The ordinance provisions embraced in this and the following chapters and sections shall constitute and be designated as the Code of the City of Chesterfield, Missouri, and may be so cited. Such provisions may also be cited as the Chesterfield City Code.
State law references — Ordinances to conform to state law, RSMo. § 71.010; Mayor shall enforce ordinances, RSMo. § 77.350; Council may make ordinances and establish penalties for violation, RSMo. § 77.590; printed volume of ordinances to be evidence in state courts, RSMo. § 490.240.
[Ord. No. 524, § 1, 11-19-1990]
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 City" or "this City" shall mean the City of Chesterfield, Missouri.
- CITY COUNCIL
- The words "City Council" or "the Council" shall mean the City Council of Chesterfield.
- COMPUTATION OF TIME
- The time within which an act is to be done shall be computed by excluding the first day and including the last. If the last day is Sunday it shall be excluded.
- The words "the County" or "this County" shall mean the County of St. Louis, State of Missouri.
- DELEGATION OF AUTHORITY
- Whenever a provision of this Code requires or authorizes an officer or employee of the City to do some act or perform some duty, it shall be construed to authorize the officer or employee to designate, delegate and authorize subordinates to perform the act or duty unless the terms of the provisions shall designate otherwise.
- When any subject matter, party or person is described or referred to by words importing the masculine gender, 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.
- 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. In like manner, words importing the plural shall include the singular.
- The word "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."
- The word "offense" shall mean a violation of this Code.
- OFFICERS, ETC
- A reference to any Officer, Board, Commission, Department or other Agency shall be deemed to be followed by the words "of the City of Chesterfield, Missouri."
- 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.
- The word "person" shall include a corporation, firm, partnership, association, organization and any other group acting as a unit as well as to an individual. It shall also include an executor, administrator, trustee, receiver or other representative appointed according to law. Whenever the word "person" is used in any section of this Code prescribing a penalty or fine as to partnerships or associations, the word shall include the partners or members thereof and, as to corporations, the word shall include the officers, agents or members thereof who are responsible for any violation of such section.
- PERSONAL PROPERTY
- The term "personal property" shall include money, goods, chattels, things in action and evidences of debt.
- PRECEDING, FOLLOWING
- The words "preceding" and "following" shall mean next before and next after, respectively.
- The word "property" shall include real property and tangible and intangible personal property.
- PUBLIC WAY
- The words "public way" shall include any street, alley, boulevard, parkway, highway, sidewalk or other public thoroughfare.
- REAL PROPERTY
- The terms "real property," "premises," "real estate" and "lands" shall be deemed to be coextensive with lands, tenements and hereditaments.
- The letters "RSMo" shall mean the latest published edition of the Revised Statutes of Missouri and all amendments thereto.
- SHALL, MAY
- The word "shall" is mandatory, and the word "may" is permissive.
- The word "sidewalk" shall mean 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.
- Where the written signature of any person is required, the proper handwriting of such person or his mark shall be intended.
- The words "the State" or "this State" shall mean the State of Missouri.
- STREET OR HIGHWAY
- The word "street" or "highway" shall mean every way or place open for vehicular travel by the public, regardless of its legal status and regardless of whether it has been legally established by constituted authority or been used as a public highway.
- TANGIBLE PERSONAL PROPERTY
- The term "tangible personal property" shall include goods, chattels and all personal property except intangible personal property.
- 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.
- The use of any verb in the present tense shall include the future when applicable.
- WRITING AND WRITTEN
- The words "writing" and "written" shall include printing, lithographing or any other mode of representing words and letters.
- The word "year" shall mean a calendar year, unless otherwise expressed, and the word "year" shall be equivalent to the words "year of our Lord."
State law reference — Similar provisions, RSMo. § 1.040.
State law reference — Similar provisions, RSMo. § 1.030(2).
State law reference — Similar provisions, RSMo. § 1.050.
State law reference — Similar provisions, RSMo. § 1.020(9).
State law reference — Similar provisions, RSMo. § 1.030(2).
State law reference — Parties may affirm, when, RSMo. § 492.030.
State law references — "Person" defined, RSMo. § 1.020(10); administration of decedents' estates, RSMo. § 473.010 et seq.
State law reference — Similar provisions, RSMo. § 1.020(11).
State law reference — Similar provisions, RSMo. § 1.020(13).
State law reference — Similar provisions, RSMo. § 1.020(14).
State law reference — Similar provisions, RSMo. § 1.020(15).
State law reference — Similar provisions, RSMo. § 300.010(31).
State law reference — Similar provisions, RSMo. § 300.010(35).
State law reference — Similar provisions, RSMo. § 1.020(11).
State law reference — Similar provisions, RSMo. § 1.020(20).
State law reference — Similar provisions, RSMo. § 1.020(9).
All general provisions, terms, 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.
State law reference — Construction of Statutes generally, RMSo. § 1.010 et seq.
The catchlines of the several sections of this Code printed in boldface are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such section, nor 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.
The provisions appearing in this Code, so far as they are the same as those of ordinances existing at the time of the effective date of this Code, shall be considered as a continuation thereof and not as new enactments.
[Ord. No. 19, § 1, 6-1-1988]
It is hereby declared to the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of the Chesterfield Code are severable and if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional otherwise invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect the validity of the remaining portions of these ordinances. The City Council of Chesterfield, Missouri, hereby declares that it would have passed the same, even though such portions so held to be unconstitutional had not been included therein.
[Ord. No. 2, §§ 1, 2, 6-1-1988; Ord. No. 146, §§ 1, 2, 8-15-1988]
The style of the ordinances of the City shall be: "Be it ordained by the Council of the City of Chesterfield, as follows:" No ordinance shall be passed except by bill, and no bill shall become an ordinance unless on its final passage a majority of the members elected to the Council shall vote therefor, and the ayes and nays shall be entered on the journal. Every proposed ordinance shall be introduced to the Council in writing and shall be read by title or in full two (2) times prior to passage, both readings may occur at a single meeting of the Council. If the proposed ordinance is read by title only, copies of the proposed ordinance shall be made available for public inspection prior to the time the bill is under consideration by the Council. No bill shall become an ordinance until it shall have been signed by the officer presiding at the meeting of the Council at which it shall have been passed. When so signed, it shall be delivered to the Mayor for his approval and signature, or his veto.
Whenever any ordinance or part of any 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 has continued in force, unless it shall be therein otherwise expressly provided.
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.
[Ord. No. 87, § 1, 6-1-1988; Ord. No. 2201, § 1, 9-19-2005; Ord. No. 2423, § 1, 1-23-2008]
Except as hereinafter provided, whenever in any rule, regulation or order promulgated pursuant to such ordinances of the city, any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor pursuant to ordinances passed prior to the date of the enactment of this ordinance, or whenever in such city ordinance, rule, regulation or order the doing of any act is required or the failure to do any act is declared to be unlawful by any ordinance passed prior to the date of the enactment hereof, or where no specific penalty is provided therefore, or any future rule, regulation or order promulgated pursuant to such ordinances of the city, or any act is prohibited or is made or declared to be unlawful, or an offense or a misdemeanor or whenever in such city ordinances, rules, regulations, or the doing of any act is required or the failure to do any act is declared to be unlawful or where no specific penalty is provided there, the violations of any such ordinances of the city or of any rule, regulation, or order promulgated pursuant to such city ordinance shall be punished by a fine of not less than five dollars ($5.00) and not more than one thousand dollars ($1,000.00) or by imprisonment for a period not to exceed three (3) months or by both such fine and imprisonment.
Whenever any provision of the Revised Statutes of Missouri or other statute of the State limits the authority of the City to punish the violation of any particular provision of these ordinances or rules, regulations or orders promulgated pursuant thereto to a fine of less amount than that provided in this section or imprisonment for a shorter term than that provided in this section, the violation of such particular provision of these ordinances or rules, regulations or orders shall be punished by the imposition of not more than the maximum fine or imprisonment so authorized, or by both such fine and imprisonment.
Whenever any provision of the Revised Statutes of Missouri or other statute of the State establishes a penalty differing from that provided by this section, for an offense similar to any offense established by these ordinances, rules, regulations or other orders of the City, the violation of such City law, ordinance, rule, regulation or order shall be punished by the fine or imprisonment established for such similar offense by such State law.
Each day any violation of these ordinances, rules, regulations or order promulgated pursuant thereto, shall continue shall constitute a separate offense, unless otherwise provided.
By contract or by City personnel, supplements to this Code shall be prepared and printed whenever authorized or directed by the City Council. A supplement to the Code shall include all substantive permanent and general parts of ordinances passed by the 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.
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.
When preparing a supplement to this Code, the codifier (meaning the person, agency or organization authorized to prepare the supplement) may make formal, nonsubstantive 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:
Organize the ordinance material into appropriate subdivisions;
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;
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;
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); and
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.
It shall be unlawful for any person in the City 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 of Chesterfield to be misrepresented thereby. Any person, firm, or corporation violation this section shall be punished as provided in Section 1-8 hereof.
Every person who commits, attempts to commit, conspires to commit, or aids or abets in the commission of any act declared herein to be unlawful or any offense or a misdemeanor, whether individually or in connection with one or more other persons or as principal, agent or accessory, shall be guilty of such unlawful act or offense or misdemeanor, and every person who falsely, fraudulently, forcibly or willfully induces, causes, coerces, requires, permits or directs another to violate any provision hereof shall likewise be guilty.
Nothing contained in this Code of Ordinances or the ordinance adopting this Code shall be construed to repeal or otherwise affect the following:
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;
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;
Any ordinance fixing salaries or other compensation of officers, employees or special counsel of the City not inconsistent with such Code;
Any appropriation ordinance;
Any right or franchise granted by the City Council to any person, firm or corporation;
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;
Any ordinance establishing and prescribing the street grades of any street in the City;
Any ordinance providing for local improvements or assessing taxes therefor;
Any ordinance dedicating or accepting any plat or subdivision in the City;
Any ordinance establishing traffic regulations for specific streets or portions thereof, not inconsistent with this Code;
Any ordinance annexing property to the City;
Any rezoning Ordinance of the City;
Any ordinance levying taxes, not in conflict or inconsistent with the provisions of this Code;
Any other ordinance, or part thereof, which is not of a general and permanent nature; and all such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length in this Code. Such ordinances are on file in the City Clerk's office.