State Law References: Ordinances to conform to state law, § 71.010, RSMo.; mayor shall enforce ordinances, § 77.350, RSMo.; council may make ordinances and establish penalties for violation, § 77.590, RSMo.; printed volume of ordinances to be evidence in state courts, § 490.240, RSMo.
[CC 1990 § 1-1]
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."
[CC 1990 § 1-2; Ord. No. 524 § 1, 11-19-1990]
A. 
In the construction of this Title 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:
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" 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.[1]
COUNTY
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 Title 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.
GENDER
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.[2]
JOINT AUTHORITY
Words importing joint authority to three (3) or more persons shall be construed as authority to a majority of the persons, unless otherwise declared in the law giving the authority.[3]
MINOR TRAFFIC VIOLATION
A Municipal Traffic Code violation prosecuted that does not involve an accident or injury, that does not involve the operation of a commercial motor vehicle, and for which no points are assessed by the Department of Revenue or the Missouri Department of Revenue is authorized to assess one (1) to four (4) points to a person's driving record upon conviction. "Minor traffic violation" shall include amended charges for any minor traffic violation. "Minor traffic violation" 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.
MONTH
A calendar month.[4]
MUNICIPAL ORDINANCE VIOLATION
A Municipal Code violation prosecuted for which penalties are authorized by Statute under Sections 67.398, 71.285, 89.120, and 89.490, RSMo. The term "municipal ordinance violation" shall include amended charges for municipal ordinance violations.
NUMBER
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 females as well as males, and bodies corporate as well as individuals, are included.[5]
OATH
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."[6]
OFFENSE
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."
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.
PERSON
The word "person" may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations.[7]
PERSONAL PROPERTY
Includes money, goods, chattels, things in action and evidences of debt.[8]
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.[9]
PROPERTY
Includes real and personal property.[10]
PUBLIC WAY
Includes 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 co-extensive with lands, tenements and hereditaments.[11]
RSMO.
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.
SIGNATURE
Where the written signature of any person is required, the proper handwriting of such person or his/her mark shall be intended.
STATE
The words "the State" or "this State" shall mean the State of Missouri.
STREET OR HIGHWAY
The entire width between the lines of every way publicly maintained when any part thereof is open to the uses of the public for purposes of vehicular travel. "State highway," a highway maintained by the State of Missouri as a part of the State highway system.
TENANT, 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.
TENSE
The use of any verb in the present tense shall include the future when applicable.
WRITING AND WRITTEN
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.[12]
YEAR
A calendar year, unless otherwise expressed and the word "year" shall be equivalent to the words "year of our Lord."[13]
[1]
State Law Reference: Similar provisions, § 1.040, RSMo.
[2]
State Law Reference: Similar provisions, § 1.030(2), RSMo.
[3]
State Law Reference: Similar provisions, § 1.050, RSMo.
[4]
State Law Reference: Similar provisions, § 1.020(11), RSMo.
[5]
State Law Reference: Similar provisions, § 1.030(2), RSMo.
[6]
State Law Reference: Parties may affirm, when, § 492.030, RSMo.
[7]
State Law References: "Person" defined, § 1.020(12), RSMo.; administration of decedents' estates, §§ 473.010 et seq., RSMo.
[8]
State Law Reference: Similar provisions, § 1.020(13), RSMo.
[9]
State Law Reference: Similar provisions, § 1.020(15), RSMo.
[10]
State Law Reference: Similar provisions, § 1.020(16), RSMo.
[11]
State Law Reference: Similar provisions, § 1.020(15), RSMo.
[12]
State Law Reference: Similar provisions, § 1.020(22), RSMo.
[13]
State Law Reference: Similar provisions, § 1.020(9), RSMo.
B. 
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.[14]
[14]
State Law References: Construction of statutes generally, §§ 1.010 et seq., RSMo.
[CC 1990 § 1-3]
A. 
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.
B. 
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.
[CC 1990 § 1-4; Ord. No. 19 § 1, 6-1-1988]
It is hereby declared to be 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 or 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.
[CC 1990 § 1-5; 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/her approval and signature or his/her veto.
[1]
Cross Reference: As to City attorney to approve all contracts, ordinances and resolutions as to legal form prior to passage and approval, § 120.170(A)(5).
[CC 1990 § 1-6]
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.
[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.
[CC 1990 § 1-8; Ord. No. 87 § 1, 6-1-1988; Ord. No. 2201 § 1, 9-19-2005; Ord. No. 2423 § 1, 1-23-2008]
A. 
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 Section 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 therefor 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 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.
B. 
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.
C. 
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.
D. 
Each day any violation of these ordinances, rules, regulations or orders promulgated pursuant thereto shall continue shall constitute a separate offense, unless otherwise provided.
E. 
Minor Traffic Violations. Notwithstanding anything to the contrary herein, no punishment for a minor traffic violation as defined by Section 100.020 of this Municipal Code shall:
1. 
Impose a fine, when combined with the amount of court costs, that exceeds two hundred twenty-five dollars ($225.00);
2. 
Be punishable by imprisonment, unless the violation involved:
a. 
Alcohol or controlled substances;
b. 
Endangered the health and welfare of others; or
c. 
Involved eluding or giving false information to a Law Enforcement Officer.
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 (E)(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.
F. 
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 100.020 of this Municipal Code shall impose a fine, when combined with the amount of court costs, that exceeds:
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;
2. 
Be punishable by imprisonment, unless the violation involved:
a. 
Alcohol or controlled substances;
b. 
Endangered the health and welfare of others; or
c. 
Involved eluding or giving false information to a Law Enforcement Officer.
3. 
Place a person convicted of a municipal ordinance 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 (F)(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.
[1]
Cross Reference: As to prosecution of the same offense where different penalties exist, § 130.090.
State Law References: Authority of City to prescribe penalties, §§ 77.590, 546.902, RSMo.
[CC 1990 § 1-9]
A. 
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.
B. 
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.
C. 
When preparing a supplement to this Code, the codifier (meaning the person, agency or organization authorized to prepare the supplement) may make formal, non-substantive 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:
1. 
Organize the ordinance material into appropriate Sections;
2. 
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;
3. 
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;
4. 
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
5. 
Make other non-substantive 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.
[CC 1990 § 1-10]
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 100.080 hereof.
[CC 1990 § 1-11]
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 (1) 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.