[Code 1980 §1-1; CC 1990 §1-1]
The ordinances embraced in this and the following Chapters and Sections shall constitute and be designated "the Code of the City of Florissant, Missouri" and may be so cited. Such ordinances may also be cited as "Florissant City Code".
[Code 1980 §1-2; CC 1990 §1-2]
In the construction of this Code and of all other ordinances of the City, the following definitions and rules of construction shall be observed unless it shall be otherwise expressly provided in any Section or ordinance, or unless inconsistent with the manifest intent of the City Council, or unless the context clearly requires otherwise:
- The words "the Charter" shall mean the Charter of the City of Florissant, Missouri.
- The words "the City" or "this City" shall mean the City of Florissant, Missouri.
- CITY COUNCIL OR COUNCIL
- The words "City Council" or "the Council" shall mean the City Council of Florissant, Missouri.
- COMPUTATION OF TIME
- The time within which an act is to be done shall be computed by excluding the first (1st) and including the last day; and if the last day is Sunday, that shall be excluded.
- The words "the County" shall mean the County of St. Louis, State of Missouri.
- DELEGATION OF AUTHORITY
- Whenever a provision appears requiring the head of a department or other officer of the City to do some act or perform some duty or granting some right to him/her as such official, it shall be construed to authorize such department head or officer to designate, delegate and authorize subordinates to do the required act or perform the required duty, or it shall grant to them such right, unless the terms of the provisions designate otherwise.
- 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.
- JOINT AUTHORITY
- Words importing joint authority to three (3) or more persons shall be construed as authority to a majority of such persons.
- A calendar month.
- Whenever, in any ordinance, words importing the plural number are used in describing or referring to any matter, parties or persons, any single matter, party or person is included, although distributive words are not used. When any subject matter, party or person is described or referred to by words importing the singular number or the masculine gender, several matters and persons, and bodies corporate as well as individuals, are included.
- Includes 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".
- OFFICE, OFFICER, DEPARTMENT, BOARD, COMMISSION OR OTHER AGENT OR AGENCY
- The naming of any office, officer, department, board, commission or other agent or agency shall be construed as if followed by the words "of the City of Florissant, Missouri". Any such reference shall be deemed to include any person authorized by law to perform the duties of any such office, officer, department, board, commission or other agent or agency.
- The word "owner", 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.
- 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 the Code, 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.
- Includes real and personal property.
- PUBLIC WAY
- Includes any street, alley, boulevard, parkway, highway, sidewalk or other public thoroughfare.
- REAL PROPERTY, PREMISES, REAL ESTATE OR LANDS
- Is coextensive with lands, tenements and hereditaments.
- SHALL, MAY
- The word "shall" is mandatory, and the word "may" is permissive.
- That portion of the street between the curbline and the adjacent property line which is intended for the use of pedestrians.
- Where the written signature of any person is required, the proper handwriting of such person or his/her mark shall be intended.
- The words "the State" or "this State" shall mean the State of Missouri.
- 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 word "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.
- A calendar year, unless otherwise expressed, and the word "year" shall be equivalent to the words "year of our Lord".
- All general provisions, phrases and expressions contained in this Code shall be liberally construed in order that the true intent and meaning of the City Council may be fully carried out.
[Code 1980 §1-3; CC 1990 §1-3]
The catchlines of the several Sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of each Section and shall not be deemed or taken to be titles of such Sections, nor as any part of the Sections; nor, unless expressly so provided, shall they be so deemed when any of such Sections, including the catchlines, are amended or re-enacted.
[Code 1980 §1-4; CC 1990 §1-4]
The provisions appearing in this Code, so far as they are the same in substance as those of ordinances existing at the time of the adoption of this Code, shall be considered as continuations thereof and not as new enactments.
[Code 1980 §1-5; CC 1990 §1-5]
It is hereby declared to be the intention of the City Council 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 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 and Sections of this Code since the same would have been enacted by the City Council without the incorporation in this Code of any such unconstitutional or invalid phrase, clause, sentence, paragraph or Section.
[Code 1980 §1-6; CC 1990 §1-6]
Whenever any ordinance or part of an ordinance shall be repealed or modified, either expressly or by implication, by a subsequent ordinance, the ordinance or part of an ordinance thus repealed or modified shall continue in force until the ordinance repealing or modifying the same shall go into effect unless therein otherwise expressly provided; but no suit, prosecution, proceeding, right, fine or penalty instituted, created, given, secured or accrued under any ordinance previous to its repeal shall in anywise be affected, released or discharged but may be prosecuted, enjoyed and recovered as fully as if such ordinance or provisions had continued in force, unless it shall be therein otherwise expressly provided.
[Code 1980 §1-7; CC 1990 §1-7]
When an ordinance repealing a former ordinance, clause or provision shall itself be repealed, such repeal shall not be construed to revive such former ordinance, clause or provision unless it be expressly so provided and such former ordinance, clause or provision is set forth at length.
[Code 1980 §1-8; CC 1990 §1-8; Ord. No. 8167 §1, 9-14-2015]
Wherever in this Code or in any ordinance of the City, or rule or regulation 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 or misdemeanor 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, 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 or order, that is not a minor traffic violation, the violator may 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. Each day any violation of this Code or any such ordinance, rule, regulation or order shall continue shall constitute, except where otherwise provided, a separate offense.
Upon conviction of an offense for a minor traffic violation, the court shall not assess a fine, if combined with the amount of court costs, totaling in excess of two hundred twenty-five dollars ($225.00) and the court shall not sentence a person to confinement, except the court may sentence to confinement for violations involving alcohol or controlled substances, violations endangering the health or welfare of others, and looting or giving false information to a law enforcement officer. A "minor traffic offense" is defined in Section 479.350, RSMo., as a municipal violation that does not involve an accident or injury, that does not involve the operation of a commercial motor vehicle, and for which the Department of Revenue is authorized to assess no more than four (4) points to a person's driving record upon conviction. Minor traffic violations shall exclude a violation for exceeding the speed limit by more than nineteen (19) miles per hour or a violation occurring within a construction zone or school zone.
[Ord. No. 8428, 7-9-2018]
Charter Reference — Power of city council with regard to fines, forfeitures, penalties, §3.10(34).
[Code 1980 §1-9; CC 1990 §1-9; Ord. No. 5060, §§1 — 2, 8-29-1989; Ord. No. 5369, 7-13-1992; Ord. No. 5470, 3-17-1993; Ord. No. 5654, 9-26-1994; Ord. No. 6079, 1-23-1998; Ord. No. 6298, 9-27-1999; Ord. No. 6572, 8-27-2001; Ord. No. 6587, 10-8-2001; Ord. No. 7209 §1, 9-29-2005; Ord. No. 8070 §1, 8-25-2015; Ord. No. 8108 §1, 1-14-2015; Ord. No. 8167 §2, 9-14-2015]
Court costs may be assessed in all matters before the Municipal Division of the Associate Circuit Court, St. Louis County, Florissant Division, in accordance with the directive from the Presiding Judge of the St. Louis County Circuit Court as the same applies to the Municipal Division.
In addition to any fine imposed, costs of twelve dollars ($12.00) shall be assessed as costs for violation of any municipal ordinance, except for a violation of the seat belt ordinances. (COR 21.01(a)4)
In addition to any fine imposed and costs assessed pursuant to law, an additional cost of two dollars ($2.00) shall be assessed as cost for violation of municipal ordinances as provided for in Section 488.5336, RSMo. The costs collected by the Court Clerk pursuant to this provision shall be paid to Law Enforcement Training Fund (LETF) in accordance with the provisions of Section 488.5336, RSMo.
In addition to any fine imposed and costs assessed pursuant to law, an additional cost of seven dollars fifty cents ($7.50) shall be assessed as cost for violation of municipal ordinances as provided for in Section 595.045, RSMo. The costs collected by the Court Clerk pursuant to this provision shall be paid to the Crime Victims Compensation Fund (CVCF) in accordance with the provisions of Section 595.045, RSMo., and Section 488.533.1, RSMo.
In addition to any fine imposed and costs assessed pursuant to law, an additional cost of two dollars ($2.00) shall be assessed as costs for violation of any municipal ordinance, however, the judge may waive the assessment of this cost in those cases where the defendant is found by the judge to be indigent or unable to pay the costs. The costs collected by the Court Clerk pursuant to this Section shall be transmitted at least monthly to the County Treasurer for deposit in a fund for the provision of operating expenses for shelters for battered persons (BP) pursuant to Section 488.607, RSMo. This cost shall be assessed if the court dismisses the charge(s).
In addition to any fine imposed and costs assessed pursuant to law, an additional cost of one dollar ($1.00) shall be assessed as cost for violation of all municipal ordinances, including non-moving traffic violations. The costs collected by the Court Clerk pursuant to this provision shall be sent to the State Treasury to the credit of the Peace Officers Standards and Training Fund (POST) created in Section 590.178, RSMo. (See, Section 488.5336.1, RSMo.)
Upon a plea of guilty or a finding guilty for violating the provisions of Section 342.020 or Section 342.030 or violations of any other ordinance of the City of Florissant involving alcohol- or drug-related traffic offenses, the court may, in addition to imposition of any penalties provided by law, order the convicted person to reimburse the Florissant Police Department for the cost associated with such arrest. Such cost shall include the reasonable cost of making the arrest, including the cost of any chemical test to determine the alcohol or drug content of the person's blood, and the costs of processing, charging, booking and holding such person in custody. The Florissant Police Department may establish a schedule of costs; however, the court may order the costs reduced if it determines that the costs are excessive.
In addition to any fine or other costs that may be imposed by the Municipal Judge, there shall be assessed as costs in all cases for violations of general criminal laws of the State, including infractions or violations of municipal ordinances, except those for non-moving traffic violations, the sum of two dollars ($2.00) for the Inmate Security Fund. This fee shall be transmitted monthly to the Finance Director of the City. (Section 488.5026, RSMo.)
In addition to any fine or other costs that may be imposed by the Municipal Judge, there shall be assessed an additional court cost of up to ten dollars ($10.00) for each municipal ordinance violation case filed before a Municipal Division Judge or Associate Circuit Judge. The City can only use the additional costs for the land assemblage and purchase, construction, maintenance, and upkeep of a municipal courthouse. This fee shall be transmitted monthly to the Director of Finance.
In addition to other costs authorized in this Section, there shall be assessed a state automation surcharge of seven dollars ($7.00) in all cases in which court costs are taxed. Said surcharge shall be collected by the Municipal Court and transmitted monthly to the Missouri Director of Revenue to the credit of the Missouri Statewide Automation Fund. (Sections 488.012.3(5) and 488.027.2, RSMo.)
[Ord. No. 8484, 12-10-2018]
The costs specified in this Section are cumulative.
[CC 1990 §16-16; Ord. No. 6285, 7-26-1999]
The Municipal Judge of Municipal Court of the City of Florissant shall have the authority to issue search warrants for searches or inspections to determine the existence of violations of any ordinance whose violation is punishable by fine or jail or both.
Warrants and searches or inspections made pursuant thereto shall conform to and be governed by the following provisions:
The Florissant City Attorney, Florissant Prosecuting Attorney or Florissant Police Officer may make application for the issuance of a search warrant.
The application shall:
Be in writing;
State the time and date of the making of the application;
Identify the property or places to be searched in sufficient detail and particularity that the officer executing the warrant can readily ascertain it;
State facts sufficient to show probable cause for the issuance of a search warrant to search for violations of any provision of the City of Florissant ordinances specified in the application;
Be verified by the oath or affirmation of the applicant; and
Be filed in the Florissant Municipal Court, a Division of the County of St. Louis, Missouri, Circuit Court.
The application shall be supplemented by written affidavits verified by oath or affirmation. Such affidavits shall be considered in determining whether there is probable cause for the issuance of a search warrant and in filling out deficiencies in the description of the property or places to be searched. Oral testimony shall not be considered.
The Municipal Judge shall hold a non-adversary hearing to determine whether sufficient facts have been stated to justify the issuance of a search warrant. If it appears from the application and any supporting affidavits that there is probable cause to inspect or search for violations of any specified provision of the City of Florissant ordinances, a search warrant shall immediately be issued to search for such violations. The warrant shall be issued in the form of an original and two (2) copies.
The application and any supporting affidavits and a copy of the warrant shall be retained in the records of the court.
The search warrant shall:
Be in writing and in the name of the issuing authority;
Be directed to any City of Florissant Police Officer;
State the time and date the warrant is issued;
Identify the property or places to be searched in sufficient detail and particularly that the officer executing the warrant can readily ascertain it;
Command that the described property or places be searched and that any photographs of violations found thereon or therein be brought, within ten (10) days after filing of the application, to the judge who issued the warrant to be dealt with according to law; and
Be signed by the judge, with his/her title of office indicated.
A search warrant issued under this Section may be executed only by a Florissant Police Officer who may be accompanied by other appropriate City employees or officials. The warrant shall be executed by conducting the search commanded.
A search warrant shall be executed as soon as practicable and shall expire if it is not executed and the return made within ten (10) days after the date of the making of the application.
After execution of the search warrant, the warrant, with a return thereon signed by the officer making the search, shall be delivered to the judge who issued the warrant. The return shall show the date and manner of execution and the name of the possessor and of the owner of the property or places searched, when he/she is not the same person, if known.
A search warrant shall be deemed invalid:
If it was not issued by the Municipal Judge for the City of Florissant; or
If it was issued without a written application having been filed and verified; or
If it was issued without probable cause; or
If it was not issued with respect to property or places within the jurisdiction of the Chapter on which the ordinance violation was based; or
If it does not describe the property or places to be searched with sufficient certainty; or
If it is not signed by the judge who issued it;
If it was not executed within ten (10) days after the date upon which the application therefore was made.
[Ord. No. 7973 §1, 6-25-2013]
A fee of twenty dollars ($20.00) shall be imposed to prepare and process all posted bonds.