City of Hazelwood, MO
St. Louis County
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Table of Contents
Table of Contents
[Ord. No. 2706-95, 12-13-1995 passed in election of 4-2-1996]
The Council shall consist of nine (9) members to be known as Councilmen, each of whom shall be elected for a term of three (3) years and shall serve until his successor shall be elected and qualified, except as otherwise provided herein. One (1) of the nine (9) Councilmen shall be elected at large and shall be the Mayor; the eight (8) other Councilmen shall be elected, one (1) from each Ward by the registered voters thereof.
Of the first Council elected, the Councilmen from the uneven numbered Wards shall serve only until the next regular municipal election in April, 1971; the Councilmen from the even numbered Wards shall serve until the regular municipal election in April, 1972, while the Councilman-at-large (Mayor) shall serve until the regular municipal election in April, 1973. Thereafter, all the Councilmen, the Mayor included, shall be elected for a term of three (3) years, except as otherwise provided.
[Ord. No. 4454-16 §1, 1-20-2016; Ord. No. 4457-16 §1, 1-20-2016 both passed in election of 4-5-2016]
The Mayor shall be elected at large by the qualified voters of the City and shall have the same qualifications as are required for Councilmen. He shall preside at all meetings of the Council and shall be recognized as head of the City government for all legal and ceremonial purposes, and by the Governor for purposes of military law, but shall have no regular administrative duties. He shall have the same right to vote as any other member of the Council, but he shall have no veto power. The Mayor shall appoint all committees of the Council and shall nominate all appointees to all City appointed boards, commissions, committees, and all advisory bodies, study or administrative bodies, subject to approval or rejection of such nominees by the Council under such procedures as the Council may adopt. In exercising the power of appointment the Mayor shall endeavor to see to it that members of appointed bodies represent all areas and constituencies of the City and that all wards have a reasonable opportunity for participation and/or that participation is rotated among the wards, depending on the number of members of a given appointed body. The Council shall elect from among the Councilmen a Mayor Pro-Tempore, who shall act as Mayor in absence of the Mayor. If a vacancy should occur, the Mayor Pro-Tempore shall act as Mayor, until the vacancy shall be filled as provided in this Charter.
[Ord. No. 1157-76, 1-27-1976 passed in election of 4-6-1976; Ord. No. 4457-16 §1, 1-20-2016 passed in election of 4-5-2016]
Each member of the Council shall be at least twenty-one (21) years of age, a registered voter of the City and a resident of the City of Hazelwood or of the territory annexed to the City for at least two (2) years immediately prior to election. A Ward Councilmember shall be a resident of the Ward which is represented at the time of election and while serving in such office.
A Councilmember shall hold no other elective public office while serving as Councilmember and shall not be an employee or officer of the City government; nor be appointed City Manager during the term of office or within one (1) year after the expiration of such term. If a Councilmember shall cease to possess these qualifications or shall be convicted of a felony, malfeasance in office, bribery, or other corrupt practice, misdemeanor or crime involving moral turpitude, he or she shall forthwith forfeit office and the office shall immediately become vacant. The Council shall by ordinance provide a process for impeachment and removal of elected officials.
[Ord. No. 4457-16 §1, 1-20-2016 passed in election of 4-5-2016]
Any vacancy on the Council shall be filled by a majority of the remaining members within thirty (30) days after such vacancy, for a period running to the next regularly scheduled municipal election, at which time a successor shall be elected to fill the unexpired term. Nothing shall prohibit the Council from selecting one (1) of its own members to fill a vacancy occurring in the office of Mayor.
[Ord. No. 2141-89, 2-1-1989 passed in election of 4-4-1989; Ord. No. 4454-16 §1, 1-20-2016; Ord. No. 4457-16 §1, 1-20-2016 both passed in election of 4-5-2016]
The compensation of the Mayor and other members of the Council shall be determined as provided in Article V of this Charter.
The Council shall determine by Ordinance its own rules and order of business. It shall keep a journal of its proceedings which shall be open to public inspection. It shall be the judge of the election returns and qualifications of its members. A majority of the entire Council shall constitute a quorum to do business, but a smaller number may adjourn from day to day and may compel the attendance of absent members in such manner and under such penalties as the Council may provide.
Except as otherwise provided herein, the affirmative vote of a majority of the entire Council shall be necessary to adopt any Ordinance or resolution. The vote of each member of the Council on the final passage of every Ordinance and Resolution shall be recorded in the journal. The vote of each member on any question shall, at the request of any member, be entered in the journal.
[Ord. No. 2430-92, 11-18-1992 passed in election of 4-6-1993; Ord. No. 4457-16 §1, 1-20-2016 passed in election of 4-5-2016]
The Council shall meet regularly, at such times as its rules may prescribe, but not less than twice each month, except when the Council deems it necessary to cancel a meeting. All meetings not closed pursuant to law shall be open to the public.
[Ord. No. 2430-92, 11-18-1992 passed in election of 4-6-1993; Ord. No. 2706-95, 12-13-1995 passed in election of 4-2-1996; Ord. No. 4457-16 §1, 1-20-2016 passed in election of 4-5-2016]
In the transaction of legislative business, whenever the Council shall act by Ordinance, the following procedure shall be followed: Every Ordinance shall be by Bill which shall be in written or printed form and the enacting clause shall be: "BE IT ORDAINED BY THE COUNCIL OF THE CITY OF HAZEL WOOD, MISSOURI". No Bill, except those making appropriations and those codifying or rearranging existing Ordinances, shall relate to more than one subject, which shall be clearly expressed in the title. Ordinances making appropriations shall be confined to the subject matter of the appropriations.
All Bills shall have two (2) readings before final passage, which readings may be by title only. Copies of all Bills shall be available prior to second reading. Upon the request of three (3) members of the City Council that a Bill be read in its entirety, the Bill shall, upon its second reading, be read in its entirety. Except in the case of emergency Bills, not more than one (1) reading shall be at the same legislative meeting, and at least one (1) week shall lapse between the introduction and final passage of any Bill.
Any Ordinance may be passed as an emergency measure on the day the Bill is introduced, provided it contains the statement that an emergency exists and specifies distinctly the facts and reasons constituting an emergency. No Ordinance granting, enlarging or affecting any franchise shall be passed as an emergency measure. Emergency Ordinances shall be restricted to Bills concerning the immediate preservation of public peace, property, health, safety, welfare or morals; appropriations for current expenses, payments on principal or interest on a public debt and Bills providing for issuance of bonds pursuant to an election. The affirmative vote of at least six (6) members of the Council shall be required to pass an emergency Ordinance.
Every Bill introduced shall be filed with the City Clerk on the day of its first reading and shall remain on file in his office for public inspection until it is finally adopted or fails to pass. Prior to the final passage of any Bill, other than an emergency Bill, all persons interested therein shall be given the opportunity to be heard before the Council, in accordance with such rules and regulations as the Council may adopt. After the second reading of any Bill and after compliance with the other provisions herein, the Council may finally pass the Bill with or without amendments; except that if the Council shall make an amendment which constitutes a change in substance, the Bill so amended shall be filed in the office of the City Clerk for one (1) additional week and an opportunity afforded interested persons to be heard as hereinabove provided, after which final action may be taken.
An Ordinance, when passed by the Council, shall be signed by the Mayor and attested by the City Clerk and be immediately filed and preserved in his office; and except as otherwise provided in the Charter, shall be subject to a referendum as provided in Article X of this Charter. Unless otherwise specified, every Ordinance shall become effective immediately upon final passage.
[Ord. No. 4457-16 §1, 1-20-2016 passed in election of 4-5-2016[1]]
All Ordinances of the City of a general and permanent nature shall be revised, digested, codified and promulgated and a system of continuous numbering and revision shall be established and maintained in accordance with provisions to be prescribed by Ordinances. Any such codification Ordinance may be read by title only.
[1]
Editor’s Note: Ord. No. 4457-16 also changed the title of this Section from “Revision of ordinances” to “Codification of ordinances.
Neither the Council nor any of its members shall direct or request the appointment of any person to office, or the removal of any person from office by the City Manager, or by any of his subordinates, or in any way interfere with the appointment or removal of officers or employees of any administrative service of the City. Except for the purpose of inquiry or as otherwise provided in this Charter, the Council and its members shall deal with the administrative officers and employees solely through the City Manager, and neither the Council nor any member thereof shall give orders to the subordinates of the City Manager, either publicly or privately. Any member of the Council violating the provisions of this Section shall forfeit his office. Whether a violation has occurred shall be determined by the members of the Council, and their decision shall be final.
[Ord. No. 1703-84, 2-1-1984 passed in election of 4-3-1984; Ord. No. 2444-93, 1-20-1993 passed in election of 4-6-1993]
Without limitation, the powers conferred upon the City in Article I, Section 3, or by any other provision hereof, the Council shall have power by Ordinance, but shall not be restricted to the following:
1. 
To assess, levy and collect taxes for all general and specific purposes on all subjects or objects of taxation; to provide for enforcing the prompt payment and for penalties for delinquency thereof by any appropriate means; and to classify the subjects and objects of taxation.
2. 
To make and collect special assessments on public or private property for public improvements, and to provide for enforcing the prompt payment and for penalties for delinquency thereof by any appropriate means.
3. 
To make public improvements and acquire by condemnation or otherwise, property or any interest therein, within or without the corporate limits necessary for such improvements.
4. 
To adopt police, fire prevention, safety, health, sanitary, and other similar regulations and to provide for their enforcement.
5. 
To expend the money of the City for all lawful purposes and to invest funds of the City in time deposit certificates, obligations of the United States and State of Missouri or this City.
6. 
To incur indebtedness for any purpose necessary to the exercise of any power granted by this Charter or by the Constitution and laws of the State of Missouri, by borrowing money or otherwise and to give any appropriate security including negotiable bonds of the City in evidence thereof.
7. 
To exercise the power of eminent domain, including the power of excess condemnation as authorized by the Constitution or by law, and to condemn property, real or personal, or any easement or use therein for public purposes within or without the City.
[Ord. No. 4455-16 §1, 1-20-2016; Ord. No. 4457-16 §1, 1-20-2016 both passed in election of 4-5-2016]
8. 
To issue, sell, pledge, or in any manner dispose of negotiable or non-negotiable, interest bearing or non-interest bearing bonds or notes of the City, upon the credit of the City, or solely upon the credit of income derived from the property used in connection with any public utility owned or operated by the City, or solely upon the credit of the proceeds of special assessments for local improvements, or upon any two or more of such credits.
9. 
To acquire, hold, provide for by contract or otherwise, construct, operate, regulate, maintain and improve all kinds of public buildings, structures, public market facilities, airports, off-street parking facilities, public housing, hospitals, parks, playgrounds, golf courses, swimming pools, and other recreational facilities, all other public improvements, and any other property, real or personal, within or without the City, for all such uses or purposes, or for any other public or municipal use or purpose; to acquire, receive and hold any estate or interest in any such property; and to sell, lease, mortgage, pledge or otherwise dispose of the same or the products thereof.
10. 
To acquire and receive by gift, bequest or devise all kinds of property, real, personal, or mixed, or any estate or interest therein, within or without the City, absolutely or in trust, for all public, charitable or municipal uses or purposes; to perform all acts necessary to carry out the purpose of such gifts, bequests or devises, with power to manage, sell, lease or otherwise handle or dispose of such property, in accordance with the terms of the gift, bequest or devise.
11. 
To improve watercourses and regulate the use thereof.
12. 
To extend or diminish the limits of the City by Ordinance and to consolidate with other cities, town and villages in the manner provided by law.
13. 
To provide for the collection and disposal of sewage, offal, ashes, garbage and refuse, and to provide for licensing and regulating such collection and disposal.
14. 
To provide for the licensing and inspection of weights and measures; and to provide for the inspection, testing, measuring and weighing of any article offered for sale within the City for consumption or use.
15. 
To regulate the construction and materials of all buildings and structures and inspect all buildings, lands and places as to their condition for health, cleanliness and safety; and when necessary, to prevent or limit the use there and require any alterations or changes necessary to make them healthful, clean and safe; and to provide procedures and methods to tear down or destroy unsafe or unhealthful places, buildings or structures.
16. 
To abolish or prevent grade crossings, and to provide for safe crossings and compel any railroad or other transportation company of companies affected thereby to pay all or part of the cost thereof.
17. 
To establish, open, relocate, vacate, alter, widen, extend, grade, improve, repair, construct, reconstruct, maintain, landscape, light, sprinkle and clean public highways, streets, boulevards, roads, bridges and viaducts, parkways, sidewalks, alleys, public grounds and squares, parks, alleys, subways, tunnels and curbing; to regulate the use thereof and to establish special benefit districts for the purpose of making such improvements.
18. 
To do all things whatsoever necessary or expedient for promoting and maintaining the comfort, education, morals, safety, peace, government, health, welfare, trade, commerce, or industry of the City and its inhabitants.
19. 
To furnish all public services; to purchase, hire, lease, construct, own, maintain, and operate public utilities; to dispose of the services and products thereof; to acquire, by condemnation or otherwise, within or without the corporate limits, property or any estate or interest therein, necessary for any such purposes; to grant public utility franchises and permits and regulate the exercise thereof.
20. 
To define and prohibit, abate, suppress and prevent, or license and regulate all arts, practice, conduct business, occupations, callings, trades, uses of property and all other things whatsoever detrimental or liable to be detrimental to the health, morals, comfort, safety, convenience or welfare of the inhabitants of the City, and all nuisances and causes thereof.
21. 
To contract and cooperate with other municipalities, counties, states, special districts, the United States, or other governmental bodies, political subdivisions, public or private corporations and not for profit corporations, singly or jointly, or in districts or associations, for promoting or carrying out any of the powers and functions of the City, or for the acquisition, construction, or operation of any property, equipment, works, plants, facilities or structures convenient or necessary for carrying out any of the purposes or objects authorized by this Charter.
[Ord. No. 4455-16 §1, 1-20-2016; Ord. No. 4457-16 §1, 1-20-2016 both passed in election of 4-5-2016]
22. 
To provide for the purchase by the City of property levied upon under execution or process in favor of the City and of property sold for delinquent taxes and assessments, and to sell and convey the same.
23. 
To provide for the enumeration of the inhabitants of the City for any purpose whatsoever.
24. 
To provide for the clearance, replanning, reconstruction, redevelopment and rehabilitation of blighted, substandard or unsanitary areas as authorized by law.
25. 
To control, regulate or prohibit the emission or discharge of dense smoke, fumes, noxious gas, fly ash, dust, or other particulate matter.
26. 
To direct, regulate and control the location and construction of all poles, wires, conduits, subways, pipe mains, or other structures or erections of all kinds in or under or over public streets, alleys, highways or places in the City.
27. 
To establish, maintain and regulate zones throughout the City, and to limit the use of property and the height, bulk, and character of the buildings and structures to be erected or altered therein; to regulate building lines, percentage of lot occupancy and the area of courts, lots, and other spaces therein, and to alter and change such zones from time to time as may be expedient.
28. 
To provide a comprehensive plan for the physical development of the City and for the survey and study of the present condition and future growth thereof.
29. 
To regulate and control the location and operation of airports, airplane landing sites and buildings, structures and other facilities used in connection therewith.
30. 
To establish curfew regulations.
31. 
To establish pension and retirement benefits for the Council, Police Officers, Fire Fighters and all other City employees.
[Ord. No. 4457-16 §1, 1-20-2016 passed in election of 4-5-2016]
32. 
To authorize the expenditures of City funds for the coverage of employees and officers of the City under Old Age and Survivors Insurance and Workers Compensation and all other insurance.
33. 
To license, tax and regulate all businesses, occupations, professions, vocations, activities or things whatsoever set forth or enumerated by the laws of Missouri now or hereafter applicable to constitutional charter cities or cities, towns, villages, municipal corporations or political subdivisions of the State, or which any city, town, village, municipal corporation or political subdivision is now or may hereafter be permitted by law to license, tax and regulate. Such power to license, tax and regulate shall include but shall not be limited to the following:
[Ord. No. 4455-16 §1, 1-20-2016; Ord. No. 4457-16 §1, 1-20-2016 both passed in election of 4-5-2016]
a. 
All occupations for fee, salary, wage, retainer, stipend, or commission, whether a profession, art, craft, trade, skill or service.
b. 
All wholesale, retail, or any type of business, repairing, buying, selling, servicing, warehouse storing or processing food, clothing, furniture, drugs, medicines, cosmetics, furnishings, motor vehicles, household goods, health clubs, hardware, textiles, plastic materials, metal, paper, wood or rubber products, ice, fuel, gasoline, oil, tobacco in any form, beverages of every kind, jewelry, books, magazines, musical instruments, radios, television sets, electrical, gas and oil appliances, construction materials, produce, livestock, poultry, dairy products, plants, shrubs, coal, rental agency, real estate, feed and grain, boats, catering, salesmen, peddlers, solicitors, or any other property.
c. 
All private and common carriers engaged in the transportation of passengers or freight by air, bus, truck, train, automobile, or by any other means.
d. 
All manufacturing establishments making or processing, ceramics, chemicals, metals, textiles, rubber, plastics, fibers, paper, wood, grains, rock, minerals, stone, nuclear products, airplanes or airplane products of all kinds, natural gas, petroleum or petroleum products, coal, ice, coke, cement, clay, oils, fats, waxes, glues, surface coatings, paints, detergents, hair, hides, material of animal or marine origin, explosives, building products of all kinds, motor vehicles, medical and surgical supplies, coin-operated devices, or any other goods or products.
e. 
All cleaning and pressing establishments, tailors, barbershops or beauty shops, abstractors, accountants, banks, finance, loan or trust companies, itinerant vendors, junk dealers, laundries, car washing establishments, locksmiths, machine shops, public utility companies, radio and television companies, surveyors, taxicab operators, undertakers, upholsterers, bondsmen, brokers and agents of whatever class or character including but not limited to insurance, investment, bonding, grain, real estate and loan brokers.
f. 
All businesses for amusement or entertainment, all devices, structures, fields and properties for amusement, entertainment, contests or exhibitions including but not limited to pool and billiard halls and parlors, bowling alleys, vending machines of all types, pinball machines, jukeboxes, shooting galleries, swimming pools, golf courses and driving ranges, all coin-operated devices, dance halls, carnivals, and theaters.
g. 
Private schools of every kind operated for profit, nursing homes, hotels, motels, tourist camps, trailer courts, boarding houses and lodging houses, apartments and rentals thereof, kennels and stables.
h. 
Contractors and subcontractors for the construction, alteration or performance of any facility, structure, machine, plant or service, including but not limited to carpentry, plumbing, cement work, brick work, electrical work, flooring, excavating and grading, painting and interior decorating, plastering, tuckpointing, ventilation, glazing, stone work, tile work, roofing, tin work, heating and all other improvements on real property; and those engaged in the sale of products in connection therewith.
i. 
License, tax and regulate all persons engaged in the business of providing or furnishing telephone, telecommunications, data transmission or similar services, whether through wire or wireless transmissions, to the extent allowed by law.
j. 
A separate license tax may be imposed for each place of business conducted or maintained by the same person, firm or corporation.
34. 
To enforce any Ordinance, rule or regulation by means of fines, forfeitures, penalties, and imprisonment, or by action or proceedings in the Municipal Court or in any other court of competent jurisdiction, or by any one or more of such means, and to impose costs and provide for probation and parole in proper cases and to have subpoena powers relative to all matters arising under the Charter or Ordinances of the City.
35. 
To enact, adopt and enforce all Ordinances, rules and regulations; and to do all things and exercise all governmental and municipal authority necessary, needful and convenient for the complete exercise of all powers enumerated in this Charter.
36. 
To adopt by reference, with or without modification, codes, standards or regulations prepared by a technical trade or service association, State of Missouri or any of its agencies, United States or any of its agencies relating to building, plumbing, electrical installations, fire prevention, food products and all other subjects which the City has power to regulate, provided that a copy of every such code, standard or regulation so adopted and in effect shall be kept in the City Clerk's office and open to public inspection.
37. 
To regulate, license and tax the business of cable television and the provision of video and data transmission and delivery by wire.
[Ord. No. 4455-16 §1, 1-20-2016; Ord. No. 4457-16 §1, 1-20-2016 both passed in election of 4-5-2016]
[Ord. No. 4457-16 §1, 1-20-2016 passed in election of 4-5-2016]
The Council shall appoint a City Clerk who shall hold office at the pleasure of the Council and receive such compensation as fixed by the Council or by contract. The City Clerk shall keep the journal of the proceedings of the Council, authenticate by his signature all Ordinances and Resolutions and maintain the same as public records. He shall keep the corporate seal of the City and attest to all official acts of the City, administer oaths and perform all such other duties as may be required by this Charter or Ordinance.