tense
shall not be limited to the time of adoption of this Code but shall
extend to and include the time of the happening of any act, event
or requirement for which provision is made herein, either as a power,
immunity, requirement or prohibition.
A. Whenever
notice may be required under the provisions of this Code or other
City ordinance, the same shall be served in the following manner:
1. By delivering the notice to the person to be served personally or
by leaving the same at his/her residence, office or place of business
with some person of his/her family over the age of fifteen (15) years;
2. By mailing said notice by certified or registered mail to such person
to be served at his/her last known address; or
3. If the person to be served is unknown or may not be notified under
the requirements of this Section, then by posting said notice in some
conspicuous place at least five (5) days before the act or action
concerning which the notice is given is to take place. No person shall
interfere with, obstruct, mutilate, conceal or tear down any official
notice or placard posted by any City Officer, unless permission is
given by said officer.
The provisions of the preceding Section shall not apply to those
Chapters of this Code wherein there is a separate definition of notice.
In computing any period of time prescribed or allowed by this
Code or by a notice or order issued pursuant thereto, the day of the
act, event or default after which the designated period of time begins
to run is not to be included. The last day of the period so computed
is to be included unless it is a Saturday, Sunday or a legal holiday,
in which event the period runs until the end of the next day which
is neither a Saturday, Sunday nor a legal holiday. When the period
of time prescribed or allowed is less than seven (7) days, intermediate
Saturdays, Sundays and legal holidays shall be excluded in the computation.
When any subject matter, party or person is described or referred
to by words importing the masculine, females as well as males, and
associations and bodies corporate as well as individuals, shall be
deemed to be included.
Words importing joint authority to three (3) or more persons
shall be construed as authority to a majority of such persons unless
otherwise declared in the law giving the authority.
When any subject matter, party or person is described or referred
to by words importing the singular number, the plural and separate
matters and persons and bodies corporate shall be deemed to be included;
and when words importing the plural number are used, the singular
shall be included.
[Ord. No. 520 §§1 —
3, 3-2-1967]
A. Whenever,
under any law or ordinance, a public hearing is required before the
Board of Aldermen or Administrative Commission or body of the City
of Woodson Terrace, the petitioner shall be required to deposit with
the City Clerk the sum of four hundred fifty dollars ($450.00) to
defray the cost of such hearing.
B. No
person, firm or corporation failing to deposit such hearing fee at
the time of petitioning for a hearing on any matter before the Board
of Aldermen or any administrative agency of the City shall be entitled
to the processing of their petition, any other ordinance to the contrary
notwithstanding.
C. The
Board of Aldermen, by majority vote, may waive the requirement of
the hearing fee herein provided, where they find that requiring payment
of such fee would be unreasonable or constitute a serious hardship.
[Ord. No. 2010, 1-20-2022]
A. For
the purposes of this Section, the following terms shall have the following
meanings:
APPLICANT
An individual or a corporation, firm, partnership, joint
venture, association, organization or entity of any kind, including
any shareholder, owner, officer, partner, joint venturer or member
of such entity or any other person holding an ownership interest in
such entity, requesting any City permit, license, franchise or other
approval.
RELATED PERSON OR ENTITY
1.
A firm, partnership, joint venture, association, organization
or entity of any kind in which the applicant holds any stock, title,
or other ownership interest of at least twenty percent (20% );
2.
A firm, partnership, joint venture, association, organization
or entity of any kind which holds any stock, title, or other ownership
interest in the applicant of at least twenty percent (20% ); or
3.
An individual, firm, partnership, joint venture, association,
organization or entity of any kind, whose affairs the applicant has
the legal or practical ability to direct, either directly or indirectly,
whether by contractual agreement, majority ownership interest, any
lessor ownership interest, familial relationship or in any other manner.
RELEVANT LAW
1.
Any Statute or regulation of the United States or the State
of Missouri;
2.
Any ordinance or Code Section of the City, or any rule, regulation,
notice, condition, term or order promulgated by any officer or agency
of the City under duly vested authority of the City; or
3.
Any judgment or order of any court of competent jurisdiction,
when a Statute, ordinance, Code Section, rule, regulation, notice,
condition, term, order or judgment at issue regulates conduct or conditions
germane to the issuance of the requested permit, license, franchise
or other approval as provided by the applicable ordinance or Code
Section of the City.
B. In
enforcing or administering the ordinances of the City, no permit,
license, franchise or approval of any kind shall be granted to any
applicant if the applicant or a related person or entity is charged
with or in violation of any relevant law until such time as the applicant
or the related person or entity resolves the pending charge or comes
into compliance with the relevant law.
C. In
acting on any new application or on any reapplication by an applicant
whose prior permit, license, franchise or other approval has been
denied, suspended, revoked or forfeited, the reviewing or enforcement
officer may consider past violations of relevant law by the applicant
or a related person or entity in considering whether to issue the
permit, license, franchise or approval requested by the applicant.
Taking into account the nature and character of the permit, license,
franchise or other requested approval in question and the need for
the City to rely on representations and/or future conduct by the applicant
when acting pursuant to the permit, license, franchise or other requested
approval by the City, the reviewing or enforcement officer may deny
the application or reapplication if the past violations of relevant
law are reasonably recent in time and of such character or magnitude
as to reasonably call into question the fitness of the applicant or
the City's ability to rely on representations and/or future conduct
by the applicant.
D. If
a permit, license, franchise or other approval has been denied, suspended,
revoked or forfeited, the applicant may not submit a new application
for one (1) year from the date of the denial, suspension, revocation
or forfeiture unless the reviewing or enforcement officer finds that
substantial new facts or a change in circumstances warrant reconsideration;
provided, however, that if the ordinances governing the particular
permit, license, franchise or other approval in question prescribe
a different disqualification period, those ordinances shall govern.
E. Any
aggrieved applicant may appeal the decision of the reviewing or enforcement
officer to the City Administrator within five (5) business days of
said decision. The City Administrator may reverse or modify the decision
of the reviewing or enforcement officer, provided the applicant:
1. Establishes an inability to effect compliance with any relevant law
because of the ownership structure of any pertinent related entity,
if the denial in question was due to conduct or circumstances of a
related person or entity; or
2. Establishes that the applicant has not been charged with, or is or,
if applicable, was not in violation of any relevant law.