[R.O. 2006 §100.120; Ord. No. 2003 §1, 11-18-1996]
The ordinances embraced in this and the following Chapters and
Sections shall constitute and be designated the "Municipal Code of
the City of Fenton, Missouri" and may be so cited.
[R.O. 2006 §100.130; Ord. No. 2003 §1, 11-18-1996]
The catchlines of the several Sections of this Code printed
in boldface type are intended as mere catchwords to indicate the contents
of the Section and shall not be deemed or taken to be titles of such
Sections, nor as any part of the Section, nor, unless expressly so
provided, shall they be so deemed when any of such Sections, including
the catchlines, are amended or reenacted.
[R.O. 2006 §100.140; Ord. No. 2003 §1, 11-18-1996]
In the construction of this Code, and of all ordinances and
resolutions passed by the Mayor and Board of Aldermen, the following
rules or definitions shall be observed, unless such construction would
be inconsistent with the manifest intent of the Mayor and Board of
Aldermen:
- ALDERMAN
- A member of the Board of Aldermen of the City of Fenton, Missouri.
- BOARD OF ALDERMEN
- Whenever the words "Board of Aldermen", "Board", "this Board" or "the Board" are used, they mean the Board of Aldermen of the City of Fenton, Missouri.
- CITY
- The words "the City" or "this City" shall mean the City of Fenton, in St. Louis County, Missouri.
- COMPUTATION OF TIME
- The time within which an act is to be done shall be computed by excluding the first (1st) day and including the last.
- COUNTY
- The words "County", "the County" or "this County" shall mean St. Louis County, Missouri.
- GENDER
- A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations as well as to males.
- HIGHWAY
- Shall include any street, alley, highway, avenue or public place or square, bridge, viaduct, tunnel, underpass, overpass or causeway in the City, dedicated or devoted to public use.
- MONTH
- A calendar month.
- NUMBER
- Any word importing the singular number shall include the plural and any word importing the plural number shall include the singular.
- OATH
- Shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words, "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed".
- OFFICERS, DEPARTMENTS, ETC.
- Whenever any Officer, Department, Board, Commission or other agency is referred to by title alone, such reference shall be construed as if followed by the words "of the City of Fenton, Missouri".
- OR, AND
- "Or" may be read "and", and "and" may be read "or", if the sense requires it.
- OWNER
- The word "owner", applied to a building or land, shall include 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
- Shall extend and be applied to associations, corporations, firms, partnerships and bodies politic and corporate as well as to individuals. Whenever used with respect to any penalty, the word "person", as applied to partnerships or associations, shall mean the partners or members thereof, and as applied to corporations, the officers thereof.
- PRECEDING, FOLLOWING
- Shall mean next before and next after, respectively.
- ROADWAY
- That portion of a street improved, designed or ordinarily used for vehicular traffic.
- SIDEWALK
- Any portion of the street between the curb, or the lateral line of the roadway and the adjacent property line, intended for the use of pedestrians.
- SIGNATURE OR SUBSCRIPTION
- The words "signature" or "subscription" shall include a mark when a person cannot write.
- STATE
- The words "the State" or "this State" shall be construed to mean the State of Missouri.
- STREET
- Shall include any highway, alley, street, avenue or public place, square, bridge, viaduct, underpass, overpass, tunnel or causeway in the City, dedicated or devoted to public use.
- TENSE
- Words used in the past or present tense include the future as well as the past and present.
- 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.
[Ord. No. 3521 §1, 6-25-2015]
No provision of the Municipal Code of the City of Fenton shall
apply to any circumstance in which such application shall be unlawful
under superseding Federal or State law and furthermore, if any Section,
Subsection, sentence, clause, phrase, or portion of this Code is now
or in the future superseded or preempted by State or Federal law or
found by a court of competent jurisdiction to be unauthorized, such
provision shall be automatically interpreted and applied as required
by law.
[R.O. 2006 §100.150; Ord. No. 2003 §1, 11-18-1996]
All ordinances passed subsequent to this Code which amend, repeal
or in any way affect this Code may be numbered in accordance with
the numbering system of this Code and printed for inclusion therein.
When subsequent ordinances repeal any Chapter, Section or Subsection
or any portion thereof, such repealed portions may be excluded from
the Code by omission from reprinted pages. The subsequent 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 and subsequent ordinances numbered or omitted are readopted
as a new Code by the Mayor and Board of Aldermen.
[R.O. 2006 §100.160; Ord. No. 2003 §1, 11-18-1996]
It is hereby declared to be the intention of the Mayor and Board
of Aldermen that the Sections, paragraphs, sentences, clauses and
phrases of this Code are severable and, if any, phrase, clause, sentence,
paragraph or Section of this Code shall be declared unconstitutional
by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs and Sections of this Code, since the
same would have been enacted by the Mayor and Board of Aldermen without
the incorporation in this Code of any such unconstitutional phrase,
clause, sentence, paragraph or Section.
[R.O. 2006 §100.170; Ord. No. 2463 §1, 4-15-2002]
A.
Whenever
in this Code or any other ordinance of the City, or in any rule, regulation,
notice or order promulgated by any officer or agency of the City under
authority duly vested in him/her or it, any act is prohibited or is
declared to be unlawful or an offense, misdemeanor or ordinance violation
or the doing of any act is required or the failure to do any act is
declared to be unlawful or an offense or a misdemeanor or ordinance
violation, and no specific penalty is provided for the violation thereof,
upon conviction of a violation of any such provision of this Code
or of any such ordinance, rule, regulation, notice or order, the violator
shall be punished by a fine not exceeding one thousand dollars ($1,000.00)
or by imprisonment in the City or County Jail not exceeding three
(3) months, or by both such fine and imprisonment; provided, that
in any case wherein the penalty for an offense is fixed by a Statute
of the State, the statutory penalty, and no other, shall be imposed
for such offense, except that imprisonments may be in the City prison
or workhouse instead of the County Jail.
B.
Every
day any violation of this Code or any other ordinance or any such
rule, regulation, notice or order shall continue shall constitute
a separate offense.
C.
Whenever
any act is prohibited by this Code, by an amendment thereof, or by
any rule or regulation adopted thereunder, such prohibition shall
extend to and include the causing, securing, aiding or abetting of
another person to do said act. Whenever any act is prohibited by this
Code, an attempt to do the act is likewise prohibited.
D.
Minor Traffic Violations. Notwithstanding anything to the contrary herein, no punishment for a minor traffic violation as defined by Section 300.010 of this Municipal Code shall:
[Ord. No. 3558 § 2, 11-19-2015; Ord. No. 3629 § 2, 9-22-2016]
1.
Impose a fine, when combined with the amount of Court costs,
that exceeds two hundred twenty-five dollars ($225.00);
3.
Place a person convicted of a minor traffic violation in confinement
for failure to pay a fine unless such non-payment violates the terms
of the person's probation or unless the due process procedures
mandated by Missouri Supreme Court Rule 37.65 or its successor rule
are strictly followed by the Court;
4.
Assess Court costs where a defendant has been found to be indigent under Subsection (5) or if a case has been dismissed;
5.
Assess Court costs against a defendant who the Municipal Court
finds to be indigent based on standards set by the Presiding Judge
of the 21st Judicial Circuit Court of the State of Missouri; or
6.
Issue an additional charge for the failure to appear on a minor
traffic violation.
E.
Municipal Ordinance Violations. Notwithstanding anything to the contrary herein, no punishment for a municipal ordinance violation as defined by Section 479.350, RSMo., and Section 300.010 of this Municipal Code of the City of Fenton shall impose a fine, when combined with the amount of Court costs, that exceeds:
[Ord. No. 3629 § 2, 9-22-2016]
1.
For municipal ordinance violations committed within a twelve-month
period beginning with the first violation:
a.
Two hundred dollars ($200.00) for the first municipal ordinance
violation,
b.
Two hundred seventy-five dollars ($275.00) for the second municipal
ordinance violation.
c.
Three hundred fifty dollars ($350.00) for the third municipal
ordinance violation, and
d.
Four hundred fifty dollars ($450.00) for the fourth and any
subsequent municipal ordinance violations;
3.
Place a person convicted of a minor traffic violation in confinement
for failure to pay a fine unless such non-payment violates the terms
of the person's probation or unless the due process procedures
mandated by Missouri Supreme Court Rule 37.65 or its successor rule
are strictly followed by the Court;
4.
Assess Court costs where a defendant has been found to be indigent under Subsection (5) or if a case has been dismissed; or
5.
Assess Court costs against a defendant who the Municipal Court
finds to be indigent based on standards set by the Presiding Judge
of the 21st Judicial Circuit Court of the State of Missouri.
[Ord. No. 3521 §4, 6-25-2015]
The City shall be entitled to enforce any provision of this
Code through all remedies lawfully available, and any user of City
services, rights-of-way or other property as a condition of such use,
and additionally all other persons violating any provision herein,
shall, to the full extent permissible by law, pay the City's
costs of enforcement, including reasonable attorneys' fees, in
the event the person is determined judicially to have violated the
terms of this Code or any requirement, provision or agreement enacted
or hereunder.
[R.O. 2006 §100.030; Ord. No. 495 §§1—3, 5-22-1979]
A.
No
contract entered into by or on behalf of the City shall be valid unless
the same shall be within the scope of the City's powers or shall be
expressly authorized by law, nor unless such contract shall be made
upon a consideration wholly to be performed or executed subsequent
to the making of the contract, nor unless such contract including
the consideration therefor shall be made in writing and dated when
made, and shall be subscribed by the parties thereto, or their agents
authorized by law and duly appointed and authorized in writing.
B.
The
Mayor or acting Mayor, in the Mayor's absence, shall execute all contracts
on behalf of the City and his/her signature shall be attested to by
the City Clerk.
C.
Authorization
for the Mayor or the acting Mayor, in the Mayor's absence to enter
into and execute contracts on behalf of the City shall be provided
by passage of an ordinance or adoption of a resolution.
[R.O. 2006 §100.040; Ord. No. 600 §1, 8-16-1982; Ord. No. 1908 §1, 11-20-1995; Ord. No. 2092 §1, 9-15-1997]
A.
Definitions. For purpose of this Section, the following
definitions will apply:
- ABANDONED PERSONAL PROPERTY
- Personal property in the possession of the City of Fenton, and/or its agents, including the St. Louis County Police Department/City of Fenton, for which the owner cannot be located through reasonable effort, and which is being held for no legal purpose.
- SURPLUS PROPERTY OF THE CITY OF FENTON
- Personal property owned by the City of Fenton for which no need exists, and is established as surplus by a majority vote of the Board of Aldermen.
- UNCLAIMED PERSONAL PROPERTY
- Personal property in the possession of the City of Fenton, and its agents, including the St. Louis County Police Department/City of Fenton, for which no owner is known, and which is being held for no legal purpose.
B.
Inventory. Annually on June thirtieth (30th) and December
thirty-first (31st), all Department Heads and/or its agents shall
report to the City Administrator on all unclaimed and abandoned personal
property in the possession of the City of Fenton. The City Administrator
shall keep a current written inventory list of all surplus property
owned by the City of Fenton.
Said unclaimed and abandoned personal property owned by the
City of Fenton shall be sold at public sale at the discretion of the
Board of Aldermen upon recommendation of the City Administrator. All
Department Heads shall make reasonable efforts to locate the owners
of the personal property in the possession of their department. Said
public sale shall be called from time to time as may be necessary
by the City Administrator upon authorization from the Board of Aldermen.
All proceeds of said sale will go into the General Revenue Fund of
the City.
All abandoned and unclaimed personal property in the possession
of the St. Louis County Police Department/City of Fenton shall be
disposed of by the Property Control Unit pursuant to rules and regulations
of the St. Louis County Police Department. Any proceeds from such
sale shall be given to the City of Fenton within thirty (30) days
of the sale for deposit into the General Revenue Fund.
C.
Notice. Said public sale held by the City of Fenton shall
be held only after notice has been published at least once per week
for two (2) consecutive weeks in a newspaper of daily or weekly circulation.
Said public sale shall be held at a public place designated by the
City Administrator. Said notice shall include date, time and place
of the public sale, but need not describe the property to be sold.
D.
Reclamation. Individuals may reclaim personal property up
to the time of sale by reasonable showing of ownership documentation
to the City Administrator or the City Clerk.
E.
Abandoned Automobiles Not Affected. Nothing in this Section
shall in any way affect or conflict with those ordinances, if any,
dealing with abandoned motor vehicles.
[R.O. 2006 §100.050; Ord. No. 601 §1, 8-16-1982; Ord. No. 1908 §1, 11-20-1995]
All weapons seized as evidence or that come into the possession
of the St. Louis County Police Department/City of Fenton shall be
reclaimed or disposed of by the lawful rules and regulations of the
Property Control Unit of the St. Louis County Police Department.
[R.O. 2006 §100.060; Ord. No. 621 §1, 12-20-1982]
A.
The
Board of Aldermen of the City of Fenton shall review all projects
of the Industrial Development Authority of the City of Fenton (hereinafter
"Fenton IDA"), after the Fenton IDA shall have conducted a public
hearing thereon and recommended approval of the project to the Board.
B.
Upon
receiving the recommendation of the Fenton IDA, the Board shall at
its next meeting take up the matter. The Board shall approve said
projects by written resolution, but if any project be disapproved,
then the disapproval shall be entered in the minutes.
[R.O. 2006 §100.100; Ord. No. 1385 §§1—7, 5-21-1990; Ord. No. 1582 §1, 3-16-1992; Ord. No. 1838 §1, 3-21-1995; Ord. No. 2347 §1, 11-20-2000]
A.
Individual
scholarships are hereby authorized and approved and will be awarded
annually in an amount to be determined by the Board of Aldermen, if
money is available in the budget. This merit-based program encourages
top-rated students to attend Missouri schools and is based on the
State of Missouri's higher education academic scholarship program,
"Bright Flight".
B.
The
number of scholarships to be awarded will be set annually by the Board
of Aldermen.
C.
The
Board of Aldermen hereby declares its intention that these scholarships
will be awarded annually to graduating high school seniors, and college
undergraduates, who meet the scholarship qualifications and criteria
then in effect with a maximum of four (4) scholarships awarded to
each qualifying applicant.
D.
The
following qualifications are established for eligibility for the scholarships:
1.
Criteria for graduating high school seniors:
a.
The applicant shall be a graduating high school senior.
b.
The applicant must maintain permanent resident status within the
corporate City limits of Fenton at least one (1) year prior to the
last day applications are accepted.
c.
The applicant shall have a cumulative grade point average of 3.0
or higher.
d.
The applicant must attend a Missouri college, university, junior
college, or trade school as a full-time student and be enrolled for
a minimum of twelve (12) credit hours.
2.
Criteria for college undergraduates:
a.
The applicant shall have successfully completed the equivalent of
twenty-four (24) credit hours. Freshmen shall have completed twelve
(12) credit hours and shall be currently enrolled for twelve (12)
credit hours during the Spring semester. These credit hours shall
be earned at an accredited university, college, junior college or
trade school.
b.
The applicant must maintain permanent resident status within the
corporate City limits of Fenton for at least one (1) year prior to
the last day applications are accepted.
c.
The applicant shall have a cumulative grade point average of 3.0
or higher.
d.
The applicant must attend a Missouri college, university, junior
college, or trade school as an undergraduate for the succeeding school
year.
e.
During the period when the scholarship is in effect, the student
shall maintain full-time scholastic status. Full-time status shall
be the equivalent of twenty-four (24) credit hours annually earned
at an accredited Missouri university, college, junior college or trade
school.
E.
The
following procedures are established for awarding the scholarships:
1.
Applicants will be asked to complete a scholarship application on
forms provided by the City of Fenton.
2.
Information provided by the applicant will be verified by the school
the student is presently attending.
3.
The applications, identified only by a code number, will then be
sent to the Scholarship Committee as appointed by the Mayor and approved
by the Board of Aldermen.
4.
The Scholarship Committee shall rank the applications by scores according
to the criteria established by the Board of Aldermen.
5.
On a date and time designated by the Board of Aldermen, scholarships
shall be awarded to those students who have met the qualifications
and criteria as established by this Section.
F.
The
following criteria are established and may be used for awarding the
scholarships:
|
High School Senior
|
College Student
| |
|---|---|---|
|
1. Grade point average
|
40%
|
50%
|
|
2. ACT or SAT
|
20%
|
N/A
|
|
3. Student curriculum
|
20%
|
25%
|
|
4. Essay
|
10%
|
15%
|
|
5. Extracurricular activity/employment
|
10%
|
10%
|
G.
All
officers and employees of the City of Fenton are authorized and directed
to do all things necessary to make the scholarship program a success.
[R.O. 2006 §100.105; Ord. No. 1858 §1, 5-16-1995]
The Finance Officer of the City of Fenton is authorized to collect
a fee of twenty-five dollars ($25.00) for each insufficient fund check
issued to the City of Fenton in addition to the face amount of the
check.
[R.O. 2006 §100.110; Ord. No. 1562 §1, 1-22-1992; Ord. No. 2092 §1, 9-15-1997]
A.
Statement Of Non-discrimination Policy. The City of Fenton
does not discriminate on the basis of handicapped status in the admission
of or access to or employment in its municipal programs or activities.
B.
Complaint/Grievance Procedures. Complaints alleging any
action prohibited under Section 504 of the Rehabilitation Act of 1973
must be filed within one hundred eighty (180) days of the alleged
discrimination. In any case where the alleged violation of the Act
or regulation is also an alleged violation of another law, regulation
or agreement, nothing in this process shall preclude an individual
or an organization from filing a complaint or grievance under such
law or agreement with respect to the non-Section 504 case of action,
as well as filing a complaint or grievance under Section 504.
Assistance in filing a complaint or grievance may be obtained
by contacting the City Administrator at Fenton City Hall, 625 New
Smizer Mill Road, 343-2080.
C.
Steps To Be Taken.
1.
The City Administrator shall investigate the complaint and make every
effort to resolve the complaint on an informal basis. If this is not
successful or the grievant is not satisfied with the results, then
go to Step 2.
2.
The grievant should contact the City Administrator to file a written
complaint or grievance. Complaints and grievances will be investigated
and a written determination will be forwarded to the grievant within
five (5) working days of filing. This notification will include notice
to the grievant of his/her right to request an impartial hearing with
the Fenton Human Rights Commission and the City Attorney and an explanation
of the hearing procedure. This notice will be mailed by "Certified
Mail, Return Receipt Requested". Informal resolution will be attempted.
If a satisfactory resolution is not achieved through these efforts,
go on to Step 3.
3.
The grievant may request an impartial hearing by writing to the Human
Rights Commission within four (4) working days of receipt of the written
determination.
4.
The formal grievance appeal shall contain the following information:
a.
Name of the aggrieved party;
b.
A statement of facts upon which the grievance is based;
c.
The date on which the event first occurred;
d.
The date of the submittal of the grievance in writing;
e.
Such other information as the aggrieved party deems relevant; and
f.
The remedy or relief which is requested.
5.
The time for the hearing will be set. The parties to the grievance
shall be notified of the hearing date at least five (5) working days
before the hearing. The hearing will be conducted by the City Attorney
within thirty (30) working days after the complaint is filed. The
Hearing Officer shall provide the Human Rights Commission with a written
decision within ten (10) working days after the date of the hearing.
6.
The Mayor and Board of Aldermen will review the Hearing Officer's
decision and the Mayor will forward that decision with its final written
determination to the grievant and other interested parties within
sixty (60) working days of the filing of the grievance. The decision
will be mailed by "Certified Mail, Return Receipt Requested". The
grievant will also be advised of his/her right to file a request for
review with the Department of Housing and Urban Development, Fair
Housing and Equal Opportunity Division, 1222 Spruce Street, St. Louis,
Missouri 63103-2836, ATTN: Mr. Roy Pierce.