City of St. John, MO - Better Together St. Louis

5/15/2015

City of St. John, MO

City of St. John, MO Friday, May 15, 2015

Adopting Ordinance AO. Adopting Ordinance AO

Charter Chapter C. City of St. John Charter FORWARD On November 7, 1972, the voters of the Village of St. John elected thirteen (13) members to serve and establish a Charter Commission to prepare a Home Rule Charter for our Village. The Commission has met weekly since November and has received suggestions and advice from interested citizens, governmental officials and selected consultants and experts on the various forms of government. Before the Commission made any final decision, it held several public meetings at which time interested citizens were invited to appear and express their views and opinions. It was very gratifying to the Commission to acknowledge and to accept the suggestions of many interested and concerned residents, who recognized that a more representative and responsive form of government was in order but at the same time demonstrated opposition to any tax increase. The Commission has endeavored to formulate this Charter in keeping with these wishes. Credit must be given to the Board of Trustees of St. John for initiating the Charter election and for their help in providing accurate information concerning Village finances, operation, and work programs. This proposed Charter for the Village of St. John, together with an introduction, is respectfully presented by the Charter Commission for the consideration of the people of St. John. On Tuesday, October 9, 1973, at a special election, voters of the City of St. John voted to accept the Charter as proposed by the Charter Commission. On January 20, 1973, the City Council enacted Ordinance No. 36 (changing the election date to the first Tuesday in April) and Ordinance No. 37 (subjecting the right of a regularly nominated candidate to appoint watchers and challengers to approval of the election authorities). On February 17, 1975, the Council enacted Ordinance No. 42 (revising the appointment, vacancies, organization, and powers and duties of the City Planning and Zoning Board). On April 1, 1975, the above three (3) amendments to the Charter were submitted to the voters and were passed. On December 12, 1975, the Charter Commission was formed by Ordinance No. 73 with an election date by the voters of April, 1976. On January 19, 1975, Ordinance No. 80 was passed by the Council changing the date of election from April, 1976, to November, 1976. In October, 1976, the Charter Commission, after ten months of deliberation submitted to the City Clerk thirteen (13) proposed changes to the Charter which they felt were necessary for the betterment of St. John. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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These thirteen (13) changes were submitted to the voters of the City on November 2, 1976; six (6) of these amendments were passed by the voters: Proposition 4 - amending Section 2.16(B) authorizing codification of resolutions and City ordinances yearly and removing restrictions to place them in libraries. Proposition 6 - amending Section 4.01(B) by requiring all appointments by the City Manager to be made with approval of Council. Proposition 8 - amending Section 4.03 providing that the legal officer be a licensed member of the Missouri Bar and appointed by the Council. Proposition 10 - amending Section 5.05(A) (B)(2) changing the Five (5) Year Capital Program to Three (3) Year Capital Program. Proposition 11 - amending Section 5.09(D) changing authorization of transfer of appropriations from City Manager to City Council. Proposition 13 - amending Section 6.01(1) and (2) changing the designation of the Director of the Planning Department to the City Manager who shall advise the City Council on all matters affecting the physical development of the City and the Comprehensive Plan and modifications thereof. Six (6) changes were submitted to the voters of the City on November 4, 1986; two (2) of these amendments were passed by the voters: Amendment #4 - amending Section 2.06(c) authorizing the Council to fill a Council vacancy by appointment for the remainder of the unexpired term by a majority vote of all remaining Council members. Amendment #6 - amending Section 2.13(c) allowing ordinances duly passed by the Council to become effective immediately from and after their date of adoption or at any later date specified therein. Two (2) changes were submitted to the voters of the City on February 6, 1990, one (1) of the amendments was passed by the voters: Amendment #1 - amending Section 2.05(d) to allow the Mayor and/or Councilperson to serve no more than four (4) consecutive terms in office. On May 19, 2003, Ordinance No. 767 was passed by the Council amending the salary of the Councilmen and Mayor from $25.00 to $150.00 per month in Section 2.03 of this Charter. In Supp. #9, 8/04, the City included the ward descriptions for the two (2) wards and the map of same which had been inadvertently left out of the initial printing of this Charter. INTRODUCTION The preparation of a Home Rule Charter for the Village of St. John was an extremely important task. Your Charter Commission started its work by studying and analyzing the needs of our community and later reviewing and learning about all the latest developments in modern government which would be of special benefit to St. John. Your Commission has framed a House Rule Charter to set up a structure of government which will adhere to the following basic principles: 1. This Charter provides for efficient and honest government without regard to politics and favoritism. 2. Ultimate authority rests in the hands of the citizens who elect the Council and possess the power of the initiative, the referendum and the power of amendment. 3. Powers of the City are vested in an elected Council of seven (7) members, one of which is the Mayor, who is elected at large. 4. The Council employs a City Manager who holds office at the Council's pleasure. The Council can replace him at any time and for any reason. 5. The City Manager serves as a full-time officer of the City. He appoints and supervises the heads of all operating departments or serves as the head himself, prepares and submits the annual budget, attends all Council meetings without a vote and recommends much of the business of the Council. 6. A Mayor is elected at large and presides at all Council meetings, retains his vote, but has no veto or other powers. He is recognized as ceremonial head of the City Government. 7. Elections of the Council are non-partisan with three (3) Councilmen elected from each of two (2) Wards. 8. There are no elected officials other than the Council. 9. A post-audit of all expenditures is provided by the appointment of a certified public accountant or a firm of professional auditors by the Council. CITY OF ST. JOHN CHARTER http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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Article I. Powers of the City Section 1.01. Powers of the City. The City shall have all the powers possible for a City to have under the Constitution and laws of this State as fully and completely as though they were specifically enumerated in this Charter.

Section 1.02. Construction. The powers of the City under this Charter shall be construed liberally in favor of the City, and the specific mention of particular powers in the Charter shall not be construed as limiting in any way the general powers stated in this Article.

Section 1.03. Intergovernmental Relations. The City may exercise any of its powers or perform any of its functions and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise, with the State of Missouri or civil divisions or agencies thereof, or other municipalities, or the United States or any agency thereof.

Article II. City Council Section 2.01. Composition; Eligibility; Election and Terms. A.

Composition. There shall be a City Council of seven (7) members, three (3) Councilmen, elected from each of two (2) Wards of equal population of the City, and a Mayor elected at large.

B.

Eligibility. Only qualified voters of the City, twenty-one (21) years of age or older and a resident of the Village for one (1) year or more and who reside in the Ward in which filing for office.

C.

Election and Terms. The regular election of Councilmen shall be held on the first Tuesday after the first Monday in April of each year, in the manner provided in Article VII. At the first election under this Charter six (6) Councilmen shall be elected; the one (1) candidate receiving the greatest number of votes in each Ward shall serve for a term of three (3) years, and the candidate receiving the next greatest number of votes shall serve for a term of two (2) years, and the candidate receiving the next greatest number of voters shall serve for a term of one (1) year. Commencing at the next regular election and at all subsequent regular elections, one (1) Councilman shall be elected for three (3) years from each Ward; the terms of Councilmen shall begin and end on the first regular meeting of the Council after the annual election.

Section 2.02. Mayor. At the first regular election after the adoption of this Charter a Mayor shall be elected at large by the qualified voters of the City for a term of three (3) years. The Mayor shall be a member of the Council. In http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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addition, he shall preside at regular meetings of the Council, shall be recognized as head of the City Government for all ceremonial purposes and by the Governor for purposes of military law but shall have no administrative duties. The Council shall elect from among its members, a Deputy Mayor who shall act as Mayor during the absence or disability of the Mayor.

Section 2.03. Compensation; Expenses. [Ord. No. 767 § 1, 5-19-2003; Ord. No. 990 §§ 1—2, 8-20-2012] After the effective date of this Charter, each Councilman and the Mayor shall receive one hundred fifty dollars ($150.00) per month salary. To be eligible to receive this compensation, each Councilman and Mayor must attend at least one (1) regularly scheduled meeting each month unless they have been excused by the Mayor. Councilmen shall receive their actual and necessary expenses incurred in the performance of their duties of office. Receipts for actual and incurred expenses will be required.

Section 2.04. General Powers and Duties. All powers of the City shall be vested in the Council, except as otherwise provided by law or this Charter, and the Council shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the City by law.

Section 2.05. Prohibitions. [Amended by Ord. No. 375 § 1, 11-20-1989] A.

Holding Other Office. Except where authorized by law, no Councilman or the Mayor shall hold any other City office or employment during the term for which he was elected to the Council, and no former Councilman or Mayor shall hold any compensated appointive City office or employment until one (1) year after the expiration of the term for which he was elected to the Council.

B.

Appointments and Removals. Neither the Council nor any of its members shall in any manner dictate the appointment or removal of any City Administrative Officers or Employees whom the Manager or any of his subordinates are empowered to appoint, but the Council may express its views and fully and freely discuss with the Manager anything pertaining to appointment and removal of such officers and employees.

C.

Interference with Administration. Except for the purpose of injuries and investigations under Section 2.09, the Council or its members shall deal with City Officers and Employees who are subject to the direction and supervision of the Manager solely through the Manager, and neither the Council nor its members shall give orders to any such officer or employee, either publicly or privately.

D.

No elected official shall serve more than four (4) consecutive terms; provided however, that for purposes of computing said four (4) consecutive terms the Mayor and any Council member currently in office by election shall be deemed to be serving their first (1st) such term; further provided however, that any term of Mayor or Councilman by appointment to fill a vacancy on the City Council shall not be deemed a term for purposes of this Section.

Section 2.06. Vacancies; Forfeiture of Office; Filling of Vacancies. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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[Amended by Ord. No. 268, 8-4-1986] A.

Vacancies. The office of a Councilman or Mayor shall become vacant upon his death, resignation, removal from office in any manner authorized by law or forfeiture of his office.

B.

Forfeiture of Office. A Councilman or Mayor shall forfeit his office if he (1) lacks at any time during his term of office any qualification for the office prescribed by this Charter or by law, (2) violates any express prohibition of this Charter, (3) is convicted of a crime involving moral turpitude, or (4) fails to attend three (3) consecutive regular meetings of the Council without being excused by the Council.

C.

Filling of Vacancies. A vacancy in the Council shall be filled by appointment for the remainder of the unexpired term, by a majority vote of all remaining Council members. If the Council fails to do so within thirty (30) days following the occurrence of the vacancy, the election authorities shall call a special election to fill the vacancy to be held not sooner than ninety (90) days and not later than one hundred twenty (120) days following the occurrence of the vacancy and to be otherwise governed by the provisions of Article VII. Notwithstanding the requirement in Section 2.11(C) that a quorum of the Council consists of four (4) members, if at any time the membership of the Council is reduced to less than four (4), the remaining members may by majority action appoint additional members to raise the membership to four (4). Whenever three (3) or more vacancies exist simultaneously in the office of Councilman, the City Clerk, within ten (10) days thereafter, shall make arrangements for the necessary special election to be held as soon as legally possible, to fill such vacancies for the unexpired terms of the said elective officers.

Section 2.07. Judge of Qualifications. The Council shall be the judge of the qualification of its members of the grounds for forfeiture of their office and for that purpose shall have power to subpoena witnesses, administer oaths and require the production of evidence. A member charged with conduct constituting grounds for forfeiture of his office shall be entitled to a public hearing on demand, and notice of such hearing shall be published in one (1) or more newspapers of general circulation in the City at least one (1) week in advance of the hearing. Decisions made by the Council under this Section shall be subject to review by the courts.

Section 2.08. City Clerk. The Council shall appoint a resident of the City who shall have the title of City Clerk. The City Clerk shall give notice of Council meetings to its members and the public, keep the journal of its proceedings and perform such other duties as are assigned to him by this Charter or the City Manager by the authority of the Council.

Section 2.09. Investigations. The Council may make investigations into the affairs of the City and the conduct of any City department, office or agency and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the Council shall be guilty of a misdemeanor and punishable by a fine of not more than one hundred dollars ($100.00).

Section 2.10. Independent Audit. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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The Council shall provide for an independent annual audit of all City accounts and may provide for such more frequent audits as it deems necessary. Such audits shall be made by a certified public accountant or firm of such accountants who have no personal interest, direct or indirect, in the fiscal affairs of the City Government or any of its officers. The Council may, without requiring competitive bids, designate such accountant or firm annually or for a period not exceeding three (3) (3) years, provided that the designation for any particular fiscal year shall be made no later than thirty days after the beginning of such fiscal year. If the State makes such an audit, the Council may accept it as satisfying the requirements of this Section.

Section 2.11. Procedure. A.

Meetings. The Council shall meet regularly at least twice in every month at such times and places as the Council may prescribe by rule. Special meetings may be held on the call of the Mayor or of four (4) or more members and, whenever practicable, upon no less than twelve (12) hours' notice to each member. All meetings shall be public; however, the Council may recess for the purpose of discussing in a closed or executive session limited to its own membership any matter which would tend to defame or prejudice the character or reputation of any person, provided that the general subject matter for consideration is expressed in the motion calling for such session and that final action thereon shall not be taken by the Council until the matter is placed on the agenda.

B.

Rules and Journal. The Council shall determine its own rules and order of business and shall provide for keeping a journal of its proceedings. This journal shall be a public record.

C.

Voting. Voting, except on procedural motions, shall be by roll call and the ayes and nays shall be recorded in the journal. Four (4) members of the Council shall constitute a quorum, but a smaller number may adjourn from time to time and may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the Council. No action of the Council, except as otherwise provided in the preceding sentence and in Section 2.06, shall be valid or binding unless adopted by the affirmative vote of four (4) or more members of the Council.

Section 2.12. Action Requiring an Ordinance. In addition to other acts required by ordinance or by specific provision of this Charter to be done by ordinance, those acts of the City Council shall be by ordinance which: 1.

Appoint or amend an administrative code or establish, alter or abolish any City department, office or agency.

2.

Provide for a fine or other penalty or establish a rule or regulation for violation of which a fine or other penalty is imposed.

3.

Levy taxes as otherwise provided in Article V with respect to the property tax levied by adoption of the budget, but that the property tax shall not exceed fifty cents ($0.50) per one hundred dollars ($100.00) assessed valuation.

4.

Grant, renew or extend a franchise.

5.

Authorize the borrowing of money for any purpose necessary to the exercise of any power granted by this Charter and/or by the Constitution and the laws of the State of Missouri.

6.

Convey or lease or authorize the conveyance or lease of any lands of the City.

7.

Obligate the City under any contract with another Municipality, State or Federal agency.

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8.

Affect zoning or land use of any real property in the Village.

9.

Regulate businesses or merchants of the City.

10. Adopt with or without amendment ordinances proposed under the initiative power. 11.

Amend or repeal any ordinance previously adopted, under this Charter or the Village of St. John, except as otherwise provided in Article VIII with respect to repeal of ordinances reconsidered under the referendum power.

12. Issue, sell, pledge, or in any manner dispose of negotiable or non-negotiable, interest bearing or noninterest bearing bonds or notes of the City, upon the credit of the City, or solely upon the credit of the proceeds of special assessments for local improvements, or upon any two (2) or more such credits. 13. 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. 14. Make public improvements and acquire by condemnation or otherwise property or any interest therein within or without the corporate limits necessary for such improvements. Acts other than those referred to in this preceding sentence may be done either by ordinance or by resolution.

Section 2.13. Ordinances in General. [Amended by Ord. No. 268, 8-4-1986] A.

Form. Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain more than one (1) subject and shall be clearly expressed in its title. The enacting clause shall be "Be it ordained by the Council of the City of St. John as follows:". Any ordinance which repeals or amends an existing ordinance or part of the City Code shall set out in full the ordinance, Sections or Subsections to be repealed or amended, and shall indicate matter to be omitted by enclosing it in brackets or by strike-out and shall indicate new matter by underscoring or by italics.

B.

Procedure. An ordinance may be introduced by any member at any regular or special meeting of the Council. Upon introduction of any ordinance, the City Clerk shall distribute a copy to each Council member and to the City Manager, shall file a reasonable number of copies in the office of City Clerk and such other public places as the Council may designate. Each ordinance before passage shall require three (3) readings, one (1) in its entirety at a regular scheduled meeting of the Council, at which time all persons interested shall have an opportunity to be heard. No ordinance shall be given three (3) readings at any one (1) meeting of the Council without the unanimous consent of all members of the Council. The Council may adopt the ordinance with or without amendment or reject it, but if it is amended as to any matter of substance, the Council may not adopt it until the next regularly scheduled meeting of the Council. A majority vote of the Council is necessary for the adoption of any ordinance.

C.

Effective Date. Except as otherwise provided in this Charter, every adopted ordinance shall become effective from and after its date of adoption or at any later date specified therein.

Section 2.14. Emergency Ordinances. To meet a public emergency affecting life, health, property or the public peace, the Council may adopt one or more emergency ordinances, but such ordinances may not levy taxes, grant, renew or extend a franchise, http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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or authorize the borrowing of money except as provided in Subsection 5.09(B). An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the unanimous vote of the Councilmen present shall be required for adoption. After its adoption the ordinance shall be published and printed as prescribed for other adopted ordinances. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance except one made pursuant to Subsection 5.09(B) shall automatically stand repealed as of the sixty-first (61st) day following the date on which it was adopted, but this shall not prevent re-enactment of the ordinance in the manner specified in this Section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this Section for adoption of emergency ordinances.

Section 2.15. Codes of Technical Regulations. A.

B.

The council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such an adopting ordinance shall be as prescribed for ordinances generally except that: 1.

The requirements of Section 2.13(B) for distribution and filing of copies of the proposed ordinance shall be construed to include copies of the Code of Technical Regulations as well as of the adopting ordinance, and

2.

A copy of each adopted Code of Technical Regulations as well as of the adopting ordinance shall be authenticated and recorded by the City Clerk pursuant to Subsection 2.16(A).

Copies of any adopted Code of Technical Regulations shall be made available by the City Clerk for distribution or for purchase at a reasonable price.

Section 2.16. Authentication and Recording — Codification — Printing. A.

Authentication and Recording. The City Clerk shall authenticate by his signature and record in full in a properly indexed book, kept for the purpose, all ordinances and resolutions adopted by the Council.

B.

Codification. Within one (1) year after adoption of this Charter and at least every year thereafter, the Council shall provide for the preparation of a general codification of all City ordinances and resolutions having the force and effect of law. The general codification shall be adopted by the Council by ordinance and shall be published promptly in bound or loose-leaf form, together with this Charter and any amendments thereto, pertinent provisions of the Constitution and other laws of the State of Missouri, and such codes of technical regulations and other rules and regulations as the Council may specify. This compilation shall be known and cited officially as the St. John City Code. Copies of the Code shall be furnished to City Officers and public offices for free public reference and made available for purchase by the public at a reasonable price fixed by the Council.

C.

Printing of Ordinances and Resolutions. The Council shall cause each ordinance and resolution having the force and effect of law and each amendment to this Charter to be printed promptly following its adoption, and the printed ordinances, resolutions and Charter amendments shall be distributed or sold to the public at reasonable prices to be fixed by the Council. Following publication of the first St. John City Code and at all times thereafter, the ordinances, resolutions and Charter amendments shall be printed in substantially the same style as the Code currently in effect and shall be suitable in form for


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integration therein. The Council shall make such further arrangements as it deems desirable with respect to reproduction and distribution of any current changes in or additions to the provisions of the Constitution and other laws of the State of Missouri, or the Codes of Technical Regulations and other rules and regulations included in the Code.

Article III. City Manager Section 3.01. Appointment; Qualifications; Compensation. The Council shall appoint a City Manager for an indefinite term and fix his compensation. The Manager shall be appointed solely on the basis of his executive and administrative qualifications. He need not be a resident of the City or State at the time of his appointment but he may reside outside the City while in office only with the approval of the Council.

Section 3.02. Removal. The Council may remove the Manager from office in accordance with the following procedures: 1.

The Council shall adopt by affirmative vote of a majority of all its members a preliminary resolution which must state the reasons for removal and may suspend the Manager from duty for a period not to exceed forty-five (45) days. A copy of the resolution shall be delivered promptly to the Manager.

2.

Within five (5) days after a copy of the resolution is delivered to the Manager, he may file with the Council a written request for a public hearing. This hearing shall be held at a Council meeting not earlier than fifteen (15) days nor later than thirty (30) days after the request is filed. The Manager may file with the Council a written reply not later than five (5) days before the hearing.

3.

The Council may adopt a final resolution of removal, which may be made effective immediately, by an affirmative vote of a majority of all its members at anytime after five (5) days from the date when a copy of the preliminary resolution was delivered to the Manager, if he has not requested a public hearing, or at any time after the public hearing if he has requested one. The Manager shall continue to receive his salary until the effective date of a final resolution of removal. The action of Council in suspending or removing the Manager shall be subject to review by any court or agency.

Section 3.03. Acting City Manager. By letter filed with the City Clerk the Manager shall designate, subject to approval of the Council, a qualified City Administrative Officer to exercise the powers and perform the duties of Manager during his temporary absence or the disability. During such absence or disability, the Council may revoke such designation at any time and appoint another officer to serve until the Manager shall return or his disability shall cease.

Section 3.04. Powers and Duties of the City Manager. The City Manager shall be the Chief Administrative Officer of the City. He shall be responsible to the Council for the administration of all City affairs placed in his charge by or under this Charter. He shall have the http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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following powers and duties: 1.

He shall appoint and, when he deems it necessary for the good of the service, suspend or remove all City employees and appointive administrative officers provided for by or under this Charter, except as otherwise provided by law, this Charter or personnel rules adopted pursuant to this Charter. He may authorize any administrative officer who is subject to his direction and supervision to exercise these powers with respect to subordinates in that officer's department, office or agency.

2.

He shall direct and supervise the administration of all departments, offices and agencies of the City, except as otherwise provided by this Charter or by law.

3.

He shall attend all Council meetings and have the right to take part in discussion but may not vote.

4.

He shall see that all laws, provisions of this Charter and acts of the Council, subject to enforcement by him or by officers subject to his direction and supervision, are faithfully executed.

5.

He shall prepare and submit the annual budget and capital program to the Council.

6.

He shall submit to the Council and make available to the public a complete report on the finances and administrative activities of the City as to the end of each fiscal year.

7.

He shall make such other reports as the Council may require concerning the operation of City departments, offices and agencies subject to his direction and supervision.

8.

He shall keep the Council fully advised as to the financial condition and future needs of the City and make such recommendations to the Council concerning the affairs of the City as he deems desirable.

9.

He shall perform such other duties as are specified in this Charter or may be required by the Council.

Article IV. Administrative Departments Section 4.01. General Provisions. A.

Creation of Departments. The Council may establish City departments, offices or agencies in addition to those created by this Charter and may prescribe the functions of all departments, offices and agencies except that no function assigned by this Charter to a particular department, office or agency may be discontinued or, unless this Charter specifically so provides, assigned to any other.

B.

Direction by Manager. All departments, offices and agencies under the direction and supervision of the Manager shall be administered by an officer appointed by and subject to the direction and supervision of the Manager with the approval of Council. With the consent of Council, the Manager may serve as the head of one (1) or more such departments, offices or agencies or may appoint one (1) person as the head of two (2) or more of them.

Section 4.02. Personnel System. A.

Merit Principle. All appointments and promotions of City Officers and Employees shall be made solely on the basis of merit and fitness demonstrated by examination or other evidence of competence.

B.

Personnel Director. There shall be a Personnel Director, appointed by the Manager as provided in Section 4.01, who shall administer the personnel system of the City.

C.

Personnel Board. There shall be a Personnel Board consisting of five (5) members appointed by the


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Council for terms of three (3) years from among the qualified voters of the City. Members of the Board shall hold no other City office. The Personnel Director shall provide necessary staff assistance for the Personnel Board. D.

Personnel Rules. The Personnel Director shall prepare personnel rules. The Manager shall refer such proposed rules to the Personnel Board which shall report to the Manager its recommendation thereon. When approved by the Manager, the rules shall be proposed to the Council, and the Council may by ordinance adopt them with or without amendment. These rules shall provide for: 1.

The classification of all City positions, based on the duties, authority and responsibility of each position, with adequate provisions for reclassification of any position whenever warranted by changed circumstances;

2.

A pay plan for all City positions;

3.

Methods for determining the merit and fitness of candidates for appointment or promotion;

4.

The policies and procedures regulating reduction in force and removal of employees;

5.

The hours of work, attendance regulations and provisions for sick and vacation leave;

6.

The policies and procedures governing persons holding provisional appointments;

7.

The policies and procedures governing relationships with employee organizations;

8.

Policies regarding in-service training programs.

9.

Grievance procedures, including procedures for the hearing of grievances by the Personnel Board, which may render advisory opinions based on its findings to the City Manager with a copy to the aggrieved employee; and

10. Other practices and procedures necessary to the administration of the City Personnel System.

Section 4.03. Legal Officer. There shall be a Legal Officer of the City who shall be a licensed member of the Missouri Bar and be in active legal practice prior to his appointment, appointed by the Council, who shall serve as Chief Legal Advisor to the Council, the Manager and all City departments, offices, and agencies, who shall represent the City in all legal proceedings and shall perform any other duties prescribed by this Charter or by ordinance.

Section 4.04. Municipal Judge. There shall be a Municipal Court which will be presided over by a judge appointed by the City Manager as provided in Section 4.01, who shall be a licensed member of the Missouri Bar and be in active legal practice prior to his appointment.

Article V. Financial Procedures Section 5.01. Fiscal Year. The Fiscal Year of the City shall begin on the first (1st) day of January and end on the last day of December. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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Section 5.02. Submission of Budget and Budget Message. On or before the first (1st) day of November of each year, the Manager shall submit to the Council a budget for the ensuing fiscal year and an accompanying message.

Section 5.03. Budget Message. The Manager's message shall explain the budget both in fiscal terms and in terms of the work programs. It shall outline the proposed financial policies of the City for the ensuing fiscal year, describe the important features of the budget, indicate any major changes from the current year in financial policies, expenditures, and revenues together with the reasons for such changes, summarize the City's debt position and include such other material as the Manager deems desirable.

Section 5.04. Budget. The budget shall provide a complete financial plan of all City funds and activities for the ensuing fiscal year and except as required by law or this Charter, shall be in such form as the Manager deems desirable or the Council may require. In organizing the budget the Manager shall utilize the most feasible combination of expenditure classification by fund, organization unit, program, purpose or activity, and object. It shall begin with a clear general summary of its contents; shall show in detail all estimated income, indicating the proposed property tax levy, and all proposed expenditures, including debt service, for the ensuing fiscal year; and shall be so arranged as to show comparative figures for actual and estimated income and expenditures of the current fiscal year and actual income and expenditures of the preceding fiscal year. It shall indicate in separate sections: 1.

Proposed expenditures for current operations during the ensuing fiscal year, detailed by offices, departments and agencies in terms of their respective work programs, and the method of financing such expenditures.

2.

Proposed capital expenditures during the ensuing fiscal year, detailed by offices, departments and agencies when practicable, and the proposed method of financing each such capital expenditure.

3.

The total of proposed expenditures shall not exceed the total of estimated income.

Section 5.05. Capital Program. A.

Submission to Council. The Manager shall prepare and submit to the Council a Three (3) Year Capital Program at least three (3) months prior to the final date for submission of the budget.

B.

Contents. The Capital Program shall include: 1.

A clear general summary of its contents;

2.

A list of all capital improvements which are proposed to be undertaken during the three (3) fiscal years next ensuing, with appropriate supporting information as to the necessity for such improvements;

3.

Cost estimates, method of financing and recommended time schedules for each such improvement; and


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4.

The estimated annual cost of operating and maintaining the facilities to be construed or acquired. The above information may be reviewed and extended each year with regard to capital improvements still pending or in process of construction or acquisition.

Section 5.06. Council Action on Budget. A.

Notice and Hearing. The Council shall publish in one (1) or more newspapers of general circulation in the City the general summary of the budget and a notice stating: 1.

The times and places where copies of the message and budget are available for inspection by the public, and

2.

The time and place, not less than two (2) weeks after such publication, for a public hearing on the budget.

B.

Amendment Before Adoption. After the public hearing, the Council may adopt the budget with or without amendment. In amending the budget, it may add or increase programs or amounts, except expenditures required by law or for debt service or for estimated cash deficit, provided that no amendment to the budget shall increase the authorized expenditures to an amount greater than the total of estimated income.

C.

Adoption. The Council shall adopt the budget on or before the last day of the last month of the fiscal year currently ending. If it fails to adopt the budget by this date, the amounts appropriated for current operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a monthto-month basis, with all items in it appropriated accordingly, until such time as the Council adopts a budget for the ensuing fiscal year. Adoption of the budget shall constitute appropriations of the amounts specified therein as expenditures from the funds indicated and shall constitute a levy of the property tax therein proposed.

Section 5.07. Council Action on Capital Program. A.

B.

Notice of Hearing. The Council shall publish in one (1) or more newspapers of general circulation in the City the general summary of the capital program and a notice stating: 1.

The times and places where copies of the capital program are available for inspection by the public, and

2.

The time and place, not less than two (2) weeks after such publication, for a public hearing on the capital program.

Adoption. The Council by resolution shall adopt the capital program with or without amendment after the public hearing and on or before the last day of the last month of the current fiscal year.

Section 5.08. Public Records. Copies of the budget and the capital program as adopted shall be in public records and shall be made available to the public at suitable places in the City.

Section 5.09. Amendments After Adoption. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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A.

Supplemental Appropriations. If during the fiscal year the Manager certifies that there are available for appropriation revenues in excess of those estimated in the budget, the Council by ordinance may make supplemental appropriations for the year up to the amount of such excess.

B.

Emergency Appropriations. To meet a public emergency affecting life, health, property or the public peace, the Council may make emergency appropriations. Such appropriations may be made by emergency ordinance in accordance with the provisions of Section 2.14. To the extent that there are no available unappropriated revenues to meet such appropriations, the Council may authorize the issuance of emergency notes, which may be renewed from time to time, but the emergency notes and renewals of any fiscal year shall be paid not later than the last day of the fiscal year next succeeding that in which the emergency appropriation was made.

C.

Reduction of Appropriations. If at any time during the fiscal year it appears probable to the Manager that the revenues available will be insufficient to meet the amount appropriated, he shall report to the Council without delay, indicating the estimated amount of the deficit, any remedial action taken by him and his recommendations as to any other steps to be taken. The Council shall then take such further action as it deems necessary to prevent or minimize any deficit and for that purpose it may by ordinance reduce one (1) or more appropriations.

D.

Transfer of Appropriations. At any time during the fiscal year the City Council may transfer part or all of any unencumbered appropriation balance among programs within a department, office or agency and, upon written request by the Manager, the Council may by ordinance transfer part or all of any unencumbered appropriation balance from one (1) department, office or agency to another.

E.

Limitations; Effective Date. No appropriations for debt service may be reduced or transferred, and no appropriation may be reduced below any amount required by law to be appropriated or by more than the amount required by law to be appropriated or by more than the amount of the unencumbered balance thereof. The supplemental and emergency appropriations and reduction or transfer of appropriations authorized by this Section may be made effective immediately upon adoption.

Section 5.10. Lapse of Appropriations. Every appropriation, except an appropriation for a capital expenditure, shall lapse at the close of the fiscal year to the extent that it has not been expended or encumbered. An appropriation for a capital expenditure shall continue in force until the purpose for which it was made has been accomplished or abandoned; the purpose of any such appropriation shall be deemed abandoned if three (3) years pass without any disbursement from or encumbrance of the appropriation.

Section 5.11. Administration of Budget. A.

Work Programs and Allotments. At such time as the Manager shall specify, each department, office or agency shall submit work programs for the ensuing fiscal year showing the requested allotments of its appropriation by periods within the year. The Manager shall review and authorize such allotments within the year. The Manager shall review and authorize such allotments with or without revision as early as possible in the fiscal year. He may revise such allotments during the year if he deems it desirable and shall revise them to accord with any supplemental, emergency, reduced or transferred appropriations made pursuant to Section 5.09.

B.

Payments and Obligations Prohibited. No payment shall be made or obligation incurred against any allotment or appropriation except in accordance with appropriations duly made and unless the Manager first certifies that there is a sufficient unencumbered balance in such allotment or appropriation and that sufficient funds therefrom are or will be available to cover the claim or meet the


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obligation when it becomes due and payable. Any authorization of this Charter will be void and any payment so made illegal; such action shall be cause for removal of any officer who knowingly authorized or made such payment or incurred such obligation, and he shall also be liable to the City for any amount so paid. However, except where prohibited by law, nothing in this Charter shall be construed to prevent the making or authorizing of payment or making of contracts for capital improvements to be financed wholly or partly by the issuance of bonds or to prevent the making of any contract or lease providing for payments beyond the end of the fiscal year, provided that such action is made or approved by ordinance.

Article VI. Planning Section 6.01. Planning Director. There shall be a Planning Department headed by the City Manager. The City Manager shall have the following responsibilities: 1.

To advise the City Council on any matter affecting the physical development of the City;

2.

To formulate and recommend to the City Council a comprehensive plan and modifications thereof;

3.

To review and make recommendations regarding proposed Council action implementing the comprehensive plan pursuant to Section 6.04;

4.

To participate in the preparation and revision of the capital program provided for in Section 5.05; and

5.

To advise the City Planning and Zoning Board in the exercise of its responsibilities and in connection therewith to provide necessary staff assistance.

Section 6.02. City Planning and Zoning Board. [Amended Ord. No. 42, 12-17-1975; Ord. No. 990 §§ 1—2, 8-20-2012] A.

Appointment, Vacancies, and Organizations. There shall be a City Planning and Zoning Board consisting of nine (9) members, including the Mayor, a member of the Council, selected by the Council, the Director of Public Works who shall be a non-voting member, and six (6) citizens appointed by the Mayor and approved by the Council. 1.

Citizen members. Members shall serve without compensation and shall serve for a term of four (4) years; provided however, the first (1st) members appointed upon passage of this amendment to the Charter shall be appointed as follows: 2 for a term 4 years 1 for a term 3 years 1 for a term 2 years 1 for a term 1 year Vacancies shall be filled for the unexpired term of a member by appointments. The Council may remove any citizen member for cause stated in writing and after public hearing.

2.

The Board shall elect its Chairman and Secretary from among its citizen members. The terms of Chairman and Secretary shall be for one (1) year with eligibility for re-election.

3.

The Board shall adopt from time to time such rules and regulations as it deems necessary to carry


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into effect the provisions of this Charter. B.

Power and Duties. The Board shall make recommendations to the City Manager and the City Council on all matters effecting the physical development of the City and shall be consulted on the comprehensive plan and information thereof as provided in Sections 6.03 and 6.04 and shall have the powers and duties granted in Chapter 89, RSMo. Statutes, as amended.

Section 6.03. Comprehensive Plan. A.

Content. The Council shall adopt, and may from time to time modify a Comprehensive Plan setting forth in graphic and textural form policies to govern the future physical development of the City. Such plan may cover the entire City combination of plans governing specific functions and services or specific geographic areas which together cover the entire City and all of its functions and services.

B.

Adoption. Upon receipt from the City Manager of a proposed Comprehensive Plan or proposed modification of the existing plan, the Council shall refer such proposal to the City Planning and Zoning Board, which shall within a time specified by the Council, report its recommendations thereon. After receipt of the recommendations of the Planning and Zoning Board, the Council shall hold a public hearing on the proposed Comprehensive Plan or modification thereof and shall thereafter adopt it by resolution with or without amendment.

C.

Effect. The Comprehensive Plan shall serve as a guide to all future Council action concerning land use and development regulation, urban renewal programs and expenditures for capital improvements.

Section 6.04. Implementation of the Comprehensive Plan. A.

Land Time and Development Regulations. The Council may by ordinance adopt land use and development regulations, including but not limited to an official map and zoning and subdivision regulations.

B.

Urban Renewal. The Council may by ordinance provide for redevelopment, rehabilitation, conservation and renewal programs for: (1) the alleviation or prevention of slums, obsolescence, blight or other conditions of deterioration, and (2) the achievement of the most appropriate use of land.

C.

Council Action. Before acting on any proposed ordinance concerning zoning, land use and development regulations, urban renewal or expenditures for capital improvements, the Council shall refer the proposal to the City Planning and Zoning Board. The City Planning and Zoning Board may hold public hearings on such applications and shall return its findings and recommendations to the Council within sixty (60) days after the date of referral unless an extension of time is granted by the Council. The recommendations of the Planning and Zoning Board shall not be binding on the Council Board's findings provided however, that the affirmative vote of five (5) members of the Council shall be required to adopt any amendment, modification or revision contrary to the recommendation of the Planning and Zoning Board. No modification, amendment or revision of the zoning ordinance or any ordinance concerning land use and development regulations, urban renewal or expenditures for capital improvements shall become effective unless and until a public hearing in relation thereto has been held by the Council. The Council shall cause a notice of the time, place and purpose of such hearings to be published in two (2) consecutive issues of a newspaper of general circulation in the City, the first notice of which shall be published at least fifteen days prior to such hearing, the Council shall cause to be mailed a written notice of the last known place of abode of the owners of all property under consideration. Upon adoption of any such ordinance, the Council shall make findings and a report on the relationship between the ordinance and the Comprehensive Plan and, in the event that the ordinance does not


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accord with the Comprehensive Plan, the plan shall be deemed to be amended in accordance with such ordinance.

Section 6.05. Board of Adjustment. The Council shall by ordinance establish a Board of Adjustment and shall provide standards and procedures for such Board to hear and determine appeals from administrative decisions, petitions for variances in the case of particular and unusual circumstances which would prevent the reasonable use of land and such other matters as may be required by the Council or by law.

Article VII. Nominations and Elections Section 7.01. City Elections. A.

Regular Elections. The regular City election shall be held on the first (1st) Tuesday in April of each year or on such date as designated by the election authorities.

B.

Qualified Voters. All citizens qualified by the Constitution and laws of the State of Missouri to vote in the City and who satisfy the requirements for registration prescribed by law shall be qualified voters of the City within the meaning of this Charter.

C.

Conduct of Elections. Except as otherwise provided by this Charter, the provisions of the general election laws of the State of Missouri shall apply to elections held under this Charter. All elections provided for by the Charter shall be conducted by the election authorities established by law. For the conduct of City elections, for the prevention of fraud in such elections and for the recount of ballots in cases of doubt or fraud, the Council shall adopt by ordinance all regulations which it considers desirable, consistent with law and this Charter, and the election authorities may adopt, and if they adopt, shall publicize further regulations consistent with law and this Charter and the regulations of the Council.

Section 7.02. Nominations. A.

Sponsors. Any qualified voter of the City may be nominated for the City Council by petition of ten qualified voters, who shall be designated as his sponsors. (Sponsors for a candidate for Ward Councilman must be residents of the Ward for which the candidate is nominated.) No voter shall sign more than one (1) petition for the office of Mayor (at large and one (1) petition for the office of Ward Councilman) and, if a voter signs more than one, his signature shall be void. The signatures shall be executed in ink or indelible pencil. Each signer shall indicate next to his signature the date of his signing and the place of his residence, giving the street and number or other description sufficient to identify it. The signed petitions shall be filed with the election authorities not earlier than ninety (90) days or later than forty (40) days before the election.

B.

Acceptance; Deposit. No nominating petition shall be accepted unless accompanied by a signed acceptance of the nomination and a deposit by the candidate of ten dollars ($10.00). The deposit shall be returned to the candidate if: (1) He becomes ineligible, or (2) He files a notice of withdrawal with the election authorities not later than the last day for filing nominating petitions; otherwise, the deposit shall be paid into the City Treasury.

C.

Procedure After Filing. Within seven (7) days after the filing of a nominating petition, the election


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authorities shall notify the candidate and the person who filed the petition whether or not it satisfies the requirements prescribed by this Charter. If a petition is found insufficient, the election authorities shall return it immediately to the person who filed it with a statement certifying wherein it is insufficient and return to the candidate the deposit of money. Within the regular time for filing petitions, a new petition may be filed for the same candidate. The election authorities shall keep on file all petitions found sufficient at least until the expiration of the term for which the candidates are nominated in those petitions.

Section 7.03. Council Ballots. Names on Ballots. The full names of all candidates nominated for membership in City Council, except those who have withdrawn, died or become ineligible, shall be printed on the official ballots without party designation or symbol in the order petitions were filed with election authorities. If two (2) or more candidates have the same surname or surnames so similar as to be likely to cause confusion, their residence addressees shall be printed with their names on the ballot.

Section 7.04. Watchers and Challengers. A regularly nominated candidate shall be entitled, upon written application to the election authorities at least seven (7) days before the election, and upon approval thereof, to appoint two (2) persons to represent him as watchers and challengers at each polling place where voters may cast their ballots for him. A person so appointed shall have the rights and privileges prescribed for watchers and challengers by or under the general election laws of the State of Missouri. The watchers and challengers may exercise their rights throughout the voting and until the ballots have been counted.

Section 7.05. Determination of Election Results. Number of Votes. Every voter shall be entitled to vote for as many candidates of the City Council as there are members to be elected from the Ward in which the voter resides and to vote for one (1) candidate for Mayor at large. Candidates receiving the greatest number of votes shall be declared elected. All ties shall be decided by lot in the presence of the candidates concerned and under the direction of the election authorities.

Section 7.06. Ballots for Ordinances and Charter Amendments. An ordinance or Charter amendment to be voted on by the City shall be presented for voting by ballot title. The ballot title of a measure may differ from its legal title and shall be a clear, concise statement describing the substance of the measure without argument or prejudice. Below the ballot title shall appear the following question: "Shall the above described (ordinance) (amendment) be adopted?" Immediately below such question shall appear, in the following order, the words "Yes" and "No".

Section 7.07. Voting Machines. The Council may provide for the use of mechanical or other devices for voting or counting the votes not inconsistent with law. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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Section 7.08. Availability of List of Qualified Voters. If for any purpose relating to a general or City election or to candidates or issues involved in such an election, any organization, group or person requests a list of qualified voters of the City, the department, office or agency which has custody of that list shall either permit the organization, group or person to copy the voters' names and addresses from the list or furnish a copy of the list.

Section 7.09. Council Wards; Adjustment of Wards. A.

Number of Wards. There shall be two (2) City Council Wards.

B.

Ward Redistricting Commission. The Council shall appoint five (5) qualified voters, determined from the registration from the last statewide general election, who shall comprise the Ward Redistricting Commission. The voters chosen shall not be employed by the City in any other capacity.

C.

Report; Specifications. By the first (1st) day of October of every tenth (10th) year from the adoption of this Charter, the Ward Redistricting Commission shall file with the City Clerk a report containing a recommended plan for adjustment to the Council Ward boundaries to comply with these specifications. 1.

Each Ward shall be formed of compact, contiguous territory, and its boundary lines shall follow the center lines of streets.

2.

Each Ward shall contain as nearly as possible the same number of citizens, determined from the last census, but Wards shall not differ in population by more than ten percent (10%). The report shall include a map and description of the Wards recommended and shall be drafted as a proposed ordinance. Once filed with the Clerk the report shall be treated as an ordinance introduced by a Council Member.

D.

Procedure. The procedure for the Council's consideration of the report shall be the same as for other ordinances, provided that if a summary of the ordinance is published pursuant to Section 2.13, it must include both the map and the description of the recommended Wards. The Council shall adopt the ordinance at least ninety (90) days before the next regular City election with or without amendment.

E.

Effect of Enactment. The new Council Wards and boundaries, as of the date of enactment, shall supersede previous Council Wards and boundaries for all the purposes of the next regular City Election, including nominations. The new Wards and boundaries shall supersede previous Wards and boundaries for all other purposes as of the date on which all Councilmen elected at the regular City election take office. The City of St. John shall be divided into two (2) wards described as follows: Ward I. Ward I shall consist of that entire area of the Village of St. John lying east of a line beginning at the intersection of Tudor and Marshall Avenue at the southern limits of the Village of St. John, thence northeastwardly along the center line of Marshall Avenue to the eastern intersection of Marshall Avenue and St. Charles Rock Road, thence northwestwardly along the center line of St. Charles Rock Road to the western intersection of Marshall Avenue and St. Charles Rock Road, thence northwardly along the center line of Marshall Avenue to the intersection of Marshall Avenue and North Avenue, thence eastwardly along the center line of North Avenue to the intersection of North Avenue and McKibbon Road, thence northwardly along the center line of McKibbon Road to the northern Village limits. Ward II. Ward II shall consist of that entire area of the Village of St. John lying west of a line beginning at the intersection of Tudor and Marshall Avenue at the southern limits of the Village of St. John, thence northeastwardly along the center line of Marshall Avenue to the eastern intersection of


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Marshall Avenue and St. Charles Rock Road, thence northwestwardly along the center line of St. Charles Rock Road to the western intersection of Marshall Avenue and St. Charles Rock Road, thence northwardly along the center line of Marshall Avenue to the intersection of Marshall Avenue and North Avenue, thence eastwardly along the center line of North Avenue to the intersection of North Avenue and McKibbon Road, thence northwardly along the center line of McKibbon Road to the northern Village limits.

Article VIII. Initiative and Referendum Section 8.01. General Authority. A.

Initiative. The qualified voters of the City shall have power to propose ordinances to the Council and, if the Council fails to adopt an ordinance so proposed without any change in substance, to adopt or reject it at a City election.

B.

Referendum. The qualified voters of the City shall have power to require reconsideration by the Council of any adopted ordinance, if the Council fails to repeal an ordinance so reconsidered, to approve or reject it at a City election.

Section 8.02. Commencement of Proceedings; Petitioners' Committee; Affidavit. A.

Any five (5) qualified voters may commence initiative or referendum proceedings by filing with the City Clerk an affidavit stating they will constitute the Petitioners' Committee and be responsible for circulating the petition and filing it in proper form, stating their names and addresses and specifying the address to which all notices to the Committee are to be sent, and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered.

B.

Promptly after the affidavit of the Petitioners' Committee is filed the Clerk shall issue the appropriate


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petition blanks to the Petitioners' Committee.

Section 8.03. Petitions. A.

Number of Signatures. Initiative and referendum petitions must be signed by qualified voters of the City equal in number to at least ten percent (10%) of the total number of qualified voters registered to vote at the last regular City election.

B.

Form and Content. All papers of a petition shall be uniform in size and style and shall be assembled as one (1) instrument for filing. Each signature shall be executed in ink or indelible pencil and shall be followed by the address of the person signing. Petitions shall contain or have attached thereto throughout their circulation the full text of the ordinance proposed or sought to be reconsidered.

C.

Affidavit of Circulator. Each paper of a petition shall have attached to it when filed an affidavit executed by the circulator thereof stating that he personally circulated the paper, the number of signatures thereon, that all the signatures were affixed in his presence, that he believes them to be the genuine signatures of the persons whose names they purport to be and that each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered.

D.

Time for Filing Referendum Petitions. Referendum petitions must be filed within sixty (60) days after adoption by the Council of the ordinance sought to be reconsidered.

Section 8.04. Procedure After Filing. A.

Certificate of Clerk; Amendment. Within twenty (20) days after the petition is filed, the City Clerk shall complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it is defective and shall promptly send a copy of the certificate to the Petitioners' Committee by registered mail. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the Petitioners' Committee files a notice of intention to amend it with the Clerk within seven (7) days after receiving the copy of his certificate and files a supplementary petition upon additional papers within twenty days after receiving the copy of such certificate. Such supplementary petition shall comply with the requirements of Subsections (B) and (C) of Section 8.03, and within seven (7) days after it is filed the clerk shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of such certificate to the Petitioners' Committee by registered mail as in the case of an original petition. If a petition or amended petition is certified insufficient and the Petitioners' Committee does not elect to amend or request Council review under Subsection (B) of this Section within the time required, the Clerk shall promptly present his certificate to the Council and the certificate shall then be a final determination as the sufficiency of the petition.

B.

Council Review. If a petition has been certified insufficient and the Petitioners' Committee does not file notice of intention to amend it or if an amended petition has been certified insufficient, the Committee may, within seven (7) days after receiving the copy of such certificate, file a request with the City Clerk that it be reviewed by the Council. The Council shall review the certificate at its next meeting following the filing of such request and approve or disapprove it, and the Council's determination shall then be a final determination as to the sufficiency of the petition.

C.

Court Review; New Petition. A final determination as to the sufficiency of a petition shall be subject to court review. A final determination of insufficiency, even if sustained upon court review, shall not prejudice the filing of a new petition for the same purpose.

Section 8.05. Referendum Petitions; Suspension of Effect of http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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Ordinance. When a referendum petition is filed with the City Clerk, the ordinance sought to be reconsidered shall be suspended from taking effect. Such suspension shall terminate when: 1.

There is a final determination of insufficiency of the petition, or

2.

The Petitioners' Committee withdraws the petitions, or

3.

The Council repeals the ordinance, or

4.

Thirty (30) days have elapsed after a vote of the City on the ordinance.

Section 8.06. Action on Petitions. A.

Action by Council. When an initiative or referendum petition has been finally determined sufficient, the Council shall promptly consider the proposed initiative ordinance in the manner provided in Article II or reconsider the referred ordinance by voting its repeal. If the Council fails to adopt a proposed initiative ordinance without any change in substance within sixty (60) days or fails to repeal the referred ordinance within sixty (60) days after the date the petition was finally determined sufficient, it shall submit the proposed or referred ordinance to the voters of the City.

B.

Submission to Voters. The vote of the City on a proposed or referred ordinance shall be held not less than thirty (30) days and not later than one (1) year from the date of the final Council vote thereon. If no regular City election is to be held within the period prescribed in this Subsection, the Council shall provide for a special election; otherwise the vote shall be held at the same time as such regular election; except that the Council may in its discretion provide for a special election at an earlier date within the prescribed period. Copies of the proposed or referred ordinance shall be made available at City Hall seven (7) days prior to the election and at the polls.

C.

Withdrawals of Petitions. An initiative or referendum petition may be withdrawn at any time prior to the fifteenth (15th) day preceding the day scheduled for a vote of the City by filing with the City Clerk a request for withdrawal signed by at least four (4) members of the Petitioners' Committee. Upon the filing of such request the petition shall have no further force or effect and all proceedings thereon shall be terminated.

Section 8.07. Results of Election. A.

Initiative. If a majority of the qualified electors voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results and shall be treated in all respects in the same manner as ordinances of the same kind adopted at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict.

B.

Referendum. If a majority of the qualified electors voting on a referred ordinance vote against it, it shall be considered repealed upon certification of the election results.

Article IX. General Provisions Section 9.01. Personal Financial Interest. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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Any City Officer or Employee who has a substantial financial interest, direct or indirect or by reason of ownership of stock in any corporation, in any contract with the City or in the sale of any land, material, supplies or services to the City or to a contractor supplying the City shall make known that interest and shall refrain from voting upon or otherwise participating in his capacity as a City Officer or Employee in the making or performance of such contract. Any City Officer or Employee who willfully conceals such a substantial financial interest or willfully violates the requirements of this Section shall be guilty of malfeasance in office or position. Violation of this Section with the knowledge expressed or implied of the person or corporation contracting with or making a sale to the City shall render the contract or sale voidable by the City Manager or the City Council.

Section 9.02. Prohibitions. A.

B.

Activities Prohibited. 1.

No person shall be appointed to or removed from, or in any way favored or discriminated against with respect to any City position or appointive City Administrative Office because of race, sex, political or religious opinions or affiliations.

2.

No person shall willfully make any false statement, certificate, mark, rating or report in regard to any test, certification or appointment under the personnel provisions of this Charter or the rules and regulations made thereunder, or in any manner commit or attempt to commit any fraud preventing the impartial execution of such provisions, rules and regulations.

3.

No person who seeks appointment or promotion with respect to any City position or appointive City Administrative Office shall directly or indirectly give, render or pay any money, service or other valuable thing to any person for or in connection with his test, appointment, proposed appointment, promotion or proposed promotion.

4.

No person shall orally, by letter or otherwise solicit or assist in soliciting any assessment, subscription or contribution for any political party or political purpose whatever from any person holding any compensated appointive City position.

5.

No person who holds any compensated appointive City position shall make, solicit or receive any contribution to the campaign fund of any political party or any candidate for public office or take any part in the management, affairs or political campaign of any political party, but he may exercise his right as a citizen to express his opinions and to cast his vote.

Penalties. Any person who by himself or with others willfully violates any of the provisions of Paragraphs (1) through (4) shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment for not more than ninety (90) days, or both. Any person who by himself or with others willfully violates any of the provisions of Paragraph (5) shall be guilty of an offense and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars ($500.00). Any person convicted under this Section shall be ineligible thereafter to hold any City office or position and, if an officer or employee of the City, shall immediately forfeit his office or position.

Section 9.03. Charter Amendment. A.

Proposal of Amendment. Amendments to this Charter may be framed and proposed: 1.

In the manner provided by law, or

2.

By ordinance of the Council containing the full text of the proposed amendment and effective


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upon adoption, or 3.

By the voters of the City, or

4.

By report of a Charter Commission created by ordinance. Proposal of an amendment by the voters of the City shall be by petition containing the full text of the proposed amendment and shall be governed by the same procedures and requirements prescribed in Article VIII for initiative petitions until such time as a final determination as to sufficiency of the petition is made, except that there shall be no limitation as to subject matter and that the petition must be signed by qualified voters of the City equal in number to at least twenty percent (20%) of the total number of qualified electors registered to vote at the last regular City election. The Petitioners' Committee may withdraw the petition at any time before the thirtieth (30th) day immediately preceding the day scheduled for the City vote on the amendment.

B.

Election. Upon delivery to the City election authorities of the report of a Charter Commission or delivery by the City Clerk of an adopted ordinance or a petition finally determined sufficient, proposing an amendment pursuant to Subsection (A), the election authorities shall submit the proposed amendment to the voters of the City at an election. Such election shall be announced by a notice containing the complete text of the proposed amendment and published in one (1) or more newspapers of general circulation in the City at least thirty (30) days prior to the date of the election. The election shall be held not less than sixty (60) and not more than one hundred twenty (120) days after the adoption of the ordinance or report or the final determination of sufficiency of the petition proposing the amendment. If no regular election is to be held within that period, the Council shall provide for a special election on the proposed amendment; otherwise, the holding of a special election shall be within the discretion of the Council. The form of ballot shall be as specified in Section 7.06.

C.

Adoption of Amendment. If a majority of the qualified voters of the City voting upon a proposed Charter amendment vote in favor of it, the amendment shall become effective at the time fixed in the amendment or, if no time is therein fixed, thirty (30) days after its adoption by the voters.

Section 9.04. Separability. If any provision of this Charter is held invalid, the other provisions of the Charter shall not be affected thereby. If the application of the Charter or any of its provisions to any person or circumstance is held invalid, the application of the Charter and its provisions to other persons or circumstances shall not be affected thereby.

Section 9.05. Judicial Notice of Charter. This Charter is declared to be a public act, and all courts shall take judicial notice thereof.

Section 9.06. Proof of Ordinance. Any ordinance may be proved by a copy thereof certified by the City Clerk under the Seal of the City; or, when printed in a book or pamphlet form published by authority of the City, shall be received in evidence in all courts, or other places, without further proof of authenticity.

Section 9.07. Power to Administer Oath. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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The City Clerk, Municipal Judge and Clerk thereof and any member of the Council may administer oaths or affirmations in any matter pertaining to the affairs and government of the City.

Section 9.08. Notice of Suits. No action shall be maintained against the City for or on account of any injury growing out of alleged negligence of the City unless notice shall first have been given in writing to the City Manager. Such notice shall be given within ninety (90) days of the occurrence for which said damage is claimed, and it shall state the place, time, character, and circumstances of the injury, and that the person so injured will claim damages therefor from the City.

Section 9.09. Judicial Bonds. The City shall not be required to give bond in any judicial proceeding or appeal.

Section 9.10. Use of Masculine Pronoun. Throughout this Charter, the general use of the masculine pronoun is understood to apply to either sex.

Article X. Transitional Provisions Section 10.01. Officers and Employees. A.

Rights and Privileges Preserved. Nothing in this Charter except as otherwise specifically provided shall affect or impair the rights or privileges of persons who are Village officers or employees at the time of its adoption.

B.

Continuance of Office or Employment. Except as specifically provided by this Charter, if at the time this Charter takes full effect a Village Administrative Officer or employee holds any office or position which is or can be abolished by or under this Charter, he shall continue in such office or position until the taking effect of some specific provision under this Charter directing that he vacate the office or position.

C.

Personnel System. An employee holding a Village position at the time this Charter takes full effect, who was serving in that same or a comparable position at the time of its adoption, shall not be subject to competitive tests as a condition of continuance in the same position but in all other respects shall be subject to the personnel system provided for in Section 4.02.

Section 10.02. Departments, Offices and Agencies. A.

Transfer of Powers. If a Village Department, Officer or Agency is abolished by this Charter, the powers and duties given it by law shall be transferred to the City Department, Office or Agency designated by this Charter or, if the Charter makes no provision, designated by the City Council.

B.

Property and Records. All property, records and equipment of any department, office or agency


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existing when this Charter is adopted shall be transferred to the department, office or agency assuming its powers and duties, but, in the event that the powers or duties are to be discontinued or divided between units or in the event that any conflict arises regarding a transfer, such property, records or equipment shall be transferred to one (1) or more departments, offices or agencies designated by the Council in accordance with this Charter.

Section 10.03. Pending Matters. All rights, claims, actions, orders, contracts and legal or administrative proceedings shall continue except as modified pursuant to the provisions of this Charter and in each case shall be maintained, carried on or dealt with by the City Department, Office or Agency appropriate under this Charter.

Section 10.04. State and Municipal Laws. All Village ordinances, resolutions, orders and regulations which are in force when this Charter becomes fully effective are repealed to the extent that they are inconsistent or interfere with the effective operation of this Charter or of ordinances or resolutions adopted pursuant thereto. To the extent that the Constitution and laws of the State of Missouri permit, all laws relating to or affecting this Village or its agencies, officers or employees which are in force when this Charter becomes fully effective are superseded to the extent that they are inconsistent or interfere with the effective operation of this Charter or of ordinances or resolutions adopted pursuant thereto.

Section 10.05. Schedule. A.

First Election. At the time of its adoption, this Charter shall be in effect to the extent necessary in order that the first election of members of the City Council may be conducted in accordance with the provisions of this Charter. The first election shall be held on the 2nd of April, 1974, under the supervision of the St. Louis County Board of Election Commissioners.

B.

Time of Taking Full Effect. This Charter shall be in full effect for all purposes on and after the date and time of the first meeting of the newly elected Council as provided in Subsection (C).

C.

First Council Meeting. On the fifteenth (15th) day of April, 1974, following the first election of Council Members under this Charter, the newly elected members of the Council shall meet at 8:00 P.M. at the City Hall:

D.

1.

For the purpose of appointing or considering the appointment of a City Manager or acting City Manager, and choosing, if it so desires, one of its members to act as temporary Clerk pending appointment of a City Clerk pursuant to Section 2.08; and

2.

For the purpose of adopting ordinances and resolutions necessary to effect the transition of government under this Charter and to maintain effective City Government during that transition.

Temporary Ordinances. In adopting ordinances as provided in Subsection (C), the Council shall follow the procedures prescribed in Article II, except that at its first meeting or any meeting held within sixty (60) days thereafter, the Council may adopt temporary ordinances to deal with cases in which there is an urgent need for prompt action in connection with the transition of government and in which the delay incident to the appropriate ordinance procedure would probably cause serious hardship or impairment of effective City Government. Every temporary ordinance shall be plainly labelled as such but shall be introduced in the form and manner prescribed for ordinances generally. A temporary


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ordinance may be considered and may be adopted with or without amendment or rejected at the meeting at which it is introduced. After adoption of a temporary ordinance, the Council shall cause it to be printed and published as prescribed for other adopted ordinances. A temporary ordinance shall become effective upon adoption or at such later time preceding automatic repeal under this Subsection as it may specify, and the referendum power shall not extend any such ordinance. Every temporary ordinance, including any amendments made thereto after adoption, shall automatically stand repealed as of the ninety-first (91st) day following the date on which it was adopted, and it shall not be readopted, renewed or otherwise continued except by adoption in the manner prescribed in Article II for ordinances of the kind concerned.

Section 10.06. Village Trustees. The Village Trustees in office at the date this Charter is adopted shall continue in office until the first meeting of the Council on April 15, 1974, and thereupon the terms of office of the Village Trustees shall terminate and the new Council shall forthwith become the official governing body of the City.

Government Code Chapter 100. General Provisions Section 100.010. General Penalty. [Ord. No. 971 §1, 10-3-2011] 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 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, 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 ninety (90) days, 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 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.

Chapter 105. City Elections Section 105.010. City Elections. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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[CC §1.03; Ord. No. 23, 10-7-1974] A.

Regular Elections. The regular City election shall be held on the first (1st) Tuesday in April of each year, or as designated by the Election Board.

B.

Qualified Voters. All citizens qualified by the Constitution and laws of the State of Missouri to vote in the City and who satisfy the requirements for registration prescribed by law shall be qualified voters of the City within the meaning of this Chapter.

C.

Conduct of Elections. Except as otherwise provided by the Charter, the provisions of the general election laws of the State of Missouri shall apply to elections held. All elections provided for shall be conducted by the election authorities established by law. For the conduct of City elections, for the prevention of fraud in such elections and for the recount of ballots in case of doubt or fraud, the Council shall adopt by ordinance all regulations which it considers desirable, consistent with law and the Charter, and the election authorities may adopt, and if they adopt shall publicize, further regulations consistent with law and the regulations of the Council.

Section 105.020. Nominations for City Council. [CC §1.04; Ord. No. 23, 10-7-1974] A.

Sponsors. Any qualified voter of the City may be nominated for the City Council by petition of ten (10) qualified voters, who shall be designated as his sponsors. (Sponsors for a candidate for Ward Councilman must be residents of the Ward for which the candidate is nominated). No voter shall sign more than one (1) petition for the office of Mayor and one (1) petition for the office of Ward Councilman and, if a voter signs more than one (1) his signature shall be void. The signatures shall be executed in ink or indelible pencil. Each signer shall indicate next to his signature the date of his signing and the place of his residence, giving the street and number or other description sufficient to identify it. The signed petitions shall be filed with the election authorities not earlier than ninety (90) days or later than forty (40) days before the election. In the event a special election becomes necessary the City shall certify a sample ballot to the election authorities responsible for conducting the election not later than the fourth (4th) Tuesday prior to said special election.

B.

Acceptance — Deposit. No nominating petition shall be accepted unless accompanied by a signed acceptance of the nomination and a deposit by the candidate of ten dollars ($10.00). The deposit shall be returned to the candidate if:

C.

1.

He becomes ineligible, or

2.

He files a notice of withdrawal with the election authorities not later than the last day for filing nominating petitions; otherwise, the deposit shall be paid into the City Treasury.

Procedure After Filing. Within seven (7) days after the filing of a nominating petition, the election authorities shall notify the candidate and the person who filed the petition whether or not it satisfies the requirements prescribed. If a petition is found insufficient, the election authorities shall return it immediately to the person who filed it with a statement certifying wherein it is insufficient and return to the candidate the deposit of money. Within the regular time for filing petitions a new petition may be filed for the same candidate. The election authorities shall keep on file all petitions found sufficient at least until the expiration of the term for which the candidates are nominated in those petitions.

Section 105.030. Council Ballots. [CC §1.05; Ord. No. 23, 10-7-1974] http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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The full names of all candidates nominated for membership in City Council, except those who have withdrawn, died or become ineligible, shall be printed on the official ballots without party designation or symbol in the order petitions were filed with the election authorities. If two (2) or more candidates have the same surname or surnames so similar as to be likely to cause confusion, their residence addresses shall be printed with their names on the ballot.

Section 105.040. Determination of Election Results. [CC §1.07; Ord. No. 23, 10-7-1974] Every voter shall be entitled to vote for as many candidates of the City Council as there are members to be elected from the Ward in which the voter resides and to vote for one (1) candidate for Mayor at large. Candidates receiving the greatest number of votes shall be declared elected. Any tie in an election shall be determined in accordance with State Statute.

Section 105.050. Ballots for Ordinances and Charter Amendments. [CC §1.08; Ord. No. 23, 10-7-1974] An ordinance or charter amendment to be voted on by the City shall be presented for voting by ballot title. The ballot title of a measure may differ from its legal title and shall be a clear, concise statement describing the substance of the measure without argument or prejudice. Below the ballot title shall appear the following question: "Shall the above described (ordinance) (amendment) be adopted?" Immediately below such question shall appear, in the following order, the words "yes" and "no".

Section 105.060. Availability of List of Qualified Voters. [CC §1.10; Ord. No. 23, 10-7-1974] If, for any purpose relating to a general or City election or to candidates or issues involved in such an election, any organization, group or person requests a list of qualified voters of the City, the department, office or agency which has custody of that list shall either permit the organization, group or person to copy the voter's names and addresses from the list or furnish a copy of the list.

Chapter 110. City Council Article I. General Provisions Section 110.010. Composition. [CC §1.01; Ord. No. 23, 10-7-1974] There shall be a City Council of seven (7) members, three (3) Councilmen, elected from each of two (2) Wards of equal population of the City, and a Mayor elected at large. In addition, he shall preside at regular meetings of the Council, shall be recognized as head of the City Government for all ceremonial purposes and by the Governor for purposes of military law but shall have no administrative duties. The Council shall elect from among its members, a Deputy Mayor who shall act as Mayor during the absence or disability of http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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the Mayor.

Section 110.020. Eligibility. [CC §1.02; Ord. No. 23, 10-7-1974] Only qualified voters of the City, twenty-one (21) years of age or older and a resident of the City for one (1) year or more and who resides in the Ward in which filing for office shall be eligible for office.

Article II. Council Meetings Section 110.030. Place. [CC §2.01; Ord. No. 23, 10-7-1974] All meetings of the City Council of the City of St. John, Missouri, shall be held at the City Hall of the City of St. John, Missouri.

Section 110.040. Attendance. [CC §2.02; Ord. No. 23, 10-7-1974] Members shall be required to attend all stated and special meetings of the Council unless leave of absence is granted by the Council or unless excused by the Council for illness or other special reason.

Section 110.050. Quorum. [CC §2.03; Ord. No. 23, 10-7-1974] At the hour appointed, the Mayor, or in his absence the Deputy Mayor, shall call the Council to order; the Clerk shall call the roll of members and announce whether or not a quorum is present. Four (4) of the seven (7) members shall constitute a quorum. If a quorum be not present, a smaller number may be lawfully allowed to adjourn the meeting from day to day until a quorum is present.

Section 110.060. Order of Business. [CC §2.04; Ord. No. 223, 8-15-1983] The Council, upon the announcement of a quorum, shall proceed to transact the business before them according to the Council's agenda.

Section 110.070. Parliamentary Procedure. [CC §2.05; Ord. No. 23, 10-7-1974] The established rules or parliamentary procedure shall govern the proceedings of the Council, except when otherwise provided by ordinance, and any question arising thereunder shall be decided by the Mayor subject to appeal to the Council or by any member. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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Section 110.080. Compensation — Expenses. [CC §2.06; Ord. No. 23, 10-7-1974; Ord. No. 767 §1, 5-19-2003] Each Councilman and the Mayor shall receive one hundred fifty dollars ($150.00) per month salary. To be eligible to receive this compensation, each Councilman must attend at least one (1) regularly scheduled meeting per month. Councilmen shall receive their actual and necessary expenses incurred in the performance of their duties of office. Receipts for actual incurred expenses will be required.

Section 110.090. Delegates to Municipal League. [CC §2.07; Ord. No. 23, 10-7-1974] The Mayor and the City Manger and all other members of the Council of the City of St. John are hereby designated as official delegates of the City of St. John to the St. Louis County Municipal League.

Section 110.100. Smoking Prohibited in Council Chambers. [CC §2.08; Ord. No. 333, 5-16-1988] A.

Smoking is hereby prohibited in the Council Chambers at all times and no person shall smoke any cigarette, pipe, cigar or any item in the Council Chambers.

B.

Any person being convicted of violating this Section shall be punished by a fine of not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00).

Chapter 115. Municipal Court Section 115.010. Municipal Court — Jurisdiction and Powers. [CC §3.10; Ord. No. 23, 10-7-1974] There shall be a Municipal Court which shall have jurisdiction to hear and determine all cases involving violations of the ordinances of the City subject to appeal by either party to the Circuit Court of St. Louis County as provided by law. The Municipal Court may punish for contempt of court in the same manner and to the same extent as is authorized by law for courts of record; may issue warrants of arrest as authorized by law; may summon and compel the attendance of witnesses; may administer oaths; may pass upon the competency of evidence; may render final judgment on any forfeited bond or recognizance returnable to such court, subject to appeal as provided by law and may assess court costs against either party.

Section 115.020. Judge of the Municipal Court. [CC §3.11; Ord. No. 23, 10-7-1974] The Municipal Court shall be presided over by a Judge, who shall be a duly licensed practicing attorney in the State of Missouri, on appointment by the City Manager. In case of his absence from the City, or his inability to serve, the City Manager shall designate a duly qualified attorney to take his place during his absence or disability or disqualification. The Presiding Judge of the Circuit Court shall designate a Judge to hear the cases until such time as the City Manager appoints a replacement. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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Section 115.025. Provisional Judge. [Ord. No. 783 §1, 12-15-2003] The City Manager shall appoint a duly qualified attorney as a Provisional Judge to serve in the absence of the appointed Municipal Judge.

Section 115.030. Supreme Court Rules and Statutes. [CC §3.12; Ord. No. 23, 10-7-1974] All matters pertaining to procedures of Court and duties of the Judge shall be governed by the Statutes of the State of Missouri, Supreme Court Rules and applicable ordinances of the City.

Section 115.040. Municipal Court Rules. [CC §3.13; Ord. No. 23, 10-7-1974] The Missouri Rules of Practice and Procedure in Municipal and Traffic Courts, promulgated by the Supreme Court of Missouri on July 1, 1959, as amended and as may hereafter be changed or amended are hereby adopted as the rules of practice and procedure for the Municipal Court of the City of St. John.

Section 115.050. Municipal Court Clerk. [CC §3.14; Ord. No. 23, 10-7-1974] The Municipal Court Clerk is hereby granted authority to issue and sign Warrants and Commitments and to acknowledge and accept complaints and to acknowledge information and to impress the Court Seal thereon.

Section 115.060. Municipal Court Costs. [CC §3.15; Ord. No. 23, 10-7-1974; Ord. No. 130, 9-5-1978; Ord. No. 442 §1, 8-17-1992; Ord. No. 487 §2, 4-181994; Ord. No. 488 §1, 5-16-1994; Ord. No. 509 §1, 3-6-1995; Ord. No. 558 §1, 11-4-1996; Ord. No. 582 §§1 — 2, 10-20-1997; Ord. No. 654 §1, 12-20-1999; Ord. No. 715 §§1-2, 10-1-2001] A.

In all cases before the Municipal Judge for violations of the ordinances of the City of St. John, St. Louis County, Missouri, where the defendant shall be convicted or shall enter his or her plea of guilty to the violation of said ordinances or ordinance, there shall be collected from such defendant, in addition to the fine or other punishment that shall be imposed, twelve dollars ($12.00) as and for costs for ordinance violations.

B.

Police Training Fund. The official of the Municipal Court responsible for collecting Court costs and fines shall assess as additional Court cost, three dollars ($3.00) for each Court proceeding filed for violation of the Traffic Code, non-moving traffic violations and general ordinances for the City of St. John, and no such fee shall be collected in any proceeding in such Court when the proceeding or defendant has been dismissed by the Court. 1.

Two dollars ($2.00) of the three dollars ($3.00) shall be transmitted monthly to the Training Fund of the City of St. John to be used locally for training St. John Police Officers.


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2.

One dollar ($1.00) of the three dollars ($3.00) shall be deposited into the Peace Officers Standards and Training Fund, in accordance with Section 514.015, RSMo., to be used for the training of Law Enforcement Officers. Checks should be made payable to the "Treasurer of the State of Missouri" on or before the fifteenth (15th) of each month.

C.

Crime Victims' Compensation. The officers of the Municipal Court responsible for collecting Court costs and fines will assess an additional Court cost of seven dollars fifty cents ($7.50) for each Court proceeding filed for violation of the ordinances of the City of St. John, and no such fee shall be collected in any proceeding in such Court when the proceeding or defendant has been dismissed by the Court. The Court shall remit seven dollars thirteen cents ($7.13) to the State Department of Revenue and thirty-seven cents ($0.37) to the Crime Victim's Compensation Fund of the City of St. John.

D.

Alcohol- And Drug-Related Traffic Offenses. In addition to any other penalties and costs provided by law or ordinance, the Court may order any person convicted of an alcohol- or drug-related traffic offense or amended alcohol- or drug-related traffic offense, to reimburse the City for the costs associated with the arrest of such person. Such costs shall include the reasonable cost of making the arrest, including the cost of any chemical test made 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. A schedule of such costs shall be established by the St. John Police Department and filed with the Clerk of the Municipal Court, and the Court may impose costs in accordance with the schedule; provided, the Court may order the costs reduced in a case if the Court determines the costs are excessive.

E.

Any person who is convicted of or pleads guilty to a drug-related offense pursuant to the provisions of Chapter 195, RSMo., or an intoxicated-related traffic offense, as defined in Section 577.023, RSMo., shall be assessed as costs a victims' services fee in the amount of five dollars ($5.00). Such fee shall be collected by the Clerk of the Court and paid at least monthly to the Director of Revenue and placed to the credit of the Independent Living Center Fund.

F.

Recoupment Of Certain Costs. 1.

In addition to any other penalties, fines or costs provided by law or ordinance, the Court may order a defendant to reimburse all costs for their incarceration pursuant to the arrest. Furthermore, if the defendant is required to receive hospital treatment for any reason in connection with the arrest and there are costs connected therewith, said defendant shall be responsible and pay such costs as ordered by the Court.

2.

The Municipal Judge is further authorized and empowered to place any person who has been convicted and sentenced by the Court for violation of a City ordinance in a work program, to work or perform labor in the public streets or buildings of the City for such purposes as the City may deem necessary.

3.

If the fine set by the Court is not paid and the defendant is placed in the City's work program by the Court, then the Court may determine an appropriate hourly wage for the defendant to reimburse the City based upon the actual amount of hours worked for Public Works.

G.

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 pursuant to Section 479.261, RSMo.

H.

Spinal Cord Injury Fund. Any person who is convicted of or pleads guilty to an intoxicated-related offense shall be assessed a fee of twenty-five dollars ($25.00). Said fee shall be forwarded to the Missouri Department of Revenue to the credit of the Spinal Cord Injury Fund.


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Section 115.070. Additional Court Costs. [CC §3.16; Ord. No. 23, 10-7-1974; Ord. No. 659 §1, 2-7-2000] A.

The following additional fees and costs shall also be collected as costs in those cases where the service for such fee is requested and given: Trial de novo per County schedule St. Louis County Court costs per County schedule

B.

There shall be required from all defendants who perfect an appeal to the Circuit Court of the County of St. Louis the required fee as established by the Circuit Court of the County of St. Louis.

C.

There shall also be a charge of fifteen dollars ($15.00) for all written notification mailed by the Court Clerk of St. John to a defendant granting a continuance upon their failure to appear upon the first (1st) setting of the case in the Municipal Court.

Section 115.080. Contempt of Court. [CC §3.16; Ord. No. 267, 7-7-1986] The Municipal Judge shall have the power to enforce all rules, order and judgments made by him and may fine or imprison for contempt offered him while holding Court, or for contempt to process issued by him in the same manner and to the same extent as the Circuit Court.

Section 115.090. Obedience to Summons — Failure to Appear. [CC §3.16] A.

The Court may direct the issuance of a warrant for the arrest of any resident of this State, or any nonresident upon whom process may be served in this State, who fails to appear and answer a traffic ticket or a summons lawfully served upon him and against whom any information has been filed by the proper Prosecuting Attorney or City Attorney. Such warrant may be directed to any Peace Officer of the State and may be executed in any County in this State.

B.

If a defendant is not a resident of this State or is not a resident of the County in which the alleged offense was committed or of any adjoining County in this State and fails to appear or answer a traffic ticket or summons lawfully served upon him and upon which a complaint or information has been filed within thirty (30) days after the return date of the ticket or summons, the Court shall mail a notice after to the defendant at the address stated in the complaint or information. If the defendant fails to appear or otherwise answer within thirty (30) days after the mailing of the notice, or in parking cases if no notice is mailed within sixty (60) days after the return date of the ticket or summons, the Court shall place such case in an inactive file or docket, subject to being reopened if thereafter the defendant appears on the warrant provided for in Subsection (A) of this rule is issued and executed.

C.

"John Doe" warrants may be issued when the true name of the offender is unknown, and the motor vehicle bearing the license number of the motor vehicle involved in the violation may be impounded as and when authorized by law, and the owner thereof shall be subject to such prima facie presumption of responsibility for such offense as provided by law.

D.

If at any time a defendant does appear in Court in response to a traffic ticket or summons and the case is continued and he thereafter fails to appear a warrant can be issued by the Court requiring the


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defendant to appear, make bond and answer such charges.

Section 115.100. Installment Payment of Fines. [CC §3.16; Ord. No. 267, 7-7-1986] A.

When a defendant sentenced to pay a fine defaults in the payment of the fine or in any installment, the Court upon motion of the Prosecuting Attorney or upon its own motion may require him to show cause why he should not be imprisoned for non-payment. The Court may issue a warrant of arrest or a summons for his appearance.

B.

Following an order to show cause under Subsection (A), unless the defendant shows that his default was not attributable to an intentional refusal to obey the sentence of the Court, or not attributable to obtain the necessary funds for payment, the Court may order the defendant imprisoned for a term not to exceed thirty (30) days. The Court may provide in its order that payment or satisfaction of the fine at any time will entitle the offender to his release from such imprisonment or, after entering the order may at any time reduce the sentence for good cause shown, including payment or satisfaction of the fine.

C.

If it appears that the default in the payment of a fine is excusable under the standards set forth in Subsection (B), the Court may enter an order allowing the offender additional time for payment, reducing the amount of the fine or of each installment, or revoking the fine or the unpaid portion in whole or in part.

D.

When a fine is imposed on a corporation it is the duty of the person or persons authorized to make disbursement of the assets of the corporation and their superiors to pay the fine from the assets of the corporation. The failure of such persons to do so shall render them subject to imprisonment under Subsections (A) and (B).

E.

Upon default in the payment of a fine or any installment thereof, the fine may be collected by any means authorized for the enforcement of money judgments.

Chapter 120. Personnel Policy Section 120.010. Personnel Policy. The personnel policy and amendments thereto are on file in the City Clerk's office.

Chapter 125. Park and Recreation Board Section 125.010. Establishment. [CC §1.20; Ord. No. 59, 7-21-1975; Ord. No. 462 §2, 5-17-1993; Ord. No. 693 §§1-2, 4-16-2001] There is hereby established a Park and Recreation Board for the City of St. John consisting of at least three (3) and not more than ten (10) members who shall be residents of the City of St. John. The members shall be appointed by the City Council for three (3) years of staggered terms. They shall serve without any compensation. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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Section 125.020. Advisory Board — Duties. [CC §1.20; Ord. No. 59, 7-21-1975] The Park and Recreation Board shall be advisory in character and offer annually, a set of written proposals to the City Manager regarding proposed park improvements to be incorporated under the Annual Capital Improvement Programs. When requested by the Council, the Board shall offer written comments or suggested legislation and consider any bills respecting park improvements. Further, the Park and Recreation Board shall assist the City, when requested by the Manager, in promoting any rules and regulations governing the use of all park facilities and a copy of said rules and regulations shall be filed with the Clerk of the City of St. John.

Chapter 130. Conflicts of Interests Section 130.010. Declaration of Policy. [Ord. No. 411 §1, 8-19-1991; Ord. No. 497 §1, 8-15-1994; Ord. No. 559 §1, 12-16-1996; Ord. No. 614 §1, 8-17-1998] The proper operation of government requires that public officials and employees be independent, impartial and responsible to the people; that government decisions and policy be made in the proper channels of the governmental structure; that public office not be used for personal gain; and that the public have confidence in the integrity of this government. In recognition of these goals, there is hereby established a procedure for disclosure by certain officials and employees of private financial or other interests in matters affecting the City of St. John, hereinafter referred to as the "the City".

Section 130.020. Conflicts of Interest. [Ord. No. 411 §2, 8-19-1991; Ord. No. 497 §2, 8-15-1994; Ord. No. 559 §2, 12-16-1996; Ord. No. 614 §2, 8-17-1998] A.

All elected and appointed officials, as well as employees of the City, must comply with Section 105.454 of Missouri Revised Statutes on conflicts of interest, as well as any other State law governing official conduct.

B.

Any member of the Governing Body of the City who has a "substantial personal or private interest" in any measure, bill, order or ordinance proposed or pending before such Governing Body must disclose that interest to the Secretary or Clerk of such body and such disclosure shall be recorded in the appropriate journal of the Governing Body. "Substantial personal or private interest" is defined as ownership by the individual, his spouse, or his dependent children, whether singularly or collectively, directly or indirectly of: 1.

Ten percent (10%) or more of any business entity;

2.

Interest having a value of ten thousand dollars ($10,000.00) or more; or

3.

The receipt of a salary, gratuity, or other compensation or remuneration of five hundred dollars ($500.00) or more, per year from any individual, partnership, organization, or association within any calendar year.

Section 130.030. Disclosure Report. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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[Ord. No. 411 §3, 8-19-1991; Ord. No. 497 §3, 8-15-1994; Ord. No. 559 §3, 12-16-1996; Ord. No. 614 §3, 8-17-1998] A.

Each elected official, the City Manager, the Chief Purchasing Officer if one is appointed in the future, the City Attorney, and officials or employees authorized to promulgate or vote on rules and regulations with the force of law shall disclose the following information by May first (1st) if any such transactions occurred during the previous calendar year: 1.

For such person, and all persons within the first degree of consanguinity or affinity of such person, the date and the identities of the parties to each transaction with a total value in excess of five hundred dollars ($500.00), if any, that such person had with the City, other than compensation received as an employee or payment of any tax, fee or penalty due to the City, and other than transfers for no consideration to the City.

2.

The date and the identities of the parties to each transaction known to the person with a total value in excess of five hundred dollars ($500.00), if any, that any business entity in which such person had a substantial interest, had with the City, other than payment of any tax, fee or penalty due to the City or transactions involving payment for providing utility service to the City, and other than transfers for no consideration to the City.

3.

The City Manager and the Chief Purchasing Officer, if one is appointed in the future, also shall disclose by May first (1st) for the previous calendar year the following information: a.

The name and address of each of the employers of such person from whom income of one thousand dollars ($1,000.00) or more was received during the year covered by the statement;

b.

The name and address of each sole proprietorship that he owned; the name, address and the general nature of the business conducted of each general partnership and joint venture in which he was a partner or participant; the name and address of each partner or coparticipant for each partnership or joint venture unless such names and addresses are filed by the partnership or joint venture with the Secretary of State; the name, address and general nature of the business conducted of any closely held corporation or limited partnership in which the person owned ten percent (10%) or more of any class of the outstanding stock or limited partnership units; and the name of any publicly traded corporation or limited partnership that is listed on a regulated stock exchange or automated quotation system in which the person owned two percent (2%) or more of any class of outstanding stock, limited partnership units or other equity interests;

c.

The name and address of each corporation for which such person served in the capacity of a director, officer or receiver.

Section 130.040. Filing of Reports. [Ord. No. 411 §4, 8-19-1991; Ord. No. 497 §4, 8-15-1994; Ord. No. 559 §4, 12-16-1996; Ord. No. 614 §4, 8-171998] A.

The financial interest statements shall be filed at the following times, but no person is required to file more than one (1) financial interest statement in any calendar year. 1.

Every person required to file a financial interest statement shall file the statement annually not later than May first (1st) and the statement shall cover the calendar year ending the immediately preceding December thirty-first (31st); provided that any affected person may supplement their financial interest statement to report additional interests acquired after December thirty-first (31st) of the covered year until the date of filing of the financial interest statement;


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2.

Each person appointed to office or employed as provided for in Section 130.030 shall file the statement within thirty (30) days of such appointment or employment; and

3.

Financial disclosure reports giving the financial information required in Section 130.030 shall be filed with the City and the Missouri Ethics Commission. The reports shall be available for public inspection and copying during normal business hours.

Chapter 135. Purchasing Procedures Section 135.010. through Section 135.030. (Reserved) [1]:

Editor's Note — Ord. no. 743 §1(A), adopted August 19, 2002, repealed sections 135.010 — 135.030 regarding "requisitions" in their entirety. Former sections 135.010 — 135.030 derived from CC §§5.01 — 5.03 and ord. no. 23, 10-7-74. These sections are reserved for the city's future use.

Section 135.040. Purchase Order. [CC §5.04; Ord. No. 23, 10-7-1974; Ord. No. 743 §1(B), 8-19-2002] A.

The signed purchase order is the vendor's authorization to ship the equipment, materials or supplies as specified thereon. It constitutes the contract between the City and the vendor. Purchase orders must be clear and concise in order to avoid misunderstandings and unnecessary correspondence with the vendors. Purchase orders may be signed by the department head for approved budgeted items. Emergency purchases or other non-budgeted purchases may only be signed by the respective department head or City Manager.

B.

The purchase order shall be prepared in three (3) copies from information received from the competitive quotations or the competitive bidding process on all purchases greater that one thousand dollars ($1,000.00) or if requested by the vendor. The purchase order will be signed by the respective department head or City Manager and distributed as follows: 1.

Original copy (white) is sent to the vendor;

2.

Second (2nd) copy (orange) is kept in the office of the Finance Officer and filed in an open order file by alphabet for follow-up until the bill has been received; and

3.

The third (3rd) copy (pink) is placed in a record file in numerical order.

Section 135.050. (Reserved) [1]:

Editor's Note — Ord. no. 743 §1(C), adopted August 19, 2002, repealed section 135.050 "change order" in its entirety. Former section 135.050 derived from CC §5.05 and ord. no. 23, 10-7-74. This section is reserved for the city's future use.

Section 135.060. Invoices. [CC §5.06; Ord. No. 23, 10-7-1974; Ord. No. 743 §1(D), 8-19-2002] http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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A.

An invoice is the vendor's statement of their charge against the City for materials or services rendered. Invoices are based on orders placed by a City employee and must contain substantially the same information as agreed upon by the employee and the vendor or from the competitive quote or bid process. The invoice will normally be mailed to the department head. In some cases, however, the invoices may be delivered with the goods at the receiving point. In such cases, the department head should attach the invoice to the receiving report and forward it to the Finance Officer.

B.

The department head will then submit the invoice to the Finance Officer after verifying that the materials were received or that services were rendered and then properly coding the invoice with the proper chart of accounts number with the signature of the department head approving said purchase. The invoice will then be submitted for payment.

Section 135.070. Competitive Bidding. [CC §5.07; Ord. No. 23, 10-7-1974; Ord. No. 278, 10-20-1986; Ord. No. 743 §1(E), 8-19-2002] A.

The City Code provides that all purchases shall be subject to competitive bidding. However, formal competitive sealed bids shall not be required in the following cases if, in the judgment of the City Manager, a lower price cannot be obtained by requiring competitive sealed bids. 1.

Orders under one thousand dollars ($1,000.00). Where the cost of supplies, materials, equipment, contractual labor or services does not exceed one thousand dollars ($1,000.00) and if it is a budgeted item with the approval of the City Manager.

2.

Orders between one thousand dollars ($1,000.00) and five thousand dollars ($5,000.00). Where the cost of supplies, materials, equipment, contractual labor or services exceeds one thousand dollars ($1,000.00) but does not exceed five thousand dollars ($5,000.00) and the City Manager calls for competitive quotations, either in writing, by fax or by e-mail. The department head will attempt to procure at least three (3) competitive quotations, if at all possible.

3.

Sole source of supply. Where supplies, materials, equipment, contractual labor or services do not enter into competition with other supplies, materials, equipment, contractual labor or services.

4.

Professional services. Where services of a professional nature, consultant or agent of record are secured.

5.

Other bids. Where the cost for supplies, materials, equipment, contractual labor/services are offered in conjunction with a State or local bid process.

6.

Situations calling for competitive negotiations. Where it can be demonstrated that the City receives the best value on a purchase through informal discussion and bargaining rather than through the conventional bidding process, the department head need not follow the conventional bidding process exclusively. Such purchases shall be documented by the department head and given prior approval by the City Manager. Examples would include, but not be limited to, circumstances where time is a crucial factor, when the procurement involves high technology items or when there is obvious inherent economy in purchasing from a particular vendor.

Section 135.080. Formal Bid Procedures. [CC §5.08; Ord. No. 23, 10-7-1974; Ord. No. 743 §1(F), 8-19-2002; Ord. No. 939 §1, 9-21-2009] A.

All formal sealed bids are to be submitted on a bid form which the City Manager will provide the vendor. Whenever possible, at least three (3) bids shall be solicited on each item subject to competitive


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bidding. B.

Notice Inviting Bids. 1.

Newspaper. Notice inviting bids shall be published once in a newspaper or electronic media of general circulation at least five (5) days preceding the last day set for the receipt of proposals. The notice required herein shall include a general description of the articles to be purchased or sold, shall state how bid forms and specifications may be secured, and the time and place for opening of bids.

2.

Bidders' list. Sealed bids shall also be solicited from all responsible prospective suppliers who have requested their names to be added to a "bidders' list" which the Finance Officer shall maintain by sending them a copy of said notice. Invitations sent to the vendors on the bidders' list shall be limited to products that are similar in character and ordinarily handled by the trade group in which the invitations are sent.

C.

Bid Deposits. When deemed necessary by the City Manager, bid deposits shall be prescribed in the public notices inviting bids. Unsuccessful bidders shall be entitled to the return of their surety where the City Manager has required such. A successful bidder shall forfeit any surety required by the City Manager upon failure on the part of the vendor to enter into a contract or agreement with the City within ten (10) days.

D.

Bid Opening Procedure. 1.

Sealed bids. Bids shall be submitted sealed to the City Manager and shall be identified as "sealed bid" on the envelope.

2.

Opening bids. Bids shall be opened in public at the time and place stated in the public notice.

3.

Tabulation. A tabulation of all bids received shall be forwarded to the City Council for review at a Bid Review Committee meeting and be made available for review upon request.

E.

Rejection Of Bids. The City Council shall have the authority to reject all bids, parts of all bids, or all bids for any one (1) or more supplier or service contractor included in the proposed contract when the public interest shall be served thereby. The City Manager shall not accept the bid of a contractor who is in default on the payment of taxes, licenses or other monies due the City.

F.

Award Of Contract. 1.

Authority. The City Council shall authorize the City Manager to award contracts upon a majority affirmative vote.

2.

Lowest responsible bidders. Contracts shall be awarded to the "lowest responsible bidders". In addition to price, the following shall be considered: a.

The ability, capacity and skill of the bidder to perform the contract, provide the product or provide the service required;

b.

Whether the bidder can perform the contract, provide the product or provide the service promptly, or within the time specified, without delay or interference;

c.

The character, integrity, reputation, judgment, experience and efficiency of the bidder;

d.

The quality of performance of previous contracts or services;

e.

The previous and existing compliance by the bidder with laws and ordinances relating to the contract, product or services;

f.

The sufficiency of the financial resources and ability of the bidder to perform the contract,


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provide the product or the service;

G.

g.

The quality, availability and adaptability of the supplies, products or contracted services to the particular use required;

h.

The ability of the bidder to provide future maintenance and service for the use of the subject of the contract;

i.

The number and scope of conditions attached to the bid.

3.

Award to other than lower bidder. When the award is not given to the lowest bidder, a full and complete statement of the reasons for placing the order elsewhere shall be prepared by the department head subject to the approval of the City Manager and filed with the other papers relating to the transaction.

4.

Tie bids. a.

Local vendors. If all bids received are for the same total amount or unit price, quality and service being equal, the contract shall be awarded to a local bidder.

b.

Outside vendors. Where Subsection 4(a) is not in effect, the City Council has the option to award the contract to one (1) of the vendors whose bid is tied or may divide the purchase among those tying, always accepting the bid or bids most advantageous to the City.

5.

Performance bonds. The City Manager shall have the authority to require a performance bond, before entering into a contract, in such amount as found reasonably necessary to protect the best interests of the City.

6.

Safety training requirements. a.

The project approved by this ordinance is subject to the requirements of Section 292.675, RSMo., which requires all contractors or subcontractors doing work on the project to provide, and require its on-site employees to complete, a ten (10) hour course in construction safety and health approved by the Occupational Safety and Health Administration (OSHA) or a similar program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program. The training must be completed within sixty (60) days of the date work on the project commences. On-site employees found on the work site without documentation of the required training shall have twenty (20) days to produce such documentation.

b.

The request for bids for this project shall specify the requirements of Section 292.675, RSMo.

c.

The contract awarded for this project shall specify the requirements of Section 292.675, RSMo., and shall include a notice of the penalties for a contractor's failure to comply with that Statute.

Prohibition Against Subdivision. No contract or purchase shall be subdivided to avoid the requirements of this Section.

Section 135.090. Emergency Purchases. [CC §5.09; Ord. No. 23, 10-7-1974; Ord. No. 743 §1(G), 8-19-2002] A.

Emergency Situation Defined. "Emergency situations" shall be defined as those in which the operation of the department would be seriously hampered, or when the protection and preservation of public property would not be possible by following normal purchasing procedures.


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B.

Responsibility For Emergency Purchases. Emergency purchases will be made only when a situation as defined in Subsection (A) exists. Orders placed which do not meet this requirement will become the responsibility of the individual placing the order.

C.

Requisitioning Emergency Purchases. In every case involving an emergency purchase, the nature of the emergency must be explained in a memorandum from the department head to the City Manager.

D.

Emergency Purchases During Normal Working Hours. The department head will notify the City Manager who may give verbal approval of the transaction and furnish advice as to the best source for the purchase. The City Manager may authorize a purchase order number or verbal authorization based upon the procedure in Subsection (C).

E.

Emergency Purchases Made Outside Normal Working Hours. If an emergency occurs at a time other than during normal working hours, the using department may purchase directly the commodities needed. At the time of the purchase, the department will secure from the vendor a sales ticket or invoice for the material which will be forwarded to the department head at the earliest convenience possible accompanied by a memorandum justifying the emergency purchase. These documents will be forwarded to the City Manager for final approval and payment.


Editor's Note — Ord. no. 743 §1(H), adopted August 19, 2002, repealed section 135.100 "fringe agreement purchases" in its entirety. Former section 135.100 derived from CC §5.10 and ord. no. 23, 10-7-74. This section is reserved for the city's future use.

Section 135.110. Petty Cash Purchases. [CC §5.11; Ord. No. 23, 10-7-1974; Ord. No. 743 §1(I), 8-19-2002] A.

A Petty Cash Fund is hereby established by the City Manager in the office of the Finance Officer. The fund and amount shall be designated by the City Manager. Routine purchases of small amounts should be made from petty cash rather than submit an invoice if practical.

B.

The following regulations will apply to all petty cash funds. 1.

Personal checks. No personal checks are to be cashed.

2.

Reimbursement to authorized personnel only. Reimbursement is to be made only to personnel authorized by the department head. It shall be the responsibility of the department head to properly code or classify the item or expenditure and the written approval shall be taken as proper authorization for the Finance Officer to charge that respective department when replenishing the fund.

Section 135.120. Request for Travel Advances and Reimbursements. [CC §5.15; Ord. No. 23, 10-7-1974] A.

The following procedures are prescribed for obtaining travel advances or reimbursements:


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1.

To obtain a travel advance, the requesting department must complete a form, "Request for Leave of Absence for Attendance at Municipal Meeting or Training Session" in triplicate, and forward the request to the City Manager for approval. The City Manager will ensure that: a.

The form is completed, properly coded and approved;

b.

There is sufficient unencumbrance balance in the account to cover the cost; and

c.

There is cash available for the payment. Upon satisfactory determination of the above, a travel advance check will be prepared and the amount will be set up in the Accounts Receivable - Employees Account.

2.

When an employee returns, he must complete an Expense Report. To complete the report properly, the employee must submit supporting details, including receipts, hotel bills, etc. or attach explanations for cash items shown on the report. After approval of this form by the Department Head and the City Manager, it must be forwarded to the Accounts Clerk for final processing.

3.

The provisions of this Section apply regardless of whether the advance is less than or in excess of the actual amount expended, the balance due the City must be returned with the Expense Report. If the advance is less than the actual expenses, a check will be issued for the balance due to the employee and charged to the appropriate travel account.

4.

Refunds due the City for less than one dollar ($1.00) need not be returned. Refunds due the individual for less than one dollar ($1.00) will not be paid.

Section 135.130. Purchase of Surplus Property. [CC §5.16; Ord. No. 23, 10-7-1974] A.

Property declared surplus by the Armed Forces is made available to the City of St. John through the Emergency Management Agency from the Federal G.S.A. office and Surplus Property Agency of the State of Missouri. Each request for surplus property must be justified to a Civil Defense Agency by showing how these items are used in the local Civil Defense Program.

B.

Normal purchasing procedures will not be used for the purchase of surplus property.

C.

The Civil Defense Division of the Department of Public Safety receives a list of equipment, including description, cost and coded condition of equipment from State headquarters at Jefferson City.

D.

The Department Head may then order by written memorandum to the Civil Defense Officer items of surplus property which are listed as available or other items needed which may be available. It shall be the responsibility of the Department Head to determine if appropriation balances are available to cover the cost of such ordered surplus property.

E.

Upon his return from Jefferson City, the Civil Defense Officer will distribute copies of the packing slip to applicable using Department Heads. The Department Head shall immediately complete and submit a Purchase Requisition form for the surplus items purchased for his department's use. Upon receipt of the items, the second (2nd) copy of the Requisition will be completed and returned to the Accounting Division along with all packing slips, invoices, etc. to be processed onto a change order.

F.

The Civil Defense Officer will be responsible for the receipt and delivery to using departments of all surplus items.


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G.

In order to comply with Federal regulations, all equipment obtained from this source will be utilized by the City and shall not be used for personal use. All motorized equipment must carry the Civil Defense identification. On the reverse side of each invoice are the rules for the acquisition, use and disposal of surplus property. These conditions must be strictly adhered to.

Section 135.140. Disposal of Surplus and Obsolete Property. [CC §5.17; Ord. No. 23, 10-7-1974] A.

Occasionally a department may have materials or equipment which are surplus to their needs or which may have become obsolete. Such property will be disposed of by the City Manager in whatever manner he deems most advisable. The City Manager will be guided in matters of this nature by the Code of the City of St. John covering the use of equipment and supplies.

B.

Periodically the City Manager will request the various department and administrative boards to file a report on any obsolete, surplus, or worn-out material on hand. A composite report of these items will then be made available to Department Heads to determine if they might have use for any of this material or equipment.

C.

Surplus City property, other than real estate, which is to be sold, will be advertised for bids by the City Manager. City Council approval is required by the Purchasing ordinance for all disposal of City property. After approval of the City Council, the property will be sold to the highest bidder for cash.

D.

In advertising and accepting bids for surplus or obsolete property, competitive bidding procedures are followed. If formal bids are requested, they will be opened at the time and place specified in the inquiry. When necessary, a bid surety may be required of prospective bidders. The amount of this surety may be designated by the City Manager. Determination of the highest and best bidder will be made by the City Manager.

Chapter 140. Taxation Article I. Property Taxes Section 140.010. Real and Personal Taxes. [CC §6.01; Ord. No. 47, 4-7-1975; Ord. No. 231, 8-20-1984; Ord. No. 237, 2-18-1985; Ord. No. 546-A §1, 7-1-1996] A.

There is hereby levied on all property, real, personal or mixed, within the corporate limits of the City of St. John, a tax rate to be calculated in accordance with the guidelines mandated by the Missouri State Auditor, on the one hundred dollars ($100.00) assessed valuation as shown on the assessment books of St. Louis County, as corrected or amended by the Board of Equalization, and certified by the County Clerk.

B.

The City Council of the City of St. John shall hold a public hearing to discuss and adopt the annual tax rate for that calendar year in accordance with the State of Missouri Statutes.

Section 140.020. Authorization of Clerk of St. Louis County. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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[CC §6.02; Ord. No. 23, 10-7-1974] The Clerk of St. Louis County, Missouri, is hereby authorized to extend on the books of the Collector the amount of taxes due and collectible according to the above rate on all property, real, personal or mixed, within the corporate limits of the City of St. John.

Section 140.030. Authorization of Collector of St. Louis County. [CC §6.03; Ord. No. 23, 10-7-1974] The St. Louis County Collector, as an agent of the City of St. John, is hereby authorized to collect the taxes so extended by the Clerk of St. Louis County and due the City; in the same manner and under the same rules and regulations as may be provided by the law for collecting and enforcing the payment of State and County taxes.

Section 140.040. Compensation to Be Paid at St. Louis County. [CC §6.04; Ord. No. 23, 10-7-1974] The Compensation to be paid to St. Louis County for such service shall be the commissions set out in Section 52.260, of the Revised Statutes of Missouri.

Section 140.050. Penalty Against Delinquent Lands. Each tract of land in the back tax book, in addition to the amount of tax delinquent, shall be charged with a penalty of eighteen percent (18%) of each year's delinquency except that the penalty on lands redeemed prior to sale shall not exceed two percent (2%) per month or fractional part thereof.

Section 140.060. Transmittal of Ordinance to Clerk of St. Louis County and Collector of St. Louis County. [CC §6.06; Ord. No. 231, 8-20-1984] The City Manager is hereby authorized to transmit a certified copy of this ordinance to the Clerk of St. Louis County Council and the Collector of St. Louis County.

Section 140.070. Authorization to Transfer to City From Group "A" Cities to Group "B" Cities for Purpose of Sales Tax Refund. [CC §6.07; Ord. No. 126, 6-5-1978; Ord. No. 237, 2-18-1985] In accordance with Senate Bill 234, the Council of the City of St. John notifies the Director of Revenue of the State of Missouri, that it consents to the transfer from Group "A" to Group "B" as provided by said bill, which authorizes said funds to be distributed according to population from the County Sales Tax Trust Fund.


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Article II. Sales Tax Section 140.080. Sales Tax. [CC §9.10, Ord. No. 23, 10-7-1974] A tax of one percent (1%) upon the receipts from the sale at retail of all tangible personal property and taxable services within the City of St. John is hereby levied and imposed upon all persons selling or furnishing tangible personal property or rendering services at retail in the City of St. John.

Section 140.090. Statutory References. [CC §9.11; Ord. No. 23, 10-7-1974] The tax provided for in this Article is imposed to the extent and in the manner provided in Sections 144.010 to 144.525 of the Missouri Revised Statutes, and Rules and Regulations of the Director of Revenue of the State of Missouri, issued pursuant thereto.

Section 140.100. Revenues. [CC §9.12; Ord. No. 23, 10-7-1974] All revenues collected and received by the City of St. John from the tax imposed by this Article shall be deposited in the City Treasury to the credit of either the General Revenue Fund or Capital Works Reserve Fund.

Section 140.110. Authorization. [CC §9.13; Ord. No. 23, 10-7-1974] The tax provided for in this Article shall be in effect as of September 18, 1973, when a proposal to authorize the City Council of the City of St. John to impose a City sales tax at the rate of one percent (1%) was approved by a majority of the votes cast by the qualified voters of the City of St. John voting thereon and as provided in Sections 94.500 through 94.570 of the Missouri Revised Statutes.

Section 140.120. Reporting. [CC §9.14; Ord. No. 23, 10-7-1974] By February first (1st) of each year, all businesses in the City of St. John must submit to the City Manager a certified copy of the prior years gross sales receipts. This may be a copy of the annual report which is submitted to the State.

Chapter 141. Parks and Stormwater Tax Section 141.010. Parks and Stormwater Tax. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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[Ord. No. 821 §§1, 3, 1-3-2005] A.

The City of St. John shall impose a sales tax of one-half of one percent (0.5%) for the purpose of providing funding for stormwater control and local park programs for the City of St. John.

B.

Upon passage by the voters, all revenue received by the City of St. John from the tax authorized under the provisions of this Section and Section 644.033, RSMo., shall be deposited in a special trust fund and shall be used to provide funding for stormwater control and local park programs within the City of St. John.

[1]:

Editor's Note — This tax passed in the election of April 5, 2005.

Chapter 145. Tax Increment Finance Commission Section 145.010. Tax Increment Finance Commission — Created. [Ord. No. 310 §1, 11-16-1987] There be and is hereby created a Commission to be known at the "Tax Increment Financing Commission of St. John, Missouri" which Commission shall have continuous and perpetual existence unless and until terminated by action of this City Council.

Section 145.020. Tax Increment Finance Commission — Membership. [Ord. No. 310 §2, 11-16-1987; Ord. No. 424 §1, 3-2-1992] The Tax Increment Financing Commission of St. John, Missouri, will be composed of six (6) members appointed by the Mayor, who may also be members of the City Council of the City of St. John, Missouri, with the consent of the majority of the City Council to serve without compensation. Nothing in this Section shall bar Commission members from being reimbursed for reasonable out-of-pocket expenses. Two (2) other members appointed by the School Boards which district is included within the redevelopment area will be appointed after the submission of a redevelopment plan and one (1) more member representative will be appointed to represent all other taxing districts levying ad valorem taxes within the area. The members who are appointed by the School Boards and other taxing districts shall serve on the Commission for a term to coincide with the length of time a redevelopment project, redevelopment plan or designation of a redevelopment area, is considered for approval by the Commission. Such term shall terminate upon final approval of the project, plan or designation of the area by the Governing Body of the Municipality. Thereafter the Commission shall consist of the six (6) members appointed by the Municipality, except that members representing School Boards and other taxing districts shall be appointed as provided in this Section prior to any amendments to any redevelopment plans, redevelopment projects or designation of a redevelopment area. If any school district or other taxing jurisdiction fails to appoint members of the Commission within thirty (30) days of receipt of written notice of a proposed redevelopment plan, redevelopment project or designation of a redevelopment area, the remaining members may proceed to exercise the power of the Commission.

Section 145.030. Term of Members. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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[Ord. No. 310 §3, 11-16-1987, Ord. No. 424 §1, 3-2-1992] Of the members first appointed by the Municipality, two (2) shall be designated to serve for terms of two (2) years, two (2) shall be designated to serve for a term of three (3) years, and two (2) shall be designated to serve for a term of four (4) years from the date of such initial appointments. Thereafter, the members appointed by the Municipality shall serve for a term of four (4) years, except that all vacancies shall be filled for unexpired terms in the same manner.

Section 145.040. Powers of Commission. [Ord. No. 310 §4, 11-16-1987] The City Council does hereby authorize and approve the exercise by the Commission of all of the powers delegated under the Real Property Tax Increment Allocation Redevelopment Act as amended and in particular those enumerated in Section 99.820 thereof.

Section 145.050. Organization of Commission. [Ord. No. 310 §5, 11-16-1987] The Commission, upon the effective date, November 16, 1987, of this Chapter, shall organize itself and elect from its number a Chairman, Vice-Chairman, Treasurer and Secretary, and such other officers as it deems necessary, each to serve for one (1) year terms or until their successors are elected.

Section 145.060. Meetings — Rules and Regulations. [Ord. No. 310 §7, 11-16-1987] The Commission shall meet regularly and shall adopt such rules and regulations for operation as shall enable it to maintain an orderly procedure for its business and to effectively and efficiently exercise the powers authorized by the Statute and delegated to it by the City Council.

Section 145.070. Records of Commission. [Ord. No. 310 §8, 11-16-1987] The Commission shall keep records and minutes of its meetings and shall report annually to the City Council respecting its activities.

Section 145.080. Development Account Established. [Ord. No. 310 §9, 11-16-1987] A.

There is hereby established the St. John, Missouri, Development Account which shall be a separate account within the accounts and budgets of the City of St. John, and which shall be under the general control of the Commission subject to the approval of this City Council prior to the disbursement of funds which approval may be general in nature when done pursuant to a plan for use of funds over a period of time. This Development Account may have numerous subaccounts with various restrictions established by this City Council, the Commission or as may be required by the terms under which the funds are obtained by the Commission, and which funds shall be used solely by this municipality to pursue its economic and redevelopment public purposes and not for the general operation of the City


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or any other purposes, as directed by the Commission and approved by the City Council of this City. This account or its subaccounts shall be the depository for the borrowings, receipts and any other earnings, grants, donations, advances, proceeds of sale, income, or other cash funds and the interest earnings thereon, received by the Commission in its operations. These special funds shall not lapse if undisbursed at the end of each Municipal Fiscal Year. B.

Funds accumulated within said Account shall be administered by the Commission or the administrator it designates by Resolution pursuant to the guidelines for the Development Account attached to Ordinance 310 as Exhibit A and on file in the office of the City Clerk.

Section 145.090. Funds. [Ord. No. 310 §10, 11-16-1987] The City hereby appropriates from the uncommitted General Funds of the City of St. John, twenty-thousand dollars ($20,000.00) to be loaned to the Industrial Development Authority of the City of St. John on the condition that said funds be re-loaned to the Commission hereby formed. The funds so advanced hereby are to be secured by a second (2nd) deed of trust on property owned by the industrial Development Authority of St. John and which property is more fully described in Exhibit B of Ordinance 310 and on file in the office of the City Clerk. The second (2nd) deed of trust shall be in a form and its terms shall be substantially in the form of Exhibit C of Ordinance 310 and on file in the office of the City Clerk. However these funds are to be repaid to the Industrial Development Authority of the City of St. John for repayment to the General Funds of the City at the earliest possible date from the revenues of the Commission pursuant to a note attached as Exhibit D of Ordinance 310 and on file in the office of the City Clerk. The Commission is hereby authorized to disburse said funds for the retention of its attorney and its initial operating and other profession expenses.

Section 145.100. Agreements and Documents. [Ord. No. 310 §11, 11-16-1987] The City Manager, Mayor and other officers of the City of St. John and the Commission when organized are hereby authorized to execute such documents and agreements with the said Industrial Development Authority and others as are necessary to complete the intents and purposes of this Chapter.

Public Health, Safety and Welfare Chapter 200. Police Services Article I. Mutual-Aid Agreements Section 200.010. Reciprocal Contract With Overland, Woodson Terrace, and Breckenridge Hills Authorized. [CC §§30.20 — 30.22; Ord. No. 32, 12-16-1974] A.

The City of St. John hereby contracts respectively and separately with the Cities of Overland, Woodson


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Terrace and the Village of Breckenridge Hills for certain common police services under the terms and conditions herein contained. B.

Effective Date. The contract shall become effective with respect to each Municipality named, upon the passage of a like ordinance authorizing such contract by such Municipality.

C.

Duration of Contract. This contract, insofar as it is applicable to any particular Municipality, may be terminated at any time by any party hereto thirty (30) days after service upon the Clerks of the other contracting Municipalities of a certified copy of an ordinance terminating this contract as to such Municipality.

Section 200.020. Duties of Police Forces (Contracting Cities). [CC §30.23; Ord. No. 32, 12-16-1974] A.

The members of the Police Forces of the contracting Municipalities shall respond to requests for assistance within the boundary limits of any other contracting Municipality under the following circumstances: 1.

At the request of any Police Officer in an emergency and on approval of the ranking officer then on duty in the Municipality requested to lend assistance, provided that such prior approval shall not be required where, in the judgment of the assisting Officer, delay might endanger human life.

2.

By agreement from time to time of the heads of the Police Departments of the Municipalities affected, where the Municipality requesting assistance has reason to believe that such Municipality's Police Forces are not sufficient for the preservation of peace and good order in such Municipality.

Section 200.030. Duties of St. John Police. [CC §30.24; Ord. No. 32, 12-16-1974] It shall be the duties of members of the Police Force of the City of St. John to perform police services in any Municipality that is a party to this contract when requested and authorized to do so in the manner provided by Section 200.020 hereof.

Section 200.040. Powers and Authorities Conferred. [CC §30.25; Ord. No. 32, 12-16-1974] Each Police Officer performing services in any other Municipality in accordance with the terms of this contract shall have all of the powers, rights, privileges, duties and immunities of the members of the Police Force of the Municipality requesting assistance, but shall remain in the employment and under the direction, supervision and control of the proper officers and authorities of their own respective Municipality.

Section 200.050. Mutual Consideration. [CC §30.26; Ord. No. 32, 12-16-1974] Consideration for this contract shall be the mutual agreements of the parties hereto and no compensation shall be paid by any participating Municipality to any other. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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Section 200.060. Equipment Used. [CC §30.27; Ord. No. 32, 12-16-1974] Equipment and property utilized in carrying out the common police services provided by this contract shall be at the risk of the Municipality owning the same, and any loss or damage thereto shall be borne by such owner Municipality, provided that nothing herein contained shall be construed to limit the liability of any Municipality or of its agents, servants or employees arising out of tortious conduct.

Section 200.070. Police Service Agreement With St. Louis County. [CC §30.28; Ord. No. 104, 3-7-1977] The City of St. John agrees to provide Police Patrol Services to a Section of unincorporated St. Louis County on an annual basis based upon a yearly contractual cost The area is described as that portion of unincorporated St. Louis County adjacent to the northwestern boundary of the City of St. John consisting of residences and places of business in the area bordered by Edmundson Road on the east; Edmund Drive on the south; Midway Avenue on the west; and the City limits of Woodson Terrace on the north.

Section 200.080. Mutual-Aid Agreement With St. Louis County Office of Civil Preparedness. [CC §30.29; Ord. No. 115, 11-7-1977] The City of St. John contracts with the St. Louis County Office of Civil Preparedness for mutual-aid.

Article II. Major Case Squad Section 200.090. Participation in Major Case Squad Authorized. [CC §30.30; Ord. No. 288, 2-2-1987] A.

The Major Case Squad shall mean any formation, operation, organization or cooperative action between any County, Governing Body, any Municipal Government and the City of St. John, the purpose of which is intensive professional investigation of certain individual crimes that may occur in their general geographical area, and which is operated and activated on the request of a County Sheriff, County Police Superintendent or the Police Chief of a political subdivision wherein a crime has occurred.

B.

The Officers of the City of St. John Police Department are authorized to participate in and cooperate with any Law Enforcement Officers of jurisdictions in any Major Case Squad operation or formation. The Officers designated to act as the Major Case Squad operation will be so designated by the Chiefs of Police and when acting outside of the City of St. John as a member of the Major Case Squad operation shall be considered to be on active duty the same as if acting within the boundaries of the City of St. John.


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Article III. Mutual-Aid in Emergencies Section 200.100. Mutual-Aid in Disasters With Other Public Entities. [CC §20.28; Ord. No. 458 §1, 3-13-1993] Under the authority set forth in Section 70.837, RSMo., as amended Laws 1992, the Mayor, City Manager, Chief of Police, Emergency Preparedness Director, and Public Works Director are hereby authorized to provide assistance to any other Public Safety Agency in the State of Missouri or in a bordering State at the time of a significant emergency such as a fire, earthquake, flood, tornado, hazardous material incident, or other such disaster. Said aid and assistance may be rendered to any requesting agency as long as the officials authorized herein are acting in accordance with the policies and procedures set forth by the Governing Body of that Public Safety Agency.

Chapter 205. Dogs and Cats Section 205.010. Definitions. [CC §18.050; Ord. No. 25, 10-7-1974; Ord. No. 167, 6-16-1980; Ord. No. 666 §1, 5-15-2000] For the purpose of this Chapter the following words shall have the meanings set out below: CAT(S) Any domesticated cat or feline over the age of six (6) months. CITY OF ST. JOHN Any of its duly authorized employees. DOG(S) Any domesticated dog or canine over the age of six (6) months. KITTEN(S) Any domesticated cat or feline under the age of six (6) months. PUPPY(IES) Any domesticated dog or canine under the age of six (6) months. ST. LOUIS COUNTY HEALTH DEPARTMENT Shall be construed to mean the Health Official, Rabies Control or the Department of St. Louis County who acts as an agent for the City of St. John.

Section 205.020. Inoculation Required. [CC §18.060; Ord. No. 25, 10-7-1974; Ord. No. 666 §2, 5-15-2000] Every resident person who owns, controls, manages, possesses or has part interest in any dog/cat kept any time during the year or permits a dog/cat to come upon, in, and to remain in or about his home, place of business, or other premises, shall have such dog/cat inoculated against rabies, but such inoculation http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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requirements shall not apply to dogs/cats less than six (6) months of age. Such dogs/cats must be inoculated at least once each year unless a three (3) year type vaccine, approved by the St. Louis County Health Commissioner is administered, in which case the dogs/cats shall be inoculated at least every three (3) years. For the purposes of facilitating the provisions of this Section, the City of St. John or the St. Louis County Department of Public Health may hold dog/cat inoculation clinics.

Section 205.030. License Fee. [CC §18.070; Ord. No. 25, 10-7-1974; Ord. No. 666 §§2 — 3, 5-15-2000; Ord. No. 1030 §§1 — 3, 3-7-2014] An annual license fee of twenty dollars ($20.00) for each dog/cat, male or female, is hereby imposed upon every resident person who owns, controls, manages, possesses or has part interest in any dog/cat six (6) months of age or older, kept any time during the year, or upon every resident person who permits a dog/cat six (6) months of age or older to come upon, in and to remain in or about his home, place of business, or other premises in the area affected by this Chapter. There shall be a license fee of two dollars ($2.00) for each dog/cat having been neutered/spayed. An applicant for a dog/cat license for any dog/cat shall present to the Licensing Official a certificate of inoculation against rabies signed by a licensed veterinarian, which certificate shall have been executed sometime during the previous thirty-six-month period if a three-yeartype vaccine approved by the St. Louis County Health Commissioner was administered, or during the previous twelve-month period for all other vaccines, and which certificate shall bear thereon information as to the type of vaccine used, sex of the dog/cat, and if a female, whether or not it has been spayed. Said Licensing Official shall not issue a license unless such certificate shall be presented. Application for a dog/cat license shall be made, and the license obtained on or before May 1 of each year, for the succeeding twelvemonth period. The full license fee shall be paid and collected for part of a year. The transfer of ownership or custody of any dog/cat shall be reported to the Licensing Official by the transferee within ten (10) days after such transfer, by written notice, at which time the transferee shall pay the Licensing Official a transfer fee of twenty-five cents ($.25). There shall be no charge for a license for a dog properly trained to assist disabled persons when any such dog is actually being used by a disabled person for the purpose of aiding or assisting such disabled person in going place to place. Any owner of a dog/cat who suffers the loss of his dog/cat license tag shall report said loss promptly to the Licensing Official and exhibit the original license at which time he shall be issued a new license tag at a cost of twenty-five cents ($.25).

Section 205.040. Keep or Maintain, Etc. — Numbered Allowed. [CC §18.080; Ord. No. 25, 10-7-1974; Ord. No. 666 §4, 5-15-2000] It shall be unlawful to keep, maintain or care for more than two (2) dogs and/or two (2) cats on any residence or commercial establishment within the City of St. John.

Section 205.050. Puppies/Kittens. [CC §18.085; Ord. No. 25, 10-7-1974; Ord. No. 666 §5, 5-15-2000; Ord. No. 1030 §4, 3-7-2014] In the event that a female dog/cat gives birth to a litter of puppies/kittens, the owner of said female dog/cat must remove such puppies/kittens or make provisions for the removal of such puppies/kittens within six (6) months after their birth so that the provisions of Section 205.040 are complied with.

Section 205.060. License Tags. [CC §18.090; Ord. No. 25, 10-7-1974; Ord. No. 666 §5, 5-15-2000] http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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The Clerk of the City of St. John shall have prepared dog/cat license plates made of metal or other suitable material to be issued to applicants securing a license. Such license plates shall be numbered and the numbers thereon shall correspond to the number appearing on the license and on the application for such license. Such license plate shall be securely fastened on the collar or harness of the dog/cat for which the license is issued, and shall be worn at all times.

Section 205.070. Female Dogs/Cats — Confinement of. [CC 18.100; Ord. No. 25, 10-7-1974; Ord. No. 666 §5, 5-15-2000] All female dogs/cats shall be kept securely confined in an enclosed place while in heat.

Section 205.080. Impoundment of Dogs/Cats. [CC §18.110; Ord. No. 25, 10-7-1974; Ord. No. 666 §5, 5-15-2000] A.

The St. Louis County Health Commissioner and the employees of the County Department of Public Health or other persons designated by the City of St. John, shall have the power to catch, confine and impound dogs/cats and other animals as follows: 1.

All dogs/cats which are required to have licenses and which are without a license displayed in the manner provided herein.

2.

All female dogs/cats, licensed or unlicensed, not securely confined in an enclosed place while in heat.

3.

All dogs/cats or other animals affected with rabies and all dogs/cats and other animals suspected by such persons to be exposed to or affected with rabies, including dogs/cats or other animals known to have been bitten by a rabid animal, whether such dog/cat or other animal is running at large or on a leash and whether it is licensed or unlicensed.

4.

Dogs/cats or other animals impounded in accordance with this Section shall be impounded in the County Dog/Cat Pound or elsewhere under the supervision of and in a manner satisfactory to the City of St. John.

Section 205.090. Rabid Dogs/Cats — Disposal. [CC §18.120; Ord. No. 25, 10-7-1974; Ord. No. 666 §5, 5-15-2000] The City of St. John and the St. Louis County Health Commissioner, or a person designated by him, shall dispose of any dog/cat or other animal affected with rabies and he shall have the power to examine and impound any animal bitten or exposed to any animal affected with rabies. He shall have the power to require the owners of such dogs/cats to take necessary measures to prevent further spread of rabies, and to dispose of any exposed animal if such necessary measures are not take by the owners.

Section 205.100. Non-Rabid Dogs/Cats — Redemption. [CC §18.130; Ord. No. 25, 10-7-1974; Ord. No. 666 §6, 5-15-2000; Ord. No. 826 §1, 3-21-2005] A.

Any non-rabid dog or cat captured and impounded as authorized by Section 205.080 may be redeemed by the owner upon the presentation of a proper license and upon payment of a redemption


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fee of two dollars ($2.00) and upon payment to the City of an impoundment fee of twenty-five dollars ($25.00) for the first (1st) impoundment, fifty dollars ($50.00) for the second (2nd) impoundment, and one hundred dollars ($100.00) for each impoundment thereafter. B.

If the animal is not redeemed in the manner provided herein within five (5) days after its capture and/or its release from quarantine, such animal shall be disposed of as directed by the St. Louis County Health Commissioner.

Section 205.110. Health Commissioner May Enter — When. [CC §18.140; Ord. No. 25, 10-7-1974] It is unlawful for any person to conceal an animal or interfere with the agent of the City of St. John or the St. Louis County Health Commissioner, or persons designated by him, in the performance of their legal duties as provided in this Chapter. The agent of the City of St. John or the St. Louis County Health Commissioner shall have the right of entry to any unenclosed lots or lands for the purpose of collecting any stray or unlicensed dogs or other animals.

Section 205.120. Abandonment of Animals. [CC §18.150; Ord. No. 25, 10-7-1974] It is unlawful for any person having ownership, control, management or possession of any animal subject to rabies to abandon such animal in the City of St. John.

Section 205.130. Animal Bite — Report by Person. [CC §18.160; Ord. No. 25, 10-7-1974] A.

It shall be the duty of any person bitten by any animal or the parent or guardian of any minor child bitten by an animal to report the same to the St. Louis County Department of Health immediately. Such report shall contain the name and address of the owner and of the animal, the day and time bitten, the location where bitten, and a general description of the animal.

B.

The City of St. John or the St. Louis County Health Commissioner shall immediately take said animal into custody or have the same confined by the owner thereof for ten (10) days under the supervision of the Department of Public Health to determine whether such animal is affected with rabies. If the owner shall not confine such animal in a manner satisfactory to the St. Louis County Health Department, such animal shall be forthwith surrendered to the St. Louis County Health Commissioner or to a person or persons designated by him upon demand.

Section 205.140. Animal Bite — Report by Doctor. [CC §18.165; Ord. No. 25, 10-7-1974] It shall be the duty of every physician to report immediately to the St. Louis County Department of Public Health the full name, age and address of any person under his care or observation who has been bitten by an animal. Said physician shall report to the St. Louis County Department of Public Health the license number of such animal and the owner's name and address.


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Section 205.150. Destruction of Animals — Report. [CC §18.170; Ord. No. 25, 10-7-1974] Any person destroying an animal affected with rabies or suspected of being affected with rabies shall immediately notify the St. Louis County Department of Public Health and shall surrender the carcass of such animal upon demand. The owner or custodian of any such destroyed animal shall immediately provide the St. Louis County Department of Public Health with full particulars thereof, including the time, date, location, the names and addresses of any person bitten by said animal, and the name and address of the owner or person having custody of any animal exposed to the animal destroyed.

Section 205.160. Vicious Dogs. [CC §18.180; Ord. No. 331, 5-16-1988] A.

As used in this Section the following words shall have the meanings set out herein: OWNER Any person, firm, corporation, organization or department possessing or harboring or having the care or custody of a dog. In case a minor is the owner of such dog, the adult person in whose family the minor lives or who is in charge of the premises where such dog is kept, shall be responsible for compliance with the provisions of this Section. UNCONFINED A vicious dog is "unconfined" if the dog is not securely confined indoors or confined in a securely enclosed and locked pen or structure upon the premises of the owner of the dog. The pen or structure must have secure sides and a secure top attached to the sides. If the pen or structure has no bottom secured to the sides, the sides must be embedded into the ground not less than one (1) foot. All such pens or structures must be adequately lighted and kept in a clean and sanitary condition. VICIOUS DOG 1.

Any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury to, or otherwise threaten the safety of human beings or domestic animals; or

2.

Any dog which because of its size, physical nature, or vicious propensity is capable of inflicting serious physical harm or death to humans and which would constitute a danger to human life or property if it were not kept in the manner required by this Section; or

3.

Any dog which, without provocation, attacks or bites, or has attacked or bitten, a human being or domestic animal; or

4.

Any dog owned or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting.

B.

Confinement. The owner of a vicious dog shall not suffer or permit the dog to go unconfined.

C.

Leash and Muzzle. The owner of a vicious dog shall not suffer or permit the dog to go beyond the premises of the owner unless the dog is securely muzzled and restrained by a chain or leash, and under the physical restraint of the person. The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration, but shall prevent it from biting any human or animal.

D.

Signs. The owner of a vicious dog shall display in a prominent place on his or her premises a clearly


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visible warning sign indicating that there is a vicious dog on the premises. A similar sign is required to be posted on the pen or kennel of the animal. E.

Dog Fighting. No person, firm, corporation, organization or department shall possess or harbor or maintain care or custody of any dog for the purpose of dog fighting, or train, torment, badger, bait, or use any dog for the purpose of causing or encouraging the dog to attack human beings or domestic animals.

F.

Insurance. Owners of vicious dogs must within thirty (30) days of May 16, 1988, provide proof to the City Manager of public liability insurance in the amount of at least twenty-five thousand dollars ($25,000.00), insuring the owner for any personal injuries inflicted by his or her vicious dog.

G.

Penalties. Whoever violates any provision of this Section shall be guilty of a gross misdemeanor and may be punished for their first (1st) offense by a fine not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000.00) and for a second (2nd) offense involving the same person and animal, by a fine not less than two hundred dollars ($200.00) nor more than one thousand dollars ($1,000.00). [Ord. No. 1014 §1, 7-15-2013]

Section 205.170. Animal Neglect. A.

A person is guilty of animal neglect when he has custody or ownership or both of an animal and fails to provide adequate care or adequate control.

B.

Animal neglect is a misdemeanor. All fines and penalties for a first (1st) conviction of animal neglect may be waived by the court provided that the person found guilty of animal neglect shows that adequate, permanent remedies for the neglect have been made. Reasonable costs incurred for the care and maintenance of neglected animals may not be waived.

Section 205.180. Animal Abuse. A.

B.

A person is guilty of animal abuse when a person: 1.

Intentionally or purposely kills an animal in any manner not allowed by or expressly exempted from the provisions of Sections 578.005 to 578.023, RSMo.;

2.

Purposely, intentionally or recklessly causes injury, suffering, or pain to an animal;

3.

Abandons an animal in any place without making provisions for its adequate care;

4.

Overworks or overloads an animal, or drives or works an animal unfit to work; or

5.

Having ownership or custody of an animal willfully fails to provide adequate care or adequate control.

Animal abuse is a misdemeanor.

Section 205.190. Dogs, Cats, Puppies, Kittens and Other Animals Creating a Nuisance — Prohibited. [CC §18.215; Ord. No. 470 §§1 — 2, 8-2-1993; Ord. No. 818 §2, 12-20-2004] http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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A.

Every person responsible for a dog, cat, puppy, kitten or other animal shall keep it from creating a nuisance.

B.

A dog, cat, puppy or kitten or any other animal creates a nuisance if it:

C.

1.

Soils, defiles or defecates on its owner's property and the fecal matter is not removed and properly disposed of within twenty-four (24) hours.

2.

Damages public property or property belonging to a person other than a person responsible for the animal.

3.

Causes unsanitary or dangerous conditions.

4.

Causes a disturbance by excessive barking, howling, meowing or other noise-making.

5.

Chases vehicles, including bicycles.

6.

Molests, attacks, bites or interferes with persons or other animals on public property or property not belonging to a person responsible for the animal.

7.

Impedes refuse collection, mail delivery, or meter reading or other public service activities by annoying persons responsible for such activities.

8.

Tips, rummages through, or damages a refuse container.

Any person, firm or corporation who violates this Section shall be subject to the penalties provided for in Section 205.240.

Section 205.200. Exhibition of Deformed Persons, Beasts and Fowls Prohibited. [CC §18.200; Ord. No. 25, 10-7-1974] Any person or persons who shall exhibit, place on exhibition or cause to be exhibited in any public place in this State, or in any tent, shed, booth, building, theater, hall, or within any enclosure in this State, any deformed person, beast, fowl, or reptile, or any human being without arms or legs, or any monstrosity, shall be deemed guilty of a misdemeanor.

Section 205.210. Control and Custody of Animals. [CC §18.205; Ord. No. 156, 1-7-1980; Ord. No. 666, 5-15-2000; Ord. No. 818 §1, 12-20-2004; Ord. No. 919 §1, 106-2008] A.

It shall be unlawful for any person owning, keeping or harboring any animal to cause, permit or allow such animal to roam, run, stray, or to be away from the premises of such person unless the animal is under tethered control or kept inside a fenced area.

B.

It shall be unlawful for the owner or handler of any animal to fail to remove and properly dispose of fecal matter deposited by their animal on public property, public easement, or private property of another before the owner or handler leaves the immediate area where the fecal matter was deposited.

C.

Proper disposal of animal fecal matter shall consist of placing said fecal matter in a sealed bag and placing in a trash container, or flushing the fecal matter down a toilet that empties to a sanitary sewer.


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D.

It shall be unlawful to tether an unattended dog in front of the front building line of a residence or business in the City or in such a way that the tethered dog can reach any right-of-way adjoining the residence or business.

Section 205.220. Presumption as to Control. [CC §18.210; Ord. No. 25, 10-7-1974] In any prosecution charging a violation of Section 205.210 hereunder, proof that a dog was running off the premises in violation of said Section, together with proof that the defendant named in the Complaint was, at the time described in the Complaint, the owner or keeper of such dog, shall constitute a prima facie presumption that said owner or keeper was the person who permitted said dog to go off the premises.

Section 205.230. Enforcement of Chapter. [CC §18.215; Ord. No. 25, 10-7-1974] The City of St. John or the St. Louis County Department of Public Health shall be responsible for the administration of this Chapter, and shall have and possess all the powers necessary to the effective administration and enforcement thereof. The dog licenses shall be issued and the fees collected therefore by the City Clerk of the City of St. John.

Section 205.240. Penalties. [CC §18.220; Ord. No. 25, 10-7-1974; Ord. No. 514 §§1 — 2, 5-15-1995] All violations of this Chapter will fall under the general penalty code, Section 100.010 of this Code.

Section 205.250. St. Louis County Health Department. [CC §18.230; Ord. No. 25, 10-7-1974] The City of St. John is hereby authorized to enter into a written contract with the St. Louis County Health Department for the purpose of putting into effect the provisions of this Chapter.


Editor's Note — Ord. no. 826 §2 adopted March 21, 2005, repealed section 205.260 "Impoundment of Animal — Fees" in its entirety. Former section 205.260 derived from CC §18.240; ord. no. 162, 3-17-80; ord. no. 666 §7, 5-15-00. This section has been reserved for the city's future use.

Chapter 210. Offenses Cross Reference — As to permits for tree trimming, see §610.140 of this Code.

Article I. Offenses Against Official Authority http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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Section 210.010. Powers of Arrest. [CC §12.16; Ord. No. 298, 7-20-1987] Any Police Officer employed by the City of St. John may arrest on view, and without a warrant, any person he sees violating or who he has reasonable grounds to believe has violated any law of this State or has violated any ordinance of the City of St. John. The power of arrest authorized by this Section is in addition to all other powers conferred upon Law Enforcement Officers for the City of St. John, and shall not be construed so as to limit or restrict any power of a Police Officer.

Section 210.020. Obstruction of Police or Official. [CC §11.15; Ord. No. 324, 3-21-1988] It shall be unlawful for any person to interfere in any manner with a Police Officer or other Officer or employee of the City of St. John in the performance of their official duties, or to obstruct any of said Officers or employees in any manner whatsoever while performing their duties as such Officers or employees, or to provide false identification as to their true identity to any such Officers, Officials or employees.

Section 210.030. Resisting Arrest. [CC §11.16; Ord. No. 32, 12-16-1974] A.

It shall be unlawful for any person to resist arrest by any Police Officer of the City of St. John, or to fail or to refuse to obey any reasonable order or direction of any such Officer.

B.

It shall be unlawful to release or attempt to release any person under arrest by or in the custody of any Police Officer of the City of St. John.

Section 210.040. Impersonation. [CC §11.19; Ord. No. 32, 12-16-1974] No person shall, in the City of St. John, without being authorized to do so, wear, display or have on his person, any badge, shield, button, pin or other emblem which purports, represents or in any manner indicates that the wearer or possessor thereof is vested or endowed with official powers or with authority to make arrests or in any manner to exercise governmental or police powers, or which shall purport, represent or in any manner indicate that the wearer or possessor thereof is a duly appointed Officer or Official of this City or a Police Officer, Sheriff, Deputy Sheriff, Constable, Deputy Constable, Detective, Marshal, Private Watchman, or City, County or State Inspector or Officer.

Section 210.050. Sale of Badges, Etc. [CC §11.20; Ord. No. 32, 12-16-1974] No person shall, in the City of St. John, sell, offer for sale or display for the purpose of sale, any badge, shield, button, pin or other emblem, which represents or in any manner to exercise governmental or police help, indicates that the wearer or possessor thereof is vested or endowed with official powers or which purport him the authority to make arrests, or in any manner indicates that the wearer or possessor thereof is a duly http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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appointed Officer or Official of this City, or a Police Officer, Sheriff, Deputy Sheriff, Constable, Deputy Constable, Detective, Marshal, Private Watchman, or City, County or State Inspector or Officer unless the purchaser thereof is authorized to wear or possess the same.

Section 210.060. False Reports. A.

A person commits the offense of making a false report if he knowingly: 1.

Gives false information to a Law Enforcement Officer for the purpose of implicating another person in a crime; or

2.

Makes a false report to a Law Enforcement Officer that a crime has occurred or is about to occur; or

3.

Makes a false report or causes a false report to be made to a Law Enforcement Officer, security officer, Fire Department or other organization, official or volunteer, which deals with emergencies involving danger to life or property that a fire or other incident calling for an emergency response has occurred.

B.

It is a defense to a prosecution under Subsection (A) of this Section that the actor retracted the false statement or report before the Law Enforcement Officer or any other person took substantial action in reliance thereon.

C.

The defendant shall have the burden of injecting the issue of retraction under Subsection (B) of this Section.

D.

Making a false report is a misdemeanor.

Section 210.070. False Alarms. [CC §11.36; Ord. No. 32, 12-16-1974; Ord. No. 181, 3-3-1980] A.

There shall be a fee charged by the City of St. John and paid by the person or corporation who owns, operates, or maintains a private alarm system within the City of St. John if said system shall sound more than two (2) false alarms within any thirty (30) day period or more than six (6) false alarms within any twelve (12) month period and if the St. John Police Department shall receive such false alarm soundings on the City alarm board or shall be summoned to respond to such false alarm.

B.

The fee shall be ten dollars ($10.00) for the first (1st) such alarm in excess of the permitted number of false alarms and twenty-five dollars ($25.00) for each additional and subsequent alarm in excess of the permitted number. There shall be no more than one (1) fee charged hereunder for any false alarm.

C.

The term "False alarm" means an alarm sounding which was not produced by physical intrusion of an unauthorized person or animal unto the premises secured by the sounding alarm system or by the breaking or opening of the door, window, or enclosure which is secured by the sounding alarm system. If there is no physical evidence of the physical cause which produced an alarm sounding said sounding shall be presumed to be a "false alarm".

Section 210.080. Interference With Police Dog. [CC §11.12; Ord. No. 455 §§1-2, 12-21-1992] http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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A.

It shall be unlawful for any person to taunt, torment, tease, beat, strike, interfere with, endanger, injure or administer or subject any desensitizing drugs, chemicals or substances to any dog used by a Law Enforcement Officer in the performance of his duties or when the dog is placed in kennel, or any enclosure while off duty.

B.

Any person convicted of violating this Section shall be subject to the penalties prescribed in Section 100.010 of the Municipal Code of the City of St. John. This Section does not apply to a Police Officer or veterinarian that may perform euthanasia in emergency situations when delay would cause the dog undue suffering and pain.

Article II. Offenses Against Public Peace Section 210.090. Peace Disturbance. A.

A person commits the offense of peace disturbance if: 1.

2.

B.

He unreasonably and knowingly disturbs or alarms another person or persons by: a.

Loud noise; or

b.

Offensive and indecent language which is likely to produce an immediate violent response from a reasonable recipient; or

c.

Threatening to commit a crime against any person; or

d.

Fighting; or

e.

Creating a noxious and offensive odor;

He is in a public place or on private property of another without consent and purposely causes inconvenience to another person or persons by unreasonably and physically obstructing: a.

Vehicular or pedestrian traffic; or

b.

The free ingress or egress to or from a public or private place.

Peace disturbance is a misdemeanor.

Section 210.095. Tampering With a Witness. [Ord. No. 901 §§1 — 2, 3-17-2008] A.

A person commits the crime of tampering with a witness if: 1.

For the purpose of inducing a witness or a prospective witness in the Municipal Court of the City of St. John: a.

To disobey a subpoena or other legal process; or

b.

To absent themself; or

c.

Avoid subpoena or other legal process; or

d.

To withhold evidence, information or documents; or


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e.

B.

To testify falsely; or

2.

Threatens or causes harm to any person who is a witness in the St. John Municipal Court or property of any said witness; or

3.

Uses force, threats or deception; or

4.

Offers, confers or agrees to confer any benefit, direct or indirect, upon such witness; or

5.

Offer any bribe or threat for the purpose of influencing the conduct or testimony of a witness.

Any person, firm or corporation violating any provision of this Section shall, upon conviction, be subject to the penalties prescribed in Section 100.010 of the Municipal Code of the City of St. John.

Section 210.100. Private Peace Disturbance. A.

B.

A person commits the offense of private peace disturbance if he is on private property and unreasonably and purposely causes alarm to another person or persons on the same premises by: 1.

Threatening to commit a crime against any person; or

2.

Fighting.

Private peace disturbance is a misdemeanor.

Section 210.110. Peace Disturbance Definitions. For the purposes of Sections 210.090 and 210.100, the following words shall have the meanings prescribed herein: PRIVATE PROPERTY Any place which at the time is not open to the public. It includes property which is owned publicly or privately; PROPERTY OF ANOTHER Any property in which the actor does not have a possessory interest. PUBLIC PLACE Any place which at the time is open to the public. It includes property which is owned publicly or privately. If a building or structure is divided into separately occupied units, such units are separate premises.

Section 210.120. Curfew for Minors. [CC §§11.22 — 11.23; Ord. No. 32, 12-16-1974; Ord. No. 109, 8-5-1977] A.

It shall be unlawful for any minor under the age of seventeen (17) years to loiter, idle, wander, stroll, or play in or upon the public streets, highways, roads, alleys, parks, playgrounds, or other public grounds, public places and public buildings, places of amusement and entertainment, vacant lots or other unsupervised places between the hours of 11:00 P.M. and 6:00 A.M. of the following day, official City time, except on Fridays and Saturdays, when the hours shall be 12:00 Midnight to 6:00 A.M.; provided however, that the provisions of this Section shall not apply to a minor accompanied by his or her


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parent, guardian, or other adult person having the care and custody of the minor, or where the minor is upon an emergency errand or legitimate business directed by his or her parent, guardian or other adult person having the care and custody of the minor. Each violation of the provisions of this Section shall constitute a separate offense. B.

Duties of Parents and Guardians. It shall be unlawful for the parent, guardian, or other adult having the care and custody of a minor under the age of seventeen (17) years to knowingly permit such minor to loiter, idle, wander, stroll, or play in or upon the public streets, highways, roads, alleys, parks, playgrounds, or other public grounds, public places and buildings, places of amusement and entertainment, vacant lots or other unsupervised places, between the hours of 11:00 P.M. and 6:00 A.M. of the following day, official City time, except on Fridays and Saturdays, when the hours shall be 12:00 Midnight to 6:00 A.M.; provided however, that the provisions of this Section shall not apply to a minor accompanied by his or her parent, guardian, or other adult person having the care and custody of the minor, or where the minor is upon an emergency errand or legitimate business directed by his or her parent, guardian or other adult person having the care and custody of the minor. Each violation of the provisions of this Section shall constitute a separate offense.

C.

From and after the passage of this Section, it shall be unlawful for any person who encourages, aids or causes a child under the age of seventeen (17) years to commit any act or engage in any conduct which would be injurious to the child's morals or health or who commits any act or omits the performance of any duty which contributes or causes or tends to cause a child under the age of seventeen (17) years to be a delinquent child as defined by the Statutes of this State, particularly Section 211.031, Revised Statutes of Missouri, 1969.

Section 210.130. Prohibited Acts at Drive-In Restaurants/Public Establishments. [CC §11.38 — 11.41; Ord. No. 32, 12-16-1974; Ord. No. 237, 2-18-1985] A.

Definitions. For the purpose of this Section, the words "Drive-In Restaurant" and "Public Establishment" are defined as follows: DRIVE-IN RESTAURANT A place of business wherein beverages, foods, or refreshments are served to patrons for consumption on the premises at tables or stands in open or unenclosed areas, or in any vehicle stopped, standing or parked in or upon the premises of said Drive-In Restaurant. PUBLIC ESTABLISHMENT Any church, theater, parking area or grounds immediately adjacent to said Drive-In Restaurant or Public Establishment, or adjacent to or adjoining any street or public right-of-way abutting said premises.

B.

Prohibited Acts. It is unlawful at any time to create, permit, cause, or permit to be created or caused, any loud music, noise or other sounds, by means of phonographic, radio, or other broadcasting apparatus or device in, upon, or around any premises used or occupied by drive-in restaurants or other public establishments of the City, or by dangerously accelerating any vehicle in, upon or around said premises, or by loitering, idling, wandering, strolling in, upon or around any said premises, unless the owner, manager or agent of said owner or manager applies for and is granted a permit for such activity.

C.

Duties Of Owners And Managers. Persons owning, operating, managing or conducting a drive-in restaurant or public establishment shall place, at suitable locations on the premises, appropriate traffic control devices, signs and markings on the pavements, as to the directing of traffic entering and leaving the establishment and shall designate and mark parking places for the parking of vehicles of patrons on


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the premises. D.

Traffic Control. No driver shall operate, stop, stand or park his vehicle on any public street or right-ofway upon entering or leaving a drive-in restaurant or public establishment in a manner contrary to any official traffic control device, a sign or marking erected, installed or maintained, on a temporary or permanent basis by the City, pursuant to law.

Section 210.135. Prohibition of Excessive, Unnecessary and Unusually Loud Noise. [CC §11.055; Ord. No. 494 §1(11.055), 6-20-1994] The using, operating, or permitting to be played, used or operated any radio receiving set, stereo phonograph, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine or device in such manner as to be plainly audible at a distance of twenty-five (25) feet from the device or from the building, structure, or vehicle in which it is located shall be prima facie evidence of a violation of this Section.

Article III. Offenses Against Public Safety Section 210.140. Fireworks Prohibited — When. [CC §§11.01 — 11.03; Ord. No. 32, 12-16-1974] A.

It shall be unlawful for any person, firm or corporation within this City to sell, offer for sale, expose for sale, use, discharge, or manufacture any blank cartridge, toy pistol, toy cannon or any related item or thing in which explosives are used, or firecrackers, torpedoes, sky-rockets, Roman candles, aerial salutes, bombs, electric sparklers or sparklers, colored fires, or colored torches or displays, or any other fireworks of any kind, character, or description whatsoever.

B.

Fireworks Displays. Nothing contained in Subsection (A) shall prohibit the sale or use of fireworks for pyrotechnic displays given by any fair association, amusement park, the official in charge of any public park, any civic or public organization or group of individuals, any of whom shall have respectively first obtained a permit from the City Manager for such display; nor shall anything in Subsection (A) prohibit the sale or use of blank cartridges for theatrical purposes, signal purposes in athletic contests or sports events, or for the use of militia, police or military organizations.

C.

Permits For Fireworks Displays. The City Manager is hereby authorized to issue permits for pyrotechnic displays to fair associations, amusement parks, officials in charge of public parks, civic or public organizations, or groups of individuals, provided that no such permit shall be issued except upon application therefor, and provided further, that the City Manager is convinced that the public safety will not be endangered by such display.

Section 210.150. Firearms — Generally. [CC §11.11 — 11.13; Ord. No. 70, 10-20-1975] http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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A.

Firearms. It shall be unlawful for any person to use or discharge any kind of firearms within the corporate limits of the City of St. John.

B.

Openly Carrying Firearms. It shall be unlawful for any person to openly carry any firearm readily capable of lethal use within the corporate limits of the City of St. John.

C.

Pellet Guns, Etc. It shall be unlawful for any person to use or discharge any type of pellet gun, BB gun, bow and arrow or any other type of gun or instrument which shall propel by spring, cord or air any missile, shaft, arrow or pellet within the corporate limits of the City of St. John.

D.

Exceptions. The provisions of this Section shall not apply to a Police Officer while in the discharge of his duty or to any person on duty in the military corps and acting under the orders of a commanding officer thereof or to any person or persons who shall apply to the Chief of Police of the City of St. John and receive permission therefor.

Section 210.160. Unlawful Use of Weapons — Exceptions. [Ord. No. 717 §1, 10-15-2001] A.

B.

C.

A person commits the offense of unlawful use of weapons if he knowingly: 1.

Possesses or discharges a firearm or projectile weapon while intoxicated; or

2.

Discharges a firearm within one hundred (100) yards of any occupied school house, courthouse, or church building; or

3.

Discharges or shoots a firearm at a mark, at any object, or at random, on, along or across a public highway or discharges or shoots a firearm into any outbuilding; or

4.

Carries a firearm or any other weapon readily capable of lethal use into any church or place where people have assembled for worship, or into any school, or into any election precinct on any election day, or into any building owned or occupied by any agency of the Federal Government, State Government, or political subdivision thereof, or into any public assemblage of persons met for any lawful purpose.

5.

No person shall carry a firearm, knife or any other weapon readily capable of lethal force concealed upon or about his/her person.

Subdivisions (2), (3) and (4) of Subsection (A) of this Section shall not apply to or affect any of the following: 1.

All State, County and Municipal Law Enforcement Officers possessing the duty and power of arrest for violation of the general criminal laws of the State or for violation of ordinances of counties or municipalities of the State, or any person summoned by such officers to assist in making arrests or preserving the peace while actually engaged in assisting such officer;

2.

Wardens, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of crime;

3.

Members of the Armed Forces or National Guard while performing their official duty;

4.

Those persons vested by Article V, Section 1 of the Constitution of Missouri with the judicial power of the State;

5.

Any person whose bona fide duty is to execute process, civil or criminal.

Subdivisions (1) and (4) of Subsection (A) of this Section do not apply when the actor is transporting


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such weapons in a non-functioning state or in an unloaded state when ammunition is not readily accessible or when such weapons are not readily accessible.

Section 210.165. Firearms in City Owned Buildings. [Ord. No. 794 §1, 4-5-2004] A.

No person who has been issued a concealed carry endorsement by the Missouri Director of Revenue under Sections 571.101 to 571.121, RSMo., or who has been issued a valid permit or endorsement to carry concealed firearms issued by another State or political subdivision of another State shall, by authority of that endorsement or permit, be allowed to carry a concealed firearm or to openly carry a firearm in any building or portion of a building owned, leased or controlled by the City.

B.

Signs shall be posted at each entrance of a building entirely owned, leased or controlled by the City stating that carrying of firearms is prohibited. Where the City owns, leases or controls only a portion of a building, signs shall be posted at each entrance to that portion of the building stating that carrying of firearms is prohibited.

C.

This Section shall not apply to buildings used for public housing by private persons, highways or rest areas, firing ranges or private dwellings owned, leased or controlled by the City.

D.

No person who has been issued a certificate of qualification which allows the person to carry a concealed firearm before the Director of Revenue begins issuing concealed carry endorsements in July, 2004, shall, by authority of that certificate, be allowed to carry a concealed firearm or to openly carry a firearm in any building or portion of a building owned, leased or controlled by the City.

E.

Any person violating this Section may be denied entrance to the building or ordered to leave the building. Any City employee violating this Section may be disciplined. No other penalty shall be imposed for a violation of this Section.

Section 210.170. Ice Box Abandonment. [CC §18.040; Ord. No. 305, 8-17-1987] Abandonment of an airtight icebox with a door is an offense. No person shall abandon, discard, or knowingly permit to remain on premises under his control, in a place accessible to children, any abandoned or discarded iceboxes, refrigerator or other airtight or semi-airtight container which has a capacity of one and one-half (1½) cubic feet or more and an opening of fifty (50) square inches or more and which has a door or lid, without rendering such equipment harmless to human life by removing such door or lid which may cause a person to be confined therein. This Section does not apply to an icebox, refrigerator or other airtight or semi-airtight container located in that part of a building occupied by a dealer, warehouseman or repairman. Any person violating this Section is guilty of a misdemeanor.

Article IV. Offenses Against Property Section 210.180. Stealing. [Ord. No. 624 §1, 12-21-1998; Ord. No. 752 §§1 — 2, 11-18-2002] A.

A person commits the offense of stealing if he/she appropriates property or services of another with


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the purpose to deprive him/her thereof, either without his/her consent or by means of deceit or coercion, and the value of the property or services appropriated is less than five hundred dollars ($500.00). B.

C.

Evidence of the following is admissible in any criminal prosecution under this Section on the issue of the requisite knowledge or belief of the alleged stealer: 1.

He failed or refused to pay for property or services of a hotel, restaurant, inn or boardinghouse;

2.

He gave in payment for property or services of a hotel, restaurant, inn or boardinghouse a check or negotiable paper on which payment was refused;

3.

He left the hotel, restaurant, inn or boardinghouse with the intent to not pay for property or services;

4.

He surreptitiously removed or attempted to remove his baggage from a hotel, inn or boardinghouse.

Any person who violates this Section shall be subject to the penalty provisions in Section 100.010 of this Code.

Section 210.185. Buying, Receiving and Possessing Personal Property Which Has Been Unlawfully Taken From Another. [Ord. No. 541 §1, 2-20-1996; Ord. No. 625 §1, 12-21-1998] A.

No person shall buy, or in any way receive or possess, any personal property which has been unlawfully taken from another.

B.

Upon proof that any personal property has been unlawfully taken from the possession or control of another, and that within six (6) months after said unlawful taking said property has been in the possession or under the control of any person, said person shall be guilty of violating Subsection (A) hereof unless said person shall affirmatively prove that: 1.

Before buying or receiving or coming into possession of said property, a good-faith inquiry was made as to the source of said property sufficient to provide a reasonable belief that said property had not been taken unlawfully from another; or

2.

The property was acquired at a price and under circumstances sufficient to provide a reasonable belief that said property had not been taken unlawfully from another; or

3.

The person complied with Section 447.010 of the Revised Statutes of Missouri relating to the duty of persons finding lost property.

4.

The value of property shall be less than seven hundred fifty dollars ($750.00).

C.

Nothing contained in this Section shall apply to legally qualified Police Officers or other persons whose bona fide duty requires them to come into possession or receive personal property unlawfully taken from another in the discharge of their official duties.

D.

Any person, firm or corporation who violates this Section shall be subject to the penalty provisions in Section 100.010 of this Code.

Section 210.190. Confiscated Personal Property — Disposition http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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of. [CC §12.06 — 12.10; Ord. No. 32, 12-16-1974] A.

Authorization To Dispose Of. The City Manager of the City of St. John is hereby authorized and empowered to dispose of any and all personal property confiscated by the City of St. John or the instrumentalities thereof, whether governmental or private, under or by virtue of the ordinances of the City of St. John.

B.

Disposition — How Made. At the discretion of the City Manager, he shall cause to be published in a newspaper of general circulation within the City a list and description of the articles of personal property in the possession of the City of St. John or private concerns which have been confiscated under the ordinances of the City and which are unclaimed by the lawful owner within a period of ninety (90) days from confiscation thereof.

C.

Sale To Highest Bidder. The personal property so listed and described shall be offered for sale to the highest bidder by inviting sealed bids to be received in the office of the City Clerk within such time as the City Manager deems advisable.

D.

Sales Final. All sales made pursuant hereto shall be final and each purchaser shall take the property on an "as is, where is" basis.

E.

Proceeds. All proceeds derived from the sale less costs incurred, shall be delivered forthwith to the City Manager or his agent and be made a part of General Revenue.

Section 210.195. Removal of Recyclable Goods. [Ord. No. 973 §1, 10-17-2011] It shall be unlawful for any person to remove any items that have been deposited in a recycle cart at the curb for pickup by the company who is granted the exclusive franchise for such pickup by the City.

Section 210.200. Passing Bad Checks. [Ord. No. 775 §1, 8-4-2003] A.

B.

A person commits the offense of passing a bad check when: 1.

With purpose to defraud, he makes, issues or passes a check or other similar sight order for the payment of money, knowing that it will not be paid by the drawee, or that there is no such drawee; or

2.

He makes, issues, or passes a check or other similar sight order for the payment of money, knowing that there are insufficient funds in his account or that there is no such account or no drawee and fails to pay the check or sight order within ten (10) days after receiving actual notice in writing that it has not been paid because of insufficient funds or credit with the drawee or because there is no such drawee.

As used in Subparagraph (2) of Subsection (A) of this Section, actual notice in writing means notice of the nonpayment which is actually received by the defendant. Such notice may include the service of summons or warrant upon the defendant for the initiation of the prosecution of the check or checks which are the subject matter of the prosecution if the summons or warrant contains information of the


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ten (10) day period during which the instrument may be paid and that payment of the instrument within such ten (10) day period will result in dismissal of the charges. The requirement of notice shall also be satisfied for written communications which are tendered to the defendant and which the defendant refuses to accept. C.

The face amounts of any bad checks passed pursuant to one course of conduct within any ten (10) day period may be aggregated in determining the grade of the offense.

D.

Passing bad checks under five hundred dollars ($500.00) is a misdemeanor.

Section 210.210. Property Damage. A.

B.

A person commits the offense of property damage if: 1.

He knowingly damages property of another; or

2.

He damages property for the purpose of defrauding an insurer.

Property damage is a misdemeanor.

Section 210.220. Receipt of Forfeited Property From Criminal Activities. [CC §12.15; Ord. No. 281, 11-3-1986] A.

The City of St. John is hereby authorized to obtain, take and receive all money and property authorized by any State or Federal Law to be forfeited to or for the benefit of the City of St. John.

B.

The City Manager and City Attorney are hereby empowered to authorize the initiation of or participation in any legal proceedings by the City necessary or appropriate to effectuate the City's rights with respect to any forfeiture of any property.

C.

The City Manager is hereby authorized and empowered to receive any funds or property forfeited to or for the benefit of the City and to take, manage and dispose of such money or property as provided by law.

D.

The City Manager is hereby authorized and empowered to sell on behalf of the City any forfeited property which may be received by the City pursuant to the applicable ordinances of the City of St. John. The City Manager shall obtain from each person purchasing any item at such auction a receipt for each item purchased, containing a description of the item or items, the amount paid for each item and the name and address of the purchaser.

E.

The City Manager shall place all funds received by the City as forfeited property or from the sale of forfeited property in appropriate accounts of the City.

F.

All forfeited funds or funds from forfeited property received by the City shall be paid into the General Revenues of the City unless the applicable law relating to such forfeited funds or property requires the use thereof for a specified purpose. Any forfeited funds, property or proceeds thereof required by law to be used for a specified purpose are herein called Special Purpose Property of Funds. The City shall use Special Purpose Property of Funds only for the purposes specified in the law authorizing the City to receive such forfeited funds or property.

G.

Authorization of the use or expenditure of Special Purpose Property of Funds shall be made by the City


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Council. H.

The City Manager and all other appropriate Officers of the City are authorized and empowered to sign any applications, documents or other papers and to do any and all things necessary or appropriate to obtain any forfeited funds or property on behalf of the City.

Section 210.230. Trespass in the First Degree. A.

A person commits the offense of trespass in the first degree if he knowingly enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure or upon real property.

B.

A person does not commit the offense of trespass in the first degree by entering or remaining upon real property unless the real property is fenced or otherwise enclosed in a manner designed to exclude intruders or as to which notice against trespass is given by:

C.

1.

Actual communication to the actor; or

2.

Posting in a manner reasonably likely to come to the attention of intruders.

Trespass in the first degree is a misdemeanor.

Section 210.240. Trespass in the Second Degree. A.

A person commits the offense of trespass in the second degree if he enters unlawfully upon real property of another. This is an offense of absolute liability.

B.

Trespass in the second degree is an infraction.

Section 210.245. Tampering. [Ord. No. 522 §1, 8-21-1995] A.

B.

A person commits the offense of tampering in the second degree if he: 1.

Tampers with property of another for the purpose of causing substantial inconvenience to that person or to another; or

2.

Unlawfully rides in or upon another's automobile, airplane, motorcycle, motorboat or other motor-propelled vehicle; or

3.

Tampers or makes connection with property of a utility; or

4.

Tampers with, or causes to be tampered with, any meter or other property of an electric, gas, steam or water utility, the effect of which tampering is either: a.

To prevent the proper measuring of electric, gas, steam or water service; or

b.

To permit the diversion of any electric, gas, steam, or water service.

In any prosecution under Subparagraph (4) of Subsection (A), proof that a meter or any other property of a utility has been tampered with, and the person or persons accused received the use or direct benefit of the electric, gas, steam or water service, with one (1) or more of the effects described in Subparagraph (4) of Subsection (A), shall be sufficient to support an inference which the trial court


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may submit to the trier of fact, from which the trier of fact may conclude that there has been a violation of such subparagraph by the person or persons who use or receive the direct benefit of the electric, gas, steam or water service.

Section 210.250. Tampering With or Removing Public Signs, Etc. [CC §11.27; Ord. No. 32, 12-16-1974] If shall be unlawful to tamper with, or remove any sign, notice, marker, fire alarm box, fire plug, parking meter or any other property erected or placed by the City.

Section 210.260. Placing Advertising on Public Property. [CC §11.28; Ord. No. 32, 12-16-1974] It shall be unlawful to fasten in any way any show card, poster or other advertising device upon public or private property in the City unless legally authorized to do so.

Section 210.270. Littering. [CC §11.29, Ord. No. 32, 12-16-1974] It shall be unlawful to throw or permit to be deposited or scattered upon any sidewalk, alley, street, bridge, public passageway, or private property or any open stormwater creek any waste or other material of any kind.

Section 210.280. Removal of Earth. [CC §11.30; Ord. No. 32, 12-16-1974] It shall be unlawful to move, disturb, or take any earth, stone or other material from any public street, alley, park or other public ground without the consent of the City or its duly authorized agent or representative.

Section 210.290. Reward. [CC §11.32; Ord. No. 32, 12-16-1974] There shall be a reward in an amount not to exceed one hundred dollars ($100.00) by the City of St. John for information leading to the arrest and conviction of any person or persons charged with the destruction of City property.

Section 210.300. Delivery Personnel Prohibited From Traversing Lawns. [CC §11.105; Ord. No. 108, 7-5-1977; Ord. No. 235, 1-7-1985] It shall be unlawful for all delivery personnel including letter carriers when employed by a private firm or http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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governmental agency or government supported corporation from traversing lawns or other private property not regularly used as a walk-way by the general public in order to effect delivery but shall use sidewalks and accepted and approved walk-ways.

Section 210.310. Unlawful Deposit of Yard Waste on City Property. [CC §11.295; Ord. No. 452 §§1-2, 12-21-1992] A.

It shall be unlawful for any person, firm or corporation to intentionally deposit, rake or dump any leaves, grass clippings or yard waste on any public street, curb, right-of-way or property owned by the City of St. John.

B.

Any person, firm or corporation who is found in violation of the provisions of this Section shall, upon conviction, be subject to the penalty prescribed in Section 100.010.

Section 210.315. Portable Goals on City Property. [Ord. No. 710 §§1-3, 8-9-2001] A.

It shall be unlawful for any person, firm or corporation to intentionally place, deposit or allow any portable basketball or hockey goal on any public street, curb, sidewalk or right-of-way owned by the City of St. John.

B.

The placement of said goals shall be on private property and shall be at least five (5) feet from any street or curb.

C.

Any person, firm or corporation who is found in violation of the provisions of this Section shall upon conviction be subject to the penalty provisions as prescribed in Section 100.010 of the Municipal Code of the City of St. John.

Section 210.316. Portable Storage Containers and Dumpsters. [Ord. No. 828 §§1 — 3, 4-18-2005] A.

No person, firm or corporation shall at any time place, park or leave a portable storage container or dumpster on any street or public right-of-way or on private property without first obtaining a permit from the City.

B.

Any person, firm or corporation who violates the provisions of this Section shall be subject to the penalty provisions of Section 100.010 of the Municipal Code of the City of St. John.

Section 210.320. Graffiti on Private Property. [CC §§11.110, 11.111; Ord. No. 406 §§1-2, 5-6-1991] A.

Graffiti on private property which is visible to the general public shall constitute a nuisance. The Code Enforcement Officer is hereby authorized and empowered to notify, in writing, the owner of the


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property bearing such graffiti that said graffiti constitutes a public nuisance and must be removed within ten (10) days. At the discretion of the Code Enforcement Officer, removal of said graffiti may be extended up to an additional twenty (20) days in cases where the owner has demonstrated good faith in having the graffiti removed. B.

Any person, firm or corporation violating any provision of this Section shall be subject to the penalty provision as provided for in Section 100.010 of this Code.

Section 210.330. Institutional Vandalism. [CC §12.19; Ord. No. 388 §§1-2, 6, 8-6-1990] A.

Definitions. As used in this Section, the following terms shall have the meanings given in this Subsection: BIAS CRIME A criminal act or ordinance violation committed as a result of any motive or intent relating to, or antipathy, animosity or hostility based upon, the race, color, gender, religion, national origin, age, ancestry, sexual orientation, disability, handicap or health-related condition of an individual or group of individuals. DEFACE To place on any public or private property any symbol, object, characterization, appellation, or graffiti, including, but not limited to, a burning cross or Nazi swastika. OF ANOTHER Property is that "of another" if any natural person, corporation, partnership, association, governmental subdivision or instrumentality, other than the actor, has a possessory or proprietary interest therein. TAMPER To interfere with something improperly, to meddle with it, displace it, make unwarranted alterations in its existing condition, or to deprive, temporarily, the owner or possessor of that thing.

B.

Institutional Vandalism. No person shall knowingly vandalize, deface or otherwise damage: 1.

Any church, synagogue or other building, structure or place used for religious worship or other religious purpose;

2.

Any cemetery, mortuary, military monument or other facility used for the purpose of burial or memorializing the dead;

3.

Any school, educational facility, community center, hospital or medical clinic owned or operated by a religious or sectarian group;

4.

The grounds adjacent to, and owned or rented by, any institution, facility, building, structure or other place described in Paragraphs (1), (2), or (3) of this Subsection; or

5.

Any personal property contained in any institution, facility, building, structure or place described in Paragraphs (1), (2), or (3) of this Subsection or on the grounds of such places.

Article V. Offenses Against Persons http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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Section 210.335. Endangering the Welfare of a Child. [Ord. No. 758 §1, 3-3-2003] A.

B.

A person commits an ordinance violation of endangering the welfare of a child if: 1.

He/she with criminal negligence acts in a manner that creates a substantial risk to the life, body or health of a child less than seventeen (17) years old; or

2.

He/she knowingly encourages, aids or causes a child less than seventeen (17) years old to engage in any conduct which causes or tends to cause the child to come within the provisions of Subsection (1) or (2) of Section 211.031, RSMo.; or

3.

Being a parent, guardian or other person legally charged with the care or custody of a child less than seventeen (17) years old, he/she recklessly fails or refuses to exercise reasonable diligence in the care or control of such child to prevent him/her from coming within the provisions of Subsection (1) or (2) of Section 211.031, RSMo.

Any person violating the provisions of this Section shall be subject to the penalty provisions as stated in Section 100.010 of the Municipal Code of the City of St. John.

Section 210.336. Parental Neglect — Prohibited. [Ord. No. 902 §1, 4-21-2008] A.

Definitions. For the purpose of this Section, the following words and phrases are defined as follows: PARENT Mother, father, legal guardian or any person having the care and custody of a minor. MINOR Any person under the age of seventeen (17). CRIMINAL ACT An act which violates the Statutes of the United States, the Statutes of the State of Missouri or the ordinances of the City of St. John, including curfew and moving traffic violations.

B.

No parent shall knowingly permit, encourage, aid or cause a minor to commit a criminal act or engage in any conduct which would be injurious to the minor's morals or health.

C.

No parent shall fail to exercise customary and effective control over a minor so as to contribute to, cause or tend to cause a minor to commit a criminal act.

D.

Notification Of Responsibility. 1.

Whenever a minor shall be arrested or detained for the commission of any criminal act within the City, the Police Department shall immediately notify the minor's parent of the arrest or detention and shall advise the parent of his responsibility under this Section.

2.

The notice shall be in such a form as to be signed by the notified parent signifying receipt thereof. If the parent refuses to sign said notice, the notifying Police Officer shall indicate such refusal on the notice.

3.

A record of said notifications shall be kept by the Police Department.


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E.

Written notification of responsibility as provided by this Section shall be prima facie evidence that a parent has failed to exercise customary and effective control over a minor as required hereby if the minor commits a second (2nd) or successive criminal act of any kind.

F.

Each violation of any of the provisions of this Section shall constitute a separate offense. Any person who shall violate this Section shall be subject to punishment as provided by Section 100.010 of this Code. In addition, upon a plea or finding of guilt for violating any of the requirements of this Section, the court may, either as a condition of any probation granted to any parent found guilty of violating this Section or otherwise, order the defendant to make restitution to any person who has been damaged by the misconduct of the minor in an amount not to exceed two thousand dollars ($2,000.00).

Section 210.340. Harassment. [CC §12.17; Ord. No. 320, 3-17-1988] A.

No person shall harass another person for the purpose of frightening or disturbing such person by: 1.

Communicating in writing or making telephone calls threatening to commit any felony; or

2.

Communicating in writing or making telephone calls using coarse language, offensive to one of average sensibility; or

3.

Making a telephone call anonymously; or

4.

Making repeated telephone calls; or

5.

Making repeated telephone calls and hanging up.

Section 210.350. Solicitation of the Sale of Real Estate of Single-Family Residential Zone Property. [CC §11.52; Ord. No. 32, 12-16-1974] It shall be unlawful for any real estate agent, salesman or broker, or any agent thereof, directly or indirectly, to solicit, or attempt to solicit any owner of single-family residential real property located within the City of St. John for the purpose of having such owner sell or lease any such single-family residential property, or for the purpose of having said owner list for sale or lease any such single-family residential property located within the City of St. John.

Section 210.360. Assault. [CC §11.108; Ord. No. 243, 9-9-1985] A.

A person commits an offense of assault if: 1.

He attempts to cause or recklessly causes physical injury to another person; or

2.

With criminal negligence he causes physical injury to another person by means of a deadly weapon; or

3.

He purposely places another person in apprehension of immediate physical injury; or


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4.

He recklessly engages in conduct which creates a grave risk of death or serious physical injury to another person; or

5.

He knowingly causes physical contact with another person knowing the other person will regard the contact as offensive or provocative.

Section 210.370. Ethnic, Racial or Discriminatory Intimidation. [CC §12.19; Ord. No. 388 §§3-4, 6, 8-6-1990] A.

No person shall, by reason of any motive or intent relating to, or any antipathy, animosity or hostility based upon, the race, color, gender, religion, national origin, age, ancestry, sexual orientation, disability, handicap or health-related condition of another individual or group of individuals: 1.

Purposely cause physical injury to another; or

2.

Attempt to cause physical injury to another; or

3.

Threaten to cause physical injury to another; or

4.

Purposely place another in apprehension of immediate physical danger; or

5.

Knowingly cause physical contact with another person knowing the other person will regard the contract as offensive or provocative; or

6.

Knowingly damage or threaten to damage the personal or real property of another; or

7.

Tamper with the personal or real property of another for the purpose of causing substantial inconvenience to that person or another; or

8.

Trespass on the property of another; or

9.

Commit an act of vandalism; or

10. Knowingly assemble with six (6) or more persons and agree with such persons to violate any of the criminal laws of the City of St. John or the State of Missouri or of the United States with force or violence; or 11.

Discharge or shoot a firearm or threaten to discharge or shoot a firearm into or inside of any building, railroad, train, boat, aircraft or motor vehicle; or

12. Discharge a firearm within one hundred (100) yards of any church, synagogue or other building, structure or place used for religious worship or other religious purpose or within one hundred (100) yards of any school, educational facility, community center, hospital or medical clinic owned or operated by a religious or sectarian group; or 13. Carry a firearm or other weapon of lethal use into any church, synagogue, or other building, structure or place used for religious worship or other religious purpose or carry a firearm or other weapons of lethal use within one hundred (100) yards of any school, educational facility, community center, hospital or medical clinic owned or operated by a religious or sectarian group; or 14. Brandish a firearm or other weapon in a threatening manner; or 15. Deface the property of another; or http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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16. Communicate in writing or by telephone a threat to commit a crime involving violence or property damage or to commit any felony; or 17. Make an anonymous telephone call; or 18. Make repeated telephone calls. B.

First Amendment Proviso. Nothing contained in Subsection (A) hereof shall be interpreted to abridge or preclude the exercise of any rights of free speech or expressions as protected by the First Amendment of the United States Constitution or any such similar provisions of Missouri Law.

Article VI. Offenses Against Morals Section 210.380. Indecent Exposure. A.

A person commits the offense of indecent exposure if he knowingly exposes his genitals under circumstances in which he knows that his conduct is likely to cause affront or alarm.

B.

Indecent exposure is a misdemeanor.

Section 210.385. Lewd and Indecent Conduct. [Ord. No. 916 §1, 10-6-2008] A.

No person shall engage in or commit any lewd or indecent act in any public place. A "public place" is hereby defined as any publicly owned place or premises or any privately owned place or premises to which the public or a substantial number of persons have access, or where the conduct or act involved may be viewed by people other than the members of the actor's family or household, or upon which private property the perpetrator is not an invitee. The commission of any of the following acts shall constitute a lewd and indecent act punishable under this Section: 1.

The exposure of one's genitals, buttocks, pubic area or the female breast below the point immediately above the top of the areola for the purpose of sexual arousal or gratification or in a manner which is likely to cause affront or alarm; provided however, that any exposure of the female breast necessarily incident to breast-feeding an infant shall not be deemed to be a violation of this Section;

2.

The touching, caressing, fondling or displaying of one's own or another's breast, buttocks or genitals, whether clothed or unclothed, for the purpose of sexual arousal or gratification or in a manner which is likely to cause affront or alarm;

3.

The display or exhibition of the buttocks, genitals or female breast in an unclothed fashion for the purpose of affronting, alarming, ridiculing or mocking another person, even if such act purports to be in jest or for the purpose of creating humor;

4.

An act, or representations of an act, of human masturbation, sexual intercourse or sodomy, bestiality, cunnilingus, fellatio, flagellation or torture by or upon a person as an act of sexual stimulation or gratification;

5.

An act, or representations of an act, of urination or defecation, other than out of the public view in the proper receptacles of public or private comfort stations, restrooms, toilets or other similar facilities provided for these acts; or


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6.

Looking, peering or peeping into any residence occupied by another person or persons or the loitering around or within view of any window within a building occupied as a residence by another person or persons with the intent of watching or looking through said window to observe any person undressed or in the act of dressing or undressing.

Article VII. Offenses Concerning Drugs and Alcohol Section 210.390. Controlled Substances — Prohibited Acts. [CC §11.33; Ord. No. 216, 2-7-1983] A.

It is unlawful for any person to manufacture, possess or have under his control, sell, prescribe, administer, dispense, distribute, or compound any controlled or counterfeit substance, except as authorized in Sections 195.005 through 195.425, RSMo., as amended, or to possess any apparatus, device or instrument for the unauthorized use of any controlled substance.

B.

No person shall obtain or attempt to obtain a controlled substance or procure or attempt to procure the administration of the controlled substance by fraud, deceit, misrepresentation or subterfuge, or by the forgery or alteration of a prescription or of any written order, or by the concealment of a material fact; or by the use of a false name or the giving of a false address.

C.

No person shall willfully make a false statement in any prescription, order, report or record required by Sections 195.005 through 195.425, RSMo., as amended.

D.

No person shall, for the purpose of obtaining any controlled substances, falsely assume the title of, or represent himself to be, a manufacturer, wholesaler, apothecary, physician, dentist, podiatrist, veterinarian, or other authorized person.

E.

No person shall make or utter any false or forged prescription or false or forged written order.

F.

No person shall affix any false or forged label to a package or receptacle containing a controlled substance.

G.

Controlled Substance. A drug, substance or immediate precursor in Schedules I through V listed in Chapter 195, RSMo., as amended.

Article VIII. Miscellaneous Offenses Section 210.400. Moving at Night. [CC §11.92; Ord. No. 147, 7-16-1979] A.

It shall be unlawful for any person to move into or out of any house, apartment, or other residential building, or into or out of any place of business or other commercial establishment, later than one-half (½) hour after sunset and earlier than one-half (½) hour before sunrise, without first obtaining a permit from the Police Chief of the City of St. John.

B.

The Police Chief or his authorized representative, is hereby authorized to issue permits required by this Section. A permit and application therefor shall be on such forms, as established by the Chief of Police.


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Chapter 215. Nuisances and Abandoned Vehicles Article I. Nuisances — Generally Section 215.010. Nuisance Defined. [CC §18.010; Ord. No. 25, 10-7-1974] Any act done or suffered to be permitted by any person upon his property or any substance or thing kept or maintained, placed or thrown on or upon any public or private place which is injurious to the public health, and any pursuit following or act done by any person to the injury or danger of the public is defined and declared to be a "public nuisance".

Section 215.020. Removal of Nuisance — Special Tax Bill. [CC §18.030; Ord. No. 25, 10-7-1974] Whenever any nuisance is reported to exist, the City Manager may notify the person causing or maintaining the same, or the occupant of the property on which the same shall exist, to forthwith remove the same, and should said person fail to forthwith remove the same within a reasonable time of said notice, then the City Manager may cause the same to be promptly removed and abated and thereafter make demand on the person responsible therefor for the expense incurred in such removal, and should said person refuse to pay the amount of expense so incurred and demanded, the expense for abating the same may be assessed against the owner or occupant of the property, and against the property on which said nuisance is committed, and a special tax bill may be issued against said property for said expenses.

Article II. Abandoned Vehicles [1]:

Editor's Note — Any special interest vehicle permits which have been issued will expire on May 1, 1997 at 12:00 A.M.

Section 215.030. Definitions. [CC §11.45; Ord. No. 32, 12-16-1974; Ord. No. 277, 10-6-1986; Ord. No. 323, 3-7-1988; Ord. No. 568 §§1 — 2, 3-171997] The following definitions shall apply in the interpretation and enforcement of this Article: PERSON Any person, firm, partnership, association, corporation, company or organization of any kind. PROPERTY Any real property within the City of St. John which is not a street or highway. STATE OF DISREPAIR Any vehicle which is in a wrecked, dismantled, partly dismantled, inoperative or abandoned condition.

Section 215.040. Abandonment Presumed — When. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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[CC §11.47; Ord. No. 32, 12-16-1974] No person shall abandon any vehicle within the City of St. John and no person shall leave any vehicle at any place within the City for such time and under such circumstances as to cause such vehicle to reasonably appear to have been abandoned.

Section 215.050. Parking or Storage Prohibited — Where. [CC §11.48; Ord. No. 277, 10-6-1986] No vehicle shall be parked or stored on any lawn area on residential premises in the City of St. John, other than a properly designated driveway area.

Section 215.060. Derelict Vehicles. [CC §11.49; Ord. No. 277, 10-6-1986; Ord. No. 568 §§1, 3, 3-17-1997] No person occupying any property within the City shall allow or permit the parking or storing of any vehicle whether or not in useable condition, which is not legally licensed under the Statutes of the State and the ordinance for the City of St. John on the property so occupied unless the same be stored in a closed garage which shall consist of four (4) sides and a roof. Furthermore, no vehicle shall be in a state of disrepair. A three (3) day permit to repair a vehicle shall be obtained from the Chief of Police prior to repairs being undertaken. One (1) extension of an additional three (3) days may be obtained should the initial permit time not be sufficient. Only one (1) permit per household shall be granted at any one (1) time and only two (2) permits shall be allowed per household or per person, whichever is least, per calendar year. This Section shall not apply to new and used cars or trailer sales lots duly licensed by the State and laws of the City; and this Section shall not apply to any automotive repair garage where the motor vehicle is being repaired provided that such automobile, trailer or motor vehicle shall not be so parked more than fifteen (15) days for such repair.

Section 215.070. Abandoned Vehicles on Streets Prohibited. [CC §11.50; Ord. No. 323, 3-7-1988] No person, firm or corporation shall leave any wrecked, partially dismantled, inoperable or junked vehicle on any street or highway within the City of St. John. No person, firm or corporation shall park or abandon any vehicle on any street or highway within the City of St. John for more than one (1) week, unless said vehicle is parked in front of the legal owner's property, and said vehicle is legally licensed according to the State of Missouri and the City of St. John.

Section 215.075. Use of Tarpaulins on Vehicles and Boats. [Ord. No. 699 §1, 7-2-2001] A.

No person occupying any property within the City of St. John shall allow or permit a vehicle, trailer, boat on a trailer or recreational vehicle to be covered by a plastic or canvas protective cover unless said cover has been expressly manufactured as a protective cover for said vehicle, trailer, boat or recreation vehicle.

B.

Any vehicle described herein must be legally licensed in accordance with the State of Missouri and the City of St. John if covered by tarpaulin or cover.


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Article III. Additional Nuisances Section 215.080. Nuisance Defined. [Ord. No. 632 §1, 3-16-1999] For the purpose of this Article, a nuisance shall consist of any activity which is of an ongoing and continuous nature and constitutes a substantial interference to the health, safety, welfare or convenience of the inhabitants of the City of St. John, or any part thereof.

Section 215.085. Maintenance of Trees on Private Property. [Ord. No. 730 §1, 4-15-2002; Ord. No. 1031 §1, 3-17-2014] No person shall permit any dead tree or any dead portion thereof which endangers the public, buildings and other property and/or overhead utility wires to remain on any property owned, leased or managed by such person within the City. The doing of such act is hereby declared to be a nuisance.

Section 215.086. Abatement Procedures. [Ord. No. 730 §2, 4-15-2002] Abatement procedures for the nuisance declared in Section 215.085 shall be the same as set forth in Sections 225.020, 225.030, 225.040 and 225.050.

Section 215.090. Police Department to Notify Public Works Director — When. [Ord. No. 632 §2, 3-16-1999; Ord. No. 860 §1, 6-19-2006] A.

The Police Department shall notify the Public Works Director that there has been an arrest or a summons issued for violations of City ordinance or State Statute relating to the following activities: 1.

Peace disturbance as prohibited in Section 210.090 of the Revised Code of the City of St. John.

2.

Lewd and lascivious behavior as prohibited by Section 210.380 or 600.270 of the Revised Code of the City of St. John.

3.

Maintaining a house, commercial establishment, apartment, garage, building or vehicle used to manufacture, distribute or possess controlled substances as prohibited in Section 210.390 of the Revised Code of the City of St. John.

4.

Noise as prohibited in Section 210.135 of the Revised Code of the City of St. John.

5.

The use of firearms as prohibited in Section 210.160 of the Revised Code of the City of St. John.

6.

Gang activity or juvenile problems resulting from lack of parental supervision.

7.

Constant and continual problems with people using or being under the influence of intoxicants or drugs.


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8.

Repeated calls for domestic violence.

9.

Arrest for obstruction of City officials and/or resisting arrest.

10. Repeated calls to a residence for criminal activities. B.

The Public Works Director shall notify the owner of the property through the issuance of a "Warning Notice" of the violations. Said notice shall advise the owner that if an additional violation, as enumerated in this Section, occurs within three hundred sixty-five (365) days from the date of said "Warning Notice", the Public Works Director shall issue to the owner a "Final Notice to Abate". If a third (3rd) violation occurs subsequent to the "Final Notice to Abate" and within three hundred sixty-five (365) days of the original "Warning Notice", the Public Works Director shall give notice of a hearing for the purpose of determining whether a nuisance exists, and if so, then to determine appropriate remedies for abatement and enforcement.

Section 215.100. Alternative Procedure to Section 215.090. [Ord. No. 632 §3, 3-16-1999] A.

As a complete alternative to the procedure set forth in Section 215.090 of this Article and notwithstanding any and all other methods provided by law or Charter, the procedure set forth in Subsections (B) through (D) herein may be employed.

B.

The Public Works Director, upon receipt of a petition signed by a majority of the persons owning real property or a majority of the registered voters occupying property, within a prescribed petition circle drawn with a radius of three hundred feet (300) plus one half (½) of the width of the property alleged to be a public nuisance from the center of the front of said property projected to the street, alleging that the activity permitted by the occupants and/or owners of said property, as factually set out in said petition, is of an ongoing and continuous nature and constitutes a substantial interference to the health, welfare, safety and convenience of the subscribers to the petition, shall hold a public hearing based on said petition.

C.

The format for the petition shall be approved by the Public Works Director and shall specifically state the type and nature of the activity which is alleged to be of an ongoing and continuous nature and constituting a substantial interference to the health, welfare, safety and convenience to the petition's subscribers.

D.

The City Clerk or his/her designee is hereby designated to review the petition filed in each proceeding and to verify the signatures appearing thereon with the property owners whose names appear on the Assessor's records of St. Louis County, or the registered voters whose names appear on the St. Louis County Board of Election Commissioner's records, as the case may be, and whether such persons constitute a majority of property owners or registered voters in said petition circle. A report thereof shall be made to the Public Works Director prior to the setting of a hearing date on said petition. A hearing date shall not be set unless the signatures of a majority of the property owners or a majority of the registered voters in the petition circle are verified. Failure of a petition to contain sufficient signatures under the requirements of Subsection (B) herein, shall not prohibit the re-filing of a new petition regarding the same premise.

Section 215.110. Hearing. [Ord. No. 632 §4, 3-16-1999] A.

The Public Works Director shall set a reasonable time for the hearing to determine whether a nuisance


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exists and, if so determined, then to recommend appropriate remedies for abatement and enforcement. Not later than ten (10) working days prior to said hearing, the Public Works Director shall cause to be served a notice of said hearing and a copy of the petition, when applicable, on the legal owner or owners of said property, as determined by the records of ownership maintained by the Office of the Assessor of St. Louis County, the occupants of said premise, if they are different from the legal owner; and the person or persons designated to receive said notice on behalf of the petitioners. Service of said notice by Certified Mail shall be deemed sufficient for the purposes of this Section. B.

The hearing shall be conducted at the time and place set forth in the notice. The hearing officer shall be appointed by the City Manager and shall be a resident of St. Louis County and shall have been licensed to practice law in the State of Missouri for a period of at least two (2) years. The hearing officer shall commence a hearing for the purpose of determining whether a public nuisance exists under the provisions of this Article. All interested parties, including owners, lessees, mortgagors, tenants and neighbors and police officers may attend the hearing and present testimony. The notice of the hearing shall include the purpose of the hearing, the date and time of the hearing and the location of the hearing. The hearing officer shall take testimony under oath pertaining to all relevant matters. The hearing may be continued, if necessary, for not more than thirty (30) days, to conclude the investigation or for good cause shown.

C.

At the conclusion of the hearing, the hearing officer shall make a finding and a recommendation in writing that the activity occurring at the subject property is not a public nuisance and no further action is required; or that the activity occurring at the subject property does constitute a public nuisance, in which case the hearing officer shall recommend an appropriate means to abate the activity. If deemed appropriate and necessary to abate the nuisance activity, the hearing officer may recommend that the occupancy of the property be prohibited to the extent necessary to abate the nuisance but for a time period of not less than thirty (30) days nor more than one (1) year. The recommendation of the hearing officer shall be immediately presented to the City Manager who shall issue an appropriate order. A copy of said Order shall be published in a newspaper of general circulation and sent by Certified Mail to the owner of the involved property; the occupant(s) of the involved property, if different from the owner, and the designated representative of the petitioners. Any person adversely affected by said Order shall have a right of Judicial Review as provided by Section 536.100 RSMo., as supplemented.

Section 215.120. Determination of Whether Operation of Property Is Detrimental. [Ord. No. 632 §5, 3-16-1999] A.

In determining whether the operation of a property is detrimental to the neighborhood in which the property is located and therefore constitutes a public nuisance, the hearing officer shall consider the following factors, giving such weight thereto as he deems appropriate. 1.

The physical characteristics of the neighborhood in which the alleged nuisance property is located with particular consideration being given to the proximity of the property to residential property, parks, churches, schools and playgrounds;

2.

Littering, as prohibited in Section 210.270 of the Revised Code of the City of St. John, committed by owner, occupant or persons frequenting the alleged nuisance property;

3.

Drinking of alcoholic beverages in public as prohibited in Section 600.230 of the Revised Code of the City of St. John by the owner, occupant or persons frequenting the alleged nuisance property;

4.

Lewd and indecent conduct as prohibited in Section 210.380 or 600.270 of the Revised Code of


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the City of St. John, including but not limited to, public urination exhibited by the owner, occupant or persons frequenting the alleged nuisance property, whether such behavior occurs on the property or in the immediate vicinity thereof. 5.

Commission of crimes as prohibited by Federal or State Statute upon or in the immediate vicinity of a premise by the owner, occupant or persons frequenting the alleged nuisance property;

6.

Sale or use of illegal drugs, as prohibited by Federal or State Statute or City ordinance, upon or in the immediate vicinity of the alleged nuisance property by the owner, occupant or persons frequenting the property;

7.

Harassing or intimidating behavior, as prohibited by Section 210.340 of the Revised Code of the City of St. John, exhibited by the owner, occupant or persons frequenting or congregating about the alleged nuisance property toward persons living in the neighborhood in which the property is located or toward persons passing by the property;

8.

Noise, as prohibited in Section 210.135 of the Revised Code of the City of St. John, associated with or caused by the owner, occupant or persons frequenting the alleged nuisance property;

9.

Street or sidewalk congestion associated with or caused by the owner, occupant or persons frequenting the alleged nuisance property;

10. Any violation of the occupancy ordinances of the City of St. John, associated with or caused by the owner, occupant or persons frequenting the alleged nuisance property; or 11.

Any other activity deemed relevant by the hearing officer, to the determination of whether said activity is detrimental to the neighborhood in which the alleged nuisance property is located.

Section 215.130. Proof of Required Notices. [Ord. No. 632 §6, 3-16-1999] At any hearing convened under Section 215.110 of this Article, proof that the required notices were properly sent to the owner or occupant of the property under the provisions of Section 215.180 herein, shall be prima facie evidence of knowledge on the part of the owner or occupant of the property of the alleged nuisance activity. For purposes of this Article, a person shall be considered to frequent a property if he/she lives or works at or visits the property or if he/she loiters about the immediate vicinity of the property but would not do so except for the existence of the property.

Section 215.140. Right of Entry. [Ord. No. 632 §7, 3-16-1999] Any person employed or contracted with for the abatement of a nuisance as ordered under the provisions of this Article, and any agent or employee of such person, shall have the right of entry for that purpose into and upon any property.

Section 215.150. Duty of Police Department. [Ord. No. 632 §8, 3-16-1999] It shall be the duty of the Police Department to assist the Public Works Director and his employees, in the discharge of their duties, as may be required under this Article whenever called upon to do so. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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Section 215.160. Violations of This Article. [Ord. No. 632 §9, 3-16-1999] A.

It shall be a violation of this Article for the owner, his agent, or the occupant of any residential or commercial property to fail to obey an order to abate a nuisance under the provisions of this Article.

B.

It shall be a violation of this Article to interfere with any entry permitted under Section 215.140 herein or any entry by any Police Officer, any officer or agent or employee of the City of St. John for the purpose of abatement of any nuisance, as ordered under the provisions of this Article.

C.

It shall be a violation of this Article for any person to use or occupy or to permit any other person to use or occupy any property ordered vacated or closed pursuant to this Article.

D.

It shall be a violation of this Article for any person to mutilate or remove any order posted under the provisions of this Article.

Section 215.170. Condemning of Property Not Superseded or Limited. [Ord. No. 632 §10, 3-16-1999] Nothing in this Article shall be interpreted to supersede or limit in any manner the authority of the Public Works Director or the Building Inspector to condemn property under the authority of any provision of the Revised Code of the City of St. John.

Section 215.180. Notices — How Sent and Posted. [Ord. No. 632 §11, 3-16-1999] All notices required under this Article shall be sent by Certified Mail to the owner of the property, the occupants of the property, the mortgagor, if shown on the recorder of deeds records, and posted on the subject property in a conspicuous place. The posting of the property shall be done by the Building Inspector.

Section 215.190. Closure of Property. [Ord. No. 632 §12, 3-16-1999] Closure of any property pursuant to this Article shall not constitute an act of possession, ownership or control by the City of St. John of the closed property.

Section 215.200. Owner to Comply With Other Ordinances. [Ord. No. 632 §13, 3-16-1999] Nothing contained in this Article shall relieve the owner of any property from complying with all other ordinances that relate to property, fire or health codes or any other ordinance that regulates the condition or use of property.


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Section 215.210. Penalties. [Ord. No. 632 §14, 3-16-1999] A.

Every violation of this Article shall be punishable by a fine of not less than three hundred dollars ($300.00) nor more than one thousand dollars ($1,000.00) and/or ninety (90) days in jail. [Ord. No. 1014 §1, 7-15-2013]

B.

In lieu of a fine, the judge may require the defendant to perform not less than fifty (50) hours of community service.

Chapter 220. Discrimination Article I. General Provisions Section 220.010. Definitions. As used in this Chapter, the following terms shall mean: AGE

An age of forty (40) or more years but less than seventy (70) years, except that it shall not be an unlawful employment practice for an employer to require the compulsory retirement of any person who has attained the age of sixty-five (65) and who, for the two (2) year period immediately before retirement, is employed in a bona fide executive or high policymaking position, if such person is entitled to an immediate nonforfeitable annual retirement benefit from a pension, profit sharing, savings or deferred compensation plan, or any combination of such plans, of the employer, which equals, in the aggregate, at least forty-four thousand dollars ($44,000.00);

COMMISSION The Missouri Commission on Human Rights; COMPLAINANT A person who has filed a complaint with the Commission alleging that another person has engaged in a prohibited discriminatory practice; DISCRIMINATION Any unfair treatment based on race, color, religion, national origin, ancestry, sex, age as it relates to employment, handicap, or familial status as it relates to housing; DWELLING Any building, structure or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one (1) or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure or portion thereof; EMPLOYER Includes the State or any political or civil subdivision thereof, or any person employing six (6) or more persons within the State, and any person directly acting in the interest of an employer, but does not include corporations and associations owned and operated by religious or sectarian groups; EMPLOYMENT AGENCY http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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Any person or agency, public or private, regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer and includes any person acting in the interest of such a person; EXECUTIVE DIRECTOR The Executive Director of the Missouri Commission on Human Rights; FAMILIAL STATUS One (1) or more individuals who have not attained the age of eighteen (18) years being domiciled with: 1.

A parent or another person having legal custody of such individual; or

2.

The designee of such parent or other person having such custody, with the written permission of such parent or other person. The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of eighteen (18) years;

HANDICAP A physical or mental impairment which substantially limits one or more of a person's major life activities, a condition perceived as such, or a record of having such an impairment, which with or without reasonable accommodation does not interfere with performing the job, utilizing the place of public accommodation, or occupying the dwelling in question. For purposes of this Chapter, the term "handicap" does not include current, illegal use of or addiction to a controlled substance as such term is defined by Section 195.010, RSMo.; however, a person may be considered handicapped if that person: 1.

Has successfully completed a supervised drug rehabilitation program and is no longer engaging in the illegal use of, and is not currently addicted to, a controlled substance or has otherwise been rehabilitated successfully and is no longer engaging in such use and is not currently addicted;

2.

Is participating in a supervised rehabilitation program and is no longer engaging in illegal use of controlled substances; or

3.

Is erroneously regarded as currently illegally using, or being addicted to, a controlled substance;

HUMAN RIGHTS FUND A fund established to receive civil penalties as required by Federal Regulations and as set forth by Subdivision (2) of Subsection 11 of Section 213.075, RSMo., and which will be disbursed to offset additional expenses related to compliance with the Department of Housing and Urban Development regulations; LABOR ORGANIZATION Includes any organization which exists for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or for other mutual-aid or protection in relation to employment; LOCAL COMMISSIONS Any Commission or agency established prior to August 13, 1986, by an ordinance or order adopted by the governing body of any City, Constitutional Charter City, Town, Village, or County; PERSON Includes one (1) or more individuals, corporations, partnerships, associations, organizations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, trustees, trustees in bankruptcy, receivers, fiduciaries, or other organized groups of persons; PLACES OF PUBLIC ACCOMMODATION http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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All places or businesses offering or holding out to the general public, goods, services, privileges, facilities, advantages or accommodations for the peace, comfort, health, welfare and safety of the general public or such public places providing food, shelter, recreation and amusement, including, but not limited to: 1.

Any inn, hotel, motel, or other establishment which provides lodging to transient guests, other than an establishment located within a building which contains not more than five rooms for rent or hire and which is actually occupied by the proprietor of such establishment as his residence;

2.

Any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility principally engaged in selling food for consumption on the premises, including, but not limited to, any such facility located on the premises of any retail establishment;

3.

Any gasoline station, including all facilities located on the premises of such gasoline station and made available to the patrons thereof;

4.

Any motion picture house, theater, concert hall, sports arena, stadium, or other place of exhibition or entertainment;

5.

Any public facility owned, operated, or managed by or on behalf of this State or any agency or subdivision thereof, or any public corporation; and any such facility supported in whole or in part by public funds;

6.

Any establishment which is physically located within the premises of any establishment otherwise covered by this section or within the premises of which is physically located any such covered establishment, and which holds itself out as serving patrons of such covered establishment;

RENT Includes to lease, to sublease, to let and otherwise to grant for consideration the right to occupy premises not owned by the occupant; RESPONDENT A person who is alleged to have engaged in a prohibited discriminatory practice in a complaint filed with the Commission; UNLAWFUL DISCRIMINATORY PRACTICE Any act that is unlawful under this Chapter.

Section 220.020. Commission on Human Relations — Establishment Authorized. There is hereby authorized a City Commission on Human Relations, to consist of ____ members as may be appointed by the Mayor subject to the approval of the City Council. The Mayor shall designate the appointee who shall serve as Chairman. Of those first appointed, one-third (⅓) shall be appointed for one (1) year terms, one-third (⅓) for two (2) year terms, and one-third (⅓) for three (3) year terms. All members shall serve a term of three (3) years, except those who are appointed to fill a vacancy occurring during the term of a member. All members shall serve without compensation.

Section 220.030. Commission on Human Relations — Meetings and Procedures. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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The Commission shall fix the time and place of its meetings, and shall, except as herein provided, adopt such other procedures deemed necessary for the successful administration of the provisions and the consummation of the purposes of this Chapter.

Section 220.040. Commission on Human Relations — Functions and Duties Generally. The Commission shall act in an advisory capacity to the Mayor and City Council, and its functions and duties shall be to foster mutual self respect and to further amicable relations among the various segments of the population which together comprise the city; to help preserve the city's good reputation for tolerance and fair play and promote even better relations among its people; to help make it possible for each citizen, regardless of race, color, religion, national origin, ancestry, sex or handicap, to develop his talents and abilities without limitation; and to assist the community in the fullest realization of its human resources. In order to accomplish the objectives herein set out, the commission shall advise the Mayor and City Council and other officers of the City on problems affecting human and intergroup relations.

Section 220.050. Unlawful Discriminatory Practices — Generally. A.

It shall be an unlawful discriminatory practice: 1.

To aid, abet, incite, compel, or coerce the commission of acts prohibited under this Chapter or to attempt to do so;

2.

To retaliate or discriminate in any manner against any other person because such person has opposed any practice prohibited by this Chapter or because such person has filed a complaint, testified, assisted, or participated in any manner in any investigation, proceeding or hearing conducted pursuant to this Chapter;

3.

For the State or any political subdivision of this State to discriminate on the basis of race, color, religion, national origin, sex, ancestry, age, as it relates to employment, handicap, or familial status as it relates to housing; or

4.

To discriminate in any manner against any other person because of such person's association with any person protected by this Chapter.

Section 220.060. Discrimination Complaint — Procedures. A.

Filing Complaint. To ensure that the rights of all parties be adequately protected, the procedures for filing and investigating discrimination complaints shall be as follows: 1.

Any person claiming to have been subjected to any discriminatory practice, as defined in this Chapter, may file a complaint with the Commission on Human Relations. Any complaint must be filed within one hundred eighty (180) days of the date of the alleged incident. The complaint shall be in writing and be in such form as the Board may prescribe.

2.

Upon receipt of such complaint, the Commission on Human Relations shall furnish a copy of the complaint to the person against whom the complaint is made.


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B.

Investigation. 1.

Within thirty (30) days after receiving the complaint, the Board shall investigate the complaint, and, at its next regularly scheduled meeting, determine whether there is merit to the complaint. If merit is found to exist, the Board shall proceed to try to correct the alleged discriminatory practice by informal methods of conference and conciliation.

2.

No further formal action shall be taken for thirty (30) days in an attempt to effect a reconciliation between the parties.

3.

If the Board is unable to eliminate or correct the alleged discriminatory practice by conference and conciliation, then the Board shall forward the complaint to the City Attorney for appropriate action.

Section 220.070. Violation and Penalty. [Ord. No. 1014 §1, 7-15-2013] A person who shall violate a provision of this Chapter or fail to comply therewith or any requirements thereof, shall upon conviction thereof be deemed guilty of a misdemeanor and shall be punishable by a maximum fine of one thousand dollars ($1,000.00) or imprisonment for ninety (90) days, or by both such fine and imprisonment.

Article II. Fair Housing Section 220.080. Statement of Policy — Administration. The City Council of the City of St. John declares it to be public policy of said City to eliminate discrimination and safeguard the right of any person to sell, purchase, rent, or obtain real property without regard to race, color, religion, national origin, ancestry, sex, or handicap. This Article shall be an exercise of the police powers of the City of St. John, for the protection of the public welfare, prosperity, health, and peace of the people of said City.

Section 220.090. Unlawful Housing Practices — Discrimination in Housing — Compliance With Other Standards, Etc. A.

It shall be an unlawful housing practice: 1.

To refuse to sell or rent after the making of a bona fide offer, to refuse to negotiate for the sale or rental of, to deny or otherwise make unavailable, a dwelling to any person because of race, color, religion, national origin, ancestry, sex, handicap, familial status, sexual orientation or gender identity; [Ord. No. 1013 §1, 7-1-2013]

2.

To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, national origin, ancestry, sex, handicap, familial status, sexual orientation or gender


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identity; [Ord. No. 1013 §1, 7-1-2013] 3.

To make, print, or publish, or cause to be made, printed, or published any notice, statement or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, national origin, ancestry, sex, handicap, familial status, sexual orientation or gender identity or an intention to make any such preference, limitation, or discrimination; [Ord. No. 1013 §1, 7-1-2013]

4.

To represent to any person because of race, color, religion, national origin, ancestry, sex, handicap, familial status, sexual orientation or gender identity, that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available; [Ord. No. 1013 §1, 7-1-2013]

5.

To induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, national origin, ancestry, sex, handicap, familial status, sexual orientation or gender identity; [Ord. No. 1013 §1, 7-1-2013]

6.

To discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a handicap of:

7.

B.

a.

That buyer or renter;

b.

A person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or

c.

Any person associated with that buyer or renter;

To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a handicap of: a.

That person;

b.

A person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or

c.

Any person associated with that person.

For purposes of Sections 220.090, 220.100 and 220.110, discrimination includes: 1.

A refusal to permit, at the expense of the handicapped person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises, except that, in the case of a rental, the landlord may, where it is reasonable to do so, condition permission for a modification on the renter's agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted;

2.

A refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling; or

3.

In connection with the design and construction of covered multi-family dwellings for first occupancy after March 13, 1991, a failure to design and construct those dwellings in such a manner that:


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a.

The public use and common use portions of such dwellings are readily accessible to and usable by handicapped persons;

b.

All the doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by handicapped persons in wheelchairs; and

c.

All premises within such dwellings contain the following features of adaptive design: (1) An accessible route into and through the dwelling; (2) Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations; (3) Reinforcements in bathroom walls to allow later installation of grab bars; and (4) Usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space.

C.

As used in Subdivision (3) of Subsection (B) of this Section, the term "covered multi-family dwelling" means: 1.

Buildings consisting of four (4) or more units if such buildings have one or more elevators; and

2.

Ground floor units in other buildings consisting of four (4) or more units.

D.

Compliance with the appropriate requirements of the American National Standard for Buildings and Facilities providing accessibility and usability for physically handicapped people, commonly cited as "ANSI A117.1", suffices to satisfy the requirements of Subparagraph (a) of Subdivision (3) of Subsection (B) of this Section.

E.

Where a unit of general local government has incorporated into its laws the requirements set forth in Subdivision (3) of Subsection (B) of this Section, compliance with such laws shall be deemed to satisfy the requirements of that Subdivision. Such compliance shall be subject to the following provisions: 1.

A unit of general local government may review and approve newly constructed covered multifamily dwellings for the purpose of making determinations as to whether the design and construction requirements of Subdivision (3) of Subsection (B) of this Section are met;

2.

The Commission shall encourage, but may not require, the units of local government to include in their existing procedures for the review and approval of newly constructed covered multi-family dwellings, determinations as to whether the design and construction of such dwellings are consistent with Subdivision (3) of Subsection (B) of this Section, and shall provide technical assistance to units of local government and other persons to implement the requirements of Subdivision (3) of Subsection (B) of this Section;

3.

Nothing in this Chapter shall be construed to require the Commission to review or approve the plans, designs or construction of all covered dwellings, to determine whether the design and construction of such dwellings are consistent with the requirements of Subdivision (3) of Subsection (B) of this Section.

F.

Nothing in this Chapter shall be construed to invalidate or limit any law of the State or political subdivision of the State, or other jurisdiction in which this Chapter shall be effective, that requires dwellings to be designed and constructed in a manner that affords handicapped persons greater access than is required by this Chapter.

G.

Nothing in Sections 220.090, 220.100 and 220.110 requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.


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H.

Nothing in Sections 220.090, 220.100 and 220.110 limits the applicability of any reasonable local or State restriction regarding the maximum number of occupants permitted to occupy a dwelling, nor does any provision in this Section, Sections 220.100 and 220.110 regarding familial status apply with respect to housing for older persons.

I.

As used in Sections 220.090, 220.100 and 220.110, "housing for older persons" means housing:

J.

1.

Provided under any State or Federal program that the Commission determines is specifically designed and operated to assist elderly persons, as defined in the State or Federal program;

2.

Intended for, and solely occupied by, persons sixty-two (62) years of age or older; or

3.

Intended and operated for occupancy by at least one person fifty-five (55) years of age or older per unit. In determining whether housing qualifies as housing for older persons under this Subsection, the Commission shall develop regulations which require at least the following factors: a.

The existence of significant facilities and services specifically designed to meet the physical or social needs of older persons, or if the provision of such facilities and services is not practicable, that such housing is necessary to provide important housing opportunities for older persons; and

b.

At least eighty percent (80%) of the units are occupied by at least one person fifty-five (55) years of age or older per unit; and

c.

The publication of, and adherence to, policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons fifty-five (55) years of age or older.

Housing shall not fail to meet the requirements for housing for older persons by reason of: 1.

Persons residing in such housing as of August 28, 1992, who do not meet the age requirements of Subdivision (2) or (3) of Subsection (I) of this Section, provided that new occupants of such housing meet the age requirements of Subdivision (2) or (3) of Subsection (I) of this Section; or

2.

Unoccupied units, provided that such units are reserved for occupancy by persons who meet the age requirements of subdivision (2) or (3) of Subsection (I) of this Section.

K.

Nothing in Sections 220.090, 220.100, or 220.110 shall prohibit conduct against a person because such person has been convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance, as defined by Section 195.010, RSMo.

L.

Nothing in this Chapter shall prohibit a religious organization, association, or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, color, or national origin. Nor shall anything in this Chapter prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodging which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodging to its members or from giving preference to its members.

M. Nothing in this Chapter, other than the prohibitions against discriminatory advertising in Subdivision (3) of Subsection (A) of this Section, shall apply to: 1.

The sale or rental of any single-family house by a private individual owner, provided the following conditions are met: a.

The private individual owner does not own or have any interest in more than three (3) singlefamily houses at any one time; and


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b.

2.

The house is sold or rented without the use of a real estate broker, agent or salesperson or the facilities of any person in the business of selling or renting dwellings and without publication, posting or mailing of any advertisement. If the owner selling the house does not reside in it at the time of the sale or was not the most recent resident of the house prior to such sale, the exemption in this Section applies to only one such sale in any twenty-fourmonth period; or

Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four (4) families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his or her residence.

Section 220.100. Discrimination in the Financing of Housing. [Ord. No. 1013 §1, 7-1-2013] It shall be unlawful for any bank, building and loan association, insurance company or other corporation, association, firm or enterprise whose business consists in whole or in part in the making of commercial real estate loans, to deny a loan or other financial assistance because of race, color, religion, national origin, ancestry, sex, handicap familial status, sexual orientation or gender identity to a person applying therefor for the purpose of purchasing, construction, improving, repairing, or maintaining a dwelling, or to discriminate against him in fixing of the amount, interest rate, duration or other terms or conditions of such loan or other financial assistance, because of the race, color, religion, national origin, ancestry, sex, handicap, familial status, sexual orientation or gender identity of such person or of any person associated with him in connection with such loan or other financial assistance, or of the present or prospective owners, lessees, tenants, or occupants, of the dwellings in relation to which such loan or other financial assistance is to be made or given.

Section 220.110. Discrimination in Selling or Renting by Real Estate Agencies Prohibited. [Ord. No. 1013 §1, 7-1-2013] It shall be unlawful to deny any person access to or membership or participation in any multiple listing service, real estate brokers' organization or other service organization, or facility relating to the business of selling or renting dwellings, on account of race, color, religion, national origin, ancestry, sex, handicap, familial status, sexual orientation or gender identity.

Article III. Public Accommodations Section 220.120. Policy. It is hereby declared to be the policy of this City, in exercise of its licensing and police powers for the preservation of the peace and the protection of the health, welfare, and safety of its citizens to prohibit discriminatory practices in places of public accommodation within the City.

Section 220.130. Discrimination in Public Accommodations Prohibited, Exceptions. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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[Ord. No. 1013 §1, 7-1-2013] A.

All persons within the jurisdiction of the State of Missouri, are free and equal and shall be entitled to the full and equal use and enjoyment within this state of any place of public accommodation, as hereinafter defined, without discrimination or segregation on the grounds of race, color, religion, national origin, sex, ancestry, handicap, sexual orientation or gender identity.

B.

It is an unlawful discriminatory practice for any person, directly or indirectly, to refuse, withhold from or deny any other person, or to attempt to refuse, withhold from or deny any other person, any of the accommodations, advantages, facilities, services, or privileges made available in any place of public accommodation, as defined in Section 220.010 and this Section, or to segregate or discriminate against any such person in the use thereof on the grounds of race, color, religion, national origin, sex, ancestry, handicap, sexual orientation or gender identity.

C.

The provisions of this Section shall not apply to a private club, a place of accommodation owned by or operated on behalf of a religious corporation, association or society, or other establishment which is not in fact open to the public, unless the facilities of such establishments are made available to the customers or patrons of a place of public accommodation as defined in Section 220.010 and this Section.

Section 220.140. Additional Unlawful Discriminatory Practices. [Ord. No. 1013 §2, 7-1-2013] A.

It shall be an unlawful discriminatory practice: 1.

To aid, abet, incite, compel, or coerce the commission of acts prohibited under this Chapter or attempt to do so;

2.

To retaliate or discriminate in any manner against any other person because such person has opposed any practice prohibited by this Chapter or because such person has filed a complaint, testified, assisted or participated in any manner in any investigation, proceeding or hearing conducted pursuant to this Chapter;

3.

For the City to discriminate on the basis of race, color, religion, national origin, sex, ancestry, age, as it related to employment, disability, familial status, sexual orientation, or gender identity as it relates to housing; or

4.

To discriminate in any manner against any other person because of such person's association with any person protected by this Chapter.

Section 220.150. Exceptions. [Ord. No. 1013 §3, 7-1-2013] A.

Nothing in this Chapter shall be construed to invalidate or limit any law of the State or of the City that requires dwellings to be designed and constructed in a manner that affords person with disabilities greater access than is required by this Chapter.

B.

Nothing in Sections 220.090, 220.100 and 220.130: 1.

Requires that a dwelling be made available to an individual whose tenancy would constitute a


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direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others. 2.

Limits the applicability of any reasonable local restriction regarding the maximum number of occupants permitted to occupy a dwelling, nor does any provision of said Sections regarding familial status apply with respect to housing for older persons.

3.

Shall prohibit conduct against a person because such person has been convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance, as defined by Section 195.010, RSMo.

C.

Nothing in this Chapter shall prohibit a religious organization, association or society or any non-profit institution or organization, association or society from limiting the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, color or national origin. Nor shall anything in this Chapter prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodging which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodging to its members or from giving preference to its members.

D.

Nothing in this Chapter, other than the prohibitions against discriminatory advertising in Subsection (A)(3) of Section 220.090. shall apply to: 1.

2.

The sale or rental of any single-family house by a private individual owner, provided the following conditions are met: a.

The private individual owner does not own or have any interest in more than three (3) singlefamily houses at any one time; and

b.

The house is sold or rented without the use of a real estate broker, agent or salesperson or the facilities of any person in the business of selling or renting dwellings and without publication, posting or mailing of any advertisement. If the owner selling the house does not reside in it at the time of the sale or was not the most recent resident of the house prior to such sale, the exemption in this Section applies to only one (1) such sale in any twenty-fourmonth period.

Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four (4) families living independently of each other, if the owner actually maintains and occupies one (1) of such living quarters as his/her residence.

Section 220.160. Violations and penalties. [Ord. No. 1013 §4, 7-1-2013] Any person from a corporation violating any provisions of Sections 220.140 and 220.150 shall be punishable, upon conviction, according to the provisions in Section 100.010 of the Municipal Code of the City of St. John.

Chapter 225. Weeds and Grass Section 225.010. Weeds and Other Growths. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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[CC §18.500; Ord. No. 276, 9-15-1986] No owner or tenant of any lot, place or area within the City, or the agent of such owner or tenant, shall permit on such lot, place or area or upon any adjoining right-of-ways and/or sidewalks weeds, grass, or deleterious, unhealthful growths, or other noxious matter that may be growing, lying or located thereon, which exceed eight (8) inches in height.

Section 225.020. Notice to Destroy. [CC §18.510; Ord. No. 276, 9-15-1986] The Code Enforcement Officer is hereby authorized and empowered to notify, in writing, the owner of any such lot, place or area within the City of St. John or the agent of such owner or tenant, to cut, destroy and/or remove any such weeds, grass or deleterious, unhealthful growths, or other noxious matter, found growing, lying or located on such owner's or tenants property, or upon any adjoining right-of-way and/or sidewalks which are in excess of eight (8) inches in height. Such notice shall specify the time within which said weeds or grass are to be cut and shall be addressed to said owner or tenant or agent of said owner or tenant at his last known address. Said notice shall be mailed to or posted on the premises involved. No notice to cut, destroy and/or remove shall be required to be given to any owner or tenant or agent of said owner or tenant who has previously received a notice under this Section within the preceding twenty-four (24) months before the present violation.

Section 225.030. Duty of Owner. [CC §18.520; Ord. No. 276, 9-15-1986] Upon the failure, neglect, or refusal of any owner, tenant or agent of said owner or tenant so notified to cut, destroy and/or remove weeds, grass, or deleterious, unhealthful growths, or other noxious matter, growing, lying or located upon such owner's property, or upon any adjoining right-of-way and/or sidewalk, which are in excess of eight (8) inches in height, within the specified period of time set forth in written notice, the Code Enforcement Officer is hereby authorized and empowered to pay for the cutting, destroying and/or removal of such weeds, grass or deleterious, unhealthful growths, or other noxious matter or to order the cutting and/or removal by the City.

Section 225.040. Payment for Removal. [CC §18.530; Ord. No. 276, 9-15-1986; Ord. No. 1015 §1, 8-19-2013] When the City has effected the cutting and/or removal of such growth or matter or has paid for its cutting and/or removal, the actual cost thereof, plus an administrative fee, if not paid by such owner prior thereto, shall be charged to the owner of such property or tenant or agent of said owner or tenant of such property on an invoice issued by the City of St. John. The administrative fee shall be set at fifty dollars ($50) for the first grass cutting, one hundred dollars ($100) for the second grass cutting, and two hundred dollars ($200) for any grass cutting after that.

Section 225.050. Cost of Removal a Lien — When. [CC §18.540; Ord. No. 25, 10-7-1974] When the full amount due the City of St. John is not paid by such owner after the cutting, destroying and/or removal of such weeds, grass or deleterious, unhealthful growths, or other noxious matter, as set forth in Sections 225.030 and 225.040 above, then, and in that case, the Code Enforcement Officer shall cause to be http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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recorded in the Clerks Office of the City of St. John, a sworn statement showing the cost and expense incurred for the work and the date, place or property on which said work was done, and the recordation of such sworn statement shall constitute a lien and privilege on the property, and shall remain in full force and effect for the amount due plus interest (as set forth hereinafter), plus costs of Court, if any, for collection, until final payment has been made; said costs and expenses shall be collected in the manner fixed by law for the collection of taxes and further, shall be subject to a delinquent penalty of eight percent (8%) per annum from date of violation in the event same is not paid in full on or before the date the tax bill upon which said charge appears becomes delinquent; sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily, and shall be full notice to every person concerned that the amount of the statement plus interest, constitutes a charge against the property designated or described in the statement, and that the same is due and collectible as provided by law.

Chapter 230. Rubbish and Garbage Section 230.010. Definitions. [CC §19.01; Ord. No. 25, 10-7-1974; Ord. No. 419 §7, 1-27-1992] The following words, terms or phrases wherever used in this Chapter shall be construed as follows: BUSINESS ESTABLISHMENT Any individual, firm, partnership, corporation, association, club, agency or other organizations engaged in this City in retail or wholesale commercial, manufacturing, individual or personal services, educational, religious, benevolent, or professional activities or in the management or operation thereof. CITY The City of St. John, Missouri, a Municipal corporation, as well as the territory included within the corporate limits of the City of St. John. CITY REFUSE COLLECTOR Any individual, firm, partnership, corporation, or employee thereof under contract with the City for the collection, removal and final disposition of garbage or rubbish, or both, from all premises owned, rented, leased, or occupied by any householder within the City under the direction and supervision of the Code Enforcement Officer. CODE ENFORCEMENT OFFICER The individual who has been duly appointed to the position of Code Enforcement Officer, who is charged with the enforcement of the provisions of this Chapter, or their duly authorized agent. COMPOST Yard wastes such as grass, leaves, vines, hedge and shrubbery trimmings, tree limbs less than one (1) inch in diameter and less than four (4) feet in length and other organic materials from the yard or garden. GARBAGE All semi-solid and solid food wastes derived from and during the procurement, storage, processing, sale, cooking, serving, and consumption of food materials of animal, vegetable, or synthetic origin which are intended for and are used by householders, business establishments, or public or private institutions for the refreshment or sustenance of human beings or animals. The term "garbage" as used in this Chapter, shall not include dead animals, liquid wastes, or the wastes resulting from the operation of slaughterhouses and packing plants, from the processing of hides or other animal parts. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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HOUSEHOLDER Any individual who is the legal or normal head of a household comprised of himself and other individuals who hold temporary or permanent domicile in a single-family or multiple dwelling, with living facilities up to three (3) families within this City. INSTITUTION The premises and activities of an individual, firm, partnership, corporation, association, club, public or private agency or other organization engaged within this City in teaching of any kind, in religious or benevolent services or in the temporary or permanent care or treatment of more than three (3) individuals who either have or are suspected of having physical or mental afflictions. MULTIPLE-FAMILY AND TRAILER PARKS Any dwelling with facilities for four (4) families or an area designated for parked trailers. PERSON Any individual, firm, company, co-partnership, corporation, association, club, other organization or their agent or employee. PRIVATE REFUSE COLLECTOR Any person who has been licensed by the City to engage in the collection, removal and final disposition of refuse and who has been employed by any other person to render such service. RECYCLABLES Plastics, aluminum and tin cans, glass bottles and jars, newspapers. REFUSE Garbage and rubbish as defined separately below. RUBBISH All solid waste material exclusive of garbage, feces of whatever origin and other objects not subject to storage under the provisions of Section 230.060 of this Chapter. TRASH To be used synonymous with the term rubbish.

Section 230.020. Development and Maintenance of an Adequate Refuse Disposal Program. [CC §19.02; Ord. No. 25, 10-7-1974; Ord. No. 419 §8, 1-27-1992] A.

The City shall plan, organize, implement, and enforce to the extent and in the manner prescribed by this Chapter, a City-wide refuse disposal program providing for the accumulation, storage, removal, and final disposition by the City Refuse Collector or Private Refuse Collectors, or both, of all garbage, rubbish, trash or compost produced by and in households, business establishments, public or private institutions, multiple-family dwellings within the City. This Refuse Disposal Program shall be of sufficient scope to assure the preservation of the public health, welfare, and safety in this City. The disposal operations financed by the City shall be known as the "City Refuse Disposal Service". The disposal operations which are paid for directly by householders, business establishments, multiple-family, trailer parks, public or private institutions shall be known as the "Private Refuse Disposal Service". Each of these services shall be divided into the following phases of operations: 1.

The accumulation and storage of refuse on the premises served. This operation shall be the responsibility of the owner, user, or operator of the premises concerned.


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2.

The collection and removal of refuse from the premises served. This operation shall be the responsibility of the City Refuse Collector or the licensed Private Refuse Collector, or both.

3.

The final disposition of the refuse on sites and by methods approved by the Code Enforcement Officer. This operation shall be the responsibility of the respective refuse collectors and the owner and operator of the disposal site.

Section 230.030. Refuse Disposal Services — Who May Engage in. [CC §19.03; Ord. No. 342, 8-1-1988; Ord. No. 419 §9, 1-27-1992; Ord. No. 765 §6, 5-19-2003] A.

Lawful Refuse Disposal Operations. The disposal of refuse shall be considered lawful it if is performed by: 1.

The City Collector or collectors under contract with the City to render refuse disposal services to households, to the extent and by the procedure prescribed in such contracts and this Chapter.

2.

Any Private Refuse Collector who has been licensed for such work by the City and has been employed by one (1) or more householders, business establishments, multiple-family, trailer parks, public or private institutions to collect, remove and to effect final disposition of refuse from the premises concerned in full conformity with provisions of this Chapter and at no expense to the City.

3.

Any other person provided he effects the disposal of garbage on his own premises by means of a garbage grinding and disposal unit and the disposal of rubbish by means of an incinerator located within or outside of a building on his premises, and such incinerator is equipped with an electrical or mechanical device to eliminate smoke producing gases and solids, and provided further, that these disposal facilities and their operation conform with the provisions of this Chapter and have been approved by the City Manager, Chief of the Community Fire Protection District and St. Louis County. This does not prohibit any person from the disposing of yard waste by utilizing a compost pile, if properly done in accordance with the procedures delineated in Section 230.060 of this Chapter.

4.

By the City's own Refuse Disposal Department, if available.

B.

Private Refuse Collectors — How Licensed and Regulated. It shall be unlawful for any person to engage in business as a private refuse collector within the City without first obtaining a license to engage in such business. Persons desiring a license to conduct such business shall apply to the City Manager who, upon satisfactory proof of the qualifications of fitness of the applicant, his ability to comply with all of the provisions of this Chapter, payment of the established license fee in Section 610.020(A), will notify the City Clerk to issue license. Said license shall expire on the thirty-first (31st) of December of the calendar year of issuance and may be renewed thereafter annually upon payment of the license fee; provided however, that the City Manager shall have the right to direct the City Clerk to refuse to renew any such license if the City Manager shall determine that the holder thereof no longer qualified for a license under the provision of this Section.

C.

Unlawful Refuse Disposal Operations. 1.

It shall be unlawful for any person to store, remove, or dispose of garbage, refuse, trash, compost, and/or rubbish by open burning or by burying or depositing it in an ash pit, except as noted below, or by burying or depositing it in any alley, street, roadway, vacant lot, ditch, gully, stream, creek, body of water, or any other private or public property, or any other place within or beyond this City whose use for refuse storage or disposal has not been approved by the City Council.


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D.

2.

Further, a monitoring system is hereby established to ensure the proper and legal disposal of all solid waste generated within the corporate limits of the City of St. John. Said monitoring system shall apply to all residential and commercial haulers of waste in the City of St. John.

3.

In order for the City to properly execute its responsibilities in monitoring the proper and legal disposal of solid waste, any and all collectors of solid waste generated within the City boundaries shall submit an application for license as provided for in Subsection (B) above. Along with said application, collectors of refuse shall provide information on their waste collection routes, certify which landfills are currently being utilized for depositing solid waste collections and provide the State issued permit numbers for the landfills being utilized. Collectors are also to submit information on the estimated remaining capacity (in years) of the landfills being utilized and alternative plans for waste disposal once the landfill capacity is reached.

4.

Prior to issuing a license for any waste collection within the City of St. John, the City Manager, or his designee, shall investigate all applicant information carefully to ensure that all solid waste generated in the community is properly and legally disposed of.

Exceptions. The provision which prohibits the depositing of refuse in ash pits shall not apply to ashes resulting from the combustion of standard fuel materials, provided that such ash pits are operated and maintained as described in Section 230.060 (B,2)(d,4) of this Chapter.

Section 230.040. Type and Scope of Refuse Disposal Services. [CC §19.04; Ord. No. 25, 10-7-1974; Ord. No. 480 §1, 1-3-1994] A.

B.

Refuse Disposal Service by the City. 1.

How provided. Until such time when the City deems it necessary and feasible to organize and operate its own Refuse Disposal Department, the City shall effect the collection, removal and final disposition of garbage and rubbish from households by entering into a contract or contracts for such services with an individual, partnership, or corporation qualified for and experienced in these operations. The person or persons with whom the City enters into contract for Refuse Disposal Service shall be termed the City Refuse Collector or Collectors.

2.

Collector or collectors — services to householders. The City's services to householders under its contract with the City Refuse Collector or Collectors shall include the collection, removal and final disposition of all garbage and rubbish which is stored in accordance with the provisions of Section 230.060 of this Chapter, except for ashes stored in ash pits.

Contract for Collection, Removal and Disposal. The City may provide, by contract, and grant an exclusive franchise for the collection, removal and disposal of garbage and rubbish from all singlefamily dwellings, apartments and flats within the City of St. John, provided however the party given the exclusive franchise with the City shall be responsible for collecting the contract fees from owners and/or occupiers of the dwelling units. However, it shall be the responsibility of each owner and occupant of a dwelling unit to pay the required fees imposed by a contract in accordance with this Chapter.

Section 230.050. Responsibility for Proper Operation of Refuse Disposal Services. [CC §19.05; Ord. No. 25, 10-7-1974; Ord. No. 419 §10, 1-27-1992] http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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A.

Duties of Health Division. The City Health Division shall direct, supervise and control the accumulation and storage of all refuse in this City, and the collection, removal, and final disposition of all refuse by the City Refuse Collector or Private Refuse Collector from households, business establishments, multiple-family, trailer parks, and public or private institutions in this City shall be in full conformity with the provisions of this Chapter and it shall enforce the terms of the contract or contracts between the City and the City Refuse Collector or Collectors.

B.

Supplementary Rules and Regulations. The City Health Division shall have the power to establish, in addition to the provisions of this Chapter, such supplementary rules and regulations on all phases of the Refuse Disposal Program which it deems necessary, provided that such rules and regulations shall not be inconsistent with this Chapter and, provided further that they shall have as their purpose the clarification or enforcement of the provisions of the United States, State of Missouri, St. Louis County, and other counties, cities, towns and villages which may be affected by the refuse disposal operations of this City.

C.

Authority to Enter and Inspect Premises. The City Code Enforcement Officer, or assistants and agents shall have the right to admission to any premises on which refuse is being accumulated and stored pending removal, provided such a request is made for the purpose of ascertaining whether or not the provisions of this Chapter are being fulfilled and, provided further that requests for such inspections shall be made at reasonable times upon presentation of proper credentials. Any person who refuses to grant such an inspection under the conditions prescribed may be charged with a violation of this Chapter.

Section 230.060. Accumulation and Storage of Refuse — How Regulated. [CC §19.06; Ord. No. 25, 10-7-1974; Ord. No. 41, 2-3-1975; Ord. No. 151, 9-17-1979; Ord. No. 342, 8-1-1988; Ord. No. 419, §11, 1-27-1992; Ord. No. 506 §1, 11-21-1994; Ord. No. 731 §1, 5-20-2002; Ord. No. 798 §1, 4-19-2004; Ord. No. 918 §1, 10-6-2008; Ord. No. 985 §1, 6-4-2012] A.

B.

Responsibility of Owner or User of Premises. 1.

Any person who owns, operates or maintains a household, business establishment, multiple dwelling, trailer park, or public or private institution in this City shall be responsible to the City for the orderly and sanitary accumulation and storage of refuse pending removal, in full conformity with the provisions of this Chapter.

2.

It shall be unlawful for any person to accumulate, deposit, or store refuse on his premises or any other place within or beyond this City in any other manner or for a longer period than prescribed in this Chapter.

Storage Methods and Procedures. 1.

What may not be stored. Liquid food, wastes and urine or feces of whatever origin shall not be accumulated or stored for removal by either the City Refuse Collector or a Private Refuse Collector but shall be disposed of promptly through the sewer system by the person concerned.

2.

What may be stored and how. a.

Normal storage methods. All items of refuse which accumulate in households, business establishments, multiple-family, trailer parks, or public or private institutions shall be stored insofar as possible and, except as noted below, pending collection by either the City Refuse Collector or a Private Refuse Collector, in the following manner:


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b.

1)

The City Refuse Disposal Program provides for the separate collection of garbage, rubbish and trash from compost and such wastes shall be stored in separate containers of the type.

2)

The City Refuse Disposal Program provides for the combined collection of garbage, rubbish and trash on the first (1st) regularly scheduled pick-up day of the week and all compost materials on the second (2nd) regularly scheduled pick-up day of the week. Neither garbage, rubbish or trash may be set out with or mixed with compost materials on the pick-up day. Recyclables will be picked up at the curb on the designated pick-up day.

3)

Cord wood intended for heating purposes may be stored on premises, provided it is piled neatly and not less than twelve (12) inches above the ground.

4)

Ashes resulting from the combustion of standard heating materials or from the burning leaves or rakings of dry grass may be stored either in standard containers or in ash pits. In case the latter are used the user shall operate and maintain them as described in this Subsection (B) Subdivision 2 (d,4) below, and shall have them emptied at his own expense.

Special storage methods. 1)

Use of special containers. In the event that the garbage or rubbish of a business establishment, multiple-family, trailer park, or public or private institution cannot be stored satisfactorily and efficiently in the prescribed standard containers, the Health Division may authorize the use of trailer tanks or other containers for service by Private Refuse Collectors.

2)

Storage of large items of rubbish. In the event that a householder, business establishment, multiple-family, trailer park, or public or private institution requires removal of large items or rubbish which are constructed of material that cannot be broken up to permit storage in standard containers, such items of rubbish may be stored on the outside of the premises concerned without placement into containers provided that the number of such items is reasonable and that such rubbish is kept at least eighteen (18) inches above the ground, and provided further, that such storage will not produce conditions which, in the opinion and judgment of the Health Division, the Chief of the Community Fire Protection District and the Police Chief, will tend to create a sanitary nuisance or a hazard to the public health, welfare and safety.

c.

Length of storage period. Garbage and rubbish which, under the terms of this Chapter are eligible in type, and the amount for collection by the City Refuse Collector shall not be stored on the inside or outside of premises for a period longer than the time interval between collection days prescribed by the City. Garbage and rubbish which, on account of type or amount, require the services of a Private Refuse Collector shall not be stored on the inside or outside of premises for more than seven (7) days pending collection.

d.

Authorized containers. In order to assure that the accumulation and storage of refuse shall be performed in an orderly, clean, sanitary and safe manner, the containers which are used for these purposes shall be of the following types: 1)

Standard containers. Insofar as possible and except as noted in this Subsection (B), Subdivision 2 (b, 1 and 2) and in this Subsection (B) Subdivision 2 (d,2 and 4) below, garbage and rubbish shall be stored between collection periods in standard containers which have a capacity of not less than five (5) gallons. These containers shall be constructed of galvanized iron or similar durable material such as plastic, rubber or vinyl. These containers shall be equipped with tight fitting lids and suitable bails or


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handles. 2)

Baskets or bags. Baskets may be used in the storage of grass cuttings, but, in order to prevent spillage, such baskets must be free of holes. Plastic bags may be used for the storage of trash, rubbish, and garbage, but, in order to prevent spillage, such bags must be free of holes and securely fastened and placed within a container with a tight-fitting lid.

3)

Bundles. Items of rubbish, such as magazines, newspapers, trimmings from bushes and trees and other items, which are too large for storage in the standard containers may be tied into bundles which shall not exceed three (3) feet in length and two (2) feet in width or of a weight and volume which can be handled easily by not more than two (2) men.

4)

Ash pits. Ash pits may be used for the storage of ashes resulting from the combustion of standard heating materials, provided that such pits shall not be used for any other purposes, that they are kept rodent-tight and that, when not in use, they are tightly covered with a wood or metal lid, and provided further, that they are not filled to more than four (4) inches from the top and, when full, the owner or user of the pit shall have it emptied promptly at his own expense. Ash pits whose condition or use violate any of these provisions shall be ordered closed by the Health Division pending corrections. If such infractions occur frequently or if they are not corrected promptly upon notification from the Health Commissioner, he shall condemn the ash pit and order it removed.

5)

Tank type containers for multiple dwellings. When in the opinion of the Health Division, it is determined necessary to expedite refuse storage and collection because of the accumulation of refuse requiring an excessive number of containers which constitute either an unsightly, or unsanitary, or hazardous condition in connection with any multiple dwelling within the City of St. John, the owner of said dwelling shall furnish a tank type container or containers of a size and number sufficient to contain refuse between collections as determined by the Health Division of the City, and such containers shall be maintained in a hygienic and satisfactory condition.

e.

Number of containers. Any person who accumulates and stores refuse shall provide the number of containers which, in the opinion and judgment of the Health Division, are necessary for the orderly, clean and sanitary storage of refuse on the premises concerned in the interim between the prescribed collection days.

f.

Management of containers by their owners or users. Any person who owns or uses refuse containers of any kind or in whose behalf that are used by others shall keep them at all times in a dry, sanitary, rodent, insect and leakproof condition and shall clean, sanitize and repair them as often as necessary for proper compliance with this Chapter. The level of the contents of standard containers, baskets, bags and ash pits shall be kept at least four (4) inches from the top. The owner or user of containers and the refuse collectors shall be careful to avoid spillage of contents, and, if it occurs, they shall clean it up promptly and restore the premises to a clean and sanitary condition. At all times said receptacles shall be stored along the side or rear of the structure, but not in front of said structure except as otherwise provided for in this Chapter. Residents in the middle apartment of a triplex apartment building may store approved trash receptacles in front of their apartment provided the receptacles are placed as close to the building as possible.

g.

Recyclables. Recyclables will be stored and placed in the bin provided for by the Refuse Collector and placed at the curb on the day prescribed for pickup by 6:00 A.M. or one (1)


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hour before sundown the day immediately prior to pick-up day. Recyclables will be placed in the bin so as not to cause litter or debris in the area resulting from the wind. Recyclable bins are to be stored behind the building line or in an enclosed structure. All recyclables which contained food stuffs must be rinsed prior to disposal. h.

Compost piles. 1)

Compost bins shall be no larger than a five (5) foot cube (125 cu. ft.).

2)

Compost bins shall be layered properly and maintained to reduce odor.

3)

No compost bin shall be located closer than ten (10) feet to any residence and shall be at least three (3) feet from any fence or property line.

4)

Only organic yard wastes may be placed in a compost bin.

Section 230.070. Collection, Removal and Final Disposition of Refuse — How Regulated. [CC §19.07; Ord. No. 25, 10-7-1974; Ord. No. 851 §1, 3-6-2006] A.

Collection and Removal. 1.

Collection points. All refuse which is accumulated in the City and offered for disposal shall be collected from the front of the premises. The person who is responsible for the proper storage of refuse on the premises concerned and the collector serving him shall confer and shall designate a collection point at which, prior to 5:00 A.M. on collection days, all refuse containers and items of refuse shall be placed at the designated collection point. The City Refuse Collector shall not be required to collect refuse from the inside of buildings, nor any refuse not contained in a standard containers at any one (1) time from any one (1) household. When the refuse containers contain both eligible refuse and other items, the City Refuse Collector shall not be obligated to collect and remove their contents. When such violation occurs, the City Refuse Collector shall report it to the person concerned and the City Health Division. In case of controversy as to the eligibility or ineligibility of refuse, the decision of the Health Division shall be final.

2.

Management of containers by refuse collectors. Refuse Collectors shall perform their duties in a quiet, orderly and sanitary manner. After emptying the containers, the collector shall replace their lids and shall return the covered containers to the designated collection point on the premises. In case of spillage during collection, the Refuse Collectors shall pick up the spillage and restore the premises to a clean and sanitary condition. In the event the City Refuse Collector damages a container or its lid to an extent that it is subject to condemnation by the Health Division, it shall be the responsibility of the City Refuse Collector to replace the containers or the lid with a new container or lid of the same, quality and size.

3.

Method of collection. The collection and removal of garbage and rubbish shall be effected either by a combined or separate operation by the City Council of the City of St. John.

4.

Frequency of collection and removal. Collection and removal of refuse by the City Refuse Collector shall be made as prescribed by the franchise/contract between the City and its Refuse Collector and such collections shall be made on the days designated by the City. Collections and removal of refuse by private, licensed collectors shall be made as often as deemed necessary by the City to prevent development on the premises concerned of conditions which tend to create a sanitary nuisance or a hazard to the public health, welfare and safety. No collections shall be made from any types of premises (households or businesses) before 6:00 A.M. or after 4:00 P.M. unless


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previously approved by the City. No collections shall be made from any types of premises (households or businesses) on Sunday unless previously approved by the City.

B.

5.

Equipment. All refuse, including garbage, shall be collected and removed in vehicles with solid metal bodies or liners and which have leakproof bottoms and sides. Open top vehicles shall be permitted only during a specified period with written permission granted by the City Manager. All vehicles and other equipment used in these operations shall be kept at all times in a clean, sanitary safe condition and in good repair by the operator. All vehicles and other equipment used in these operations shall be subject to the approval and periodic inspections by the Police Chief.

6.

Personnel. The City Refuse Collector shall conduct his operations with personnel who are capable of operating the required equipment in a safe, efficient and satisfactory manner. They must by courteous, neat and clean at all times.

Final Disposition of Refuse. 1.

Illegal methods and sites. It shall be unlawful for any person or collector to dispose of refuse on his premises or on any other place within or beyond the City or County, or in any other manner, than as prescribed by this Chapter.

2.

Legal methods and sites. The method or methods and the site or sites which the City Refuse Collector proposes to use or uses for the final disposition of refuse collected in this City shall be subject to the approval of the City Council of the City of St. John and shall be in full conformity with the provisions of this Chapter and the Statutes of the Federal or State Government and the ordinances, rules and regulations which have been or may be enacted hereafter by this City, the County of St. Louis or other counties, cities, towns, or villages which may be affected by the refuse disposal operations of this City.

Section 230.080. Contract Required. [CC §19.08; Ord. No. 25, 10-7-1974] Until such time when the City deems it necessary and feasible to organize and operate its own Refuse Disposal Department, the City shall provide these services to the extent prescribed in this Chapter by entering into a contract with a person, partnership or corporation well-qualified and experienced in refuse disposal operations and whose bid is the lowest or, in the opinion of the City Council, the best bid in the interest of the City.

Section 230.090. Requirements for Bids — Procedures. [CC §19.09; Ord. No. 25, 10-7-1974; Ord. No. 249, 11-4-1985] A.

City Purchasing Agent to Advertise Work and Solicit Bids. The City Clerk shall give public notice of and solicit bids for any work done by contract under the provisions of this Chapter. Such notice shall be published at least once per week for two (2) consecutive weeks in at least one (1) weekly or daily newspaper which has general distribution in this City. The last publication shall be made not less than ten (10) days prior to the date designated for the opening and reading of bids.

B.

Form and Contents of Bids. 1.

All bids shall be made on a standard form prescribed by the respective bidder and shall be submitted in sealed envelopes to the City Clerk prior to the time limit for the filing of bids specified in the Notice to Bidders. In case the bid form calls for alternate proposal for more than one (1) type or time period of refuse disposal service, the bidder may elect to bid on any one (1)


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or all types and periods of service or on any combination thereof. 2.

Statement concerning bidder's ability and experience. Each bidder shall submit as a part of his bid or bids a written statement on the following points: a.

The make, model, age, condition and the number of vehicles and other equipment which will be used in the work.

b.

The number of employees who will render these services.

c.

The proposed plan of operation including the methods and site of disposal.

d.

Financial status and bank references.

e.

Previous experience in refuse disposal operations and list of contracts now or in the past held.

f.

Name of surety company which has agreed to underwrite the bidder's performance bond.

g.

List of all policies of Worker's Compensation insurance and liability insurance for injury, death, and property damage stating the names of the underwriters, amount and period of coverage.

3.

Identification of bidder. Below the bidder's signature on the bid form, he shall state that, in the making of the bid or bids, the bidder is acting as an individual or in behalf of a partnership or a corporation. In case the bid or bids are made by a partnership or corporation, the bidder shall state the names and addresses of the members of the partnership or the officers of the corporation.

4.

Deposit by bidder guaranteeing acceptance and execution of contract if preferred. Each bidder shall submit, as a part of his bid or bids, either a cash deposit, a cashier's check, or a certified check on some bank or trust company in the City or County of St. Louis payable to the City of St. John in the sum of not less than one thousand dollars ($1,000.00) as a guarantee that if the bidder is awarded the contract to the City, he will execute and return the preferred contract to the City Clerk within ten (10) days of the date of the award. In lieu of the deposit described above, the City Council may require or authorize bidders to submit with their bids a bid bond for not less than twenty-four thousand dollars ($24,000.00) with sureties approved by the City Council guaranteeing that, if the bidder is awarded the contract, the surety concerned will underwrite the prescribed performance bond and that the bidder will execute the contract and will return it and the performance bond to the City Clerk within ten (10) days after the award of the contract by the City.

C.

Opening of Bids. All sealed bids shall be opened by the City Manager and submitted to the Bid Review Committee, which shall thereafter make its recommendation to the Council.

D.

Selection of Successful Bidder and Award of Contract. As soon as practicable after the opening and reading of all sealed bids the City Council shall determine which is the lowest or best bid for the interest of the City and shall then award the contract or contracts for the collection, removal and final disposition of garbage and rubbish to the lowest or best bidder or bidders.

E.

Rejection of Bids. The City reserves the right to reject any or all bids or to waive any informalities in the received bid or bids. If no bids are received or all bids are rejected, the City may obtain new bids and may proceed to let the contract or contracts as if no previous bids had been sought or received.

Section 230.100. Form and Contents of Contract. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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[CC §19.10; Ord. No. 25, 10-7-1974] All contracts for refuse disposal services in behalf of the City shall be executed on a standard form prescribed by the City Council and in the manner and in accordance with procedures prescribed in this Chapter. The contract shall specify, directly or by reference to the pertinent provisions of this Chapter, the time period of the contract the sum to be paid by the City to the contractor for his services, the method of payment, the respective duties and obligations of the contractor and the City during the term of the contract, and the various penalties which the City may invoke against the contractor for non-compliance with their terms of the contract, the provisions of this Chapter and all the laws pertaining to refuse disposal operations which are now in effect or may hereafter be enacted.

Section 230.110. Contract Requirement for Insurance and Performance Bond. [CC §19.11; Ord. No. 25, 10-7-1974] A.

B.

Insurance. The contractor or contractors shall obtain and keep in force, at his expense during the life of the contract, the following types of insurance in some insurance company approved by the City Council, to-wit: 1.

Worker's Compensation Insurance as prescribed by the Statutes of the State of Missouri, and

2.

A policy of liability insurance on each vehicle used in the refuse disposal operations covered by the contract, indemnifying both the contractor and the City against damage suits in amounts to be periodically fixed by the City Council, but not less than $100,000.00/$300,000.00 in case of personal injury or death and twenty-five thousand dollars ($25,000.00) in case of property damage.

Performance Bond. The contractor or contractors shall post a performance bond in the sum equivalent to one-third (⅓) of the yearly contract price with sureties approved by the City Council indemnifying the City against the contractor's failure or inability to comply with the terms of the contract or the provisions of this Chapter.

Section 230.120. Transfer of Contract Restricted. [CC §19.12; Ord. No. 25, 10-7-1974] The contractor shall not assign or transfer his contract or sublet any of the work embraced in it without the written permission of the City Council.

Section 230.130. Other Contract Provisions. [CC §19.13; Ord. No. 25, 10-7-1974] In addition to the stipulations enumerated herein, all contracts shall contain such other provisions not inconsistent with this Chapter as shall, in the judgment of the officers of the City, best protect the interests of the City.

Section 230.140. Execution of Contract and Performance Bond. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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[CC §19.14; Ord. No. 25, 10-7-1974] After the contract or contracts have been awarded by the City, the successful bidder or bidders shall promptly execute the contract on the prescribed form and shall return it and the required performance bond within ten (10) days after being awarded the contract.

Section 230.150. Disposition of Deposits of Bidders Guaranteeing Execution of Contract and Posting of Performance Bond. [CC §19.15; Ord. No. 25, 10-7-1974] Upon the acceptance by the City of the contract and the performance bond of the successful bidder or bidders, the checks of all bidders on deposit with the City shall be returned to them promptly by the City Clerk, provided however, that if the bidder or bidders to whom the City has awarded a contract fail to execute said contract or the prescribed performance bond and to return them to the City Clerk within ten (10) days of the award of the contract by the City, the deposit of the bidder or bidders concerned shall be retained by the City as liquidated damages or, in the event that a bid bond has been provided in lieu of the cash deposit, the sureties named in said bond shall be liable to the City for liquidated damages in the amount of one thousand dollars ($1,000.00). In such an event, the deposits of all the other bidders shall be held until the next lowest or best bidder have been awarded the contract or contracts and have executed it and the performance bond and have returned them to the City Clerk.

Section 230.160. Methods of Payment. [CC §19.16; Ord. No. 25, 10-7-1974] In consideration of the satisfactory and full performance of all provisions of the contract, the City shall pay the contractor the sum stipulated in the contract as full compensation for the services rendered by means of equal monthly installments payable on the last day of each month.

Section 230.170. Penalties. [CC §19.17; Ord. No. 25, 10-7-1974; Ord. No. 151, 9-17-1979] A.

For Violations by Persons Served. The violation of any provision of this Chapter by householders, business establishments, multiple-family, trailer parks, or public or private institutions shall be deemed a misdemeanor, and each and every day of such violation shall constitute a separate offense.

B.

For Violations by Contractor. 1.

For failure to empty a container on collection day. In the event the contractor fails on a collection day to empty a container which a householder or other person entitled to refuse disposal service at City expense has placed at the designated collection point on his premises and which contains refuse eligible for collection at City expense, the contractor shall forfeit to the City for each container whose contents have not been removed by the contractor the sum of five dollars ($5.00).

2.

For other violations. Whenever the contractor fails to comply with a provision of this Chapter or his contract with the City, unless otherwise specified in the contract with the City, he shall forfeit the sum of 1/306 of the yearly contract price per day as liquidated damages to the City for each


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and every day of such non-compliance, and said forfeited amounts shall be deducted out of any sum of money that may be due or shall become due to the contractor under his agreement with the City. 3.

Cancellation of contracts. In the event the contractor violates any of the provisions of the contract, the City, at its option, may cancel and rescind the contract without notice.

Section 230.180. Penalty Clause. [CC §19.20; Ord. No. 480 §2, 1-3-1994; Ord. No. 1014 §1, 7-15-2013] Any person violating any provisions of this Chapter shall, upon conviction, be subject to punishment not to exceed one thousand dollars ($1,000.00), or imprisonment for ninety (90) days, or by both such fine and imprisonment.

Chapter 235. Rat Control Section 235.010. Definitions. [CC §18.250; Ord. No. 25, 10-7-1974] The following words when used in this Chapter shall have the meanings set out herein: AGENT Any individual, firm, partnership or corporation which acts for the owner in the collection of rents, the making of repairs, the commencement or termination of tenancies, or as janitor or other person in charge of any building premises or vacant lot. BUILDING Any structure, whether public or private that is adopted or intended for occupancy for dwelling purposes, for the transaction of business, for the rendering of a professional service, for amusement, for the display, sale or storage of goods, wares or merchandise, or for the performance of work or labor, including rooming houses, office buildings, public buildings, stores, theaters, markets, restaurants, warehouses, workshops, factories and all other houses, sheds, barns and other structures. CODE ENFORCEMENT OFFICER The Code Enforcement Officer of the City, or his authorized representative. OCCUPANT The individual, firm, partnership or corporation that has the use of, control, or occupies any building, or any portion thereof, whether owner or tenant. In the case of a vacant building, or any vacant portion of a building, or in the case of a building having five (5) or more families with common rights to a cellar or basement, the owner or agent shall have the responsibilities for the occupant of a building. OWNER Any person who, alone, jointly or severally with others, shall be in actual possession of, or having charge, care or control of any building, premises, or vacant lot within the City as owner whether individual, firm, partnership or corporation, or as trustee or guardian of the estate of person of the title holder. RAT-HARBORAGE Any condition which may provide shelter or protection for rats, thus favoring their multiplication or http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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existence. RAT STOPPAGE A form of rat proofing to prevent the ingress of rats into buildings from the exterior or from one (1) building to another. It consists essentially of the closing of all openings in the exterior walls, ground or first floors, basements, roofs, and foundations that may be reached by rats from the ground by reaching, climbing, jumping, or burrowing with material or equipment impervious to rat-gnawing and in accordance with specifications promulgated by the Code Enforcement Officer.

Section 235.020. Enforcement. [CC §18.260; Ord. No. 25, 10-7-1974] A.

All buildings and structures shall be rat-stopped, freed of rats and maintained in a rat-stopped and ratfree condition.

B.

It shall be the duty of the Code Enforcement Officer to enforce the provisions of this Chapter and to supervise the enforcement thereof by the Rat Control Section.

C.

The Code Enforcement Officer is hereby empowered to make such inspection of the interior of any building, structure or any premises or vacant lot as in his opinion may be necessary to determine full compliance with this Chapter, and the Code Enforcement Officer shall make a periodic inspection at intervals of not more than six (6) months of all rat-stopped businesses or buildings, apartment houses and tenement houses to determine evidence of rat infestation and the existence of new breaks or leaks in the rat-stoppage, and when any evidence is found indicating the presence of rats or opening through which rats may again enter such buildings, the Code Enforcement Officer shall serve the owner, occupant or agent with written notice to abate the conditions found.

Section 235.030. Permitting Rat Infestation. [CC §18.270; Ord. No. 25, 10-7-1974] No owner, agent or occupant shall permit or allow any building to be infested with rats or shall permit or allow any condition to exist in or around such building or on any premises or any vacant lot which may be conducive to rat-infestation.

Section 235.040. Notice to Owner or Agent. [CC §18.280; Ord. No. 25, 10-7-1974] Upon the receipt of written notice from the Code Enforcement Officer, the owner or agent of any building specified therein shall take immediate measures for rat-stoppage of such building and for the elimination of rat harborage within such buildings and on the premises, and unless said work has been completed in the time specified in the written notice or any written extension thereof that may be granted by the Code Enforcement Officer, the owner or agent shall be deemed guilty of a misdemeanor.

Section 235.050. Duty of Owner or Agent. [CC §18.290; Ord. No. 25, 10-7-1974] The owner or agent of any rat-stopped building shall maintain it in a rat-stopped condition and repair all http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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breaks or leaks that may occur in the rat-stoppage.

Section 235.060. Removal of Rat Stoppage. [CC §18.300; Ord. No. 25, 10-7-1974] It shall be unlawful for the occupant, owner, contractor, public utility company, plumber, or any other person to remove the rat-stoppage from any building for any purpose and fail to restore the same in a satisfactory condition or to make any new openings that are not closed or sealed against the entrance of rats.

Section 235.070. Duty of Occupants. [CC §18.310; Ord. No. 25, 10-7-1974] A.

Whenever the Code Enforcement Officer notifies in writing the occupant or occupants of any building that there is evidence of rat-infestation of the building, such occupant or occupants shall take immediate and effective measures for freeing the premises so occupied of all rats.

B.

The failure of any occupant to take effective measures for freeing his portion of the building or premises of rats after receiving the notice described in this Chapter shall constitute a misdemeanor.

C.

The occupant or occupants of a building shall maintain the building and premises in a rat-free condition.

Section 235.080. Dumping Waste Unlawful. [CC §18.330; Ord. No. 25, 10-7-1974] It shall be unlawful for any person, firm, partnership or corporation to dump or place on any premises, land, or waterway any dead animals or any waste, vegetable or animal matter, of any kind.

Section 235.090. Accumulation of Garbage, Etc. Unlawful. [CC §18.340; Ord. No. 25, 10-7-1974] It shall be unlawful for any person, firm, partnership or corporation to place, leave, dump or permit to accumulate any garbage or rubbish in any building or premises, or on any vacant lot, so that the same may afford food or harborage for rats.

Section 235.100. Storage of Salvageable Materials. [CC §18.350; Ord. No. 25, 10-7-1974; Ord. No. 982 §1, 5-21-2012] It shall be unlawful for any person, firm, partnership or corporation to accumulate or to permit the accumulation on any premises or on any open lot of any lumber, boxes, barrels, bricks, stones, or similar materials that may be permitted to remain thereon and which may afford harborage of rats, unless the same shall be evenly piled or stacked either on open racks that are elevated not less than twelve (12) inches above the ground. All salvageable materials must be removed within thirty (30) days unless there is a building permit in effect. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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Section 235.110. Storage of Tires. [CC §18.355; Ord. No. 363 §1, 5-15-1989; Ord. No. 496 §1, 8-1-1994; Ord. No. 983 §§1 — 2, 5-21-2012] No person, firm, partnership or corporation shall store one (1) or more tire(s) outside of a building located on any premises within the City of St. John.

Section 235.120. Storage of Animal Food. [CC §18.360; Ord. No. 25, 10-7-1974] All food and feed kept within the City for feeding animals shall be kept and stored in a rat-free and rat-proof container, compartment, or room, unless kept in a rat-stopped building.

Section 235.130. Raising Certain Animals Prohibited. [CC §18.370; Ord. No. 25, 10-7-1974] The raising or keeping of cattle, horses, sheep, ponies, goats, poultry, fowl or any type of livestock within the corporate limits of the City of St. John is hereby declared to be a public nuisance and is prohibited.

Section 235.140. Accumulation or Deposit of Junk Prohibited. [CC §18.390; Ord. No. 307, 8-17-1987; Ord. No. 361 §1, 4-17-1989] All property within the City of St. John shall be maintained in a sanitary manner, ever mindful of the public health and safety. To that end, it shall be unlawful to permit or maintain property where there is an accumulation or deposit or any vehicular and/or equipment parts, inoperable appliances, junk or material of any nature, where said accumulation or deposit upon open ground would constitute an attractive nuisance danger to children and/or a possible breeding ground for vermin, rodents and other animals.

Chapter 240. Park Regulations Section 240.010. Areas Designated. [CC §14.01; Ord. No. 25, 10-7-1974; Ord. No. 394 §1, 11-5-1990; Ord. No. 400 §1, 2-4-1991] The following areas are designated as Public Park Areas within the corporate limits of the City of St. John as follows: Endicott County Park, an area of the east side of Endicott Avenue running approximately from Hume Avenue to Ramona Avenue. Home Heights Park, an area located on the Northeast corner of Hume and McKibbon Road. St. John City Park, an area located on the Northwest corner of St. Louis Avenue and Brown Road. Reed Park, an area located on the Northeast corner of North and Edmundson Avenues.

Section 240.020. Closing Hours of Public Park Areas. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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[CC §14.03; Ord. No. 196, 10-19-1981] All public park areas shall be closed from thirty (30) minutes after sunset until thirty (30) minutes before sunrise the following day.

Section 240.030. Vehicles in Park. [CC §14.04; Ord. No. 183, 4-6-1981] It shall be unlawful for any person to ride a bicycle, motorcycle, go-cart, automobile or any type of motorized vehicle, except for authorized vehicles, in any park within the City of St. John. Automobiles and motorcycles shall be permitted to use the parking areas and driveways thereto, and bicycles shall be permitted to be placed in storage racks within the parks.

Section 240.040. Prohibition of Dogs — Home Heights Park. [CC §14.05; Ord. No. 394 §§2 — 3, 11-5-1990] A.

It shall be unlawful for any person owning, keeping, or harboring any dog to permit, suffer or allow said dog, whether physically restrained or otherwise, to be on park property in Home Heights Park. This prohibition applies to Home Heights Park only and is not intended to exclude dogs which are properly restrained by a chain or leash from other City parks.

B.

Any person convicted of violating this Section shall be punished by a fine of not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00). Any dog found loose in the park without its owner present shall be picked up by the Code Enforcement Officer of the City of St. John and transported to the shelter or other City designated place of impoundment. The owner of the dog would be responsible for any impoundment charges as well as the fine imposed by the Municipal Judge.

Traffic Code Chapter 300. General Provisions Section 300.010. Model Traffic Code — Adoption. Chapter 300, RSMo., consisting of Sections 300.010 through 300.600, commonly known as the "Model Traffic Ordinance" is hereby adopted as and for the traffic ordinance of this City, as amended and set out herein.

Section 300.020. Definitions. The following words and phrases when used in this Title mean: ALLEY OR ALLEYWAY Any street with a roadway of less than twenty (20) feet in width; ALL-TERRAIN VEHICLE http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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Any motorized vehicle manufactured and used exclusively for off-highway use which is fifty (50) inches or less in width, with an unladen dry weight of six hundred (600) pounds or less, traveling on three (3), four (4) or more low pressure tires, with a seat designed to be straddled by the operator, and handlebars for steering control; AUTHORIZED EMERGENCY VEHICLE A vehicle publicly owned and operated as an ambulance, or a vehicle publicly owned and operated by the State Highway Patrol, Police, or Fire Department, Sheriff, Constable or Deputy Sheriff, Traffic Officer, or any privately owned vehicle operated as an ambulance when responding to emergency calls; BUSINESS DISTRICT The territory contiguous to and including a highway when within any six hundred (600) feet along the highway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks, or office buildings, railroad stations and public buildings which occupy at least three hundred (300) feet of frontage on one (1) side or three hundred (300) feet collectively on both sides of the highway; CENTRAL BUSINESS (OR TRAFFIC) DISTRICT All streets and portions of streets within the area described by City ordinance as such; COMMERCIAL VEHICLE Every vehicle designed, maintained, or used primarily for the transportation of property; CONTROLLED ACCESS HIGHWAY Every highway, street or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over the highway, street or roadway; CROSSWALK 1.

That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs, or in the absence of curbs from the edges of the traversable roadway;

2.

Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface;

CURB LOADING ZONE A space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials; DRIVER Every person who drives or is in actual physical control of a vehicle; FREIGHT CURB LOADING ZONE A space adjacent to a curb for the exclusive use of vehicles during the loading or unloading of freight (or passengers); HIGHWAY The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel; INTERSECTION 1.

The area embraced within the prolongation or connection of the lateral curb lines, or, if none,


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then the lateral boundary lines of the roadways of two (2) highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict; 2.

Where a highway includes two (2) roadways thirty (30) feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two (2) roadways thirty (30) feet or more apart, then every crossing of two (2) roadways of such highways shall be regarded as a separate intersection;

LANED ROADWAY A roadway which is divided into two (2) or more clearly marked lanes for vehicular traffic; MOTOR VEHICLE Any self-propelled vehicle not operated exclusively upon tracks, except farm tractors and motorized bicycles; MOTORCYCLE Every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground, but excluding a tractor; MOTORIZED BICYCLE Any two (2) wheeled or three (3) wheeled device having an automatic transmission and a motor with a cylinder capacity of not more than fifty (50) cubic centimeters, which produces less than three (3) gross brake horsepower, and is capable of propelling the device at a maximum speed of not more than thirty (30) miles per hour on level ground; OFFICIAL TIME STANDARD Whenever certain hours are named herein they shall mean standard time or daylight-saving time as may be in current use in the City. OFFICIAL TRAFFIC CONTROL DEVICES All signs, signals, markings and devices not inconsistent with this Title placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic; PARK OR PARKING The standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers; PASSENGER CURB LOADING ZONE A place adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers; PEDESTRIAN Any person afoot; PERSON Every natural person, firm, co-partnership, association or corporation; POLICE OFFICER Every Officer of the Municipal Police Department or any Officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations; PRIVATE ROAD OR DRIVEWAY Every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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RAILROAD A carrier of persons or property upon cars, other than streetcars, operated upon stationary rails; RAILROAD TRAIN A steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails, except streetcars; RESIDENCE DISTRICT The territory contiguous to and including a highway not comprising a business district when the property on such highway for a distance of three hundred (300) feet or more is in the main improved with residences or residences and buildings in use for business; RIGHT-OF-WAY The right of one (1) vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed and proximity as to give rise to danger of collision unless one grants precedence to the other; ROADWAY That portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two (2) or more separate roadways the term ROADWAY as used herein shall refer to any such roadway separately but not to all such roadways collectively; SAFETY ZONE The area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone; SIDEWALK That portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for use of pedestrians; STAND OR STANDING The halting of a vehicle, whether occupied or not, otherwise than for the purpose of and while actually engaged in receiving or discharging passengers; STOP When required, complete cessation from movement; STOP OR STOPPING When prohibited, any halting even momentarily of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a Police Officer or traffic control sign or signal; 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. THROUGH HIGHWAY Every highway or portion thereof on which vehicular traffic is given preferential right-of-way, and at the entrances to which vehicular traffic from intersecting highways is required by law to yield right-of-way to vehicles on such through highway in obedience to either a stop sign or a yield sign, when such signs are erected as provided in this Title; TRAFFIC http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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Pedestrians, ridden or herded animals, vehicles, streetcars and other conveyances either singly or together while using any highway for purposes of travel; TRAFFIC CONTROL SIGNAL Any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to proceed; TRAFFIC DIVISION The Traffic Division of the Police Department of the City, or in the event a Traffic Division is not established, then said term whenever used herein shall be deemed to refer to the Police Department of the City; VEHICLE Any mechanical device on wheels, designed primarily for use, or used, on highways, except motorized bicycles, vehicles propelled or drawn by horses or human power, or vehicles used exclusively on fixed rails or tracks, cotton trailers or motorized wheelchairs operated by handicapped persons.

Section 300.030. General Penalty. [CC §32.124; Ord. No. 160, 2-4-1980; Ord. No. 1014 §1, 7-15-2013] Any person violating any Section of this Title shall be subject to a fine upon conviction of not less than one dollar ($1.00), nor more than one thousand dollars ($1,000.00) or imprisonment of ninety (90) days, or by both such fine and imprisonment.

Chapter 305. Enforcement and Obedience to Traffic Regulations Section 305.010. Authority of Police and Fire Department Officials. [CC §32.001; Ord. No. 160, 2-4-1980] A.

It shall be the duty of the Officers of the Police Department or such Officers as are assigned by the Chief of Police to enforce all street traffic laws of the City and all of the State vehicle laws applicable to street traffic in the City.

B.

Officers of the Police Department or such Officers as are assigned by the Chief of Police are hereby authorized to direct all traffic by voice, hand, or signal in conformity with traffic laws; provided that, in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, Officers of the Police Department may direct traffic as conditions may require notwithstanding the provisions of the traffic laws.

C.

Officers of the Fire Department, when at the scene of a fire, may direct or assist the Police in directing traffic thereof or in the immediate vicinity.

Section 305.020. Obedience to Police and Fire Department Officials. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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[CC §32.002; Ord. No. 160, 2-4-1980] No person shall willfully fail or refuse to comply with any lawful order or direction of a Police Officer or Fire Department Official.

Section 305.030. Persons Propelling Push Carts or Riding Animals to Obey Traffic Regulations. [CC §32.003; Ord. No. 160, 2-4-1980] Every person propelling any push cart or riding an animal upon a roadway, and every person driving any animal-drawn vehicle, shall be subject to the provisions of this Title applicable to the driver of any vehicle, except those provisions of this Title which by their very nature can have no application.


Editor's Note-Ord. no. 709 §4, adopted August 9, 2001, repealed §305.040: use of coasters, roller skates and similar devices restricted, in its entirety. Former §305.040 derived from cc §32.004; ord. no. 160, 2-4-80; and ord. no. 332, 5-16-88.

Section 305.050. Public Employees to Obey Traffic Regulations. [CC §32.005; Ord. No. 160, 2-4-1980] The provisions of this Title shall apply to the driver of any vehicle owned by or used in the service of the United States Government, this State, County, or City and it shall be unlawful for any said driver to violate any of the provisions of this Title, except as otherwise permitted in this Title.

Section 305.060. Authorized Emergency Vehicles. [CC §32.006; Ord. No. 160, 2-4-1980] A.

The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or when responding to, but not upon returning from, a fire alarm, may exercise the privileges set forth in this Section, but subject to the conditions herein stated.

B.

The driver of an authorized emergency vehicle may:

C.

1.

Park or stand, irrespective of the provisions of this Title;

2.

Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation;

3.

Exceed the maximum speed limits so long as he does not endanger life or property;

4.

Disregard regulations governing direction of movement or turning in specified directions.

The exemptions herein granted to an authorized emergency vehicle shall apply only when the driver of


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any said vehicle while in motion sounds audible signal by bell, siren, or exhaust whistle as may be reasonably necessary, and when the vehicle is equipped with at least one (1) lighted lamp displaying a red light visible under normal atmospheric conditions from a distance of five hundred (500) feet to the front of such vehicle. D.

The foregoing provisions shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of his reckless disregard for the safety of others.

Section 305.070. Operation of Vehicles on Approach of Authorized Emergency Vehicles. [CC §32.007; Ord. No. 160, 2-4-1980] A.

Upon the immediate approach of an authorized emergency vehicle making use of audible and visual signals meeting the requirements of the laws of this State, or of a Police vehicle properly and lawfully making use of an audible signal only: The driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a Police Officer;

B.

This Section shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway.

Section 305.075. Approaching Stationary Emergency Vehicle. [Ord. No. 859 §1, 6-19-2006] A.

Upon approaching a stationary emergency vehicle displaying lighted red or red and blue lights, the driver of every motor vehicle shall: 1.

Proceed with caution and yield the right-of-way, if possible with due regard to safety and traffic conditions, by making a lane change into a lane not adjacent to that of the stationary vehicle, if on a roadway having at least four (4) lanes with not less than two (2) lanes proceeding in the same direction as the approaching vehicle; or

2.

Proceed with due caution and reduce the speed of the vehicle, maintaining a safe speed for road conditions, if changing lanes would be unsafe or impossible.

Section 305.080. Leaving the Scene of a Motor Vehicle Accident. A.

A person commits the offense of leaving the scene of a motor vehicle accident when being the operator or driver of a vehicle on the highway or on any publicly or privately owned parking lot or parking facility generally open for use by the public and knowing that an injury has been caused to a person or damage has been caused to property, due to his culpability or to accident, he leaves the place of the injury, damage or accident without stopping and giving his name, residence, including city


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and street number, motor vehicle number and driver's license number, if any, to the injured party or to a Police Officer, or if no Police Officer is in the vicinity, then to the nearest police station or judicial officer. B.

For the purposes of this Section, all Peace Officers shall have jurisdiction, when invited by an injured person, to enter the premises of any privately owned parking lot or parking facility for the purpose of investigating an accident and performing all necessary duties regarding such accident.

Section 305.090. Immediate Notice of Accident. The driver of a vehicle involved in an accident resulting in injury to or death of any person or total property damage to an apparent extent of five hundred dollars ($500.00) or more to one (1) person shall immediately by the quickest means of communication give notice of such accident to the Police Department if such accident occurs within the City.

Section 305.100. Written Report of Accident. The driver of a vehicle which is in any manner involved in an accident resulting in bodily injury to or death of any person or total property damage to an apparent extent of five hundred dollars ($500.00) or more to one (1) person shall, within five (5) days after such accident, forward a written report of such accident to the Police Department. The provisions of this Section shall not be applicable when the accident has been investigated at the scene by a Police Officer while such driver was present thereat.

Section 305.110. When Driver Unable to Report. [CC §32.010; Ord. No. 160, 2-4-1980] A.

Whenever the driver of a vehicle is physically incapable of giving immediate notice of an accident as required Section 305.090 and there was another occupant in the vehicle at the time of the accident capable of doing so, such occupant shall give, or cause to be given, the notice not given by the driver.

B.

Whenever the driver is physically incapable of making a written report of an accident as required by Section 305.100 and such driver is not the owner of the vehicle, then the owner of the vehicle involved in such accident shall within five (5) days after the accident make such report not made by the driver.

Section 305.120. Public Inspection of Reports Relating to Accidents. [CC §32.011; Ord. No. 160, 2-4-1980] A.

All written reports made by persons involved in accidents or by garages shall be without prejudice to the individual so reporting and shall be for the confidential use of the Police Department or other Governmental Agencies having use for the records for accident prevention purposes, except that the Police Department or other Governmental Agency may disclose the identity of a person involved in an accident when such identity is not otherwise known or when such person denies his presence at such accident.

B.

No written reports forwarded under the provisions of this Section shall be used as evidence in any trial,


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civil or criminal arising out of an accident except that the Police Department shall furnish upon demand of any party to such trial, or upon demand of any court, a certificate showing that a specified accident report has or has not been made to the Department in compliance with law, and if such report has been made, the date, time and location of the accident, the names and addresses of the drivers, the owners of the vehicles involved, and the investigating Officers.

Chapter 310. Traffic Control Devices Section 310.010. Authority to Install Traffic Control Devices. [CC §32.012; Ord. No. 160, 2-4-1980] The City Manager or his designated representative shall place and maintain traffic control signs, signals, and devices when and as required under the traffic ordinances of the City to make effective the provisions of said ordinances, and may place and maintain such additional traffic control devices as he may deem necessary to regulate traffic under the traffic ordinances of the City or under State law or to guide or warn traffic.

Section 310.020. Manual and Specifications for Traffic Control Devices. [CC §32.013; Ord. No. 160, 2-4-1980] All traffic control signs, signals and devices shall conform to the manual and specifications approved by the State Highways and Transportation Commission or resolution adopted by the City Council. All signs or signals required hereunder for a particular purpose shall so far as practicable be uniform as to type and location throughout the City. All traffic control devices so erected and not inconsistent with the provisions of this Title shall be official traffic control devices.

Section 310.030. Obedience to Traffic Control Devices. [CC §32.014; Ord. No. 160, 2-4-1980] The driver of any vehicle shall obey the instructions of any official traffic control device applicable thereto placed in accordance with the provisions of this Title, unless otherwise directed by a traffic or Police Officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this Title.

Section 310.040. When Official Traffic Control Devices Required for Enforcement Purposes. [CC §32.015; Ord. No. 160, 2-4-1980] No provision of this Title for which official traffic control devices are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official device is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular Section does not state that official traffic control devices are required, such Section shall be effective even though no devices are erected or in place. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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Section 310.050. Official Traffic Control Devices — Presumption of Legality. [CC §32.016; Ord. No. 160, 2-4-1980] A.

Whenever official traffic control devices are placed in position approximately conforming to the requirements of this Title, such devices shall be presumed to have been so placed by the official act or direction of lawful authority, unless the contrary shall be established by competent evidence.

B.

Any official traffic control device placed pursuant to the provisions of this Title and purporting to conform to the lawful requirements pertaining to such devices shall be presumed to comply with the requirements of this Title, unless the contrary shall be established by competent evidence.

Section 310.060. Traffic Control Signal Legend — Right Turn on Red Light, When. [CC §32.017; Ord. No. 160, 2-4-1980] A.

Whenever traffic is controlled by traffic control signals exhibiting different colored lights, or colored lighted arrows, successively one at a time or in combination, only the colors green, red and yellow shall be used except for special pedestrian signals carrying a word legend, and said lights shall indicate and apply to drivers of vehicles and pedestrians as follows: 1.

2.

3.

Green indication. a.

Vehicular traffic facing a circular green signal may proceed straight through or turn right or left unless a sign at such place prohibits either such turn. But vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited.

b.

Vehicular traffic facing a green arrow signal, shown alone or in combination with another indication, may cautiously enter the intersection only to make the movement indicated by such arrow, or such other movement as is permitted by other indications shown at the same time. Such vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection;

c.

Unless otherwise directed by a pedestrian control signal as provided in Section 310.070, pedestrians facing any green signal, except when the sole green signal is a turn arrow, may proceed across the roadway within any marked or unmarked crosswalk.

Steady yellow indication. a.

Vehicular traffic facing a steady yellow signal is thereby warned that the related green movement is being terminated or that a red indication will be exhibited immediately thereafter when vehicular traffic shall not enter the intersection.

b.

Pedestrians facing a steady yellow signal, unless otherwise directed by a pedestrian control signal as provided in Section 310.070 are thereby advised that there is insufficient time to cross the roadway before a red indication is shown and no pedestrian shall then start to cross the roadway.

Steady red indication.


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4.

a.

Vehicular traffic facing a steady red signal alone shall stop before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall remain standing until a green indication is shown except as provided in Paragraph (b) of this Subsection;

b.

The driver of a vehicle which is stopped as close as practicable at the entrance to the crosswalk on the near side of the intersection or, if none, than at the entrance to the intersection in obedience to a red signal, may cautiously enter the intersection to make a right turn but shall yield the right-of-way to pedestrians and other traffic proceeding as directed by the signal at the intersection, except that the State Highways and Transportation Commission with reference to an intersection involving a State highway, and local authorities with reference to an intersection involving other highways under their juris-diction, may prohibit any such right turn against a red signal at any intersection where safety conditions so require, said prohibition shall be effective when a sign is erected at such intersection giving notice thereof;

c.

Unless otherwise directed by a pedestrian control signal as provided in Section 310.070, pedestrians facing a steady red signal alone shall not enter the roadway.

In the event an official traffic control signal is erected and maintained at a place other than an intersection, the provisions of this Section shall be applicable except as to those provisions which by their nature can have no application. Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of any such sign or marking the stop shall be made at the signal.

Section 310.070. Pedestrian Control Signals. [CC §32.018; Ord. No. 160, 2-4-1980] A.

Whenever special pedestrian control signals exhibiting the words "Walk" or "Don't Walk" are in place such signals shall indicate as follows: 1.

"WALK": Pedestrians facing such signal may proceed across the roadway in the direction of the signal and shall be given the right-of-way by the drivers of all vehicles;

2.

"WAIT" or "DON'T WALK": No pedestrian shall start to cross the roadway in the direction of such signal, but any pedestrian who has partially completed his crossing on the walk signal shall proceed to a sidewalk or safety zone while the wait signal is showing.

Section 310.080. Flashing Signals. [CC §32.019; Ord. No. 160, 2-4-1980] A.

Whenever an illuminated flashing red or yellow signal is used in a traffic sign or signal it shall require obedience by vehicular traffic as follows: 1.

Flashing red (stop signal). When a red lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop before entering the nearest crosswalk at an intersection or at a limit line when marked, or if none, then before entering the intersection, and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign;

2.

Flashing yellow (caution signal). When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past such signal only with caution.


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Section 310.090. Lane Direction Control Signals. [CC §32.020; Ord. No. 160, 2-4-1980] When lane direction control signals are placed over the individual lanes of a street or highway, vehicular traffic may travel in any lane over which a green signal is shown, but shall not enter or travel in any lane over which a red signal is shown.

Section 310.100. Display of Unauthorized Signs, Signals or Markings. [CC §32.021; Ord. No. 160, 2-4-1980] No person shall place, maintain or display upon or in view of any highway an unauthorized sign, signal, marking or device which purports to be or is an imitation of or resembles an official traffic control device or railroad sign or signal, or which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of any official traffic control device or any railroad sign or signal.

Section 310.110. Interference With Official Traffic Control Devices or Railroad Signs or Signals. [CC §32.022; Ord. No. 160, 2-4-1980] No person shall, without lawful authority, attempt to or, in fact alter, deface, injure, knock down or remove any official traffic control device or any railroad sign or signal or any inscription, shield or insignia thereon, or any other part thereof.

Section 310.120. Authority to Establish Play Streets. [CC §32.023; Ord. No. 160, 2-4-1980] The City Manager shall have authority to declare any street or part thereof a play street and to place appropriate signs or devices in the roadway indicating and helping to protect the same.

Section 310.130. Play Streets. [CC §32.024; Ord. No. 160, 2-4-1980] Whenever authorized signs are erected indicating any street or part thereof as a play street, no person shall drive a vehicle upon any such street or portion thereof except drivers of vehicles having business or whose residences are within such closed area, and then any said driver shall exercise the greatest care in driving upon any such street or portion thereof.

Section 310.140. City Manager to Designate Crosswalks and Establish Safety Zones. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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[CC §32.025; Ord. No. 160, 2-4-1980] A.

The City Manager is hereby authorized: 1.

To designate and maintain, by appropriate devices, marks, or lines upon the surface of the roadway, crosswalks at intersections where in his opinion there is particular danger to pedestrians crossing the roadway, and at such other places as he may deem necessary;

2.

To establish safety zones of such kind and character and at such places as he may deem necessary for the protection of pedestrians.

Section 310.150. Traffic Lanes. [CC §32.026; Ord. No. 160, 2-4-1980] A.

The City Manager is hereby authorized to mark traffic lanes upon the roadway of any street or highway where a regular alignment of traffic is necessary.

B.

Where such traffic lanes have been marked, it shall be unlawful for the operator of any vehicle to fail or refuse to keep such vehicle within the boundaries of any such lane except when lawfully passing another vehicle or preparatory to making a lawful turning movement.

Section 310.160. Violation of Public Safety at Intersections and the Automated Enforcement of Traffic Control Signal Regulations. [Ord. No. 855 §§1 — 6, 5-15-2006] A.

Definitions. The following words when used in this Section shall have the following meanings: AUTOMATED RED LIGHT ENFORCEMENT SYSTEM A system that: 1.

Consists of a camera and vehicle sensor or sensors, installed to work in conjunction with an electrically operated traffic control signal; and

2.

Is capable of producing exactly two (2) high resolution color digital recorded images that show:

3.

a.

The traffic control signal while it is emitting a steady red signal;

b.

The offending vehicle; and

c.

The license plate of the offending vehicle. All three (3) of these elements are required in a single recorded image from the same camera unit which captured each of the two (2) images. One (1) of the images must be of sufficient resolution to clearly show all three (3) elements in either the first (1st) image captured immediately prior to the violation, or in the second (2nd) image captured sequentially after the first (1st) image, and while the vehicle is in the intersection while the traffic signal is emitting a steady red signal.

No recorded images will be taken of the occupants of the vehicle.


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MUNICIPAL COURT The Municipal Court or Associate Circuit Court, as elected by the municipality to hear ordinance violations pursuant to Section 479.040, RSMo. OWNER The owner of a motor vehicle as shown on the motor vehicle registration records of the Missouri Department of Revenue or the analogous department or agency of another State or Country. The term "owner" includes: 1.

A lessee of a motor vehicle under a lease of six (6) months or more; or

2.

The lessee of a motor vehicle rented or leased from a motor vehicle rental or leasing company, but does not include the motor vehicle rental or leasing company itself.

RECORDED IMAGE An image recorded by an Automated Red Light Enforcement System that depicts the rear and side of a motor vehicle and is automatically recorded on a digital image. SYSTEM LOCATION The approach to an intersection toward which an Automated Red Light Enforcement System is directed and in operation. TRAFFIC CONTROL SIGNAL A traffic control device that displays alternating red, amber, and green lights intended to direct traffic when to stop at or proceed through an intersection. B.

Violation Of Public Safety And The Automated Red Light Enforcement System Authorized. A person commits the offense of violation of public safety when such person fails to comply with the rules and regulations when a steady red signal appears at an intersection and the violation is detected through the Automated Red Light Enforcement System, which is authorized for installation and operation within the City for the purpose of enforcing the regulations as provided for herein, except that an offense shall be excused upon submission of a sworn statement that the presence of the motor vehicle in the intersection was justified because: 1.

The traffic control signal was not in proper position and sufficiently legible to an ordinarily observant person;

2.

The operator of the motor vehicle was acting in compliance with the lawful order or direction of a Police Officer;

3.

The operator of the motor vehicle violated the instruction of the traffic control signal in order to yield the right-of-way to an immediately approaching authorized emergency vehicle;

4.

The motor vehicle was being operated as part of a funeral procession pursuant to Section 194.503, RSMo.;

5.

The motor vehicle was being operated as an authorized emergency vehicle as defined and in compliance with Section 304.022, RSMo.;

6.

The motor vehicle was a stolen vehicle and being operated by a person other than the owner without the effective consent of the owner (but this shall not be a justification for such an operator) and the theft was timely reported to the appropriate law enforcement agency;

7.

The license plate and/or tags depicted in the recorded image(s) were stolen and being displayed on a motor vehicle other than the motor vehicle for which they were issued (but this shall not be a justification for the operator of the motor vehicle) and the theft was timely reported to the appropriate law enforcement agency;


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C.

D.

8.

Ownership of the motor vehicle had in fact been transferred prior to the violation (provided State records substantiate this statement);

9.

The motor vehicle was present in the intersection because it was inoperable.

Rebuttable Presumption. If the City proves: 1.

That a motor vehicle was being operated or used;

2.

That the operation or use of the motor vehicle was in violation of this Section; and

3.

That the defendant is the owner of the motor vehicle, then a rebuttable presumption exists that the owner of a motor vehicle operated or used in violation of this Section was the driver of the vehicle at the time and place the violation was captured by a recorded image.

Enforcement Procedures. 1.

The St. John Police Department is responsible for the enforcement and administration of this Section.

2.

Except as otherwise provided for herein, upon review of a recorded image capturing a violation of this Section; a Police Officer of the Department shall complete a violation notice, as described in Missouri Supreme Court Rule 37, and shall have forwarded the completed violation notice to the owner of the motor vehicle, provided however:

3.

4.

a.

Based upon the information obtained from the recorded image, the Police Officers may obtain any additional information about the owner, which is necessary to complete the violation notice, from the records of the Missouri Department of Revenue or any other legal means, or, if the motor vehicle is registered in another State or Country, from the motor vehicle registration records of the department or agency of the other State or Country analogous to the Missouri Department of Revenue or any other legal means.

b.

If there is more than one (1) owner of the motor vehicle, the violation notice will be addressed to the primary owner, or the first (1st) listed owner if there is no primary owner.

Upon the filing of the information or complaint in the Municipal Court, the St. John Police Department shall issue a summons pursuant to Missouri Supreme Court Rules 37.42 through 37.44. Not later than sixty (60) days after the date the violation is alleged to have occurred, the St. John Police Department shall serve the summons on the owner by mailing it together with: a.

A copy of the violation notice;

b.

A copy of the recorded image(s) of the offending vehicle, which forms the basis of the information; and

c.

A copy of the supplemental violation notice, to the owner's last known address by first class mail.

The supplemental violation notice shall contain, at a minimum, the following information: a.

A statement that the recorded image will be submitted as evidence in the Municipal Court proceeding for prosecution of the violation of the applicable section;

b.

A statement that, if at the time of the violation, the motor vehicle was being operated by a person other than the owner of the vehicle or the license plate captured by the recorded image was stolen, the owner may submit information to that effect by affidavit, on a form provided by the City, or under oath at the Municipal Court proceeding. If an owner furnishes satisfactory evidence pursuant to this provision, the St. John Prosecuting Attorney may terminate the prosecution of the citation issued to the owner, and, if appropriate, issue a


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citation to a person clearly identified in the evidence as the operator of the motor vehicle at the time of this violation. 5. E.

A violation notice and summons mailed under this Section is presumed to have been received by the owner on the fifth (5th) day after the date the violation notice is mailed.

Warning Signs. Any Automated Traffic Control System on a street or highway must be identified by appropriate advance warning signs conspicuously posted either at the major entrances to the City or not more than three hundred (300) feet from the location of an Automated Traffic Control System located at an intersection. All advance warning signs shall be approved by the Traffic Division.

Chapter 315. Speed Regulations Section 315.010. State Speed Laws Applicable. [CC §32.027; Ord. No. 160, 2-4-1980] The State traffic laws regulating the speed of vehicles shall be applicable upon all streets within the City, except that the City may by ordinance declare and determine upon the basis of engineering and traffic investigation that certain speed regulations shall be applicable upon specified streets or in certain areas, in which event it shall be unlawful for any person to drive a vehicle at a speed in excess of any speed so declared when signs are in place giving notice thereof, but no City ordinance shall regulate the speed of vehicles upon controlled access highways of the State.

Section 315.020. Slow Speed, Regulation of. No person shall drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation or in compliance with law. Peace Officers may enforce the provisions of this Section by directions to drivers, and in the event of apparent willful disobedience to this provision and refusal to comply with direction of an officer in accordance herewith, the continued slow operation by a driver is a misdemeanor.

Section 315.030. Speed Limit Signs. [CC §32.100; Ord. No. 160, 2-4-1980] The Director of Public Works shall post at all entrances to this City signs with letters four (4) inches high and one (1) inch wide, indicating the speed limits provided herein.

Section 315.040. Speeding in Construction Zones. [Ord. No. 1011 §§ 1, 3, 7-1-2013] A.

Pursuant to Section 304.580, RSMo., there shall be an additional fine of two hundred fifty dollars ($250.00) for speeding or passing in a construction zone if a worker is present. The Missouri Department of Transportation shall erect signage warning drivers of the additional fine for speeding or passing in a construction zone.

B.

Any person violating the provisions of this Section shall be subject to the penalty provisions in Section


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100.010 of the Municipal Code of the City of St. John, Missouri, in addition to the fine of two hundred fifty dollars ($250.00) as noted in Subsection A.

Chapter 320. Turning Movements Cross Reference — As to restricted or prohibited left turns, see sch. IX of this Title.

Section 320.010. Required Position and Method of Turning at Intersection. [CC §32.028; Ord. No. 160, 2-4-1980; Ord. No. 393 §§1-2, 11-15-1990] A.

The driver of a vehicle intending to turn at an intersection shall do so as follows: 1.

Right turns. Both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway.

2.

Left turns on two-way roadways. At any intersection where traffic is permitted to move in both directions on each roadway entering the intersection, an approach for a left turn shall be made in that portion of the right half (½) of the roadway nearest the center line thereof and by passing to the right of such center line where it enters the intersection and after entering the intersection the left turn shall be made so as to leave the intersection to the right of the center line of the roadway being entered. Whenever practicable the left turn shall be made in that portion of the intersection to the left of the center of the intersection.

3.

Left turns on other than two-way roadways. At any intersection where traffic is restricted to one (1) direction on one (1) or more of the roadways, the driver of a vehicle intending to turn left at any such intersection shall approach the intersection in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of such vehicle, and after entering the intersection, the left turn shall be made so as to leave the intersection, as nearly as practicable, in the left-hand lane lawfully available to traffic moving in such direction upon the roadway being entered.

Section 320.015. Bi-Directional Turn Lanes and Shoulder Lanes. [CC §32.028; Ord. No. 160, 2-4-1980; Ord. No. 393 §§1-2, 11-15-1990] A.

Definitions. The following words when used in this Section shall have the following meanings: BI-DIRECTIONAL TURN LANE The center lane of St. Charles Rock Road between Endicott Avenue westbound to the western City limits of the City of St. John, clearly delineated within orange/yellow center lines and containing multi-directional turn arrows. SHOULDER LANE The outermost lane or curb lane on each side of St. Charles Rock Road clearly marked by a solid white line.


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TRAFFIC LANES Two (2) lanes each direction clearly designated for through traffic. B.

No person shall operate a motor vehicle for more than three hundred (300) feet in the bi-directional turn lane while preparing to make a left turn. If a turn is made into a bi-directional turn lane and oncoming traffic precludes existing traffic flow, the operator of the vehicle shall stop until such time as entrance into the traffic lane can be accomplished safely.

C.

No person shall operate a motor vehicle in the bi-directional turn lane and use said lane for a thoroughfare for through traffic unless said operation is involved in the immediate left turn of the vehicle to exit St. Charles Rock Road.

D.

No person shall operate a motor vehicle to the left side of the center line within the bi-directional turn lane in overtaking and passing another vehicle proceeding in the same direction.

E.

St. Charles Rock Road is currently marked with two (2) shoulder lanes, defined as those two (2) lanes to the far right of the bold white line in each direction and designated only for parking, where allowed, and emergency stopping. No person shall operate a motor vehicle in a shoulder lane on St. Charles Rock Road within the City limits, unless said operation is involved in the immediate right turn of the vehicle to exit St. Charles Rock Road. In addition, no person shall operate a motor vehicle in a shoulder lane on St. Charles Rock Road in order to pass or overtake another vehicle. The aforesaid shoulder lanes may be used, without penalty hereunder, for safe operation of a vehicle which is yielding to emergency fire, medical or Police vehicles.

F.

Penalty. Any person, firm or corporation violating any of the provisions of this Subsection (4) shall be subject to the penalties listed in Section 300.030 of this Title.

Section 320.020. Authority to Place and Obedience to Turning Markers. [CC §32.029; Ord. No. 160, 2-4-1980] A.

The City Manager is authorized to place markers, buttons, or signs within or adjacent to intersections indicating the course to be traveled by vehicles turning at such intersections, and such course to be traveled as so indicated may conform to or be other than as prescribed by law or ordinance.

B.

When authorized markers, buttons, or other indications are placed within an intersection indicating the course to be traveled by vehicles turning thereat, no driver of a vehicle shall disobey the directions of such indications.

Section 320.030. Authority to Place Restricted Turn Signs. [CC §32.030; Ord. No. 160, 2-4-1980] The City Manager is hereby authorized to determine those intersections at which drivers of vehicles shall not make a right, left or U-turn, and shall place proper signs at such intersections. The making of such turns may be prohibited between certain hours of any day and permitted at other hours, in which event the same shall be plainly indicated on the signs or they may be removed when such turns are permitted.

Section 320.040. Obedience to No-Turn Signs. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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[CC §32.031; Ord. No. 160, 2-4-1980] Whenever authorized signs are erected indicating that no right or left or U-turn is permitted, no driver of a vehicle shall disobey the directions of any such sign.

Section 320.050. Limitations on Turning Around. [CC §32.032; Ord. No. 160, 2-4-1980] The driver of any vehicle shall not turn such vehicle so as to proceed in the opposite direction upon any street in a business district and shall not upon any other street so turn a vehicle unless such movement can be made safely and without interfering with other traffic.

Section 320.060. No Left Turn. [Ord. No. 607 §1, 7-20-1998; Ord. No. 728 §1, 4-1-2002] A.

It shall be unlawful for any person, while operating a motor vehicle east bound on St. Charles Rock Road, to make a left turn into the shopping center known as St. John Plaza at any time. Said entrance is approximately one hundred ten (110) feet east of Brown Road on the north curb lane of St. Charles Rock Road.

B.

Left Turn Prohibited. It shall be unlawful for any person while operating a motor vehicle to make a left turn onto St. Charles Rock Road (State Highway 180) from the eastern driveway of the St. John City Municipal Center property located at 8944 St. Charles Rock Road.

Chapter 325. One-Way Streets and Alleys Section 325.010. Authority to Sign One-Way Streets and Alleys. [CC §32.033; Ord. No. 160, 2-4-1980] Whenever any ordinance of the City designates any one (1) way street or alley the City Manager shall place and maintain signs giving notice thereof, and no such regulation shall be effective unless such signs are in place. Signs indicating the direction of lawful traffic movement shall be placed at every intersection where movement of traffic in the opposite direction is prohibited.

Section 325.020. One-Way Streets and Alleys. [CC §32.034; Ord. No. 160, 2-4-1980] Upon those streets and parts of streets and in those alleys described and designated by ordinance, vehicular traffic shall move only in the indicated direction when signs indicating the direction of traffic are erected and maintained at every intersection where movement in the opposite direction is prohibited.

Section 325.030. Authority to Restrict Direction of Movement on Streets During Certain Periods. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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[CC §32.035; Ord. No. 160, 2-4-1980] A.

The City Manager is hereby authorized to determine and designate streets, parts of streets or specific lanes thereon upon which vehicular traffic shall proceed in one (1) direction during one (1) period and the opposite direction during another period of the day and shall place and maintain appropriate markings, signs, barriers or other devices to give notice thereof. The City Manager may erect signs temporarily designating lanes to be used by traffic moving in a particular direction, regardless of the center line of the roadway.

B.

It shall be unlawful for any person to operate any vehicle in violation of such markings, signs, barriers or other devices so placed in accordance with this Section.

Chapter 330. Stop and Yield Intersections Section 330.010. Through Streets Designated. [CC §32.036; Ord. No. 160, 2-4-1980] Those streets and parts of streets described by ordinances of the City are declared to be through streets for the purposes of this Title.

Section 330.020. Signs Required at Through Streets. [CC §32.037; Ord. No. 160, 2-4-1980] Whenever any ordinance of the City designates and describes a through street it shall be the duty of the City Manager to place and maintain a stop sign, or on the basis of an engineering and traffic investigation at any intersection a yield sign, on each and every street intersecting such through street unless traffic at any such intersection is controlled at all times by traffic control signals; provided however, that at the intersection of two (2) such through streets or at the intersection of a through street and a heavy traffic street not so designated, stop signs shall be erected at the approaches of either of said streets as may be determined by the City Manager upon the basis of an engineering and traffic study.

Section 330.030. Other Intersections Where Stop or Yield Required. [CC §32.038; Ord. No. 160, 2-4-1980] The City Manager is hereby authorized to determine and designate intersections where particular hazard exists upon other than through streets and to determine whether vehicles shall stop at one (1) or more entrances to any such intersection in which event he shall cause to be erected a stop sign at every such place where a stop is required, or whether vehicles shall yield the right-of-way to vehicles on a different street at such intersection as prescribed in Subsection (A) of Section 330.040, in which event he shall cause to be erected a yield sign at every place where obedience thereto is required.

Section 330.040. Stop and Yield Signs. [CC §32.039; Ord. No. 160, 2-4-1980] http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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A.

The driver of a vehicle approaching a yield sign if required for safety to stop shall stop before entering the crosswalk on the near side of the intersection or, in the event there is no crosswalk, at a clearly marked stop line, but if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway.

B.

Except when directed to proceed by a Police Officer or traffic control signal, every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop before entering the crosswalk on the near side of the intersection or, in the event there is no crosswalk, shall stop at a clearly marked stop line, but if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection.

Section 330.050. Vehicle Entering Stop Intersection. [CC §32.040; Ord. No. 160, 2-4-1980] Except when directed to proceed by a Police Officer or traffic control signal, every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop as required by Subsection (B) of Section 330.040, and after having stopped shall yield the right-of-way to any vehicle which has entered the intersection from another highway or which is approaching so closely on said highway as to constitute an immediate hazard during the time when such driver is moving across or within the intersection.

Section 330.060. Vehicle Entering Yield Intersection. [CC §32.041; Ord. No. 160, 2-4-1980] The driver of a vehicle approaching a yield sign shall, in obedience to such sign, slow down to a speed reasonable for the existing conditions and shall yield the right-of-way to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard during the time such driver is moving across or within the intersection; provided however, that if such a driver is involved in a collision with a vehicle in the intersection, after driving past a yield sign without stopping, such collision shall be deemed prima facie evidence of his failure to yield right-of-way.

Section 330.070. Emerging From Alley, Driveway or Building. [CC §32.042; Ord. No. 160, 2-4-1980] The driver of a vehicle within a business or residence district emerging from an alley, driveway or building shall stop such vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across any alleyway or driveway, and shall yield the right-of-way to any pedestrian as may be necessary to avoid collision, and upon entering the roadway shall yield the right-of-way to all vehicles approaching on said roadway.

Section 330.080. Stop When Traffic Obstructed. [CC §32.043; Ord. No. 160, 2-4-1980] No driver shall enter an intersection or a marked crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle he is operating without obstructing the passage of other vehicles or pedestrians, notwithstanding any traffic control signal indication to proceed.


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Chapter 335. Miscellaneous Driving Rules Section 335.010. Following Fire Apparatus Prohibited. [CC §32.044; Ord. No. 160, 2-4-1980] The driver of any vehicle other than one on official business shall not follow any fire apparatus traveling in response to a fire alarm closer than five hundred (500) feet or drive into or park such vehicle within the block where fire apparatus has stopped in answer to a fire alarm.

Section 335.020. Crossing Fire Hose. [CC §32.045; Ord. No. 160, 2-4-1980] No vehicle shall be driven over any unprotected hose of a Fire Department when laid down on any street, private driveway or streetcar track, to be used at any fire or alarm of fire, without the consent of the Fire Department official in command.

Section 335.030. Driving Through Funeral or Other Procession. [CC §32.046; Ord. No. 160, 2-4-1980] No driver of a vehicle shall drive between the vehicles comprising a funeral or other authorized procession while they are in motion and when such vehicles are conspicuously designated as required in this Title. This provision shall not apply at intersections where traffic is controlled by traffic control signals or Police Officers.

Section 335.040. Driving in Procession. [CC §32.047; Ord. No. 160, 2-4-1980] Each driver in a funeral or other procession shall drive as near to the right-hand edge of the roadway as practicable and shall follow the vehicle ahead as close as is practicable and safe.

Section 335.050. Funeral Procession to Be Identified. [CC §32.048; Ord. No. 160, 2-4-1980] A funeral composed of a procession of vehicles shall be identified as such by the display upon the outside of each vehicle of a pennant or other identifying insignia or by such other method as may be determined and designated by the Traffic Division.

Section 335.060. When Permits Required for Parades and Processions. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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[CC §32.049; Ord. No. 160, 2-4-1980] No funeral, procession or parade containing two hundred (200) or more persons or fifty (50) or more vehicles except the forces of the United States Army or Navy, the military forces of this State and the forces of the Police and Fire Departments, shall occupy, march or proceed along any street except in accordance with a permit issued by the Chief of Police and such other regulations as are set forth herein which may apply.

Section 335.070. Vehicle Shall Not Be Driven on a Sidewalk. [CC §32.050; Ord. No. 160, 2-4-1980] The driver of a vehicle shall not drive within any sidewalk area except on a permanent or temporary driveway.

Section 335.080. Limitations on Backing. [CC §32.051; Ord. No. 160, 2-4-1980] The driver of a vehicle shall not back the same unless such movement can be made with reasonable safety and without interfering with other traffic.

Section 335.090. Opening and Closing Vehicle Doors. [CC §32.052; Ord. No. 160, 2-4-1980] No person shall open the door of a motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, nor shall any person leave a door open on the side of a motor vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.

Section 335.100. Riding on Motorcycles, Additional Passenger, Requirements. A.

A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person nor shall any other person ride on a motorcycle unless such motorcycle is designed to carry more than one (1) person, in which event a passenger may ride upon the permanent and regular seat if designed for two (2) persons, or upon another seat firmly attached to the rear or side of the operator.

B.

The operator of a motorized bicycle shall ride only astride the permanent and regular seat attached thereto, and shall not permit more than one (1) person to ride thereon at the same time, unless the motorized bicycle is designed to carry more than one (1) person. Any motorized bicycle designed to carry more than one person must be equipped with a passenger seat and footrests for the use of a passenger.

Section 335.110. Passengers' Headgear — Motorcycles. [CC §32.107; Ord. No. 160, 2-4-1980] Any person who operates or rides as a passenger on any motorcycle, as herein defined, upon the streets of http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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the City shall wear protective headgear at all times said vehicle is in motion. The protective headgear shall meet the standards and specifications established by the Director of Revenue of the State of Missouri.

Section 335.120. All-Terrain Vehicles, Prohibited — Exceptions, Operation of Under, an Exception — Prohibited Uses — Penalty. A.

No person shall operate an all-terrain vehicle, as defined in Section 300.020, upon the streets and highways of this City, except as follows: 1.

All-terrain vehicles owned and operated by a governmental entity for official use;

2.

All-terrain vehicles operated for agricultural purposes or industrial on-premises purposes between the official sunrise and sunset on the day of operation;

3.

All-terrain vehicles whose operators carry a special permit issued by this City pursuant to Section 304.013, RSMo.

B.

No person shall operate an off-road vehicle, as defined in Section 304.001, RSMo., within any stream or river in this City, except that off-road vehicles may be operated within waterways which flow within the boundaries of land which an off-road vehicle operator owns, or for agricultural purposes within the boundaries of land which an off-road vehicle operator owns or has permission to be upon, or for the purpose of fording such stream or river of this State at such road crossings as are customary or part of the highway system. All Law Enforcement Officials or Peace Officers of this State and its political subdivisions shall enforce the provisions of this Subsection within the geographic area of their jurisdiction.

C.

A person operating an all-terrain vehicle on a street or highway pursuant to an exception covered in this Section shall have a valid operator's or chauffeur's license, but shall not be required to have passed an examination for the operation of a motorcycle, and the vehicle shall be operated at speeds of less than thirty (30) miles per hour. When operated on a street or highway, an all-terrain vehicle shall have a bicycle safety flag, which extends not less than seven (7) feet above the ground, attached to the rear of the vehicle. The bicycle safety flag shall be triangular in shape with an area of not less than thirty (30) square inches and shall be day-glow in color.

D.

No person shall operate an all-terrain vehicle: 1.

In any careless way so as to endanger the person or property of another;

2.

While under the influence of alcohol or any controlled substance; or

3.

Without a securely fastened safety helmet on the head of an individual who operates an all-terrain vehicle or who is being towed or otherwise propelled by an all-terrain vehicle, unless the individual is at least eighteen (18) years of age.

E.

No operator of an all-terrain vehicle shall carry a passenger, except for agricultural purposes.

F.

A violation of this Section shall be a misdemeanor.

Section 335.130. Riding Bicycles, Sleds, Roller Skates, by Attaching to Another Vehicle, Prohibited. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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No person riding upon any bicycle, motorized bicycle, coaster, roller skates, sled or toy vehicle shall attach the same or himself to any vehicle upon a roadway.

Section 335.140. Controlled Access. [CC §32.055; Ord. No. 160, 2-4-1980] No person shall drive a vehicle onto or from any controlled access roadway except at such entrances and exits as are established by public authority.

Section 335.150. Driving Through Safety Zone Prohibited. [CC §32.056; Ord. No. 160, 2-4-1980] No vehicle shall at any time be driven through or within a safety zone.

Section 335.160. Obstruction to Operators View or Driving Mechanism. [CC §32.094; Ord. No. 160, 2-4-1980] It shall be unlawful for the operator of any vehicle to drive the same when such vehicle is so loaded or when there is in the front seat of such vehicle such number of persons as to obstruct the view of the operator to the front or sides, or to interfere with the operators control over the driving mechanism of the vehicle.

Section 335.170. Loads Which Might Become Dislodged to Be Secured. [CC §32.095; Ord. No. 160, 2-4-1980] All motor vehicles and every trailer and semi-trailer operating upon the streets of this City and carrying goods or material or farm products which may reasonably be expected to become dislodged and fall from the vehicle, trailer or semi-trailer as a result of wind pressure, or air pressure and/or by the movement of the vehicle, trailer or semi-trailer, shall have a protective cover or be sufficiently secured so that no portion of such goods or material can become dislodged and fall from the vehicle, trailer, or semi-trailer, while being transported or carried.

Section 335.180. Careless and Imprudent Driving. [CC §32.096; Ord. No. 160, 2-4-1980] Every person operating a motor vehicle on the streets of the City shall operate or drive the same in a careful and prudent manner and in the exercise of the highest degree of care and at a rate of speed so as not to endanger the property of another, or the life or limb of any person taking into consideration the time of day and amount of vehicular traffic, the condition of the street or highway, the atmospheric conditions, and the location with reference to intersecting streets and highways, curves, residences or schools.

Section 335.190. Drive on Right Side of Roadway. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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[CC §32.101; Ord. No. 160, 2-4-1980] The operator of all vehicles within the City shall drive the same upon the right half of the roadway except when the right half is closed to traffic and for such reason impassable, or when overtaking and passing another vehicle, or when placing a vehicle in a position to make a left turn.

Section 335.200. Passing Regulations. A.

B.

The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to the limitations and exceptions hereinafter stated: 1.

The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle; and

2.

Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.

The driver of a motor vehicle may overtake and pass to the right of another vehicle only under the following conditions: 1.

When the vehicle overtaken is making or about to make a left turn;

2.

Upon a city street with unobstructed pavement of sufficient width for two or more lines of vehicles in each direction;

3.

Upon a one-way street;

4.

Upon any highway outside of a city with unobstructed pavement of sufficient width and clearly marked for four (4) or more lines of traffic.

5.

The driver of a motor vehicle may overtake and pass another vehicle upon the right only under the foregoing conditions when such movement may be made in safety. In no event shall such movement be made by driving off the paved or main traveled portion of the roadway. The provisions of this subsection shall not relieve the driver of a slow-moving vehicle from the duty to drive as closely as practicable to the right-hand edge of the roadway.

C.

Except when a roadway has been divided into three (3) traffic lanes, no vehicle shall be driven to the left side of the center line of a highway or public road in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken.

D.

No vehicle shall at any time be driven to the left side of the roadway under the following conditions: 1.

When approaching the crest of a grade or upon a curve of the highway where the driver's view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction;

2.

When the view is obstructed upon approaching within one hundred (100) feet of any bridge, viaduct, tunnel or when approaching within one hundred (100) feet of or at any intersection or railroad grade crossing.


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Section 335.210. Following Too Close. [CC §32.103; Ord. No. 160, 2-4-1980] The operator of a vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard to the speed of such vehicles, the traffic and condition of the roadway.

Section 335.220. Hand or Electric Signals. [CC §32.104; Ord. No. 160, 2-4-1980] A.

An operator, in stopping or when checking the speed of his vehicle when the movement of other vehicles may reasonably be affected by such checking speed, shall extend his arm in a horizontal position so that the same may be seen in the rear of his vehicle.

B.

An operator intending to turn his vehicle to the right shall extend his arm at an angle above horizontal so that the same may be seen in the rear of his vehicle and an operator intending to turn his vehicle to the left shall extend his arm in a horizontal position so that the same may be seen in the rear of his vehicle.

C.

If a motor vehicle is equipped with mechanical or electrical signal devices which shall display a signal plainly visible from the front and rear indicating his intention to stop or turn requirement for hand and arm signals herein required need not be given.

Section 335.230. Driving While Intoxicated. [CC §32.108; Ord. No. 441, §§1 — 2, 8-17-1992] A.

No person shall operate a motor vehicle while in an intoxicated condition or while under the influence of intoxicants or drugs.

B.

Any person, firm or corporation violating this Section shall, upon conviction, be subject to the penalties prescribed in Section 300.030 of this Title.

Section 335.240. Driving With Excessive Blood Alcohol Content. [Ord. No. 622 §1, 11-16-1998] A.

A person commits the offense of "driving with excessive blood alcohol content" if he/she operates a motor vehicle in this City with eight-hundredths of one percent (.08%) or more by weight of alcohol in his/her blood.

B.

As used in this Section, percent by weight of alcohol in the blood shall be based upon grams of alcohol per one hundred milliliters of blood and may be shown by chemical analysis of the person's blood, breath, saliva or urine. For the purposes of determining the alcoholic content of a person's blood under this Section, the test shall be conducted in accordance with the provisions of Sections 577.020 to 577.041, RSMo.

C.

For the first offense, driving with excessive blood alcohol content is a misdemeanor.


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Section 335.250. Chemical Tests for Alcohol Content of Blood — Consent Implied — Administered, When, How. A.

Any person who operates a motor vehicle upon the public highways of this City shall be deemed to have given consent to, subject to the provisions of Sections 577.020 to 577.041, RSMo., a chemical test or tests of his breath, blood, saliva or urine for the purpose of determining the alcohol or drug content of his blood if arrested for any offense arising out of acts which the arresting officer had reasonable grounds to believe were committed while the person was driving a motor vehicle while in an intoxicated or drugged condition. The test shall be administered at the direction of the arresting Law Enforcement Officer whenever the person has been arrested for the offense.

B.

The implied consent to submit to the chemical tests listed in Subsection (A) of this Section shall be limited to not more than two (2) such tests arising from the same arrest, incident or charge.

C.

Chemical analysis of the person's breath, blood, saliva, or urine to be considered valid under the provisions of Sections 577.020 to 577.041, RSMo., shall be performed according to methods approved by the state department of health by licensed medical personnel or by a person possessing a valid permit issued by the State department of health for this purpose.

D.

The State Department of Health shall approve satisfactory techniques, devices, equipment, or methods to be considered valid under the provisions of Sections 577.020 to 577.041, RSMo., and shall establish standards to ascertain the qualifications and competence of individuals to conduct analyses and to issue permits which shall be subject to termination or revocation by the State Department of Health.

E.

The person tested may have a physician, or a qualified technician, chemist, registered nurse, or other qualified person of his own choosing and at his expense administer a test in addition to any administered at the direction of a law enforcement officer. The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test taken at the direction of a Law Enforcement Officer.

F.

Upon the request of the person who is tested, full information concerning the test shall be made available to him.

Section 335.260. Certain Kinds of Irregular Driving Prohibited. [CC §32.129; Ord. No. 493 §1, 6-20-1994] A.

No operator of a motor vehicle shall cause or permit it to be operated in any of the following ways: 1.

Sudden starting from a stopped position or any other fast or sudden acceleration so as to cause the tires to emit loud noises; nor to make short turns for the same reason; nor any other sudden movement, including the above, sometimes known as peeling.

2.

Racing with another vehicle or vehicles, by proceeding two (2) or three (3) abreast, and any other of the practices known as dragging, hot-rodding or chicken.

3.

Operating a vehicle over, through, or across private property for the purpose of avoiding, circumventing or contravening lawfully established traffic-control regulations, signs and signals. Driving upon private property without stopping to do business thereupon shall be prima facie evidence of the operator's intent to violate this Section.


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Section 335.270. Aggressive Driving. [Ord. No. 662 §§1 — 2, 3-20-2000] A.

B.

It shall be unlawful for the operator of any motor vehicle intentionally to harass or alarm another person who is inside a motor vehicle by intentionally or knowingly: 1.

Increasing or decreasing the speed of his/her vehicle;

2.

Changing lanes;

3.

Following the other person's vehicle more closely than is reasonable and prudent under the totality of the circumstances;

4.

Impeding or obstructing the operation of the other person's motor vehicle; or

5.

Operating his/her vehicle in a manner that endangers or would be likely to endanger any person or property.

Any person violating the provisions of this Section shall be subject to the penalties prescribed in Section 100.010 of the Municipal Code of the City of St. John.

Section 335.280. Text Messaging While Operating a Motor Vehicle Prohibited. [Ord. No. 1012 §§ 1 — 7, 9, 7-1-2013] A.

Except as otherwise provided in this Section, no operator of a motor vehicle upon the public streets of this City shall, by means of a hand-held electronic wireless communication device, send, read, or write a text message or electronic message.

B.

The provisions of Subsection (A) of this Section shall not apply to a person operating: 1.

An authorized emergency vehicle: or

2.

A moving motor vehicle while using a hand-held electronic wireless communication device to: a.

Report illegal activity.

b.

Summon medical or emergency aid.

c.

Prevent injury to a person or property.

d.

Relay information between a transit/for-hire operator and dispatcher, in which the device is permanently affixed to the vehicle.

C.

Nothing in this Section shall be construed or interpreted as prohibiting a person from making or taking part in a telephone call, by means of a hand-held electronic wireless communication device, while operating a motor vehicle.

D.

Definitions. As used in this Section, the following terms shall have the meanings indicated: ELECTRONIC MESSAGE Includes, but is not limited to, electronic mail, a text message, an instant message, or a command or request to access an Internet site.


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HAND-HELD ELECTRONIC WIRELESS COMMUNICATION DEVICE Includes all hand-held cell phones, palm pilots, BlackBerry®, or other mobile electronic devices used to communicate verbally or by text or electronic messaging, but shall not apply to any device permanently embedded into the design of the motor vehicle. E.

A violation of this Section shall be deemed an infraction and shall be deemed a moving violation for purposes of point violation.

F.

The provisions of this Section shall not apply to:

G.

1.

The operator of a vehicle that is lawfully parked.

2.

While in the performance of official duties, a Law Enforcement Officer, member of a Fire Department, or the operator of a public or private ambulance.

3.

The use of factory-installed GPS or wireless communication devices used to transmit/receive data as part of a digital dispatch system.

4.

The use of voice-operated technology.

5.

The use of two-way radio transmitters/receivers by a license of the Federal Communications Commission in the Amateur Radio Service.

Any person violating the provisions of this Section shall be subject to the penalty provisions in Section 100.010 of the Municipal Code of the City of St. John, Missouri.

Chapter 340. Pedestrians' Rights and Duties Section 340.010. Pedestrians Subject to Traffic Control Devices. [CC §32.057; Ord. No. 160, 2-4-1980] Pedestrians shall be subject to traffic control signals as heretofore declared in Sections 310.060 and 310.070 of this Title, but at all other places pedestrians shall be granted those rights and be subject to the restrictions stated in this Chapter.

Section 340.020. Pedestrians' Right-of-Way in Crosswalks. [CC §32.058; Ord. No. 160, 2-4-1980] A.

When traffic control signals are not in place or not in operation the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.

B.

No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.

C.

Subsection (A) shall not apply under the conditions stated in Subsection (B) of Section 340.040.

D.

Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an


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intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.

Section 340.030. Crossing at Right Angles. [CC §32.059; Ord. No. 160, 2-4-1980] No pedestrian shall cross a roadway at any place other than by a route at right angles to the curb or by the shortest route to the opposite curb except in a crosswalk.

Section 340.040. When Pedestrian Shall Yield. [CC §32.060; Ord. No. 160, 2-4-1980] A.

Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.

B.

Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway.

C.

The foregoing rules in this Section have no application under the conditions stated in Section 340.050 when pedestrians are prohibited from crossing at certain designated places.

Section 340.050. Prohibited Crossing. [CC §32.061; Ord. No. 160, 2-4-1980] A.

Between adjacent intersections at which traffic control signals are in operation, pedestrians shall not cross at any place except in a crosswalk.

B.

No pedestrian shall cross a roadway other than in a crosswalk in any business district.

C.

No pedestrian shall cross a roadway other than in a crosswalk upon any street designated by ordinance.

D.

No pedestrian shall cross a roadway intersection diagonally unless authorized by official traffic control devices; and, when authorized to cross diagonally, pedestrians shall cross only in accordance with the official traffic control devices pertaining to such crossing movements.

Section 340.060. Pedestrians Walking Along Roadways. [CC §32.062; Ord. No. 160, 2-4-1980] A.

Where sidewalks are provided it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway.

B.

Where sidewalks are not provided, any pedestrian walking along and upon a highway shall when practicable, walk only on the left side of the roadway or its shoulder facing traffic which may approach from the opposite direction.

Section 340.070. Drivers to Exercise Highest Degree of Care. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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[CC §32.063; Ord. No. 160, 2-4-1980] Notwithstanding the provisions of Sections 310.060 through 340.070, every driver of a vehicle shall exercise the highest degree of care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any confused or incapacitated person upon a roadway.

Chapter 345. Method of Parking Section 345.010. Standing or Parking Close to Curb. [CC §32.064; Ord. No. 160, 2-4-1980] A.

Except when necessary in obedience to traffic regulations or traffic signs or signals, the operator of a vehicle shall not stop, stand, or park such vehicle in a roadway other than parallel with the edge of a roadway, heading in the direction of traffic, and with the curb-side wheels of the vehicle within eighteen (18) inches of the edge of the roadway, except as provided in the following paragraph: In places where, and at hours when, stopping for the loading or unloading of merchandise or materials is permitted, vehicles used for the transportation of merchandise and materials may back into the curb to take on or discharge loads, when the owner of such vehicle holds a permit granting him such special privilege and provided further that such vehicle is backed against the curb, to take or discharge a load, and it shall be unlawful for any owner or operator to violate any of the special terms or conditions of any such special permit.

B.

The City Manager is hereby authorized to issue to any owner of a vehicle used to transport merchandise or materials a special permit in no event to be for a period longer than one (1) day and to state therein the terms and conditions thereof, allowing the operator of such vehicle the privilege of loading while the vehicle is backed against the curb, if, in the opinion of the City Manager, such privilege is necessary in the conduct of the owner's business and will not seriously interfere with traffic.

C.

When there are no existing curbs, a vehicle may park in a horizontal position facing in the direction of traffic with one-half (½) the width of the vehicle on the black top area and one-half (½) the width on the shoulder area.

Chapter 350. Stopping, Standing or Parking Prohibited in Specified Places Section 350.010. Stopping, Standing or Parking Prohibited. [CC §32.065; Ord. No. 160, 2-4-1980; Ord. No. 548 §1, 7-15-1996] A.

Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a Police Officer or official traffic control device, no person shall: 1.

Stop, stand or park a vehicle: a.

On the roadway side of any vehicle stopped or parked at the edge or curb of a street;

b.

On a sidewalk;


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2.

3.

B.

c.

Within an intersection;

d.

On a crosswalk;

e.

Between a safety zone and adjacent curb or within thirty (30) feet of points on the curb immediately opposite the ends of a safety zone, unless the City Manager indicates a different length by signs or markings;

f.

Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic;

g.

Upon any bridge or other elevated structure upon a highway or within a highway tunnel;

h.

At any place where official signs prohibit stopping;

Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers: a.

In front of a public or private driveway;

b.

Within fifteen (15) feet of a fire hydrant;

c.

Within twenty (20) feet of a crosswalk at an intersection;

d.

Within thirty (30) feet upon the approach to any flashing signal, stop sign, or traffic control signal located at the side of a roadway;

e.

Within twenty (20) feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five (75) feet of said entrance (when properly sign posted);

f.

At any place where official signs prohibit standing;

g.

Within fifteen (15) feet of a container currently being utilized and maintained as a public mail box by the U.S. Postal Service.

Park a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers at any place where official signs prohibit parking.

No person shall move a vehicle not lawfully under his control into any such prohibited area or away from a curb such a distance as is unlawful.

Section 350.020. Parking Not to Obstruct Traffic. No person shall park any vehicle upon a street, other than an alley, in such a manner or under such conditions as to leave available less than ten (10) feet of the width of the roadway for free movement of vehicular traffic.

Section 350.030. Parking in Alleys. [CC §32.067; Ord. No. 160, 2-4-1980] No person shall park a vehicle within an alley in such a manner or under such conditions as to leave available less than ten (10) feet of the width of the roadway for the free movement of vehicular traffic, and no person shall stop, stand, or park a vehicle within an alley in such position as to block the driveway entrance to any http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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abutting property.

Section 350.040. Parking for Certain Purposes Prohibited. [CC §§32.068, 32.093; Ord. No. 160, 2-4-1980] A.

No person shall park a vehicle upon a roadway for the principal purpose of: 1.

Displaying such vehicle for sale; or

2.

Repair such vehicle except repairs necessitated by an emergency.

3.

Displaying advertising.

Section 350.050. Parking Adjacent to Schools. [CC §32.069; Ord. No. 160, 2-4-1980] A.

The City Manager is hereby authorized to erect signs indicating no parking upon either or both sides of any street adjacent to any school property when such parking would, in his opinion, interfere with traffic or create a hazardous situation.

B.

When official signs are erected indicating no parking upon either side of a street adjacent to any school property as authorized herein, no person shall park a vehicle in any such designated place.

Section 350.060. Parking Prohibited on Narrow Streets. [CC §32.070; Ord. No. 160, 2-4-1980] A.

The City Manager is authorized to erect signs indicating no parking upon any street when the width of the roadway does not exceed twenty (20) feet, or upon one (1) side of a street as indicated by such signs when the width of the roadway does not exceed thirty (30) feet.

B.

When official signs prohibiting parking are erected upon narrow streets as authorized herein, no person shall park a vehicle upon any such street in violation of any such sign.

Section 350.070. Standing or Parking on One-Way Streets. [CC §32.071; Ord. No. 160, 2-4-1980] The City Manager is authorized to erect signs upon the left-hand side of any one (1) way street to prohibit the standing or parking of vehicles, and when such signs are in place, no person shall stand or park a vehicle upon such left-hand side in violation of any such sign.

Section 350.080. Standing or Parking on One-Way Roadways. [CC §32.072; Ord. No. 160, 2-4-1980] In the event a highway includes two (2) or more separate roadways and traffic is restricted to one (1) direction upon any such roadway, no person shall stand or park a vehicle upon the left-hand side of such http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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one (1) way roadway unless signs are erected to permit such standing or parking. The City Manager is authorized to determine when standing or parking may be permitted upon the left-hand side of any such one (1) way roadway and to erect signs giving notice thereof.

Section 350.090. No Stopping, Standing or Parking Near Hazardous or Congested Places. [CC §32.073; Ord. No. 160, 2-4-1980] A.

The City Manager is hereby authorized to determine and designate by proper signs places not exceeding one hundred (100) feet in length in which the stopping, standing, or parking of vehicles would create an especially hazardous condition or would cause unusual delay to traffic.

B.

When official signs are erected at hazardous or congested places as authorized herein, no person shall stop, stand, or park a vehicle in any such designated place.

Section 350.100. Private Parking. [CC §11.94; Ord. No. 188, 6-15-1981] No person shall park or stand a motor vehicle, whether occupied or not, in a private driveway, on a private parking lot, or on private property, without the express or implied consent of the owner or other person in lawful charge of such driveway, parking lot or property.

Section 350.110. Parking Prohibited on City Property. [CC §36.57; Ord. No. 52, 5-5-1975] Parking is prohibited on all City property immediately adjacent to any public building owned by the City unless by special permit or when conducting official business with the City of St. John. Any unauthorized vehicle found to be so illegally parked, shall be towed from the premises at the owners expense as set out by Section 370.050 of this Title.

Section 350.120. Handicapped Parking. [CC §11.99; Ord. No. 432 §§1 — 4, 5-18-1992; Ord. No. 833 §1, 6-6-2005] A.

The parking or standing of a motor vehicle in a designated handicapped parking space within the City of St. John is hereby prohibited unless said vehicle bears a distinguished license plate or placard hanging from the rear view mirror in accordance with Sections 301.142 or 301.071, RSMo., for the State of Missouri.

B.

Any person, firm or corporation must submit a request for a permit for a designated handicapped parking space on a public street. Said permit will be reviewed by City staff and issued subject to the approval of the City Manager. An initial fee will be charged and subsequent renewal fees will apply pursuant to the issuance of the permit.

C.

Each designated handicapped parking space must be marked by a posted sign which displays the international symbol of accessibility and the words "Handicapped Parking" in white on a blue background.


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D.

The owner or person in lawful possession of a public off-street parking facility, and any political subdivision owning or operating a public off-street parking facility, may, after notifying the local Police or Sheriff's Department, cause the removal of any vehicle not displaying a distinguishing license plate or card on which is inscribed the international symbol of accessibility and the word "disabled" issued pursuant to Section 301.142, RSMo., or a "disabled veteran" license plate issued pursuant to Section 301.071, RSMo., or a distinguishing license plate or card issued by any other state from a space designated for physically disabled persons if there is posted immediately adjacent to, and readily visible from, such space a sign on which is inscribed the international symbol of accessibility in white on a blue background and may include any appropriate wording to indicate that the space is reserved for the exclusive use of vehicles which display a distinguishing license plate or card. Any person who parks in a space reserved for physically disabled persons and is not displaying distinguishing license plates or a card is guilty of an infraction and upon conviction thereof shall be punished by a fine of not less than fifty dollars ($50.00) nor more than two hundred dollars ($200.00). Any vehicle which has been removed and which is not properly claimed within thirty (30) days thereafter shall be considered to be an abandoned vehicle.

Chapter 355. Stopping for Loading or Unloading Only Section 355.010. City Manager to Designate Public Carrier Stops and Stands. [CC §32.074; Ord. No. 160, 2-4-1980] The City Manager is hereby authorized and required to establish bus stops, bus stands, taxicab stands and stands for other passenger common carrier motor vehicles on such public streets in such places and in such number as he shall determine to be of the greatest benefit and convenience to the public, and every such bus stop, bus stand, taxicab stand, or other stand shall be designated by appropriate signs.

Section 355.020. Stopping, Standing and Parking of Buses and Taxicabs Regulated. [CC §32.075; Ord. No. 160, 2-4-1980] A.

The operator of a bus shall not stand or park such vehicle upon any street at any place other than a bus stand so designated as provided herein.

B.

The operator of a bus shall not stop such vehicle upon any street at any place for the purpose of loading or unloading passengers or their baggage other than at a bus stop, bus stand or passenger loading zone so designated as provided herein, except in case of an emergency.

C.

The operator of a bus shall enter a bus stop, bus stand or passenger loading zone on a public street in such manner that the bus, when stopped to load or unload passengers or baggage, shall be in a position with the right front wheel of such vehicle, not further than eighteen (18) inches from the curb and the bus approximately parallel to the curb so as not to unduly impede the movement of other vehicular traffic.

D.

The operator of a taxicab shall not stand or park such vehicle upon any street at any place other than in a taxicab stand so designated as provided herein. This provision shall not prevent the operator of a taxicab from temporarily stopping in accordance with other stopping or parking regulations at any


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place for the purpose of and while actually engaged in the expeditious loading or unloading of passengers.

Section 355.030. Restricted Use of Bus and Taxicab Stands. [CC §32.076; Ord. No. 160, 2-4-1980] No person shall stop, stand, or park a vehicle other than a bus in a bus stop, or other than a taxicab in a taxicab stand when any such stop or stand has been officially designated and appropriately signed, except that the driver of a passenger vehicle may temporarily stop therein for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere with any bus or taxicab waiting to enter or about to enter such zone.

Section 355.040. Stopping, Standing and Parking of Trucks Regulated in Commercial Areas. [Ord. No. 790 §§1 — 2, 3-1-2004] A.

The operator of any truck in excess of three quarter (¾) ton may not park or stand such vehicle on any street or highway other than to load or unload items, freight or cargo at any time. When loading or unloading items, freight or cargo, said vehicle may only park long enough to complete loading and unloading in commercial areas.

B.

Any person, firm or corporation violating the provisions of this Section shall be subject to the penalty prescribed in Section 100.010 of the Municipal Code of the City of St. John.

Chapter 360. Stopping, Standing or Parking Restricted or Prohibited on Certain Streets Section 360.010. Application of Chapter. [CC §32.077; Ord. No. 160, 2-4-1980] The provisions of this Chapter prohibiting the standing or parking of a vehicle shall apply at all times or at those times herein specified or as indicated on official signs except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the direction of a Police Officer or official traffic control device.

Section 360.020. Regulations Not Exclusive. [CC §32.078; Ord. No. 160, 2-4-1980] The provisions of this Title imposing a time limit on parking shall not relieve any person from the duty to observe other and more restrictive provisions prohibiting or limiting the stopping, standing, or parking of vehicles in specified places or at specified times.


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Section 360.030. Parking Prohibited at All Times on Certain Streets. [CC §32.079; Ord. No. 160, 2-4-1980] When signs are erected giving notice thereof, no person shall park a vehicle at any time upon any of the streets described by ordinance.

Section 360.040. Parking Prohibited During Certain Hours on Certain Streets. [CC §32.080; Ord. No. 160, 2-4-1980] When signs are erected in each block giving notice thereof, no person shall park a vehicle between the hours specified by ordinance of any day except Sunday and public holidays within the district or upon any of the streets described by ordinance.

Section 360.050. Stopping, Standing or Parking Prohibited During Certain Hours on Certain Streets. [CC §32.081; Ord. No. 160, 2-4-1980] When signs are erected in each block giving notice thereof, no person shall stop, stand, or park a vehicle between the hours specified by ordinance on any day except Sundays and public holidays within the district or upon any of the streets described by ordinance.

Section 360.060. Parking Signs Required. [CC §32.082; Ord. No. 160, 2-4-1980] Whenever by this Title or any ordinance of the City any parking time limit is imposed or parking is prohibited on designated streets, it shall be the duty of the City Manager to erect appropriate signs giving notice thereof and no such regulations shall be effective unless said signs are erected and in place at the time of any alleged offense.

Section 360.070. Commercial Vehicles Prohibited From Using Certain Streets. [CC §32.083; Ord. No. 160, 2-4-1980] In cases where an equally direct and convenient alternate route is provided, an ordinance may describe and signs may be erected giving notice thereof, that no persons shall operate any commercial vehicle upon streets or parts of streets so described except those commercial vehicles making deliveries thereon.

Section 360.080. Residential Parking Zones. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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[CC §36.41; Ord. No. 390 §§1-5, 8-6-1990; Ord. No. 642 §§1 — 4, 8-2-1999; Ord. No. 649 §1, 11-1-1999] A.

Definitions. 1.

Residential parking zones. Any street or part thereof in one of the hereinafter defined residential zones which is designated as such with a specified parking time limit.

2.

Residential zone: The residential zones of the City of St. John shall be as designated in Schedule VII of this Title. Additional zones may be added by the filing of a petition signed by fifty percent (50%) of the residents of the affected area as certified by the City Clerk, and upon approval of passage of a subsequent ordinance by the City Council. Any additional residential zones created by this procedure shall be designated in Schedule VII.

3.

Resident. Any person who is a full-time resident of the property abutting a street designated as a residential parking zone.

4.

Visitor. Any person who is a household guest, a visitor, a workman performing services for, or domestic help for, a resident.

B.

Residential Parking Permit. On any street which is designated a residential parking zone, parking in excess of the prescribed parking time limit will be permitted by a resident or a visitor only with a valid resident or visitor parking permit.

C.

Parking Permit. Each parking permit shall be limited for use in the residential parking zone for which it was issued. A resident or visitor parking permit issued in one residential zone of the City shall not be valid in any other residential zone.

D.

Issuance of Parking Permit. Each building abutting a street in a residential zone shall be entitled to parking permits. Parking permits are now incorporated with the annual City Sticker (Vehicle Tax) and will be issued to each vehicle housed and registered with the City at that location upon application.

E.

Temporary Parking Permits. The occupant/owner (in the case of rental property) of each building (referred to herein as applicant) in the residential parking zone shall be allowed the issuance of temporary parking permits in the event a special function is being held. This number is not to exceed ten (10) per building per special function. There shall be a twenty-five dollar ($25) deposit charged for these permits payable at the time they are issued. Said deposit shall be returned to the applicant upon the return of said temporary permits, provided they are returned within five (5) days of the date the special function was held, else, the deposit is forfeited.

F.

Penalty For Violation. The owner of each automobile which is found to have been parked in a residential parking zone in violation of this Section without displaying the residential parking permit in the right front portion of the windshield shall be liable for a fine of not less than five dollars ($5.00) nor more than five hundred dollars ($500.00) for each instance of violation or imprisonment for ninety (90) days, or by both such fine or imprisonment.

G.

Penalty For Failure To Return Temporary Parking Permits. Should the temporary permits not be returned within the required five (5) days as stated in Section 360.080(E), a summons will be issued to the applicant and a court appearance will be required. Applicant shall be liable for a fine of not less than five dollars ($5.00) nor more than one thousand dollars ($1,000.00) for each instance of violation or imprisonment for ninety (90) days, or by both such fine or imprisonment. [Ord. No. 1014 §1, 7-15-2013]

[1]:

Cross Reference — As to designated residential parking zones, see sch. VII of this Title.

Chapter 365. Violations Bureau http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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Section 365.010. When Person Charged May Elect to Appear at Bureau. [CC §32.084; Ord. No. 160, 2-4-1980; Ord. No. 653 §2, 12-20-1999] A.

Any person charged with an offense for which payment of a fine may be made to the Violations Bureau shall have the option of paying such fine within the time specified in the notice of arrest at the Violations Bureau upon entering a plea of guilty and upon waiving appearance in court; or may have the option of depositing required lawful bail, and upon a plea of not guilty, shall be entitled to a trial as authorized by law.

B.

The payment of a fine to the Bureau shall be deemed an acknowledgement of conviction of the alleged offense, and the Bureau, upon accepting the prescribed fine, shall issue a receipt to the violator acknowledging payment thereof.

Section 365.020. Duties of Violations Bureau. [CC §32.085; Ord. No. 160, 2-4-1980; Ord. No. 653 §2, 12-20-1999] A.

The following duties are hereby imposed upon the Violations Bureau in reference to traffic offenses: 1.

It shall accept designated fines, issue receipts, and represent in court such violators as are permitted and desire to plead guilty, waive court appearance, and give power of attorney;

2.

It shall receive and issue receipts for cash bail from the persons who must or wish to be heard in court, enter the time of their appearance on the court docket, and notify the arresting Officer and witnesses, if any, to be present.

Section 365.030. Violations Bureau to Keep Records. [CC §32.086; Ord. No. 160, 2-4-1980; Ord. No. 653 §2, 12-20-1999] The Violations Bureau shall keep records and submit summarized monthly reports to the Municipal Court of all notices issued and arrests made for violations of the traffic laws and ordinances in the City and of all the fines collected by the Violations Bureau or the court, and of the final disposition or present status of every case of violation of the provisions of said laws and ordinances. Such records shall be so maintained as to show all types of violations and the totals of each. Said records shall be public records.

Section 365.040. Additional Duties of Violations Bureau. [CC §32.087; Ord. No. 160, 2-4-1980; Ord. No. 653 §2, 12-20-1999] The Violations Bureau shall follow such procedure as may be prescribed by the traffic ordinances of the City or as may be required by any laws of this State.

Chapter 370. Procedure on Arrest http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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Section 370.010. Forms and Records of Traffic Citations and Arrests. [CC §32.088; Ord. No. 160, 2-4-1980] A.

The City shall provide books containing uniform summons and complaint as prescribed by Supreme Court Rule. Said books shall include serially numbered sets of citations in quadruplicate in the form prescribed by Supreme Court Rule.

B.

The Municipal Court shall issue such books to the Chief of Police or his duly authorized agent, and shall maintain a record of every book so issued and shall require a written receipt for every such book.

C.

The Chief of Police shall be responsible for the issuance of such books to individual members of the Police Department. The Chief of Police shall require a written receipt for every book so issued and shall maintain a record of every such book and each set of citations contained therein.

Section 370.020. Procedure of Police Officers. [CC §32.089; Ord. No. 160, 2-4-1980] Except when authorized or directed under State law to immediately take a person before the Municipal Judge for the violation of any traffic laws, a Police Officer who halts a person for such violation other than for the purpose of giving him a warning or warning notice and does not take such person into custody under arrest, shall issue to him a uniform summons and complaint which shall be proceeded upon in accordance with Supreme Court Rule Number 37.

Section 370.030. Uniform Traffic Ticket to Be Issued When Vehicle Illegally Parked or Stopped. [CC §32.090; Ord. No. 160, 2-4-1980] Whenever any motor vehicle without driver is found parked or stopped in violation of any of the restrictions imposed by ordinance of the City or by State law, the Officer finding such vehicle shall take its registration number and may take any other information displayed on the vehicle which may identify its user, and shall conspicuously affix to such vehicle a uniform traffic ticket for the driver to answer to the charge against him within five (5) days during the hours and at a place specified in the traffic ticket.

Section 370.040. Warning of Arrest Sent Upon Failure to Appear. [CC §32.091; Ord. No. 160, 2-4-1980; Ord. No. 653 §2, 12-20-1999] If a violator of the restrictions on stopping, standing or parking under the traffic laws or ordinances does not appear in response to a uniform traffic ticket affixed to such motor vehicle within a period of five (5) days, the Violations Bureau shall send to the owner of the motor vehicle to which the traffic ticket was affixed a letter informing him of the violation and warning him that in the event such letter is disregarded for a period of five (5) days a warrant of arrest will be issued. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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Section 370.050. Police May Remove Vehicle — When. [CC §32.092; Ord. No. 160, 2-4-1980] A.

Members of the Police Department are authorized to remove a vehicle from a street or highway to the nearest garage or other place of safety, or to a garage designated or maintained by the Police Department, or otherwise maintained by the City under the circumstances hereinafter enumerated: 1.

When any vehicle is left unattended upon any bridge, viaduct, or causeway, or in any tube or tunnel where such vehicle constitutes an obstruction to traffic;

2.

When a vehicle upon a highway is so disabled as to constitute an obstruction to traffic and the person in charge of the vehicle is by reason of physical injury incapacitated to such an extent as to be unable to provide its custody or removal;

3.

When any vehicle is left unattended upon a street and is so parked illegally as to constitute a definite hazard or obstruction to the normal movement of traffic.

B.

Whenever an Officer removes a vehicle from a street as authorized in this Section and the Officer knows or is able to ascertain from the registration records in the vehicle the name and address of the owner thereof, such Officer shall immediately give or cause to be given notice in writing to such owner of the fact of such removal and the reasons therefor and of the place to which such vehicle has been removed. In the event any such vehicle is stored in a public garage, a copy of such notice shall be given to the proprietor of such garage.

C.

Whenever an Officer removes a vehicle from a street under this Section and does not know and is not able to ascertain the name of the owner, or for any other reason is unable to give the notice to the owner as hereinbefore provided, and in the event the vehicle is not returned to the owner within a period of three (3) days, then and in that event the Officer shall immediately send or cause to be sent a written report of such removal by mail to the State Department whose duty it is to register motor vehicles, and shall file a copy of such notice with the proprietor of any public garage in which the vehicle may be stored. Such notice shall include a complete description of the vehicle, the date, time, and place from which removed, the reasons for such removal, and the name of the garage or place where the vehicle is stored.

Section 370.060. Removal of Vehicle — Duties of Police. [CC §36.51; Ord. No. 38, 2-3-1975] A.

Whenever a vehicle is removed from the public streets, avenues or roads of the City of St. John, the Police Officer in charge shall make a reasonable investigation to determine the ownership of the vehicle and address of its owner and shall use reasonable diligence to notify such owner that the vehicle has been impounded under Police authority and is located at a designated place of safekeeping.

B.

If the Police Officer is unable to determine the ownership of the vehicle, he shall within seven (7) days from the day the vehicle is towed, notify the State Motor Vehicle Department of the Impoundment.

Section 370.070. License to Operate Motor Vehicle May Be Deposited in Lieu of Bail — Exceptions — Failure to Appear, Notice to Director of Revenue. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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A.

Any person arrested and charged with violating a traffic law of this City or a traffic ordinance of any city, may, at the discretion of both the officer authorized by law or rule of court to accept bail and the person arrested, deposit his license to operate a motor vehicle with a member of the Highway Patrol or with the officer demanding bail in lieu of any other security for his appearance in court to answer any such charge, except when the charge is for driving while intoxicated, driving while under the influence of intoxicating liquor or drugs, leaving the scene of a motor vehicle accident, driving when his license is suspended or revoked, or for any charge made because of a motor vehicle accident in which a death has occurred.

B.

Notwithstanding the fact that the officer authorized by law or rule of court to accept bail authorizes the person arrested to deposit his license to operate a motor vehicle as his security for his appearance in court, in lieu of depositing his license to operate a motor vehicle, the person arrested may decline to deposit his license to operate a motor vehicle as security and instead deposit a bond with the officer authorized by law or rule of court to accept bail or other such officer demanding bail in the amount of fifty dollars ($50.00) per traffic offense allegedly committed. The officer shall issue a receipt for such a bond to the person and deposit the bond with the Judge, Court Clerk or other officer requiring security for a court appearance.

C.

The Judge, Court Clerk or other officer requiring security for an appearance shall accept the bond or deposit of the license in lieu of bail and, if the license is accepted, shall issue a receipt to the licensee for the license upon a form approved by the Director of Revenue. The licensee may, until he has appeared at the proper time and place as stated in the receipt to answer the charge placed against him, operate motor vehicles while in possession of the receipt, and the receipt shall be accepted in lieu of the license as provided by Section 302.181, RSMo. If a continuance is requested and granted, the licensee shall be given a new receipt for his license.

D.

Whether or not a license to operate a motor vehicle has been deposited in lieu of bail pursuant to this Section, if the driver fails to appear at the proper time to answer the charge placed against him, the Clerk of the Court, or the Judge of the Court if there is no clerk, shall within ten (10) days notify the Director of Revenue of the failure to appear, and the Director shall thereafter withhold any renewal of the license or the issuance of a duplicate license to the licensee until notified by the court that the charge has been reduced to final judgment.

Chapter 375. Vehicle Equipment Section 375.010. Light Regulations. [CC §32.110; Ord. No. 160, 2-4-1980; Ord. No. 858 §1, 6-19-2006; Ord. No. 898 §1, 3-3-2008] A.

Definitions for light regulations are as follows: APPROVED Approved by the Director of Revenue and when applied to lamps and other illuminating devices means that such lamps and devices must be in good working order. AUXILIARY LAMP An additional lighting device on a motor vehicle used primarily to supplement the head lamps in providing general illumination ahead of a vehicle. HEADLAMP A major lighting device capable of providing general illumination ahead of a vehicle. MOUNTING HEIGHT


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The distance from the center of the lamp to the surface on which the vehicle stands. MULTIPLE-BEAM HEADLAMPS Headlamps or similar devices arranged so as to permit the driver of the vehicle to use one (1) of two (2) or more distributions of light on the road. REFLECTOR An approved device designed and used to give an indication by reflected light. SINGLE-BEAM HEADLAMPS Headlamps or similar devices arranged so as to permit the driver of the vehicle to use but one (1) distribution of light on the road. VEHICLE Every device in, upon or by which a person or property is or may be transported upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks. WHEN LIGHTED LAMPS ARE REQUIRED At any time from a half-hour after sunset to a half-hour before sunrise and any other time when there is not sufficient light to render clearly discernible persons and vehicles on the highway at a distance of five hundred (500) feet ahead. Lighted lamps shall also be required any time the weather conditions require usage of the motor vehicle's windshield wipers to operate the vehicle in a careful and prudent manner as defined in Section 304.012, RSMo. The provision of this Section shall be interpreted to require lighted lamps during periods of fog even if usage of the windshield wipers is not necessary to operate the vehicle in a careful and prudent manner. B.

No person shall drive, move, park, or be in custody of any vehicle or combination of vehicles on any street or highway during the times when lighted lamps are required unless such vehicle or combination of vehicles displays lighted lamps and illuminating devices as this Chapter requires.

C.

Every motor vehicle other than a motor drawn vehicle and other than a motorcycle shall be equipped with at least two (2) approved headlamps mounted at the same level with at least one (1) on each side of the front of the vehicle. Every motorcycle shall be equipped with at least one (1) and not more than two (2) approved headlamps. Every motorcycle equipped with a sidecar or other attachment shall be equipped with a lamp on the outside limit of such attachment capable of displaying a white light to the front.

D.

Every person driving a motor vehicle equipped with multiple beam road lighting equipment during the times when lighted lamps are required shall use a distribution of light or composite beam directed high enough and of sufficient intensity to reveal persons and vehicles at a safe distance in advance of the vehicle. Whenever the driver of a vehicle approaches an oncoming vehicle within five hundred (500) feet or within three hundred (300) feet to the rear of another vehicle traveling in the same direction, the driver shall use a distribution of light or composite beam so aimed that the glaring rays are not projected into the eyes of the other driver.

E.

Every motor vehicle and every motor-drawn vehicle shall be equipped with at least two (2) rear lamps, not less than fifteen (15) inches or more than seventy-two (72) inches above the ground upon which the vehicle stands, which when lighted will exhibit a red light plainly visible from a distance of five hundred (500) feet to the rear. Either such rear lamp or a separate lamp shall be so constructed and placed as to illuminate with a white light the rear registration marker and render it clearly legible from a distance of fifty (50) feet to the rear. When the rear registration marker is illuminated by an electric lamp other than the required rear lamps, all such lamps shall be turned on or off only by the same control switch at all times.

F.

Any motor vehicle may be equipped with a backup lamp, either separately or in combination with another lamp, except that no such backup lamp shall be continuously lighted when the motor vehicle is


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in a forward motion. G.

Any motor vehicle may be equipped with not to exceed one (1) spotlamp but every lighted spotlamp shall be so aimed and used so as not to be dazzling or glaring to any person.

H.

Headlamps when lighted shall exhibit light substantially white in color; auxiliary lamps, cowl lamps and spotlamps, when lighted, shall exhibit lights substantially white, yellow or amber in color. No person shall drive or move any vehicle or equipment, except a school bus when used for school purposes or any emergency vehicle upon any street or highway with any lamp or device thereon displaying a red light visible from directly in front thereof.

I.

Lighted lamps shall be required any time the weather conditions require the usage of the motor vehicle's windshield wipers to operate the vehicle in a careful and prudent manner. The provisions of this Section shall be interpreted to require lighted lamps during periods of fog even if usage of the windshield wipers is not necessary to operate the vehicle in a careful and prudent manner.

Section 375.020. Other Equipment of Motor Vehicles. A.

Signaling Devices. Every motor vehicle shall be equipped with a horn, directed forward, or whistle in good working order, capable of emitting a sound adequate in quantity and volume to give warning of the approach of such vehicle to other users of the highway and to pedestrians. Such signaling device shall be used for warning purposes only and shall not be used for making any unnecessary noise, and no other sound-producing signaling device shall be used at any time.

B.

Muffler Cutouts. Muffler cutouts shall not be used and no vehicle shall be driven in such manner or condition that excessive and unnecessary noises shall be made by its machinery, motor, signaling device, or other parts, or by any improperly loaded cargo. The motors of all motor vehicles shall be fitted with properly attached mufflers of such capacity or construction as to quiet the maximum possible exhaust noise as completely as is done in modern gas engine passenger motor vehicles. Any cutout or opening in the exhaust pipe between the motor and the muffler on any motor vehicle shall be completely closed and disconnected from its operating lever, and shall be so arranged that it cannot automatically open, or be opened or operated while such vehicle is in motion.

C.

Brakes. All motor vehicles, except motorcycles, shall be provided at all times with two (2) sets of adequate brakes, kept in good working order, and motorcycles shall be provided with one (1) set of adequate brakes kept in good working order.

D.

Mirrors. All motor vehicles which are so constructed or loaded that the operator cannot see the road behind such vehicle by looking back or around the side of such vehicle shall be equipped with a mirror so adjusted as to reveal the road behind and be visible from the operator's seat.

E.

Projections on Vehicles. All vehicles carrying poles or other objects, which project more than five (5) feet from the rear of such vehicle, shall, during the period when lights are required by this Chapter, carry a red light at or near the rear end of the pole or other object so projecting. At other times a red flag or cloth, not less than sixteen (16) inches square, shall be displayed at the end of such projection.

F.

Towlines. When one (1) vehicle is towing another, the connecting device shall not exceed fifteen (15) feet. During the time that lights are required by Sections 307.020 to 307.120, RSMo., the required lights shall be displayed by both vehicles. Every towed vehicle shall be coupled to the towing vehicle by means of a safety chain, cable, or equivalent device in addition to the primary coupling device, except that such secondary coupling device shall not be necessary if the connecting device is connected to the towing vehicle by a center-locking ball located over or nearly over the rear axle and not supported by the rear bumper of the towing vehicle. Such secondary safety connecting devices shall be of sufficient strength to control the towed vehicle in the event of failure of the primary coupling device. The


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provisions of this subsection shall not apply to wreckers towing vehicles or to vehicles secured to the towing vehicle by a fifth-wheel type connection. G.

The provisions of Subsection (F) of this Section shall not apply to farm implements, or to any vehicle which is not required to be registered.

H.

Commercial Motor Vehicles And Trailers. When being operated on any highway of this City shall be equipped with adequate and proper brakes, lighting equipment, signaling devices, steering mechanisms, horns, mirrors, windshield wipers, tires, wheels, exhaust system, glazing, air pollution control devices, fuel tank, and any other safety equipment required by the state in such condition so as to obtain a certificate of inspection and approval as required by the provisions of Section 307.360.

I.

Devices attached to or towed by motor vehicles for the purpose of transporting hay shall have the protruding parts raised or retracted when not in use to a position which will not cause injury or damage to persons or property in the vicinity of such device when on the highways of this City.

Section 375.030. Seat Belt/Child Passenger Restraint System. [CC §32.125; Ord. No. 300, 7-20-1987; Ord. No. 517 §1, 5-15-1995; Ord. No. 583 §§1 — 2, 10-20-1997; Ord. No. 930 §1, 6-15-2009] A.

Except as otherwise provided in this Section, each driver and front seat passenger of a passenger car manufactured after January 1, 1968, and persons less than eighteen (18) years of age operating or riding in a truck, with a licensed gross weight of less than twelve thousand (12,000) pounds, operated on a street or highway within this City shall wear a properly adjusted and fastened safety belt that meets Federal National Highway, Transportation and Safety Act requirements, except that a child less than four (4) years of age shall be protected as required in Subsection (D) of this Section.

B.

Each driver of a motor vehicle transporting a child four (4) years of age or more, but less than sixteen (16) must wear safety belts in any vehicle which they are riding in.

C.

With respect to Subsections (A) and (B) of this Section: 1.

(Reserved)

2.

The provisions of Subsections (A) and (B) of this Section shall not be applicable to persons who have a medical reason for failing to have a seat belt fastened about his/her body or to any person employed by the United States Postal Service while performing duties for that Federal agency which require the operator to service postal boxes from their vehicle, or which require frequent entry into and exit from their vehicle.

3.

As used in the Subsections (A) and (B) of this Section, the term "passenger car" means every motor vehicle designed for carrying ten (10) persons or less and used for the transportation of persons; except that, the term "passenger car" shall not include motorcycles, motorized bicycles, motortricycles and trucks with a licensed gross weight of twelve thousand (12,000) pounds or more.

D.

Every person transporting a child under the age of four (4) years shall be responsible, when transporting such child in a motor vehicle operated by that person on the streets or highways of this City, for providing for the protection of such child. When traveling in a motor vehicle, the child shall be protected by an approved child passenger restraint system approved by the Department of Public Safety.

E.

No person under the age of eighteen (18) shall be allowed to ride in the unenclosed bed of a truck, with a licensed gross weight less than twelve thousand (12,000) pounds, on any street or highway within the


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City, nor shall anyone operate a truck, with a gross weight less than twelve thousand (12,000) pounds, with persons under the age of eighteen (18) in the unenclosed bed of a truck. The provisions of this Section shall not apply to: 1.

An employee engaged in the necessary discharge of the employee's duties where it is necessary to ride in the unenclosed bed of the truck;

2.

Any person while engaged in agricultural activities where it is necessary to ride in the unenclosed bed of the truck;

3.

Any person riding in the unenclosed bed of a truck while such truck is being operated in a parade, caravan or exhibition which is authorized by the Chief of Police;

4.

Any person riding in the unenclosed bed of a truck if such truck has installed a means of preventing such person from being discharged or such person is secured to the truck in a manner which will prevent the person from being thrown, falling or jumping from the truck;

5.

Any person riding in the unenclosed bed of a truck if such truck is being operated solely for the purpose of participating in a special event and it is necessary that the person ride in such unenclosed bed due to a lack of available seating. "Special event", for the purposes of this Section, is a specific social activity of a definable duration which is participated in by persons riding in the unenclosed bed;

6.

Any person riding in the unenclosed bed of a truck if such truck is being operated solely for the purposes of providing assistance to, or ensuring the safety of other persons engaged in a recreational activity; or

7.

Any person riding in the unenclosed bed of a truck if such truck is the only legally titled, licensed and insured vehicle owned by the family of the person riding in the unenclosed bed and has insufficient room in the passenger cab of the truck to accommodate all passengers in such truck. For the purposes of this Subsection, the term "family" shall mean any persons related within the first degree of consanguinity.

F.

Each person who violates the provisions of Subsection (A) of this Section shall be guilty of an infraction for which a fine not to exceed ten dollars ($10.00) may be imposed. All other provisions of law and court rules to the contrary notwithstanding, no court costs shall be imposed on any person due to a violation of this Section. In no case shall points be assessed against any person, pursuant to Section 302.302, RSMo., for a violation of this Section.

G.

With respect to Subsection (D) of this Section: 1.

Subsection (D) of this Section shall not apply to motor vehicles registered in another State, to a temporary substitute vehicle, or to any public carrier for hire.

2.

Any person who violates Subsection (D) of this Section shall, upon conviction, be subject to a fine of not more than twenty-five dollars ($25.00) and court costs.

Section 375.040. Studded Tires. [CC §32.115; Ord. No. 160, 2-4-1980] No person shall operate any motor vehicle upon any street or highway of this City, between the first (1st) day of April and the first (1st) day of November, while the motor vehicle is equipped with tires containing metal or carbide studs.


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Section 375.050. Vision-Reducing Material Applied to Windshield or Windows Without Permit Prohibited — Penalty — Rules, Procedure. [Ord. No. 603 §1, 4-20-1998] A.

Except as provided in Subsection (B) of this Section, no person shall operate any motor vehicle registered in this State on any public highway or street of the City with any manufactured visionreducing material applied to any portion of the motor vehicle's windshield, sidewings, or windows located immediately to the left and right of the driver which reduces visibility from within or without the motor vehicle. This Section shall not prohibit labels, stickers, decalcomania, or informational signs on motor vehicles or the application of tinted or solar screening material to recreational vehicles as defined in Section 700.010, RSMo., provided that such material does not interfere with the driver's normal view of the road. This Section shall not prohibit factory installed tinted glass, the equivalent replacement thereof or tinting material applied to the upper portion of the motor vehicle's windshield which is normally tinted by the manufacturer of motor vehicle safety glass.

B.

A permit to operate a motor vehicle with a front sidewing vent or window that has a sun screening device, in conjunction with safety glazing material, that has a light transmission of thirty-five percent (35%) or more plus or minus three percent (3%) and a luminous reflectance of thirty-five percent (35%) or less plus or minus three percent (3%) may be issued by the Department of Public Safety to a person having a physical disorder requiring the use of a sun screening device which permits less light transmission and luminous reflectance than allowed under the requirements of this Subsection, the limits of this Subsection may be altered for that permittee in accordance with the physician's prescription. The permit shall allow operation of the vehicle by immediate family members who are husband, wife and sons or daughters who reside in the household.

Chapter 380. Bicycle or Motorized Bicycle Regulations Section 380.010. Definitions. [CC §32.116; Ord. No. 160, 2-4-1980; Ord. No. 709 §1, 8-9-2001] As used in this Chapter, the following words shall have the meanings set out herein: BICYCLE Every vehicle propelled solely by human power upon which any person may ride, having two (2) tandem wheels. ("Bicycle" shall also mean "scooter" as it relates to Sections 380.020 through 380.050 of this Chapter.) MOTORIZED BICYCLE Any two- or three-wheeled device having an automatic transmission and a motor with a cylinder capacity of not more than fifty (50) cubic centimeters, which produces less than three (3) gross brake horsepower, and is capable of propelling the device at a maximum speed of not more than thirty (30) miles per hour on level ground. A motorized bicycle shall be considered a motor vehicle for purposes of any homeowners' or renters' insurance policy. ROLLER BLADES A skate worn on the foot propelled by a row of wheels (also called in-line skates). http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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SCOOTER A device that typically has one (1) front set and one (1) rear set of wheels with a footboard between, steered by a handlebar and is propelled either by pushing one (1) foot against the ground while resting the other foot on the footboard or by a motor. SKATEBOARD A device that typically has one (1) front set and one (1) rear set of wheels with a footboard between and is propelled by pushing one (1) foot against the ground while resting the other foot on the footboard.

Section 380.020. Brakes Required. [CC §32.117; Ord. No. 160, 2-4-1980] Every bicycle shall be equipped with a brake or brakes which shall enable its driver to stop the bicycle within twenty-five (25) feet from the speed of ten (10) miles per hour on dry, level and clean pavement.

Section 380.030. Lights and Reflectors, When Required — Standards to Be Met. A.

Every bicycle and motorized bicycle when in use on a street or highway during the period from onehalf (½) hour after sunset to one-half (½) hour before sunrise shall be equipped with the following: 1.

A front-facing lamp on the front or carried by the rider which shall emit a white light visible at night under normal atmospheric conditions on a straight, level, unlighted roadway at five hundred (500) feet;

2.

A rear-facing red reflector, at least two (2) square inches in reflective surface area, on the rear which shall be visible at night under normal atmospheric conditions on a straight, level, unlighted roadway when viewed by a vehicle driver under the lower beams of vehicle headlights at six hundred feet;

3.

Essentially colorless or amber reflectors on both the front and rear surfaces of all pedals. Each pedal reflector shall be recessed below the plane of the pedal or reflector housing. Each reflector shall be at least ninety one-hundredths square inches in projected effective reflex area, and must be visible at night under normal atmospheric conditions on a straight, level, unlighted roadway when viewed by a vehicle driver under the lawful lower beams of vehicle headlights at two hundred (200) feet; and

4.

A side-facing essentially colorless or amber reflector visible on each side of the wheel mounted on the wheel spokes of the front wheel within three (3) inches of the inside of the wheel rim and a side-facing essentially colorless or red reflector mounted on the wheel spokes of the rear wheel within three (3) inches of the inside of the wheel rim, or continuous retroreflective material on each side of both tires which shall be at least three-sixteenths (3/16) of an inch wide. All such reflectors or retroreflective tire sidewalls shall be visible at night under normal atmospheric conditions on a straight, level, unlighted roadway when viewed by a vehicle driver under the lawful lower beams of vehicle headlights at three hundred feet. The provisions of this subdivision shall not apply to motorized bicycles which comply with National Highway Traffic and Safety Administration regulations relating to reflectors on motorized bicycles.

Section 380.040. Rights and Duties of Bicycle or Motorized http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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Bicycle Riders. [CC §32.119; Ord. No. 160, 2-4-1980] Every person riding a bicycle or motorized bicycle upon a street or highway of the City shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle as provided by this Title.

Section 380.050. Riding to Right. [CC §32.120; Ord. No. 160, 2-4-1980] A.

Every person operating a bicycle upon a street or highway of this City shall ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction.

B.

Wherever a usable path for bicycles, practical for sustained riding for transportation purposes, has been officially designated adjacent to a street or highway, bicycle riders shall use such path and shall not use the street or highway.

Section 380.060. Use of Helmets. [Ord. No. 709 §2, 8-9-2001] It shall be unlawful for a parent or guardian to permit a child under the age of seventeen (17) to operate or be a passenger on any bicycle, non-motorized scooter, roller blades, roller skates or skateboard without protective headgear which properly fits and is fastened securely upon the head of the operator or passenger. Said headgear, also known as a bicycle helmet, shall meet or exceed the impact standard for protective bicycle helmets or set by the Safety Commission, The American National Standards Institute.

Section 380.070. Motorized Scooters. [Ord. No. 709 §3, 8-9-2001] The operation of non-licensed motorized scooters on public streets and sidewalks within the City of St. John is hereby prohibited.

Section 380.080. Traffic Laws to Apply. [Ord. No. 709 §4, 8-9-2001] A.

Every person operating or riding a bicycle, scooter, roller blades, roller skates and skateboards upon a roadway, street or alleyway's granted all the rights and is subject to all the duties applicable to the driver of a vehicle by the laws of this State and City declaring rules of the road applicable to the driver of a vehicle, except as to special regulations in this Chapter, and except as to those permissions of law and ordinance which by their nature, can have no application.

B.

Any person operating a bicycle, scooter, roller blades, roller skates or skateboard shall obey the instructions of official traffic control devices applicable to vehicles, unless otherwise directed by a Police Officer.


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C.

Every person operating or riding on a bicycle, scooter, roller blades, roller skates or skateboard shall ride as near to the right side of the roadway or street as practicable and shall exercise due care when passing a standing vehicle or one proceeding in the same direction.

D.

Persons riding bicycles, scooters, roller blades, roller skates or skateboards upon a road or street shall not ride more than two (2) abreast.

E.

The operators of a bicycle, scooter, roller blades, roller skates or skateboard emerging from an alleyway, private roadway, driveway or sidewalk shall, upon approaching a sidewalk, yield the right-ofway to all pedestrians on the sidewalk or sidewalk area. Upon entering a highway, roadway or street, the operator shall yield the right-of-way to all vehicles approaching on the highway, roadway or street.

F.

No person operating a bicycle or scooter shall carry any package, bundle or article which prevents the rider from keeping at least one (1) hand upon the handle bars.

Section 380.090. Failure to Comply With Chapter. [Ord. No. 709 §5, 8-9-2001] Violation Procedure. Any person under the age of seventeen (17) violating any of the Sections of this Chapter will receive a warning for the first (1st) violation and the parent or guardian will be notified in writing. The second (2nd) violation recorded will result in the skateboard, scooter or bicycle being confiscated and held at the St. John Police Department awaiting the redemption of said device by the parent or guardian on such terms as are ordered by the Municipal Court. The third (3rd) and subsequent violations will result in a summons being issued to the parent or guardian of the individual who has violated the Section of this Chapter for failure to comply with Chapter. Any person over the age of seventeen (17) convicted of a violation of any provision of this Chapter shall be subject to the penalties as prescribed in Section 100.010 of the Municipal Code of the City of St. John.

Chapter 385. School Bus Regulations Cross Reference — As to designated school stops, see sch. VIII of this Title.

Section 385.010. Duties of Drivers When Meeting School Buses. [CC §36.01; Ord. No. 38, 2-3-1975] The driver of a vehicle upon the streets of the City of St. John, upon meeting or overtaking from either direction any school bus marked in the manner hereinafter provided, which has stopped on the street for the purpose of receiving or discharging any school children and the driver of which school bus has, in a manner prescribed by this Chapter, given the signal to stop, shall stop the vehicle before reaching such school bus and shall not proceed until such school bus resumes motion, or until signalled by its driver to proceed.

Section 385.020. School Buses, Drivers to Stop for, When — Signs Required on Buses — Bus Driver Responsibilities — Driver Identity Rebuttable Presumption, When. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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Every bus used for the transportation of school children shall bear upon the front and rear thereon a plainly visible sign containing the words "school bus" in letters not less than eight (8) inches in height. Each bus shall have lettered on the rear in plain and distinct type the following: "State Law: Stop while bus is loading and unloading". Each school bus subject to the provisions of Sections 304.050 to 304.070 RSMo., shall be equipped with a mechanical and electrical signaling device approved by the state board of education, which will display a signal plainly visible from the front and rear and indicating intention to stop.

Section 385.030. Meeting School Buses on Divided Roadways. The driver of a vehicle upon a highway with separate roadways need not stop upon meeting or overtaking a school bus which is on a different roadway, which is proceeding in the opposite direction on a highway containing four (4) or more lanes of traffic, or which is stopped in a loading zone constituting a part of, or adjacent to, a limited or controlled access highway at a point where pedestrians are not permitted to cross the roadway.

Section 385.040. Definition of "SCHOOL STOP". [CC §36.10; Ord. No. 38, 2-3-1975] The following word when used in this Chapter, shall have the meaning set out herein: SCHOOL STOP Any designated intersection of two (2) or more public streets or a marked pedestrian crossing of a street at which there shall be displayed a sign or marker on which are the words and figure "school stop".

Section 385.050. Duties of Drivers at "SCHOOL STOPS". [CC §36.12; Ord. No. 38, 2-3-1975] Every motor vehicle, except Fire Department apparatus, Police vehicles, and ambulances while actually in emergency operation, when used or driven on any public street, avenue, place, alley or other public thoroughfare between the hours of 8:00 A.M. to 9:00 A.M., 11:00 A.M. to 1:00 P.M., and 3:00 P.M. to 4:00 P.M., shall be brought to a full and complete stop before passing any street crossing now or hereafter lawfully designated as a school stop and at which there shall be displayed a sign or marker heretofore provided for, and that all other times vehicles shall be driven slowly through such stops; provided however, that when a Police Officer or school crossing watchman shall be stationed at a school stop, his reasonable direction is to be obeyed.

Chapter 390. Licensing and Taxation Article I. Motor Vehicle Registration Requirements Section 390.010. Motor Vehicle Inspection Required. [CC §32.112; Ord. No. 160, 2-4-1980] The owner or driver of every motor vehicle within the City shall submit such vehicle to an annual inspection http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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of the mechanism and equipment in accordance with the provisions of Sections 307.350 to 307.390 RSMo., and obtain a certificate of inspection and approval and a sticker, seal or other device, from a duly authorized official inspection station, which shall be displayed upon the motor vehicle.

Section 390.020. State Registration. [CC §32.106; Ord. No. 160, 2-4-1980] No person shall operate or park a motor vehicle on the streets within the corporate limits of the City without proper State registration and two (2) plates. Said plates must be entirely unobscured and unobstructed, and all parts thereof plainly visible, reasonably clean and securely fastened to the vehicle. One (1) plate shall be displayed on the front and the other plate on the rear of such motor vehicle not less than eight (8) or more than forty-eight (48) inches above the ground, except that on trailers, semi-trailers, and motorcycles, only one (1) plate shall be displayed on the rear thereof.

Section 390.030. Financial Responsibility. [CC §32.126; Ord. No. 385 §§1-3, 6-4-1990] A.

No owner of a motor vehicle registered in this State shall operate the vehicle, or authorize any other person to operate the vehicle, unless the owner maintains the financial responsibility as required by Chapter 303 of the Revised Statutes of Missouri. Furthermore, no person shall operate a motor vehicle owned by another with the knowledge that the owner has not maintained financial responsibility unless such person has financial responsibility which covers his operation of the motor vehicle.

B.

Any person who operates a motor vehicle on the highways or streets of the City of St. John shall upon request of any officer display evidence of financial responsibility in conformity with Chapter 303 of the Revised Statutes of Missouri.

C.

Any person who violates a provision of this Section shall be guilty of a misdemeanor.

Article II. (Reserved) [1]:

Editor's Note — Ord. no. 922 §1, adopted November 3, 2008, repealed sections 390.040 — 390.150 dealing with motor vehicle taxation in its entirety. Former sections 390.040 — 390.150 derived from CC §§8.10, 8.11 — 8.23; ord. no. 23, 10-7-74; ord. no. 132, 11-20-78; ord. no. 425 §1, 3-16-92.

Section 390.040. through Section 390.150. (Reserved)

Article III. Driver's License Section 390.160. Certification for Operator of Motor Vehicle. [CC §32.105; Ord. No. 160, 2-4-1980] A.

All persons operating a motor vehicle in the City shall possess a valid State license, and comply with any restrictions imposed by that license.


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B.

All motorcycle operators within the City must possess a valid State certification to operate a motorcycle.

C.

It shall be unlawful for the owner of any motor vehicle to permit any person to operate such vehicle on the streets of the City without a valid State license.

D.

It shall be unlawful for any person under the age of sixteen (16) and possessing a valid temporary instruction permit to operate a vehicle unless a parent or guardian who has a valid State license is occupying a seat beside him or her.

Article IV. Automobile Dealers Section 390.170. Metal Tags. [CC §8.26; Ord. No. 23, 10-7-1974] It shall be lawful for the City Manager to issue metal tags in lieu of City stickers to authorized automobile dealers.

Section 390.180. Automobile Dealers. [CC §8.27; Ord. No. 23, 10-7-1974] Authorized automobile dealers shall submit an application requesting any number of metal tags to be used in their business which will correspond to the number of dealer plates issued by the State of Missouri to said dealer.

Section 390.190. Cost. [CC §8.28; Ord. No. 23, 10-7-1974] The cost for each metal tag issued by the City Manager shall be six dollars ($6.00), and said tag shall be valid for a period of one (1) year from January first (1st) until December thirty-first (31st).

Section 390.200. Applicability. [CC §8.29; Ord. No. 23, 10-7-1974] These Sections apply only to authorized automobile dealers doing business in the City of St. John whose principle business activity is the sale of new automobiles.

Schedule I. Speed Limits Table I-A. Speed Limits. [Ord. 729 §1, 4-1-2002; Ord. No. 747 §1, 7-1-2002] No person shall operate a motor vehicle (except emergency vehicle on emergency calls) on any street http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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within the corporate limits of the City of St. John, at a speed in excess of twenty (20) miles per hour, except on those streets listed below: Ord. No. Location Speed 729 § 1 Brown Road 30 mph McKibbon Road - From Hume Avenue to City Limits 25 mph North Avenue - From Valleywood West to Woodson Road 25 mph St. Charles Rock Road 40 mph Valleywood Avenue - From Endicott north to Ginger 15 mph Woodson Road 40 mph Interstate 170 60 mph School Zone: From 600 feet north of St. Charles Rock Road to the 15 mph northern intersection of Jonell Court regulating traffic for northbound and southbound vehicles on Gordon Avenue, (only when schools are in session between 7:30 A.M. and 4:30 P.M.) 747 §1 Janet Court 15 mph

Schedule II. Major Streets Table II-A. Major Streets. The following streets in the City of St. John are hereby designated as Major Streets: Ord. No. Location CC §33.01, 38 Brown Road McKibbon Road St. Charles Rock Road Woodson Road

Schedule III. Stop Intersections In accordance with Section 330.010 of this Title and when signs are erected giving notice thereof, traffic at the intersections listed in this Schedule shall be required to stop as specified in this Schedule.

Table III-A. Four-Way Stop Streets. The following intersections are designated as Four-Way Stops: Ord. No. Intersection CC §33.02, 38, 128, 176 North Avenue and Boswell Avenue North Avenue and Eminence Avenue CC §33.02, 396 Edmundson Road and Roslan Avenue North Avenue and Gordon Avenue CC §33.02, 38, 128, 176 Bristol and Charlack Avenues Brown Road and North Avenue Eminence Avenue and St. Louis Avenue Gordon and Leenora Avenues Havenbrook and Belhaven Avenues http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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McKibbon Road and North Avenue Orland and Bristol Avenues Ridgeway and Hume Avenues Walton Road and Hume Avenue

Table III-B. Three-Way Stop Streets. The following intersections are designated as Three-Way Stops: Ord. No. Intersection Ord. No. 638 §1 Boswell and Bobb Avenues CC §33.03, 38, 346 Hume and Endicott Avenues Valleywood and Markdale Avenues Valleywood and North Avenues

Table III-C. Two-Way Stop Streets. The following intersections are designated as Two-Way Stops: Ord. No. Intersection CC §33.04, 38 Brown and McNulty - On McNulty for east and westbound traffic Brown and St. Louis - On St. Louis for east and westbound traffic Calvert and North - On Calvert for north and southbound traffic Edmund and Edmundson - On Edmund for east and westbound traffic Hume Avenue - On the northeast and southwest corners at the intersection with Hilleman Avenue North and Woodson - On North for east and westbound traffic Roy and North - On Roy for north and southbound traffic St. Charles Lane and Eminence - On St. Charles Lane for east and westbound traffic 515 Eminence Avenue and Bobb Avenue - Controlling traffic for northbound Eminence traffic and for eastbound Bobb Avenue traffic

Table III-D. One-Way Stop Streets. [Ord. No. 638 § 3, 6-21-1999; Ord. No. 667 § 1, 8-7-2000] The following intersections are designated as One-Way Stops: Ord. No. Intersection CC §33.05, 163 Hume and Kincaid - Northeast corner of Kincaid for southbound traffic Burdella and Edmundson - Northeast corner of Burdella for westbound traffic North and Edmundson - Northeast corner for westbound traffic CC §33.05, 38 Roslyn and Calvert - Southwest corner of Roslyn for eastbound traffic CC §33.05, 184 Edmund and Calvert - Southwest corner of Edmund for eastbound traffic Bobb and Gordon - Southeast corner of Gordon for northbound traffic Marvin and North - Northwest corner of Marvin for southbound traffic Eminence and Bobb - Southwest corner of Eminence for eastbound traffic http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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McNulty Drive and Eminence - Northeast and Southwest corner of McNulty for westbound traffic Bobb and Brown Road - Southwest corner of Bobb for eastbound traffic

CC §33.05, 38 CC §33.05, 153 CC §33.05, 116

Pallardy and Brown Road - Southwest corner of Pallardy for eastbound traffic Patrice Place and North - Northwest corner of Patrice for southbound traffic Rosemore Place and Brown Road - Southwest corner of Rosemore for eastbound traffic Winterowd Place and Brown Road - Southwest corner of Winterowd for eastbound traffic Marshall and North - Southeast corner of Marshal for northbound traffic Marshall and North - Northwest corner of Marshall for southbound traffic Engler and McKibbon Road - Northeast corner of Engler for westbound traffic Norman and North - Southeast corner of Norman for northbound traffic Wood and Connor - Northeast corner of Wood for westbound traffic Connor and Ramona - Northwest corner of Connor for southbound traffic Ridgeway and Betty Lee - Southeast corner of Ridgeway for northbound traffic Valleywood and Engler - Southeast corner Valleywood for northbound traffic Valleywood and Endicott - Southwest corner of Valleywood for eastbound traffic Betty Lee and Endicott - Southwest corner of Betty Lee for eastbound traffic Moran and McKibbon - Northeast corner of Moran for westbound traffic Marvista and McKibbon - Southwest corner of Marvista for eastbound traffic Ardelia and McKibbon - Northeast corner of Ardelia for westbound Hagner and McKibbon - Northeast corner of Hagner for westbound traffic Mavis and McKibbon - Southwest corner of Mavis for eastbound traffic Belhaven and McKibbon - Northeast corner of Belhaven for westbound traffic Ezra and McKibbon - Southwest corner of Ezra for eastbound traffic Susan and McKibbon - Southwest corner of Susan for eastbound traffic David and McKibbon - Southwest corner of David for eastbound traffic Havenbrook and McKibbon - Northeast corner of Havenbrook for westbound traffic Crocus Lane and McKibbon -Southwest corner of Crocus Lane for eastbound traffic St. Charles Rock Road and McKibbon - Northwest corner of McKibbon for eastbound traffic David and Brown Road - Northeast corner of David for westbound traffic Renz and Endicott - Southwest corner of Renz for eastbound traffic St. Charles Rock Road and Endicott - Northwest corner of Endicott for southbound traffic St. Charles Rock Road and Ridgeway - Northwest corner of Ridgeway for southbound traffic St. Charles Rock Road and Walton Road - Northwest corner of Walton for


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southbound traffic St. Charles Rock Road and Burton - Southeast corner of Burton for northbound traffic St. Charles Rock Road and Marshall - Southeast corner of Marshall for northbound traffic St. Charles Rock Road and Eminence - Northwest corner of Eminence for southbound traffic St. Charles Rock Road and Lindscott - Northwest corner of Lindscott for southbound traffic St. Charles Rock Road and Boswell - Northwest corner of Boswell for southbound traffic St. Charles Rock Road and Gordon - Northwest corner of Gordon for southbound traffic St. Charles Rock Road and Calvert - Northwest corner of Calvert for southbound traffic St. Charles Rock Road and Dix - Northwest corner of Dix for southbound traffic St. Charles Rock Road and Joel Court - Northwest corner of Joel for southbound traffic Condor and Orland - Northeast corner of Condor for westbound traffic Bristol and Orland - Northeast corner of Bristol for westbound traffic St. Charles Lane and Lindscott - Northeast corner of St. Charles Lane for westbound traffic Hume and McKibbon - Northeast corner of Hume for westbound traffic St. Charles Rock Road and Marshall - Northwest corner of Marshall for northbound traffic Marshall and Tudor - Northwest corner of Marshall for northbound traffic Engler and Natural Bridge - Southeast corner of Engler for northbound traffic St. Charles Rock Road and Charlack - Southeast corner of Charlack for northbound traffic

CC §33.05, 283

Charlack and St. Louis - Southeast corner of Charlack for northbound traffic Charlack and St. Charles Lane - Northwest corner of Charlack for southbound traffic Orland and St. Charles Rock Road - Southeast corner or Orland for northbound traffic Francis Court and North Avenue - Southeast corner of Francis Court for northbound traffic North and Calvert - Northeast corner of North, Southwest corner of North Southeast corner of Wood and Connor Avenues - regulating northbound traffic Northwest corner of Connor and Outerbelt Avenues - regulating southbound traffic Southeast corner of Connor and Outerbelt Avenues - regulating northbound traffic Northeast corner of Connor and Ramona Avenues - regulating westbound traffic Southwest corner of Ramona and Connor Avenues - regulating eastbound traffic Southeast corner of Kincaid and Betty Lee - regulating northbound traffic on


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CC §33.05, 308

CC §33.05, 413 CC §33.05, 420 CC §33.05, 439

511 518 533 CC §33.05, 38 667

Kincaid Southwest corner of Condor and Charlack Avenues - regulating eastbound traffic on Condor Northwest corner of Roy and North Avenues - regulating southbound traffic on Roy Avenue Northeast corner of Ritenour Court and Boswell - regulating westbound traffic on Ritenour Court Northeast corner of Mavis and Marshall - regulating westbound traffic on Mavis Northwest corner of Madeline and Engler - regulating the southbound traffic on Madeline Northeast corner of Drury Industrial Drive at Endicott Avenue - regulating westbound traffic on Drury Industrial Drive Maryknoll and Marvista - southwest corner of Maryknoll for southbound traffic Quik Trip plot - southwest exit - control vehicles exiting lot onto Ridgeway Avenue Quik Trip plot - northwest exit - control vehicles exiting lot onto Ridgeway Avenue Lackland Avenue and St. John Industrial Avenue - control southbound traffic on St. John Industrial Court. Boswell Avenue and Patrick Avenue - controlling westbound traffic on Patrick Avenue. McKibbon Road and Mavis Avenue - control southbound traffic on McKibbon Road. First Baptist Church - Hume Avenue - Sundays-8:00 A.M. - 1:00 P.M. church stop Wednesday-7:00 P.M. - 9:00 P.M. Havenbrook and Hagner - Southeast corner of Havenbrook and Hagner for northbound traffic on Havenbrook.

Table III-E. Electric Stop Signals. The following intersections have Electric Stop Signals: Ord. No. Intersection CC §33.08, 38 St. Charles Rock Road and Lackland Road St. Charles Rock Road and McKibbon Road St. Charles Rock Road and Brown Road St. Charles Rock Road and Woodson Road St. Charles Rock Road and Edmundson Road

Schedule IV. Yield Intersections Table IV-A. Yield Intersections. In accordance with Sections 330.040 and 330.060 of this Title and when signs are erected giving notice thereof, traffic at the intersections listed in this Schedule shall be required to yield, as specified in this Schedule: http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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Ord. No. CC §33.06, 38

Location Melody Lane and Ridgeway - Southeast corner of Melody Lane for southbound traffic

Schedule V. Prohibited Parking Table V-A. Prohibited Parking. [Ord. No. 773 §1, 7-7-2003; Ord. No. 866 §1, 8-7-2006] Parking is prohibited at all times in the following locations when properly signposted: Ord. No. Name of Street CC §36.40, 198 Betty Lee Avenue, South side between Walton Road and Hilleman Avenue CC §36.40, 244 Bobb Avenue, South side from Gordon Avenue east to Boswell Avenue South side from Boswell east to Herbert Avenue North side from Gordon Avenue east to Boswell Avenue CC §36.40, 486 West side of Brown Road from St. Charles Lane north 957.3 feet at all times. West and east sides from St. Charles Rock Road to Bristol CC §36.40, 122 Edmundson Road, East side from St. Charles Rock Road north to City limits CC §36.40, 38 Endicott Avenue, West side from the intersection with Valleywood Drive, a distance of approximately two hundred ten (210) feet north to the end of the existing guard rail. CC §36.40, 248 Gordon Avenue, West side of Gordon Avenue from St. Charles Rock Road north a distance of three hundred sixty five (365) feet north to the south property line of 3527 Gordon East side of Gordon Avenue from St. Charles Rock Road north a distance of six hundred fifty (650) feet north to the south side of the Marvin School driveway exit. CC §36.40, 137 Hume Avenue, North side from McKibbon Road to Walton Road CC §36.40, 122 Marshall Avenue, West side from north property line of 3225 Marshall to St. Charles Rock Road CC §36.40, 38, Ord. McKibbon Road, West side for a distance of two hundred (200) feet north from north curb No. 527 §1 of Mavis Place CC §36.40, 122 West side from St. Charles Rock Road north to Marvin Avenue East side from Hagner Avenue to the south side of North Avenue CC §36.40, 94 West side from St. Charles Rock Road intersection south to City limits CC §36.40, 166 North Avenue, North side between Brown and Eminence CC §36.40, 239 South side from Woodson Road to Boswell Avenue North side from Edmundson Road to the west side of Marvin Avenue CC §36.40, 133 South side at the northbound intersection of Marshall Avenue a distance of fifty-four (54) feet west of the west intersection line of Marshall Avenue and fifty-four (54) feet east of the east intersection line of Marshall Avenue CC §36.40, 133 South side between Eminence Avenue and Brown Road CC §36.40, 14 North and south sides from Woodson Road east to Gordon Avenue CC §36.40, 206 North Valleywood, East and north side of Valleywood from Endicott http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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CC §36.40, 38 CC §36.40, 38 CC §36.40, 227 CC §36.55, 354

CC §36.40, 460 CC §36.40, 475 §1

Ord. No. 660 Ord. No. 787

Avenue to the north curb line of Ginger Avenue Orlando Avenue, East side of Orlando Avenue south to the City limits from St. Charles Rock Road Pallardy Lane, North side a distance of forty (40) feet from the most western end St. Charles Rock Road, South side from Masterson west for two hundred (200) feet North side, between I-170 and McKibbon Road — the parking of vehicles, trailers or other types of conveyances is hereby prohibited on the north side of Route 180 (St. Charles Rock Road) from the westernmost edges of I-170 to three hundred eighty-six (386) feet east of McKibbon and from two hundred seventy-eight (278) feet east of McKibbon to McKibbon. The area from two hundred seventy-eight (278) to three hundred eighty-six (386) feet east of McKibbon will have parking reserved for handicapped only. Justified emergency stops shall not be considered a violation of this Schedule provided that the owner or operator of a disabled vehicle takes immediate necessary steps to have the vehicle removed. All vehicles or other conveyances illegally parked in any section of this prohibited parking area may be issued a citation and the vehicle, trailer or other conveyance may be towed and impounded at the owner's expense. On the east side of McKibbon Avenue at all times from a point where the driveway of the North County Fire Alarm intersects McKibbon Avenue and one hundred twenty (120) feet south of this point. On the west side of Orland Avenue between St. Charles Rock Road south to the City limits from 7:00 A.M. - 8:00 A.M. and from 1:30 P.M. - 2:30 P.M. on school days only except for school buses loading and unloading students. South side of St. Charles Rock Road from the eastbound exit ramp from I170 onto eastbound St. Charles Rock Road to Lackland Avenue. Jonell Court, the west side of the street (i.e. the entire inside part of the "U".) 8800 Block of McNulty Avenue, the south side of the street, beginning one hundred four (104) feet east of Brown Road and running eastward for one hundred sixteen (116) feet.

Schedule VI. Limited Parking In accordance with Chapter 360 of this Title the following locations when signposted, shall have certain parking limitations as set out herein:

Table VI-A. Tow-Hour Parking. [Ord. No. 589 §1, 12-15-1997; Ord. No. 866 §2, 8-7-2006] Ord. No. Name of Street CC §36.40, 82 East Side of Charlack Avenue from the south line of St. Charles Rock Road to the alley South side of St. Charles Rock Road from the east line of Charlack Avenue to the west line of Brown Road http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

Hours/Day's Prohibited 2 hour limit - between 8:00 A.M. 5:00 P.M.

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CC §36.40, 38 CC §36.40, 391

West side of Marshall Avenue from a point two hundred (200) feet south of an intersecting line with Crocus Lane to the north line of St. Charles Rock Road Lindscott Avenue, both sides from St. Charles Rock Road to Jane Court Bobb Avenue, south side, four hundred (400) feet west Eminence Avenue on the west side of Hilleman Avenue; one hundred seventy-five (175) feet north from Engler Avenue; three hundred seventy (370) feet west of Brown Road west to Charlack Condor Avenue, 9000 block, both sides, between Charlack Avenue and Orlando Avenue Bristol Avenue, 9000 block, both sides between Charlack Avenue and Orlando Avenue

2 hour limit - between 8:00 A.M. 4:00 P.M., Monday - Friday 2 hour limit- between 8:00 A.M. 4:00 P.M. Exceptions: Saturdays, Sundays, Holidays

Table VI-B. Four-Hour Parking. Ord. No. CC §36.40, 82

Name of Street Hours/Day's Prohibited St. Charles Rock Road, South side between 4 hour limit - between 8:00 A.M. the east line of Brown Road and a point two 5:00 P.M. Monday - Friday hundred fifteen (215) feet east of said line South side between the west line of Burton Avenue and the west line of Endicott Avenue Brown Road, South side between the south line of Bristol Avenue and the intersection of the southerly limits of the City of St. John East side between the point on the east side of said Brown Road and directly opposite the intersection of the south line of Bristol Avenue with the west line of Brown Road and the intersection of the southerly limits of the City of St. John with said Brown Road Marshall Avenue, East side between the north line of St. Charles Rock Road and a point three hundred (300) feet north of said north line.

Table VI-C. Thirty Minute Parking. Editor's Note — Ord. no. 636 §1, adopted April 19, 1999, repealed the provisions of table VI-C. thirty minute parking of sch. VI. limited parking. Said former table derived from CC §36.40, 89.

Table VI-D. Fifteen Minute Parking. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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Ord. No. CC §36.40, 348

Name of Street Marshall Avenue, East side, area in front of Ritenour Community Education Center between signs so restricting said parking

Hours/Days Prohibited 15 minute - limit between 8:00 A.M. 5:00 P.M., Monday - Friday

Table VI-E. Miscellaneous Parking Provisions. Ord. No. CC §36.40, 38 CC §36.40, 38

CC §36.40, 166 773 §2

866 §3

Name of Street Hours/Days Prohibited Bristol Avenue, Both sides, from Charlack 9:00 A.M. - 3:00 P.M. School days Avenue west to Orlando Avenue only Hume Avenue, North side from the Sundays intersection of McKibbon Avenue and Hume, a distance of three hundred twenty (320) feet North Avenue, South side between Brown 7:00 A.M. - 6:00 P.M. Road and Eminence Avenue West side of Orlando Avenue, a distance of 7:00 A.M. - 3:00 P.M. on school days, twenty-five (25) feet north from the Ritenour restricted to school bus parking High School exit and a distance of thirty-five (35) feet south of St. Charles Rock Road Brown Road, west side of Brown Road from Restricted to parking 6:00 A.M. — the boundary line of the City of St. John and 9:00 A.M. and 3:00 P.M. — 6:00 P.M. the City of Berkeley to the north side of Monday thru Friday Rosemore Place

Schedule VII. Residential Parking Zones Table VII-A. Residential Parking Zones. [Ord. No. 546 §1, 6-17-1996; Ord. No. 766 §1, 5-19-2003] In accordance with Section 360.080 the following locations shall be designated Residential Parking Zones: Ord. No. Location CC §36.41, 390 Both sides of the 9000 block of Bristol Avenue between Charlack Avenue and Orlando Avenue CC §36.41, 410 Zone III, North side of Hume Avenue, three hundred twenty (320) feet east of McKibbon to Walton Road

Schedule VIII. School Stops Table VIII-A. School Stops. The following street intersections and street crossings are hereby designated as School Stops: Ord. No. Location CC §36.11, 38 Brown Road at St. Louis Avenue Hume and Hilleman Avenues http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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Marshall Avenue at Crocus Lane McKibbon Road at Crocus Lane McKibbon Road - Hume Avenue at St. Charles Rock Road St. Charles Rock Road and Marshall Avenue

Schedule IX. Turning Restrictions Table IX-A. Turning Restrictions. In accordance with Chapter 310 of this Title, vehicular traffic shall at certain locations be restricted from making a left turn, as specified in this Schedule: Ord. No. No Left Turn Locations Restriction CC §32.127, 409 St. John Plaza, From southeast exit driveway onto 3:00 P.M. — 6:00 P.M. eastbound St. Charles Rock Road CC §32.128, 421 Quik-Trip located at 2808 Endicott, From southwest At all times exit driveway onto Ridgeway Avenue 535 From the westbound lane of Hume Avenue onto St. No left turn any time Charles Rock Road 728 St. Charles Rock Road (State Highway 180) from the No left turn any time eastern driveway of the St. John City Municipal Center property located at 8944 St. Charles Rock Road 889 From northbound Gordon onto the Marvin School 2:00 P.M. — 4:00 P.M. on parking lot school days

Schedule X. Commercial Vehicles Table X-A. Commercial Vehicles. [CC § 33.07, 164; Ord. No. 634 §§1 — 2, 4-5-1999; Ord. No. 824 §1, 3-21-2005] Ord. No. No Parking Provisions Restriction 634 §2 No person, firm, association or corporation shall park or Not allowed during the store a commercial vehicle or trailer which requires truck or period one-half (1/2) hour trailer license under the Missouri Motor Vehicle Registration after sunset to one-half (1/2) Law on any public street, road, lane or court of the City of hour before sunrise. St. John. This includes without limitation: A trailer, truck trailer, a trailer rig, a taxicab, a bus, a recreational vehicle or any commercial vehicle. The only exceptions to this are as follows: 1. Any four (4) wheeled commercial vehicle threequarter (3/4) tons or less may park on the street provided that said vehicle is parked directly in front of the home which the owner/driver resides in or on the adjoining street in the event of a corner lot. Said vehicles may not have any equipment hanging or extending beyond the vehicle while parked on said http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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2.

3.

street. Passenger cars, station wagons, pick-up services or any service or emergency vehicle that is then performing, preparing to perform or completing the performing, of such service or emergency function, is exempt from this Schedule during the time they are performing said service. Any four (4) wheeled non-commercial pickup trucks three-quarter (3/4) tons or less, with or without camper bed, may park on the street, provided that said vehicle is parked directly in front of the home which the owner/driver resides in or on the adjoining street in the event of a corner lot. If such pickup truck has an open bed, the bed must be covered with a standard type cover or be empty.

Schedule XI. Fire Lanes Table XI-A. Fire Lanes. [CC §§36.21, 36.30 — 36.31; Ord. No. 38, 2-3-1975; Ord. No. 491 §1, 6-6-1994; Ord. No. 498 §1, 9-19-1994] A.

Fire lanes shall be as set out herein: 1.

Fire Lanes Around Buildings. Whenever a building has been constructed or will be constructed within the boundaries of the City of St. John, the owners and operators shall be required to maintain an open area around such buildings of a distance not less than twenty (20) feet; such space or area shall be prohibited to the parking of all automobiles or other obstructions and the owner or operator of such buildings shall place suitable signs in conspicuous places notifying the public that parking is prohibited. Such signs shall be placed under the jurisdiction of the Fire Marshall of the Community Fire Protection District and shall be labeled "Fire Lane - No Parking" and shall not be less than fifteen (15) square inches in size.

2.

Fire Lanes.

3.

a.

In parking lots. Whenever a parking lot is maintained for the use and the benefit of the members of the public who are invited to use the facilities of a shopping center or supermarket, then the owners, operator, managers or lessees of such parking lot shall maintain suitable fire lanes into such parking lot and around the buildings or improvements and shall post signs as so designated in Subsection (A) above in conspicuous places as determined by the Fire Marshal.

b.

Parking lot defined. For the purpose of this Subsection a "parking lot" shall mean any lot, space or area, either publicly or privately owned, where more than twenty-five (25) automobiles are stored or parked.

Certain Traffic Prohibited. a.

It shall be unlawful for any traffic, vehicular or otherwise, to move upon or over said lane excepting, however, fire trucks, police cars or other emergency vehicles.

b.

It shall be unlawful for any person to operate any vehicle, motor or otherwise, over and upon


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fire lane excepting, however, the operators of fire trucks, police cars or other emergency vehicles. 4.

Designation of Fire Lanes. Ord. No. Locations CC §36.20, 38 The roadway between St. Charles Rock Road and St. Charles Lane and between Brown and Marshall Roads being directly south in front of the Community Fire House, is hereby declared to be a fire lane.

5.

Fire Hydrants in the I-170 St. Charles Rock Road Industrial Park. The St. Louis County Water Company shall have authority in accordance with the terms and conditions of its franchise contract with the City of St. John to install five (5) fire hydrants as determined by the Community Fire Protection District at the following locations:

6.

a.

The northeast corner of Lot 2, seventy-five (75) feet north of the intersection of the water mains at Lackland Road and St. John Industrial.

b.

At the end of the dead end main on St. John Industrial, four hundred (400) feet from the intersection of the water mains at Lackland Road and St. John Industrial.

c.

On the twelve (12) inch Lackland Road main one hundred sixty (160) feet south of the intersection of the water mains at the Cler easement and Lackland Road.

d.

On the twelve (12) inch Lackland Road main three hundred seventy-five (375) feet south of the intersection of the water mains at the Cler easement and Lackland Road.

e.

On the twelve (12) inch Lackland Road main seven hundred fifty (750) feet south of the intersection of the water mains at the Cler easement and Lackland Road.

On the twenty (20) inch water main that runs on the north border of the Sonoco Fibre Drum property thirty (30) feet west of the east property line of the Sonoco Fibre Drum plant.

Land Use Chapter 400. Zoning Regulations Article I. General Provisions Section 400.010. Short Title. [CC Ch. 35 §1; Ord. No. 10-1974 Ch. 35 §1, 7-1-1974] This Chapter, which shall be known as "The Zoning Code of the City of St. John, Missouri," may be cited as "The Zoning Code."

Section 400.020. Purpose. [CC Ch. 35 §2; Ord. No. 10-1974 Ch. 35 §2, 7-1-1974; Ord. No. 962 §1, 3-21-2011; Ord. No. 996 §2, 11-19-2012] The Zoning Ordinance is adopted to facilitate the implementation of the 2012 Comprehensive Plan of the City of St. John, and to promote health, safety, morals, comfort, and general welfare; to secure economic http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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and coordinated land use; and to facilitate the adequate provision of public improvements.

Section 400.030. Definitions. [CC Ch. 35 §3; Ord. No. 10-1974 Ch. 35 §3, 7-1-1974; Ord. No. 538 §1, 2-5-1996; Ord. No. 791 §1, 3-15-2004; Ord. No. 803 §§1, 3, 6-21-2004; Ord. No. 962 §2, 3-21-2011] A.

For the purpose of this Chapter, certain words and phrases are herein defined. Words and phrases defined herein shall be given the defined meaning. Words and phrases which are not defined shall be given their usual meanings except where the context clearly indicates a different or specific meaning.

B.

Words used in the present tense shall include the future; the singular number includes the plural and the plural includes the singular, the word "dwelling" includes the word "residence," and the word "shall" is mandatory and not permissive.

C.

The following words and phrases are defined: ACCESSORY BUILDING Any building, the use of which is incidental to the principal use of another structure on the same premises. ACCESSORY LIVING QUARTERS Living quarters within an accessory building located on the same lot with the main building for the sole use of persons employed on the same premises. ACCESSORY STRUCTURE Any structure, the use of which is incidental to the principal use of another structure on the same premises. ACCESSORY USE A use incidental and subordinate to the principal use of the premises. ALLEY A public right-of-way which affords only a secondary means of access to abutting property. APARTMENT UNIT A dwelling unit within a multiple-family dwelling. AUTOMOBILE (VEHICLE) SALES AREA An open area, other than a street or alley, used for the display, sale or rental of new or used motor vehicles and where no repair work is done except minor incidental repair of such motor vehicles to be displayed, sold or rented on the premises. BASEMENT A floored and walled substructure of a building, at least fifty percent (50%) below the average finished grade of the building. A "basement" shall not be counted as a story. BLOCK An area of land surrounded by public highways, streets, streams, railroad rights-of-way, parks or other similar areas or facilities. BOARD OF ADJUSTMENT See Article XI of this Chapter. BOARD, PLANNING AND ZONING


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The City Planning and Zoning Board of St. John, Missouri. BUILDABLE LOT WIDTH The width of a lot minus the combined widths of the minimum required side yards. BUILDING Any structure having a roof supported by columns or walls for the shelter, support or enclosure of persons, animals, chattels or property of any kind and, when separated by dividing walls without openings, each such portion of such building so separated shall be deemed a separate building. BUILDING, HEIGHT OF The vertical distance measured from the finished ground elevation at the perimeter of such building to the highest point of the roof parapet of a flat roof, or to its roof surface if there is no parapet; to the deck line of a mansard roof; and to the middle point of the vertical distance between eaves and ridges of gable, hip, and gambrel roofs. BUILDING LINE A line drawn parallel to a lot line at a distance therefrom equal to the depth of the corresponding required yard. CITY The City of St. John, Missouri. CITY PLANNING AND ZONING BOARD The City Planning and Zoning Board of St. John, Missouri, as defined in Article VI, Section 6.02 of the City Charter. CLINIC The group practice of medicine or dentistry for humans including assistants and laboratories, but not including in-patient care or operating rooms for major surgery. CLUB A building or a portion of a building intended to be used as a center of informal association for a selective membership not open to the general public. COMMUNITY CENTER A facility maintained by a public agency or by a not-for-profit community or neighborhood association primarily for social, recreational, or educational needs of the community or neighborhood. COMPREHENSIVE PLAN The Comprehensive Plan of the City of St. John as defined in Article VI, Section 6.03 of the City Charter. DENSE PLANTING STRIP A continuous area of land set aside along the perimeter of a parcel or lot that is established to protect an abutting land use from the land use on the subject parcel. A dense planting strip consists of a landscaped surface, not less than the full width or full length of the parcel or lot and contains dense foliage, shrubbery, evergreens or other such plant material not less than four (4) feet in height and planted in such a way as to limit visibility between adjoining parcels or lots. Such dense planting strip shall be permanently maintained. DEVELOPER That person, firm or corporation by whom a tract will be subdivided and/or improved pursuant to the requirements of this Chapter. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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DEVELOPMENT The act of changing as well as the state of a tract of land after its function has been purposefully changed by man, including, but not limited to, structures on the land and alterations to the land. DISTRICT A part or parts of the City of St. John for which the Zoning Code establishes regulations governing the development and use of land therein. DISTRICT CLASSIFICATIONS The "FP" Flood Plain, the "PS" Park and Scenic, the "R" Residence, the "C" Commercial, the "I" Industrial, and the "S" Special districts of St. John, Missouri. DORMITORY A building, usually associated with an educational or religious institution, with many rooms providing sleeping and living accommodations for a number of usually unrelated persons. DWELLING Any building, or portion thereof, used exclusively for human habitation; except hotels, motels, dormitories, or house-trailers. DWELLING UNIT (RESIDENTIAL UNIT) A room or group of rooms located within a dwelling and forming a habitable residence for one (1) family. DWELLING, SINGLE-FAMILY A detached building designed for or occupied exclusively by one (1) family and shall include, but not be limited to, any home in which eight (8) or fewer unrelated mentally or physically handicapped persons reside, and may include two (2) additional persons acting as houseparents or guardians who need not be related to each other or to any of the mentally or physically handicapped persons residing in the home. DWELLING, TWO-FAMILY (DUPLEX) A detached building designed for or occupied exclusively by two (2) families living independently of each other. DWELLING, THREE-FAMILY (TRIPLEX) A detached building designed for or occupied exclusively by three (3) families living independently of each other. DWELLING, MULTIPLE-FAMILY A building, or portion thereof, used or designed as a residence for four (4) or more families living independently of each other. EASEMENT A grant by a property owner to the public, to a corporation, utility or to a person for the use of land for a specific purpose. EASEMENT, ROAD MAINTENANCE AND IMPROVEMENT A grant by a property owner to the City, County, or State for the purpose of road maintenance, improvement and widening. EASEMENT, UTILITY A grant by a property owner to a public utility company for the purpose of installation, improvement and maintenance of public utilities. ENGINEER http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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A professional engineer registered in the State of Missouri. FAMILY An individual, or two (2) or more persons related by blood or marriage, or a group of not more than three (3) persons who need not be related by blood or marriage living together and subsisting in common as a single non-profit housekeeping unit utilizing only one (1) kitchen and shall include, but not be limited to, any private residence licensed by the Division of Family Services or Department of Mental Health to provide foster care to one (1) or more but less than seven (7) children who are unrelated to either foster parent by blood, marriage or adoption. FARM A parcel of land used for growing or raising of agricultural products including related structures thereof. FENCE A structure, exposed on both sides erected from the ground level up for the purpose of enclosing a piece of land or to separate two (2) contiguous pieces of land. FENCE — HAZARDOUS Any single strand wire having sharp points or protrusions which can cause serious injury. Including, but not limited to, barbed wire, razor wire, etc. FLOOD PLAIN A geographic area susceptible to periodic inundation from overflow of natural waterways and determined as to its extent in St. John by the 1964 Flood Elevation Study made by the St. Louis County Planning Commission. FOSTER HOME FOR HANDICAPPED CHILDREN An institution providing sleeping and living accommodations for the full-time care, training, recreation, and convalescent needs of three (3) or more physically or mentally handicapped minors. FRONTAGE That edge of a lot or series of contiguous lots bordering a street right-of-way. GARAGE, PARKING A building, or portion thereof, designed or used exclusively for the storage of motor-driven or self-propelled vehicles; and at which gasoline, motor fuels, and oils are not sold and motor-driven or self-propelled vehicles are not serviced, equipped, repaired, hired or sold. GARAGE, PRIVATE An accessory building with capacity for not more than four (4) motor vehicles for storage only, with no provision for servicing such vehicles for profit. GARAGE, SERVICE Any building or premises, except those described as a private garage or parking garage, used for the storage or care of self-propelled vehicles, or where any such vehicles are equipped for operation, serviced, repaired or kept for remuneration, hire or sale. GARDEN APARTMENT An apartment unit in a multiple-family dwelling with a maximum of three (3) stories, which usually integrates indoors and outdoors by using large windows and by opening apartments onto private patios, terraces or balconies. GOLF COURSE An area or course for playing golf which consists of at least nine (9) holes, except miniature golf, http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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within which the playing area is not artificially illuminated. GOLF, MINIATURE A commercial recreation facility resembling golf but containing short "holes," the majority of which are under three hundred (300) feet in length. HOME OCCUPATION A domestic activity carried on by no more than two (2) members of a family residing on the premises and providing that there are no signs or any display that will indicate from the exterior of the building that it is being utilized, in whole or in part, for any purpose other than that of a dwelling; providing, also, that there is no stock in trade or commodity sold or stored upon the premises, no person is employed other than a member of the family residing on the premises, and no mechanical equipment is used except such as is customary for purely domestic or household purposes. However, a "home occupation" shall not be interpreted to include barber shops, beauty parlors, tourist homes, and restaurants. HOSPITAL An institution providing medical and surgical care for both in and out patients and including medical service, training, and research facilities. HOTEL A building in which lodging, with or without meals, is provided and offered to the public for compensation and which is open to transient guests; provided however, that there are no provisions for cooking in any individual room. HOUSE-TRAILER A self-contained mobile structure, non-self-propelled, intended to be used for dwelling purposes and which has been, or reasonably may be, equipped with wheels or other devices for transporting said structure. HOUSE-TRAILER PARK An area designed or intended to be used as a site for occupied house-trailers. JUNK YARD A parcel of land on which waste material and/or inoperative vehicles and other machinery are collected, stored, salvaged, or sold. KENNEL The use of land or buildings for the purpose of selling, breeding, boarding, or training dogs or cats or both; or the keeping of three (3) or more dogs over six (6) months of age; or the keeping of three (3) or more cats over six (6) months of age; or the keeping of more than four (4) dogs and cats. The word "selling" as herein used shall not be construed to include the sale of animals six (6) months of age or younger which are the natural increase of animals kept by persons not operating a kennel as herein defined; nor shall selling be determined to include isolated sales of animals over six (6) months old by persons not operating a kennel as herein defined. LOADING SPACE A paved space within the main building or on the same lot for the standing, loading or unloading of trucks. LOT

A platted parcel of land intended to be separately owned. developed, or otherwise used as a unit.

LOT, AREA The total horizontal area within the boundaries of a lot. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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LOT, CORNER A lot abutting upon two (2) or more streets at their intersection. LOT, DEPTH The average horizontal distance from the front lot line to the rear lot line. LOT, DOUBLE FRONTAGE (THROUGH LOT) A lot having frontage on two (2) non-intersecting streets as distinguished from a corner lot. LOT, INTERIOR A lot other than a corner lot. LOT LINES (PROPERTY LINES) The lines bounding a lot as defined herein. LOT LINE, FRONT In the case of an interior lot, that line which separates said lot from the street right-of-way. In the case of a corner lot or double frontage lot, those lines separating said lot from the street rightsof-way. LOT LINE, REAR In the case of an interior lot, that lot line that is most distant from, and is parallel or nearly parallel to the front lot line. In the case of a corner lot, that lot line which is parallel or nearly parallel to the shortest front lot line. There is no rear lot line on a double frontage lot. LOT LINE, SIDE Any lot line which is not a front lot line or a rear lot line. LOT OF RECORD A lot which is part of a subdivision, the plat of which has been recorded in the Office of the Recorder of Deeds of St. Louis County; or a parcel of land which was legally approved and the deed recorded in the Office of the Recorder of Deeds of St. Louis County prior to the adoption of this Chapter. A Deed of Trust is not to be considered a deed by the terms of this definition. LOT WIDTH The horizontal distance between the side lot lines measured at the building line. MOTEL (MOTOR HOTEL) A building or group of buildings containing individual sleeping or living units for the temporary residence of transient motorists or travelers, and with parking facilities conveniently located to each such unit. NON-CONFORMING LAND USE OR STRUCTURE A land use or structure which existed lawfully on the date (July 1, 1974) this Zoning Code or any amendment thereto became effective and which fails to conform to one or more of the applicable regulations in the Zoning Code or such amendment thereto, except minimum lot area, yard, and setback requirements. NURSERY, DAY A building used for the supervision and care of preschool children during daylight hours; provided however, that no residence shall be used by more than six (6) such children, other than those of the operator. NURSERY SCHOOL A pre-kindergarten school for children primarily between the ages of three (3) and five (5). http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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NURSING HOME A building intended for use as a medical care facility for persons who need nursing care and medical service but do not require intensive hospital care. OFFICE A building, or portion of a building, wherein services are performed involving predominantly administrative, professional or clerical operations. OPEN SPACE, PUBLIC Land which may be dedicated or reserved for acquisition for general use by the public, including parks, recreational areas, school sites, community or public building sites, and other public lands. OPEN STORAGE Storage of material or goods on the ground outside of a building. OVERLAY ZONING DISTRICT A zoning district which can be utilized as an alternate zoning district for a specified area within the City of St. John, if certain general conditions are met. Sections 400.160 and 400.170 of this Chapter describe the two (2) "Overlay Zoning Districts" within the City. PARCEL (TRACT) OF LAND A separately designated area of land delineated by identifiable legally recorded boundary lines. PARK An area open to the general public and reserved for recreational, educational, or scenic purposes. PARKING AREA, PUBLIC An open area, other than a street or alley, used for the temporary parking (one (1) day or less) of self-propelled vehicles, and which is available for public use whether free, for compensation, or as an accommodation for clients or customers. PARKING AREA, SEMI-PUBLIC An open area, other than a street or alley, used for temporary parking (one (1) day or less) of selfpropelled vehicles as an accessory use to such land uses as semi-public institutions, schools, churches, hospitals, and non-commercial clubs. PARKING SPACE A durable, dust-proof, surfaced, properly graded for drainage, usable and accessible space; enclosed in a main building, in an accessory building, or unenclosed; and which contains not less than three hundred (300) square feet of area including necessary driveways and space between vehicles. PEDESTRIAN WAY An easement or right-of-way dedicated to public use to facilitate pedestrian access to adjacent streets and properties. PERMITTED BY RIGHT Uses which are listed in each zoning district under the title "Permitted Land Uses and Developments." PERSONAL SERVICES Those activities which provide frequently or recurrently needed services on site and which involve the care of a person or his personal goods or apparel. Typical uses include beauty or barber shops, electrolysis studios, nail salons, shoe shining and/or repair operations, tailors and neighborhood laundry and dry cleaning operations. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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PLANNED DEVELOPMENT A development which is approved through a zoning procedure designed to permit flexibility in building types and relationships between buildings. In a planned zoning district, a tract of land may be developed for any use permitted in that district, provided that approval is obtained by securing a Planned Development Permit from the City Council in compliance with the procedure delineated in Section 400.320 of this Chapter. Height, lot area, lot dimensions, yard, off-street parking, off-street loading, and sign requirements shall be limited by the conditions in the ordinance authorizing the establishment of the particular Planned Development. PLANNING AND ZONING BOARD The City Planning and Zoning Board of St. John, Missouri. PLANT NURSERY A farm, garden, or other cultivated land, together with accessory structures, designed and intended to be used only for the cultivation and sale of live vegetation. PROPERTY LINE The legally recorded boundary of a lot, tract, or other parcel of land. PUBLIC UTILITY FACILITY A public utility facility serving a wide area, such as a high voltage transmission tower or a power generation plant. PUBLIC UTILITY FACILITY, LOCAL A public utility facility serving a local area only, such as an electric substation, a water or gas pumping or regulating station, or a telephone switching center. PUBLIC WORKS, DIRECTOR An individual person or a firm, appointed by the City Manager, whose function is to review all zoning petitions, and development plans prior to their review by the Planning and Zoning Board, in order to ensure that they are complete; to inspect developments to insure that they are constructed according to the approved plans; to issue building permits; and generally to perform all functions assigned to him by reference in this Chapter. RECREATIONAL VEHICLE Any vehicle which relates to, or is used primarily for, recreational activities. RESIDENCE Any building, or portion thereof, which is designed or used exclusively for residential purposes; except hotels, motels, or dormitories. RESTAURANT An establishment where the sale of foods prepared for consumption on the premises represents the major source of income for the establishment. RESTAURANT, DRIVE-IN An establishment where food and/or beverage is sold to the consumer, where motor vehicle parking space is provided, and where provisions are made to permit such food and/or beverage to be consumed in the motor vehicle parked upon the premises or anywhere on the premises outside the main building. RETREAT A building or group of buildings with designated open areas utilized and maintained for educational and religious conclaves, seminars, and similar activities by particular educational, religious, fraternal, or other groups. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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SEMI-FINISHED MATERIAL Material which has gone through one (1) or more stages of processing. SERVICE STATION Any structure or premises used for dispensing, or sale at retail, of automotive vehicle fuels or lubricants, and for the lubrication of automobiles and replacement or installation of minor parts and accessories; excluding, however, major repair work, such as motor replacement, body and fender repair, spray painting, and the storage of junk or vehicles for sale. SETBACK The average horizontal distance between the building line and the lot line. SIGN A name, identification, description, display, or illustration which is affixed to, or points out, a building, structure, or tract of land, and which directs attention to an object, product, place, person, service, activity, institution, organization or business. 1.

Attached sign: A sign which is in any manner affixed to any exterior wall of a building and which projects not more than eighteen (18) inches from the building wall and which does not extend more than five (5) feet above the highest point of the roof surface of a flat roof; the deck line of a mansard roof; or the eave line of a gable, hip or gambrel roof.

2.

Business sign: A sign which directs attention to a business or profession conducted or to a commodity, service or entertainment sold or offered upon the premises where such sign is located.

3.

Directional sign: A sign identifying entrances, exits, aisles, ramps, and similar traffic-related information.

4.

Flashing sign: An illuminated sign on which an artificial or reflected light is not continuously constant in intensity and/or color.

5.

Free standing sign: A sign not attached to or painted on a building, but which is mounted on a separate structure which is affixed to the ground. A sign attached to a flat surface such as a fence or wall which is not part of a building shall be considered a free standing sign.

6.

Height of free standing sign: The vertical distance measured from either the ground elevation of the structure supporting the sign or the upper surface of the nearest curb or edge of a street, whichever is lower, to the highest point of a sign.

7.

Illuminated sign: Any sign designed to internally give forth artificial light or designed to reflect light from one or more exterior sources of artificial light erected for the sole purpose of illuminating the sign.

8.

Indirectly illuminated sign: A sign which does not produce artificial light from within itself but which is illuminated by spotlights, floodlights, or other artificial light source(s) not a part of the sign itself.

9.

Information sign: A sign which identifies a residence, a non-commercial activity, including historic markers, or a sign conveying cautionary and similar information.

10. Internally illuminated sign: A sign so designed that its source of artificial light is contained within itself and said source is not directly visible when in normal operation. 11.

Mechanical sign: A sign that contains moving parts; creates the effect of illusion of having any moving parts; or has flashing or intermittent lighting.

12. Name plate: A non-business sign which states only the name or address or both of the http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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occupant of the lot where the sign is located. 13. Off-premise sign: A sign which contains a message unrelated to a premises or profession or to a commodity, service or entertainment, sold or offered upon the premises where such sign is located. 14. Projecting sign: A sign which is attached to and whose front edge projects more than eighteen (18) inches from the face of a wall of a building. 15. Sign, area (outline area): The area of a sign shall include the space to be used for advertising purposes, including the spaces between open-type letters and figures, including the background structure, or other decoration or addition which is an integral part of the sign. The perimeter shall not include any structural or framing elements lying outside the perimeter and not an integral part of the sign. 16. Temporary business sign: A sign which gives information concerning a product, service, or activity offered, conducted or sold on the premises upon which the sign is erected and which is not displayed for more than seven (7) consecutive days. 17. Temporary sign: A sign which is intended to promote community or civic projects, construction projects, or other special events and intended for non-permanent use whose size and duration is defined in applicable sign regulations set forth herein. 18. Time and temperature sign: A sign in a commercial district used solely to convey a message stating the time of day and the temperature. Such sign shall not be considered a mechanical sign or a flashing sign. 19. Warning sign: An information sign which is intended to give notice of danger or possible harm. SPECIALIZED PRIVATE SCHOOL An institution emphasizing specialized and individual instruction for students at the grade school, junior, or senior high school level whose instructional needs are not specifically being met by public school districts. STADIUM A structure built about a central open space or arena with tiers of seats for spectators. STORAGE WAREHOUSE A completely enclosed structure available for lease or rent for the purpose of the short or long term general storage of household goods, vehicles, or other personal property. STORAGE YARD An area from which no retail sales are undertaken and which is used for the outdoor storage of equipment, goods and material. STORY That portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the surface of the floor and the ceiling above it. STORY, HALF A story under a gable, hip or gambrel roof, with exterior walls on at least two (2) opposite sides that are not more than three (3) feet above the floor level of such story. STREET A general term denoting a public or private way which affords the principal means of access to http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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abutting property. The term includes all facilities which normally occur within the right-of-way. It shall also include such other designations as highway, thoroughfare, parkway, throughway, road, pike, avenue, boulevard, lane, place, and court, but shall not include an alley or a pedestrian way. STREET, ARTERIAL A multi-lane facility designed for movement of a relatively large volume of traffic. Arterials provide connections between local and collector streets and freeways. STREET, COLLECTOR A street located within a neighborhood or other integrated-use area which collects from and distributes traffic to local streets, and connects arterial streets. STREET, LOCAL A street, used primarily to provide direct access to abutting properties. STREET, FRONTAGE OR SERVICE A minor street generally parallel to and adjacent to arterial streets and highways which provides access to abutting properties and protection from through traffic. STRUCTURE Anything constructed or erected, the use of which requires permanent location on the ground, or which is attached to something having a permanent location on the ground. This definition does not apply to existing parking lots. STRUCTURE, HEIGHT OF The vertical distance measured from the finished ground elevation at the perimeter of such structure to its highest point. STRUCTURAL ALTERATION Any change in the supporting members of a building, such as bearing walls, columns, beams or girders, or any substantial change in the roof or in the exterior walls. SUBSTANTIAL CONSTRUCTION, DEVELOPMENT, OR WORK 1.

In a project involving structures, the completion of excavation for footings and foundations.

2.

In a project involving no structure or insignificant structures, the completion of grading.

TOWNHOUSE A single-family attached dwelling unit, usually in rows of houses with common side walls at least partially, and usually with at least one (1) walk-up floor above ground floor. USE

As utilized herein, "use" is any functional, social, economic or technological activity which is imposed or applied to land or to structures on the land.

USED OR NEW AUTOMOBILE, TRUCK, OR OTHER MOTOR VEHICLE DEALER A dealer in used or new automobiles, trucks, motor vehicles or recreation vehicles when purchased or sold as a unit and any enfranchised new car dealer operating a used car or truck department. VARIANCE A modification or variation of the provisions of this Chapter as applied to a specific piece of property and approved by the Board of Adjustment, except that modification in the allowable uses within a district shall not be considered a variance. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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VETERINARY CLINIC A facility for the practice of veterinary medicine. WAREHOUSE A building used for the storage of goods, wares, or merchandise that will be processed, sold, or otherwise disposed of off the site of the premises. YARD An open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided in this Chapter. Unless otherwise stated in this Chapter, the width of a side yard, the depth of a front yard, or the depth of a rear yard, shall be the minimum horizontal distance between the lot line and the nearest portion of the main building. YARD, FRONT A required yard extending across the full width of the front of the lot between the side lot lines and measured between: 1.

The front line of the lot and the nearest point of the building; or

2.

The front line of the lot and the nearest point of any steps, unenclosed balcony, unenclosed porch or terrace.

YARD, REAR A required yard extending across the full width of the lot at the opposite end of the lot from the front yard, and measured between the rear line of the lot and the rear of the main building or any projections thereof, other than steps, unenclosed porch or terrace. On corner lots the "rear yard" shall be considered as parallel to the street upon which the lot has its least dimension. YARD, SIDE A required yard between the nearest point of the main building and the side lines of the lot and extending from the front lot line to the rear lot line.

Article II. Districts and Map Section 400.040. Establishment of Districts — Zoning Map. [CC Ch. 35 §4; Ord. No. 10-1974 Ch. 35 §4, 7-1-1974] A.

For the purpose of this Chapter, the City of St. John, Missouri, is divided into the following Zoning Districts: District Classification Code Designation "FP" Flood Plain "FP" "PS" Park and Scenic "PS" "R-1" Single-Family Residence (6000 Sq. Ft.) "R-1" "R-2" Duplex and Triplex Residence (4000 Sq. Ft.) "R-2" "PR" Planned Residence (3000 Sq. Ft.) "PR" "C-1" General Commercial "C-1" "PC" Planned Commercial "PC" "PC/R" Planned Commercial and Residential "PC/R" "PLI" Planned Light Industrial "PLI"


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Overlay Districts "SR/O" Special Residence and Office "SC" Special Commercial B.

"SR/O" "SC"

Zoning Map. The boundaries of these districts are hereby established as shown on "St. John Zoning Map" which accompanies and is hereby declared to be a part of this Chapter. All district classifications, however, need not appear on the Zoning Map at one time. Said map, with all subsequent amendments thereto, supersedes all prior zoning maps of the City. Official copies of said map shall be maintained in the Office of the City Clerk and the Director of Public Works and shall be public record. All subsequent amendments to the Zoning Map shall be designated on said official copies. The Director of Public Works may, at his discretion, cause the "St. John Zoning Map" and its official copies thereof to be photographed, microphotographed, photostated or reproduced on film. Said maps, when so reproduced, shall be deemed to be an original record for all purposes.

Section 400.050. Interpretation and Extension of District Boundaries. [CC Ch. 35 §5; Ord. No. 10-1974 Ch. 35 §5, 7-1-1974] A.

The Board of Adjustment shall interpret the provisions of this Chapter. Any area within the geographical boundaries of the City of St. John, Missouri, which is added to or becomes a part of the City shall be in the "R-1" Residence District classification until changed by ordinance designating another district classification to such area.

B.

Where uncertainty exists with respect to the boundaries of the various districts as shown on the Zoning Map, the following rules shall apply:

C.

1.

The district boundaries are the centerlines of streets and/or alleys unless otherwise shown. Where the districts designated on the Zoning Map are bounded approximately by the centerline of a street and/or alley, such centerline shall be construed to be the boundary of such district.

2.

Where the district boundaries are not otherwise indicated or when the property has been or may hereafter be divided into blocks, and lots, the district boundaries shall be construed to be lot lines; and where the districts designated on the Zoning Map are bounded approximately by lot lines, such lot lines shall be construed to be the boundary of such district unless the boundaries are otherwise indicated on the map.

Whenever any street, alley, or other public way is vacated by the City Council of the City of St. John, Missouri, the St. Louis County Council, or the State of Missouri, the zoning districts adjoining or on each side of such street, alley, or public way shall automatically be extended to the centerline of such vacation and all area included in the vacation shall then be subject to all applicable regulations of the extended districts.

Section 400.060. District Regulations. [CC Ch. 35 §6; Ord. No. 10-1974 Ch. 35 §6, 7-1-1974] The use and development of land and structures within any zoning district are limited to those uses and developments set forth in those Sections of this Chapter applicable to such district.

Article III. Designation of Districts http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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Section 400.070. "FP" Flood Plain District Regulations. [CC Ch. 35 §7; Ord. No. 10-1974 Ch. 35 §7, 7-1-1974] A.

This Section contains the district regulations of the "FP" Flood Plain District. The intent of this Section is to provide adequate protection for the land area adjacent to Maline Creek and its tributaries for which hydrographic study and calculation indicates a risk of life and property as a consequence of storm water runoff. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter.

B.

For any lot or tract of land in the Flood Plain District, an alternate district, which is designated on the Zoning District Maps and is the district designation following the letters "FP" on the maps, may be utilized if the particular property is placed in such a condition, as required in this Section, as to effectively and without increasing the flooding problems of other properties, remove the property from flooding as determined by the 100-year flood elevation study made by the St. Louis County Planning Commission and used as basic data for determining the extent of the Flood Plain District. If the standards required by this Section are satisfactorily met by the user of any lot or tract of land in the Flood Plain District, such user may utilize the property for such uses and under such regulations as are contained in the district regulations of the district for the particular property.

C.

1.

In order to utilize property in the Flood Plain District, a property owner or user shall submit to the Planning and Zoning Board a plan for adequate environmental protection against the amount of water that would flow past the property in cubic feet per second, as determined by the 100-year flood elevation study made by the St. Louis County Planning Commission and used as basic data for determining the extent of the Flood Plain District. Such plan must be approved by the Planning and Zoning Board, and the City Council before land within the Flood Plain Districts may be utilized.

2.

The plan must include a report by a Registered Professional Engineer of demonstrated competence in hydrology as to the adequacy of the proposed plan for flood protection relative to the elevation of the flood plain and the flow as determined in the flood elevation study made by the St. Louis County Planning Commission, the effect of the proposed improvement on the flooding problems of other properties, and such other hydrologic problems as may result from the improvement.

3.

The Planning and Zoning Board may require such additional data or engineering studies from the applicant as may be necessary to determine the adequacy of the proposed plan for flood protection.

4.

The approval of the Planning and Zoning Board and/or the City Council of such plans for flood protection does not constitute a representation, guarantee, or warranty of any kind by the City of St. John, the Planning and Zoning Board, the City Council, or by any officer or employee as to the practicality or safety of any protective measure and shall create no liability upon or cause of action against such public body, officer, or employee for any damage that may result pursuant thereto.

Any non-conforming building in the Flood Plain District, the use of which is a permitted use in the alternate district which applies to the particular location. may be rebuilt, extended or enlarged for a purpose permitted in the appropriate alternate district without conforming to or satisfying the standards in this Section for removing the property from the danger of flooding as determined by the flood elevation study made by the St. Louis County Planning Commission and used as basic data for determining the extent of the Flood Plain District; provided however, that the building as rebuilt, extended or enlarged does not contain any additional floor area coverage than that in the building before the reconstruction.


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Section 400.080. "PS" Park and Scenic District Regulations. [CC Ch. 35 §8; Ord. No. 10-1974 Ch. 35 §8, 7-1-1974] A.

The "PS" Park and Scenic District of St. John encompasses land which has recreational, scenic and health value and is owned by public agencies or land in which public agencies have some lesser legal interest. Upon the application and approval of a petition for change of zoning and/or a conditional use permit by a not-for-profit organization, this District may also include land having recreational, scenic and health value owned by such a not-for-profit organization or land in which such organization has some lesser legal interest. This District is established to assist in providing for the community's cultural values by preserving certain lands for passive and active recreational purposes. These regulations are supplemented and qualified by additional general regulations which appear elsewhere in this Chapter.

B.

Permitted Land Uses and Developments.

C.

1.

Public parks and playgrounds.

2.

Wildlife habitats.

3.

Dwellings and accessory buildings and structures for the exclusive use of park-operating personnel.

4.

Historic sites and buildings.

5.

Local public utility facilities, provided that any installation other than poles and equipment attached thereto shall be adequately screened with landscaping, fencing, walls, or any combination thereof; or shall be placed underground; or shall be enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area.

6.

Information and directional signs.

7.

Accessory buildings, land uses and activities customarily incidental to any of the above uses.

Conditional Land Uses and Developments (Which may be permitted if approved by the City Council under conditions and requirements specified in Section 400.320 of this Chapter). 1.

Underground and above ground public utility transmission and distribution lines, pipelines, and booster stations.

2.

Not-for-profit private parks and parkways.

3.

Retreats owned and operated by religious, educational, or other not-for-profit organizations.

D.

Height Limitations for Structures. No structure in this District, other than a public utility tower authorized by a Conditional Use Permit, shall exceed two and one-half (2½) stories or thirty-five (35) feet in height.

E.

Lot Dimension, Lot Area and Yard Requirements.

F.

1.

There shall be a front yard having a depth of not less than thirty (30) feet to the front line of the building and not less than twenty-five (25) feet to the front line of an unenclosed porch or paved terrace.

2.

There shall be rear and side yards of not less than twenty (20) feet.

Off-Street Parking Requirements. 1.

All uses allowed in this District shall provide sufficient parking space for employees', visitors' or


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customers' vehicles so as to ensure that no such vehicle need be parked on any street.

G.

2.

Parking areas, including driveways, shall be of a dust-free surface.

3.

The above parking requirements are supplemented and qualified by the general Off-Street Parking Regulations of Section 400.200 of this Chapter.

Sign Regulations. 1.

Information signs shall not exceed sixteen (16) square feet in outline area per facing.

2.

Directional signs shall not exceed ten (10) square feet in outline area per facing.

3.

No free standing sign shall exceed five (5) feet in height, except as required by law.

4.

The above sign regulations are supplemented and qualified by the Supplementary Sign and Lighting Regulations of Section 400.210 of this Chapter.

Section 400.090. "R-1" Single-Family Residence District Regulations. [CC Ch. 35 §9; Ord. No. 10-1974 Ch. 35 §9, 7-1-1974; CC §21.01; Ord. No. 217 §1(9), 2-23-1983; Ord. No. 340, 7-51988; Ord. No. 705 §1, 7-16-2001; Ord. No. 803 §2, 6-21-2004] A.

This Section contains the district regulations of the "R-1" Single-Family Residence District. These regulations are supplemented and qualified by additional general regulations which appear elsewhere in this Chapter.

B.


C.

1.

Detached single-family dwellings.

2.

Churches.

3.

Public or private kindergarten, elementary, secondary and collegiate schools.

4.

Public and private not-for-profit parks and playgrounds.

5.

Home occupations.

6.


7.

Name plates, information and directional signs.

8.


Conditional Land Uses and Developments. (Which may be permitted if approved by the City Council under conditions and requirements specified in Section 400.320 of this Chapter). 1.

Duplexes, provided further, that consent in writing to the erection of such duplex is obtained from the owners of at least eighty percent (80%) of the lots completely or partially within the area bounded by lines parallel with and two hundred (200) feet distant from the front and side lot lines, and fifty (50) feet distant from the rear lot line of the lot on which said duplex is to be erected. In the event that the area so designated shall include fewer than ten (10) owners,


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exclusive of property held by the party making application for said duplex, then and in that event, the boundaries shall be extended laterally as necessary to include the ten (10) separate and distinct ownerships nearest adjoining the proposed duplex site. 2.

Nursery schools and day nurseries.

3.

Public and private not-for-profit community centers, libraries, museums, private clubs, and recreational land uses.

4.

Nursing homes.

5.

Public utility facilities.

6.


7.

Foster homes for handicapped children.

8.

Specialized private schools.

9.

Fire stations.

10. Cemeteries. 11.


D.

Height Limitations for Structures. No structure, other than a public utility tower authorized by a Conditional Use Permit, shall exceed two and one-half (2½) stories or thirty-five (35) feet in height, except as otherwise provided in Section 400.220 of this Chapter.

E.

Lot Dimension, Lot Area and Yard Requirements. 1.

Area. a.

Single-family dwellings shall be situated on tracts of land providing at least six thousand (6,000) square feet of lot area for each dwelling unit.

b.

Duplex dwellings shall be situated on tracts of land providing at least ten thousand (10,000) square feet of lot area.

c.

Churches, fire stations, and kindergartens (separate) shall be situated on tracts of land at least one-half (½) acre in area.

d.

There shall be no minimum area requirement for public and private not-for-profit parks and playgrounds.

e.

Except as otherwise provided in this Section, all land uses requiring a Conditional Use Permit in this District shall be situated or conducted on tracts of land at least one-half (½) acre in area; provided however, that the City Council, when approving a Conditional Use Permit for these uses, may allow the establishment of said uses on tracts of land less then one-half (½) acre where the developments and uses contemplated are deemed consistent with good planning practice; can be operated in a manner that is not detrimental to the permitted developments and uses of the district; can be developed and operated in a manner that is visually compatible with the permitted uses in the surrounding area; are deemed essential or desirable to preserve and promote the public health, safety and general welfare of the City of St. John; and where their related parking needs, outdoor facilities, size of buildings, and potential membership of the contemplated developments and uses are deemed consistent with the intensity of land use in the neighborhood where said uses are intended to locate. However, the minimum lot area for these developments and uses shall not be less than nine thousand (9,000) square feet.


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2.

3.

Front yard. a.


b.

Where forty percent (40%) or more of the frontage on one (1) side of the street between two (2) intersecting streets is improved with buildings that have observed a front yard line with a variation in depth of not more than ten (10) feet, no building hereafter erected or structurally altered shall project beyond the average front line so established. However, this regulation shall not be interpreted as to require a front yard of more than sixty (60) feet nor less than twenty (20) feet.

c.

On corner lots the required front yard shall be provided on both streets.

d.

On double frontage lots the required front yard shall be provided on both streets.

Side yard. a.

Interior lots shall provide side yards having widths of not less than ten percent (10%) of the width of the lot or six (6) feet, whichever is greater; provided however, that such side yards need not exceed ten (10) feet each, when the building height does not exceed thirty-five (35) feet.

b.

On corner lots the side yard requirements shall be the same as for interior lots.

4.

Rear yard. There shall be a rear yard having a depth of not less than twenty percent (20%) of the depth of the lot or twenty (20) feet, whichever is greater; provided however, such rear yard need not exceed forty (40) feet.

5.

Lot width.

6.

7.

a.

Every lot for a single-family dwelling shall have a minimum width of sixty (60) feet.

b.

Every lot for a two-family dwelling (duplex) shall have a minimum width of seventy (70) feet.

Accessory buildings. a.

Accessory buildings shall not occupy more than twenty percent (20%) of the combined areas of the rear and side yards. No accessory building shall project into the front yard.

b.

No accessory building with a size of one hundred (100) square feet or larger shall be erected closer than five (5) feet from the rear and side lot lines. No accessory building with a size less than one hundred (100) square feet shall be erected closer than three (3) feet from any adjoining lot line. Exception: Accessory buildings that are one hundred (100) square feet or more may be erected no less than three (3) feet from any adjoining lot line or structure provided that the wall(s) adjoining the lot line are constructed with five-eighths (⅝) inch "type X" gypsum, or the equivalent, and have no openings.

c.

No accessory building hereafter erected or structurally altered on a corner lot shall project beyond the front building line of the lot in the rear of such corner lot.

Lots of record. Any lot of record on July 1, 1974, which contains less area or possesses a lesser width than herein specified may be used as a site for one single-family dwelling together with customary accessory structures and uses; provided however, that the property or lots adjoining said lot were held in different ownership and all were of record on July 1, 1974, and further provided that the side yard requirement may be reduced to ten percent (10%) of the width of the


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lot, but in no instance shall it be less than three (3) feet. F.

G.

H.

Off-Street Parking and Loading Requirements. 1.

A minimum of two (2) paved off-street parking spaces shall be provided for each dwelling unit, except for single-family residences located on lots of record possessing a lot width of fifty (50) feet or less, in which case a minimum of one (1) paved off-street parking space shall be provided.

2.

Churches shall provide one (1) off-street parking space for each four (4) seats in the main auditorium of the church.

3.

Public and private schools shall provide one (1) off-street parking space for each classroom and separate office in such school plus one (1) space for every four (4) students over the age of sixteen (16) whom the school is designed to accommodate. For purposes of calculating the number of school pupils to whom these criteria refer, only pupils in the eleventh (11th) grade and above shall be considered.

4.

Auditoriums and other places of public assembly shall provide one (1) off-street parking space for every four (4) seats or one (1) parking space for every fifty (50) square feet of floor space for uses without fixed seats.

5.

Public and private not-for-profit libraries shall provide off-street parking areas equal to three (3) times the gross floor area of the library, exclusive of auditoriums, plus one (1) additional off-street parking space for each six (6) seats in an auditorium or meeting place accessory to a library.

6.

All other uses shall provide sufficient parking spaces for employees' and visitors' automobiles so as to assure that no such vehicle need be parked on any street, road or driveway.

7.

One (1) paved off-street loading space shall be provided on the premises for each fifteen thousand (15,000) square feet of gross floor area in every non-residential structure. Each such loading space shall measure no less than ten by forty (10 x 40) feet and shall have a height clear of obstructions of fourteen (14) feet.

8.

The above parking and loading requirements are supplemented and qualified by the Supplementary Off-Street Parking Regulations of Section 400.200 of this Chapter.



2.


3.

Name plates shall not exceed one (1) square foot in outline area per facing, and such plates shall not be illuminated.

4.


5.


Landscape Requirements. Where a non-residential development is adjacent to a residential land use, a dense planting strip or a six (6) foot high sight proof fence shall be provided within the required side and rear yards of that non-residential development where it abuts said residential lot.


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Section 400.100. "R-2" Duplex and Triplex Residence District Regulations. [CC Ch. 35 §10; Ord. No. 10-1974 Ch. 35 §10, 7-1-1974; Ord. No. 340 §1, 7-5-1988; Ord. No. 803 §2, 6-21-2004] A.

This Section contains the district regulations of the "R-2" Duplex and Triplex Residence District. These regulations are supplemented and qualified by additional general regulations which appear elsewhere in this Chapter.

B.

Permitted Land Uses and Developments. 1.

Duplexes.

2.

Triplexes.

3.

Churches.

4.


5.

Public and private not-for-profit parks and playgrounds.

6.

Home occupations.

7.

Local public utility facilities, provided that any installation other than poles and equipment attached thereto shall be adequately screened with landscaping, fencing, walls, or any combination thereof; or shall be placed underground; or shall be enclosed in a structure in such a manner so as to blend with and complement the surrounding area.


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C.

8.

Name plates, information and directional signs.

9.


Conditional Land Uses and Developments. (Which may be permitted if approved by the City Council under conditions and requirements specified in Section 400.320 of this Chapter) 1.


2.


3.

Nursing homes.

4.


5.


6.


7.


8.

Fire stations.

9.


D.

Height Limitations for Structures. No structure, other than a public utility tower authorized by a Conditional Use Permit, shall exceed two and one-half (2½) stories or thirty-five (35) feet in height, except as otherwise provided in Section 400.220 of this Chapter.

E.


2.

Area. a.

All residential structures shall be situated on tracts of land providing at least four thousand (4,000) square feet of lot area for each dwelling unit.

b.

Churches and kindergartens (separate) shall be situated on tracts of land of at least one-half (½) acre in area.

c.


d.

Except as otherwise provided in this Section, all land uses requiring a Conditional Use Permit in this District shall be situated or conducted on tracts of land at least one-half (½) acre in area; provided however, that the City Council, when approving a Conditional Use Permit for these uses may allow the establishment of said uses, on tracts of land less than one-half (½) acre where the developments and uses contemplated are deemed consistent with good planning practice; can be operated in a manner that is not detrimental to the permitted developments and uses of the district; can be developed and operated in a manner that is visually compatible with the permitted uses in the surrounding area; are deemed essential or desirable to preserve and promote the public health, safety, and general welfare of the City of St. John; and where the related parking needs, outdoor facilities, size of buildings and potential membership of the contemplated developments and uses are deemed consistent with the intensity of land use in the neighborhood where said uses are intended to locate. However, the minimum lot area for these developments and uses shall not be less than six thousand (6,000) square feet.

Front yard.


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3.


b.


c.


Side yard. a.

Interior lots shall provide side yards having widths of not less than ten percent (10%) of the width of the lot or ten (10) feet, whichever is greater; provided however, that such side yards need not exceed ten (10) feet each when the building height does not exceed thirty-five (35) feet.

b.

On corner lots the side yard requirements shall be the same as for interior lots.

4.

Rear yard. There shall be a rear yard having a depth of not less than twenty percent (20%) of the depth of the lot; provided however, such rear yard need not exceed forty (40) feet.

5.

Lot width. Every lot shall have a minimum width of seventy (70) feet.

6.

Accessory buildings.

7.

F.

a.

a.

Accessory buildings shall not occupy more than twenty percent (20%) of the combined area of the rear and side yards. No accessory building shall project into the front yard.

b.

No accessory building shall be erected closer than six (6) feet from the rear and side lot lines.

c.

No accessory building hereafter erected or structurally altered on a corner lot shall project beyond the front building line of the lot in the rear of such corner lot.

More than one (1) duplex or triplex may be erected on a single lot provided that all the above requirements of this Section are met, and further provided that no wall of any separate residential building shall be located closer to any wall of another separate building than as set out in the following table: Walls of Detached Accessory Front Wall Side Wall Rear Wall Building 50 feet plus additional 10 30 feet except 20 feet Front Wall feet for building over 2 if side wall has no 100 feet 30 feet stories windows 20 feet if side wall has Side Wall 30 feet except 20 30 feet 10 feet no windowst Rear Wall 100 feet 30 feet 50 feet 20 feet


A minimum of two (2) paved off-street parking spaces shall be provided for each dwelling unit.

2.

Churches shall provide one (1) off-street parking space for each four (4) seats in the main auditorium of the church.

3.



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G.

H.

4.


5.


6.


7.


8.

The above parking and loading requirements are supplemental and qualified by the Supplementary Off-Street Parking Regulations of Section 400.200 of this Chapter.



2.


3.


4.


5.




Editor's Note — Ord. no. 996 §3, adopted November 19, 2012, repealed section 400.105 "certain buildings designated commercial in residential districts" in its entirety. Former section 400.105 derived from ord. no. 473 §1, 10-4-93; ord. no. 577 §§1 — 2, 7-7-97; ord. no. 746 §1, 7-1-02.

Section 400.110. "PR" Planned Residence District Regulations. [CC Ch. 35 §11; Ord. No. 10-1974 Ch. 35 §11, 7-1-1974; CC §21.01; Ord. No. 340, 7-5-1988; Ord. No. 529 §1, 11-201995; Ord. No. 803 §2, 6-21-2004] A.

Within the Planned Residence District, it is the purpose of these regulations to facilitate the establishment of combinations of residential uses for which no provision is made in any other "R" Residence District; and to permit flexibility in building types, relationships between buildings, and provision of supporting community facilities in the development of diverse, sound, urban environments under conditions of approved site and development plans, under the required processing procedures provided in Section 400.320 of this Chapter. This Section contains the district regulations of the "PR"


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Planned Residence District. These regulations are supplemented and qualified by additional general regulations which appear elsewhere in this Chapter. B.


Attached and detached single-family dwellings.

2.

Duplexes.

3.

Triplexes.

4.

Multiple-family dwellings, including garden apartments and townhouses.

5.

Churches.

6.


7.

Public or private not-for-profit parks and playgrounds.

8.

Home occupations.

9.

Local public utility facilities, provided that any installation other than poles and equipment attached thereto shall be adequately screened with landscaping, fencing, walls, or any combination thereof; or shall be placed underground; or shall be enclosed in a structure in such a manner so as to blend with and complement the surrounding area.

10. Name plates, information and directional signs. 11. C.




2.


3.

Nursing homes.

4.


5.


6.

Hospitals and associated clinics.

7.


8.


9.

Dormitories or group living facilities for religious, educational, or charitable purposes.

10. Fire stations. 11.


D.

Height Limitations for Structures. No structure, other than a public utility tower authorized by a Conditional Use Permit, shall exceed three (3) stories or thirty-five (35) feet in height, except as otherwise provided in Section 400.220 of this Chapter.

E.



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1.

2.

3.

F.

Area. a.

All residential structures shall be situated on tracts of land providing at least three thousand (3,000) square feet of lot area for each dwelling unit.

b.

Churches and kindergartens (separate) shall be situated on tracts of land of at least one-half (½) acre in area.

c.


d.

Except as otherwise provided in this Section, all land uses requiring a Conditional Use Permit in this District shall be situated or conducted on tracts of land at least one-half (½) acre in area; provided however, that the City Council, when approving a Conditional Use Permit for these uses may allow the establishment of said uses, on tracts of land less than one-half (½) acre where the developments and uses contemplated are deemed consistent with good planning practice; can be operated in a manner that is not detrimental to the permitted developments and uses of the district; can be developed and operated in a manner that is visually compatible with the permitted uses in the surrounding area; are deemed essential or desirable to preserve and promote the public health, safety, and general welfare of the City of St. John; and where the related parking needs, outdoor facilities, size of buildings and potential membership of the contemplated developments and uses are deemed consistent with the intensity of land use in the neighborhood where said uses are intended to locate. However, the minimum lot area for these developments and uses shall not be less than six thousand (6,000) square feet.

Front yard. a.

There shall be a front yard having a depth of not less than thirty (30) feet to the front line of the building and not less than twenty (20) feet to the front line of an unenclosed porch or paved terrace.

b.


c.


Side yard. a.

Interior lots shall provide side yards having widths of not less than ten percent (10%) of the width of the lot or ten (10) feet, whichever is greater; provided however, that such side yards need not exceed ten (10) feet each when the building height does not exceed thirty-five (35) feet.

b.

On corner lots the side yard requirements shall be the same as for interior lots, except no accessory building hereafter erected or structurally altered on a corner lot shall project beyond the front building line of the lot in the rear of such corner lot or be located less than six (6) feet from any lot line.

4.

Rear yard. There shall be a rear yard having a depth of not less than twenty percent (20%) of the depth of the lot; provided however, such rear yard need not exceed forty (40) feet.

5.

Lot Width. Every lot shall have a minimum width of seventy (70) feet.



2.

Churches shall provide one (1) off-street parking space for each four (4) seats in the main


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auditorium of the church.

G.

3.


4.

Hospitals shall provide one (1) parking space for each bed in the hospital.

5.


6.


7.


8.


9.




2.


3.


4.

For a multiple-family residential development one (1 ) business sign may be allowed which can only state the name, address, telephone number, and type of unit(s) of the development and the name of the management thereof. If free standing, the sign cannot exceed fifteen (15) square feet in outline area per facing. If attached, the sign shall not project beyond the building horizontally or vertically, nor shall it cover more than five percent (5%) of the wall area to which it is attached, except that no business sign shall exceed twenty-five (25) square feet in outline area.

5.

No free standing sign shall exceed six (6) feet in height, except as required by law.

6.


H.


I.

Buildings And/or Complexes With 25 Units Or More. Each owner of any residential apartment building or residential apartment complex which has more than twenty-five (25) units for rent, lease or hire shall be responsible to provide, at their own expense, the following: Building/Complex Manager: A full time building/complex manager on premises of said building or


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complex on a full time basis and who is responsible for the regular matters and operations of that building/complex.

Section 400.120. "C-1" General Commercial District Regulations. [CC Ch. 35 §12; Ord. No. 10-1974 Ch. 35 §12, 7-1-1974; CC §21.21; Ord. No. 262, 5-5-1986; Ord. No. 402 §1, 2-41991; Ord. No. 427, 4-6-1992; Ord. No. 803 §2, 6-21-2004; Ord. No. 996 §7, 11-19-2012] A.

The "C-1" General Commercial District of the City of St. John encompasses areas wherein may be located those stores, shops, offices, and service facilities which will provide a wide range of those goods and services usually used, consumed, or needed in the home or by individuals. It is the purpose of these regulations to facilitate the establishment of conditions suitable for the operation of small businesses catering to the general public. This Section contains the district regulations of the "C-1" General Commercial District. These regulations are supplemented and qualified by additional general regulations which appear elsewhere in this Chapter.

B.


C.

1.

Stores; shops; personal service facilities; automatic vending facilities; banks; markets; offices; recreational facilities, excluding drive-in theaters, golf practice driving ranges, and outdoor swimming pools; and associated work and storage areas required to carry on business operations in which goods and services of any kind are offered for sale or hire to the general public on the premises.

2.

Public and private libraries, reading rooms, clubs, meeting rooms, auditoriums, theaters and other facilities for public assembly of not more than one thousand (1,000) persons.

3.

Offices for governmental agencies.

4.

Fire stations, police stations, and postal stations.

5.

Clinics.

6.

Mortuaries.

7.

Local public utility facilities, provided that any installation, other than poles and equipment attached thereto, shall be adequately screened with landscaping, fencing, walls, or any combination thereof; or shall be placed underground; or shall be enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area.

8.

Business, time and temperature, information and directional signs.

9.



Service stations.

2.

Sales, rental, and servicing, including repairs, of new and used automobiles, trucks, motorcycles, trailers, construction equipment, agricultural equipment, and boats.

3.

Hotels and motels.

4.

Restaurants.


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5.

Drive-in restaurants.

6.

Churches and hospitals.

7.

Business, professional, and technical schools and universities.

8.

Professional and scientific laboratories and research facilities.

9.

Sales, servicing, repairing, and renting of equipment used by business, industry, and agriculture.

10. Children's amusement parks. 11.

Animal hospitals and clinics, excepting open kennels and exercise yards.

12. Radio, television, and communication transmitting or relay towers and facilities. 13. Public utility facilities. 14. Accessory buildings, land uses, and activities customarily incidental to any of the above uses. 15. All places where State Authorized Weekly Jackpot Lottery tickets are sold, excluding instant winner ticket sales. 16. Residential or outpatient facilities for the treatment of alcohol and other drug abuses with the following conditions: a.

If a residential facility, not more than twenty (20) persons may reside in the building at any given time.

b.

The exterior appearance of the treatment facility and property shall reasonably conform to the exterior appearance of other buildings in the vicinity.

c.

A treatment facility shall not be located closer than one (1) mile to any other substance abuse treatment facility.

d.

Any other reasonable conditions as established by the Planning and Zoning Board and/or City Council.

17. Skilled Care Nursing Home facilities. D.

E.

Height Limitations for Structures. 1.

No structure, other than a public utility tower authorized by a Conditional Use Permit, shall exceed five (5) stories or fifty-five (55) feet above the average finished ground elevation at the perimeter of such structure.

2.

Any structure, other than a public utility tower authorized by a Conditional Use Permit, exceeding thirty (30) feet in height which adjoins property in a residentially zoned district shall be set back from such property line a distance of one (1) foot for every one (1) foot in height above thirty (30) feet; such setback requirement shall be in addition to any other yard requirements as provided for in the "C-1" General Commercial District.


Area. a.

No minimum lot size shall be required for uses in this District except for any requirements set forth by the City Council when approving a Conditional Use Permit for those uses requiring such a permit.


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2.

3.

4.

F.

b.

Not more than seventy percent (70%) of the total area of any lot or tract of land used for any purpose in this District shall be covered by all the structures on such lot or tract.

c.

Where there exists a commercial operation, not more than forty percent (40%) of the combined floor area of the main building and any accessory building(s) associated with such an operation shall be used for storage purposes.

Front yard. a.

There shall be a front yard having a depth of not less than twenty-five (25) feet.

b.

Where forty percent (40%) or more of the frontage on one (1) side of the street between two (2) intersecting streets is improved with buildings that have observed a front yard line with a variation in depth of not more than ten (10) feet, no building hereafter erected or structurally altered shall project beyond the average front line so established.

c.


d.


Side yard. a.

There shall be a landscaped side yard having a depth of not less than fifteen (15) feet when abutting a residentially zoned lot.

b.

When abutting a lot zoned and lying wholly within a non-residential district, a side yard is not required; except that if a side yard is provided, it shall not be less than five (5) feet wide.

Rear yard. a.

There shall be a landscaped rear yard having a depth of not less than fifteen (15) feet when abutting a residentially zoned lot.

b.

When abutting a lot zoned and lying wholly within a non-residential district, a rear yard is not required; except that if a rear yard is provided, it shall not be less than five (5) feet in depth.

5.

Lot width. Every lot shall have a minimum width of sixty (60) feet.

6.

Lots of record. Any lot of record on July 1, 1974, which contains less area or possesses a lesser width than herein specified, may be used as a site for any use permitted by right as listed in Subsection (B) of this Section, provided however, all other relevant requirements of this Chapter are met.


Offices, laboratories, research facilities and uses accessory to these uses shall provide one (1) offstreet parking space for every two (2) employees in the maximum shift or one (1) off-street parking space for every three hundred (300) square feet of gross floor area, whichever is greater, plus one (1) off-street parking space for every vehicle used in the operation of the use and normally placed on the lot containing the use.

2.

Retail sales, restaurants, and personal service facilities shall provide an off-street parking area equal in size to three (3) times the net floor area of such building used for any purpose other than storage rooms or heating and air-conditioning equipment.

3.

Hotels and motels shall provide one (1) off-street parking space for each guest room, plus one (1) space for each employee on the major shift.

4.

Auditoriums, theaters and other places of public assembly shall provide one (1) off-street parking


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space for every four (4) seats or one (1) parking space for every fifty (50) square feet of floor space for uses without fixed seats. 5.

Schools shall provide one (1) off-street parking space for each classroom and separate office in such school, plus one (1) off-street parking space for every four (4) students over the age of sixteen (16) whom the school is designed to accommodate. For purposes of calculating the number of school students to whom these criteria refer, only pupils in the eleventh (11th) grade and above shall be considered.

6.

Libraries shall provide an off-street parking area equal in size to three (3) times the gross floor area of the library exclusive of auditoriums or meeting rooms plus one (1) additional parking space for each six (6) seats in an auditorium or meeting place accessory to a library.

7.

Churches shall provide one (1) off-street parking space for each four (4) seats in the main auditorium.

8.

Hospitals shall provide one (1) off-street parking space for each bed in the hospital.

9.

All other uses provided for in this Section shall provide sufficient parking spaces for employees', customers' or visitors' vehicles so as to ensure that no such vehicle need be parked on any street.

10. One (1) paved off-street loading space shall be provided on the premises for each fifteen thousand (15,000) square feet, or fraction thereof, of gross floor area in every building. Each loading space shall measure no less than ten by forty (10 x 40) feet and shall have a height clear of obstructions of fourteen (14) feet. 11. G.



Information signs shall not exceed sixteen (16) square feet in outline area per facing, and shall have a maximum height of ten (10) feet when such signs are free standing.

2.

Directional signs shall not exceed ten (10) square feet in outline area per facing, and shall have a maximum height of five (5) feet when such signs are free standing.

3.

There shall be no more than one (1) attached business sign used in connection with any permitted business. Each such business sign may be a maximum of eighty (80) square feet in outline area. However, a building which is occupied by only one (1) business, or only one (1) business above the first (1st) floor may have an attached business sign on each wall facing the public street, provided that such wall exceeds four hundred (400) square feet in total area; and further provided that each such sign shall not exceed one hundred fifty (150) square feet per facing or five percent (5%) of the area of the wall on which it is attached, whichever is greater.

4.

Only one (1) free-standing business sign relating to articles and services offered within the building or identifying the building or land use, may be erected within the building line. A building or land use located on more than one (1) public street right-of-way may have a free-standing business sign located facing each such street. Free standing business signs shall not exceed eighty (80) square feet in outline area per facing, or fifteen (15) feet in width, and shall not be closer than fifteen (15) feet to any other sign. Any free-standing or attached business sign that exceeds eighty (80) square feet shall be required to get approval of the City Council under conditions and requirements of the special use permit.

5.

No free standing sign shall extend more than thirty (30) feet above the elevation of the adjacent street or the elevation of the average finished ground along the side of the building facing the street, whichever is greater.


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H.

6.

Temporary business signs shall be limited to one (1) business sign per individual business. A new business may have one (1) temporary sign for a maximum of sixty (60) consecutive days only in one (1) calendar year. An existing business may have one (1) temporary business sign for not more than three (3) separate periods in a calendar year. Each period may not extend more than thirty (30) days with a total of ninety (90) days in one (1) calendar year. Temporary signs shall not exceed sixty (60) square feet and not exceed six (6) feet in height. Temporary signs shall not be displayed on public property, right-of-way, sidewalks or streets. A permit fee of five dollars ($5.00) shall be paid to the City of St. John for each separate period for which a temporary business sign permit is granted. Nothing in this Section shall limit the number of message changes allowed on the temporary business sign in any one period.

7.

No more than one (1) time and temperature sign shall be allowed in connection with any one (1) business establishment. Such sign shall not exceed ten (10) square feet per outline area per facing, and no such sign shall be erected closer than one thousand (1000) feet of another time and temperature sign.

8.


Landscape Requirements. 1.

I.

Where a non-residential development is adjacent to a residential land use, a dense planting strip or a six (6) foot high sight proof fence shall be provided within the required side and rear yards of that non-residential development where it abuts said residential lot.

Performance Standards. All uses established in a "C-1" General Commercial District shall operate in accordance with the appropriate performance standards contained in Section 400.190 of this Chapter.

Section 400.130. "PC" Planned Commercial District Regulations. [CC Ch. 35 §13; Ord. No. 10-1974 Ch. 35 §13, 7-1-1974] A.

The "PC" Planned Commercial District of the City of St. John encompasses areas wherein may be located developments and uses permitted in the "C-1" General Commercial District. Within the Planned Commercial District, it is the purpose of these regulations to facilitate the establishment of developments and uses in locations where it would be appropriate to the area if they were to take place under conditions of approved site and development plans, under the required processing procedures provided in Section 400.320 of this Chapter. This Section contains the district regulations of the "PC" Planned Commercial District. These regulations are supplemented and qualified by additional general regulations which appear elsewhere in this Chapter.

B.

Permitted Land Uses and Developments. In a Planned Commercial District, the uses permitted are only the uses permitted in the "C-1" General Commercial District, as listed in Section 400.120, Subsection (B) of this Chapter. If a structure is located within the District which was originally built and designed as residential, the structure may be used for both purposes.

C.

Conditional land uses which may be permitted in the "PC" Planned Commercial District are the same as those listed in Section 400.120, Subsection (C) of the "C-1" General Commercial District; provided however, that such conditional land uses are approved by the City Council as part of the ordinance authorizing the establishment of the particular planned commercial development, under the required processing procedures provided in Section 400.320 of this Chapter.

D.

Height Limitations for Structures. The height limitations for structures in the "PC" Planned Commercial


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District shall be the same as those in the "C-1" General Commercial District, as specified in Section 400.120, Subsection (D), of this Chapter; except that the total height of any structure may be further limited by the conditions contained in the ordinance authorizing the particular planned commercial development, under the required processing procedures provided in Section 400.320 of this Chapter. E.


The dimension, area and yard requirements for any lot in the Planned Commercial District shall be as established in the conditions contained in the ordinance authorizing the establishment of the particular planned commercial development, under the required processing procedures provided in Section 400.320 of this Chapter; except that in the instance where said development abuts residentially zoned property, such conditions shall include as a minimum requirement a landscaped yard having a depth of not less than fifteen (15) feet on each side where said development abuts residentially zoned property.

2.


F.

Off-Street Parking and Loading Requirements. The off-street parking and loading requirements in the "PC" Planned Commercial District shall be the same as those in the "C-1" General Commercial District, as specified in Section 400.120, Subsection (F), of this Chapter; except that additional requirements may be included in the conditions contained in the ordinance authorizing the particular planned commercial development, under the required processing procedures provided in Section 400.320 of this Chapter.

G.

Sign Regulations. Specific sign regulations may be contained in the conditions in each ordinance authorizing the establishment of the particular planned commercial development; however, in no instance shall they be less restrictive than required in the "C-1" General Commercial District.

H.

Landscape Requirements. Specific landscape requirements shall be contained in the conditions in each ordinance authorizing the establishment of the particular planned commercial development; however, in no instance shall they be less restrictive than required in the "C-1" General Commercial District.

I.

Performance Standards. All uses established in a Planned Commercial District shall operate in accordance with the appropriate performance standards contained in Section 400.190 of this Chapter. These performance standards are minimum requirements and may be made more restrictive in the conditions of the ordinance authorizing the establishment of a particular planned commercial development, where the City Council determines that such restrictions are necessary to protect the general welfare.

Section 400.140. "PC/R" Planned Commercial and Residential District Regulations. [CC Ch. 35 §14; Ord. No. 10-1974 Ch. 35 §14, 7-1-1974; Ord. No. 529 §1, 11-20-1995; Ord. No. 932 §§1 — 2, 6-152009] A.

The "PC/R" Planned Commercial and Residential District of the City of St. John encompasses areas wherein may be located certain developments and uses permitted in the "C-1" General Commercial District or "PR" Planned Residence District, either separately or in combination. Within the Planned Commercial and Residential District, it is the purpose of these regulations to facilitate the establishment of combinations of residential and commercial uses for which combinations no provision is made in any other zoning district; to permit flexibility in building types, spatial relationships


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between buildings and a mix of certain residential and commercial uses in locations where it would be appropriate to the area if such uses were to take place under conditions of approved site and development plans, under the required processing procedures provided in Section 400.320 of this Chapter. This Section contains the district regulations of the "PC/R" Planned Commercial and Residential District. These regulations are supplemented and qualified by additional general regulations which appear elsewhere in this Chapter. B.

C.

D.


Multiple-family dwellings, under the conditions specified in Subsections (C and E,3) of this Section.

2.

Offices, including medical and dental clinics, but excluding hospitals.

3.

Stores and shops in which foodstuffs, beverages, pharmaceutical, household supplies and personal-use items are sold directly to the public for consumption elsewhere than on the premises, barber or beauty shops, and laundry or dry cleaning pick-up stations or self-service laundry or dry cleaning facilities; provided however, that the total gross floor area of any business, firm or activity shall not exceed two thousand five hundred (2,500) square feet in area, exclusive of basements which shall not be used for sales space; and further provided that such uses shall occupy no more than five percent (5%) of the gross floor area of the building where they are located, or if provided in a single building of a multi-building development, they shall occupy an area of no more than five percent (5%) of the total gross floor area of the residential buildings within the development.

4.


5.

Business, information, and directional signs.

6.


All of the above permitted uses and developments are subject to the required processing procedures provided in Section 400.320 of this Chapter; except that the Processing Procedures for Permitted Uses and Developments, as provided in Section 400.310 of this Chapter, shall apply, provided that the subject tract of land is that which is enclosed by the property boundaries of 8919 St. Charles Rock Road, 3326 Eminence Avenue, 3333 and 3335 Brown Road and zoned as PC/R (Planned Commercial and Residential) on the Zoning Map, and further provided that the following requirements are met: 1.

Development on this tract of land follows the general design concept of the development plan for this area, as discussed in Chapter 12 of the 1974 Comprehensive Plan of the City of St. John and shown on Plate 13.

2.

The proposed multiple-family housing is restricted to the elderly (those persons fifty-five (55) years of age or older), and the office tower is designed primarily for medical and dental facilities; a combination which has been established in the 1974 Comprehensive Plan of the City of St. John to be of the highest value to the general welfare of the community.

3.

Buildings and/or complexes with 25 units or more. Each owner of any residential apartment building or residential apartment complex which has more than twenty-five (25) units for rent, lease or hire shall be responsible to provide, at their own expense, the following: Building/Complex Manager: A full time building/complex manager on premises of said building or complex on a full time basis and who is responsible for the regular matters and operations of that building/complex.

Height Limitations for Structures. No structure shall exceed one hundred and fifty (150) feet above the


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average finished ground elevation at the perimeter of such structure; provided however, that any structure exceeding thirty (30) feet in height, which adjoins property in a residentially zoned district shall be set back from such property line a distance of one (1) foot for every one (1 ) foot in height above thirty (30) feet; and such setback requirement shall be in addition to any other yard requirements as provided for in this Section. E.

F.


The dimension area and yard requirements for any lot in the Planned Commercial and Residential District shall be as established in the conditions contained in the ordinance authorizing the establishment of the particular planned commercial and/or residential development, under the required processing procedures provided in Section 400.320 of this Chapter, except that in the instance where said development abuts residentially zoned property, such conditions shall include as a minimum requirement a landscaped yard having a depth of not less than fifteen (15) feet on each side where said development abuts residentially zoned property.

2.


3.

For each tract of land in single ownership or management control within a Planned Commercial and Residential District, all residential structures shall be situated on tracts of land providing at least three thousand (3,000) square feet of lot area for each dwelling unit; except that in the instance of specified housing for the elderly (those persons fifty-five (55) years of age or older), said density may reach but not exceed one thousand seven hundred fifty (1,750) square feet of lot area for each dwelling unit.


A minimum of two (2) paved off-street parking spaces shall be provided for each dwelling unit; except that in the instance of specified housing for the elderly (those persons fifty-five (55) years of age or older), the off-street parking requirement may be reduced to one (1) paved off-street parking space for each dwelling unit.

2.

The off-street parking and loading requirements for commercial uses shall be the same as those in the "C-1" General Commercial District, as specified in Section 400.120, Subsection (F) of this Chapter; except that additional requirements may be included in the conditions contained in the ordinance authorizing the particular planned commercial development, under the required processing procedures provided in Section 400.320 of this Chapter.

G.

Sign Regulations. Specific sign regulations may be contained in the conditions in each ordinance authorizing the establishment of the particular planned commercial and/or residential development; however, in no instance shall they be less restrictive than required in the "C-1" General Commercial District.

H.

Landscape Requirements. Specific landscape requirements shall be contained in the conditions in each ordinance authorizing the establishment of the particular planned commercial and/or residential development; however, in no instance shall they be less restrictive than required in the "C-1" General Commercial District.

I.

Performance Standards. All uses established in a Planned Commercial and Residential District shall operate in accordance with the appropriate performance standards contained in Section 400.190 of this Chapter. These performance standards are minimum requirements and may be made more restrictive in the conditions of the ordinance authorizing the establishment of a particular planned commercial and/or residential development, where the City Council determines that such restrictions are necessary to protect the general welfare.


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Section 400.150. "PLI" Planned Light Industrial District Regulations. [CC Ch. 35 §15; Ord. No. 10-1974 Ch. 35 §15, 7-1-1974] A.

The "PLI" Planned Light industrial District of the City of St. John encompasses industrial areas wherein may be achieved a satisfactory correlation of factors such as adequate transportation facilities, accessibility to dwelling areas, efficient land assembly, adequate topographic conditions, and adequate provision of public utility facilities required by industry. Within this District, it is the purpose of these regulations to facilitate the establishment of manufacturing and warehousing areas, not offensive to adjacent residential areas, in locations where it would be appropriate to the area if they were to take place under conditions of approved site and development plans, under the required processing procedures provided in Section 400.320 of this Chapter. This Section contains the district regulations of the "PLI" Planned Light Industrial District. These regulations are supplemented and qualified by additional general regulations which appear elsewhere in this Chapter.

B.


C.

1.

Manufacturing or fabrication of any commodity from semi-finished materials, except explosives or flammable gases or liquids.

2.

Warehousing or wholesaling of manufactured goods.

3.

Laundries and dry cleaning plants, not including personal and individual drop-off and pick-up service.

4.

Research laboratories and facilities.

5.


6.

Business, information and directional signs.

7.


Conditional Land Uses and Developments. (Which may be approved by the City Council under conditions and requirements specified in Section 400.320 of this Chapter). 1.

Radio, television, and communication transmitting or relay towers and facilities.

2.


3.


D.

Height Limitations for Structures. No structure, other than public utility or communication towers and facilities authorized by a Conditional Use Permit, shall exceed five (5) stories or fifty-five (55) feet in height; provided however, that no structure located on a lot abutting residentially zoned property shall exceed three (3) stories or forty (40) feet above the average finished ground elevation at the perimeter of such structure.

E.


The dimension, area and yard requirements for any lot in the Planned Light Industrial District shall be as established in the conditions contained in the ordinance authorizing the establishment of


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the particular planned light industrial development, under the required processing procedures provided in Section 400.320 of this Chapter; except that in the instance where said development abuts residentially zoned property, such conditions shall include as a minimum requirement a landscaped yard having a depth of not less than twenty (20) feet on each side where said development abuts residentially zoned property. 2. F.

No merchandise or other materials shall be stored or displayed outdoors.


Laboratories, research facilities, retail sales, and uses accessory to these activities shall provide one (1) off-street parking space for every two (2) employees or one (1) space for every three hundred (300) square feet of gross floor area, whichever is greater, plus one (1) parking space for each vehicle used in the operation of said activities.

2.

For all other uses, one (1) off-street parking space shall be provided for every two (2) employees on the largest shift of any activity, plus one (1) off-street parking space for each vehicle used in the operation of such activity.

3.

Every structure or building containing at least five thousand (5,000) square feet of gross floor area shall provide off-street loading space measuring not less than ten by forty (10 x 40) feet and having a height clear of obstruction of fourteen (14) feet, according to the following schedule: Gross Floor Area Number of Loading Spaces 5,000 sq. ft. to 24,000 sq. ft. 1 24,000 sq. ft. to 60,000 sq. ft. 2 60,000 sq. ft. to 96,000 sq. ft. 3 96,000 sq. ft. to 144,000 sq. ft. 4 144,000 sq. ft. to 192,000 sq. ft. 5 192,000 sq. ft. to 240,000 sq. ft. 6 240,000 sq. ft. to 294,000 sq. ft. 7 294,000 sq. ft. to 348,000 sq. ft. 8 For each additional 54,000 sq. ft. 1 additional space

G.

Sign Regulations. Specific sign regulations may be contained in the conditions in each ordinance authorizing the establishment of the particular planned light industrial development; however, in no instance shall they be less restrictive than required in the "C-1" General Commercial District.

H.

Landscape Requirements. Specific landscape requirements shall be contained in the conditions in each ordinance authorizing the establishment of the particular planned light industrial development, however, in no instance shall they be less restrictive than required in the "C-1" General Commercial District.

I.

Performance Standards. All uses established in a Planned Light Industrial District shall operate in accordance with the appropriate performance standards contained in Section 400.190 of this Chapter. These performance standards are minimum requirements and may be made more restrictive in the conditions of the ordinance authorizing the establishment of a particular planned light industrial development, where the City Council determines that such restrictions are necessary to protect the general welfare.

Section 400.160. "SR/O" Special Residence and Office District Regulations. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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[CC Ch. 35 §16; Ord. No. 10-1974 Ch. 35 §16, 7-1-1974] A.

The purpose of this Section is to provide an alternate ("overlay") zoning district for the "R-1" SingleFamily Residence District, for the specific tract of land within the City of St. John, which is bounded to the north by the City limits, to the east by Woodson Road, to the south by North Avenue, and to the west by Calvert Avenue. Within this "overlay" Special Residence and Office District, it is the purpose of these regulations to facilitate the establishment of combinations of residential and office commercial uses; provided that the entire tract of land, as described above and as indicated on the Zoning Map which accompanies and is part of this Chapter, develops as a single planned unit; and further provided that such development takes place under conditions of approved site and development plans, under the required processing procedures provided in Section 400.320 of this Chapter. This Section contains the district regulations of the "SR/O" Special Residence and Office District. These regulations are supplemented and qualified by additional general regulations which appear elsewhere in this Chapter.

B.


Residential dwellings, other than single-family detached dwellings, under the conditions specified in Subsection (E,4) of this Section.

2.

Offices.

3.

Business, information and directional signs.

4.


C.

All of the above permitted uses and developments are subject to the general requirement that the "SR/O" Special Residence and Office District as indicated on the Zoning Map develops as a single planned unit, under the required processing procedures provided in Section 400.320 of this Chapter, and adhering to the general design principles prescribed for this particular area of the City in the 1974 Comprehensive Plan of the City of St. John.

D.

Height Limitations for Structures. No structure shall exceed five (5) stories or fifty-five (55) feet above the average finished ground elevation at the perimeter of such structure; and provided that any structure exceeding thirty-five (35) feet in height shall be set back from adjoining property lines a distance of one (1) foot for every one (1) foot in height above thirty-five (35) feet; and such setback requirement shall be in addition to any other yard requirements as provided for in this Section.

E.


F.

1.

The dimension and area requirements are established under the general requirement described in Paragraph (3) of this Subsection.

2.

The yard requirements shall be established in the conditions contained in the ordinance authorizing the establishment of the particular planned office commercial and/or residential development, under the required processing procedures provided in Section 400.320 of this Chapter; except that where said development abuts residentially zoned property, such conditions shall include as a minimum requirement a landscaped yard having a depth of not less than fifteen (15) feet on each side where said development abuts residentially zoned property.

3.


4.

If the "SR/O" Special Residence and Office District develops in residential use, either partially or in totality, the overall residential density for this particular "overlay" district shall not exceed four thousand (4,000) square feet of lot area for each dwelling unit.

Off-Street Parking and Loading Requirements.


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1.


2.

Offices and their accessory uses shall provide one (1) off-street parking space for every two (2) employees in the maximum shift or one (1) off-street parking space for every three hundred (300) square feet of gross floor area, whichever is greater, plus one (1) off-street parking space for every vehicle used in the operation of the use and normally placed on the lot containing the use.

G.

Sign Regulations. Specific sign regulations may be contained in the conditions of the ordinance authorizing the establishment of the particular planned residential and/or office development; however, in no instance shall they be less restrictive than required in the "C-1" General Commercial District.

H.

Landscape Requirements. Specific landscape requirements shall be contained in the conditions of the ordinance authorizing the establishment of the particular planned residential and/or office development; however, in no instance shall they be less restrictive than required in the "C-1" General Commercial District.

I.

Performance Standard. All uses established in the Special Residence and Office District shall operate in accordance with appropriate performance standards contained in Section 400.190 of this Chapter. These performance standards are minimum requirements and may be made more restrictive in the conditions authorizing the establishment of the particular planned residential and/or office development, where the City Council determines that such restrictions are necessary to protect the general welfare.

Section 400.170. "SC" Special Commercial District Regulations. [CC Ch. 35 §17; Ord. No. 10-1974 Ch. 35 §17, 7-1-1974; Ord. No. 962 §3, 3-21-2011] A.

The purpose of this Section is to provide an alternate ("overlay") zoning district for the "R-1" SingleFamily Residence District and "PC" Planned Commercial District, for the specific tract of land within the City of St. John, which is bounded by Hume Avenue to the north, Endicott Avenue to the east, St. Charles Rock Road to the south, and Walton Road to the west. Within this "overlay" Special Commercial District, it is the purpose of these regulations to facilitate the establishment of combinations of commercial uses; and further provided that such development takes place under conditions of approved site and development plans, under the required processing procedures provided in Section 400.320 of this Chapter. This Section contains the district regulations of the "SC" Special Commercial District. These regulations are supplemented and qualified by additional general regulations which appear elsewhere in this Chapter.

B.


Stores; shops; personal service facilities; automatic vending facilities; banks; markets; offices; recreational facilities, excluding drive-in theaters, golf practice driving ranges, and outdoor swimming pools; restaurants; and associated work and storage areas required to carry on business operations.

2.

Libraries, bookstores, and reading rooms.

3.

Public and private clubs, meeting rooms, auditoriums, and other facilities for public assembly of not more than one thousand (1,000) persons.

4.

Local public utility facilities, provided that any installation other than poles and equipment attached thereto shall be adequately screened with landscaping, fencing, walls, or any combination thereof; or shall be placed underground; or shall be enclosed in a structure in such a manner so as


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to blend with and complement the character of the surrounding area.

C.

5.

Business, information, and directional signs.

6.


All of the above permitted uses and developments are subject to the following general conditions. 1.

Construction bids are accepted by the Missouri State Highway Commission for that section of the innerbelt (State Highway 725) between Page Avenue and Natural Bridge Road.

2.

The processing procedures provided in Section 400.320 of this Chapter shall apply.

3.

The general design principles prescribed for this particular area within the 1974 Comprehensive Plan of the City of St. John are followed by any development within the Special Commercial District.

D.

Height Limitation of Structures. No structure shall exceed one hundred and fifty (150) feet above the average finished ground elevation at the perimeter of such structure; and provided that any structure exceeding thirty-five (35) feet in height, which adjoins property in a residentially zoned district shall be set back from such property line a distance of one (1) foot for every one (1) foot in height above thirtyfive (35) feet; and such setback requirement shall be in addition to any other yard requirements as provided for in this Section.

E.


The dimension, area and yard requirements for any lot in the Special Commercial District shall be as established in the conditions contained in the ordinance authorizing the establishment of the particular planned commercial development, under the required processing procedures of Section 400.320 of this Chapter; except that in the instance where said development abuts residentially zoned property, such conditions shall include as a minimum requirement a landscaped yard having a depth of not less than fifteen (15) feet on each side where said development abuts residentially zoned property.

2.


F.

Off-Street Parking and Loading Requirements. The off-street parking and loading requirements in the "SC" Special Commercial District shall be the same as those in the "C-1" General Commercial District, as specified in Section 400.120, Subsection (F) of this Chapter; except that additional requirements may be included in the conditions contained in the ordinance authorizing the particular commercial development, under the required processing procedures provided in Section 400.320 of this Chapter.

G.

Sign Regulations. Specific sign regulations may be contained in the conditions in each ordinance authorizing the establishment of the particular planned commercial development; however, in no instance shall they be less restrictive than required in the "C-1" General Commercial District.

H.

Landscape Requirements. Specific landscape requirements shall be contained in the conditions in each ordinance authorizing the establishment of the particular planned commercial development; however, in no instance shall they be less restrictive than required in the "C-1" General Commercial District.

I.

Performance Standards. All uses established in the Special Commercial District shall operate in accordance with the appropriate performance standards contained in Section 400.190 of this Chapter. These performance standards are minimum requirements and may be made more restrictive in the conditions of the ordinance authorizing the establishment of a particular planned commercial development, where the City Council determines that such restrictions are necessary to protect the general welfare.


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Article IV. General Regulations Section 400.180. General Regulations. [CC Ch. 35 §18; Ord. No. 10-1974 Ch. 35 §18, 7-1-1974] Unless otherwise stated, the regulations hereafter established shall apply within all districts established by this Chapter or by amendment thereto. These general regulations supplement and qualify the district regulations appearing elsewhere in this Chapter.

Section 400.190. Zoning Performance Standards. [CC Ch. 35 §19; Ord. No. 10-1974 Ch. 35 §19, 7-1-1974] A.

This Section contains the Zoning Performance Standards for the City of St. John. These standards shall apply to all land uses and developments in the Commercial and Industrial Zoning Districts and all land uses requiring a Conditional Use Permit within any Residential district.

B.

Performance Standards. 1.

Vibration. Every use shall be so operated that the maximum ground vibration generated is not perceptible without instruments at any point on the lot line of the lot on which the use is located.

2.

Noise. Every use shall be so operated that the pressure level of sound or noise generated, measured in decibels, shall not exceed, at any point on the lot line, the maximum decibel levels for the designated octave band as set forth in the following table for the appropriate area: Maximum Permitted Sound Pressure Level in Decibels Octave Band Cycles Within or Adjacent to "R" per Second Residence Districts Within All Other Areas 0 to 75 72 79 75 to 150 67 74 150 to 300 59 66 300 to 600 52 59 600 to 1200 46 53 1200 to 2400 40 47 2400 to 4800 34 41 above 4800 32 39

3.

Odor. Every use shall be so operated that no offensive or objectionable odor is emitted in accordance with the requirements of St. Louis County Health Department Ordinance 3347, 1964, or as amended.

4.

Smoke. Every use shall be so operated that no smoke from any source shall be emitted that exceeds the emission levels in the requirements of St. Louis County Health Department Ordinance 3347, 1964, or as amended.

5.

Toxic gases. Every use shall be so operated that there is no emission of toxic, noxious, or corrosive fumes or gases which exceed the emission levels in the requirements of St. Louis County Health Department Ordinance 3347, 1964, or as amended.


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6.

Emission of dirt, dust, fly ash, and other forms of particulate matter. The emission of dirt, dust, fly ash, and other forms of particulate matter shall not exceed the emission levels in the requirements of St. Louis County Health Department Ordinance 3347, 1964, or as amended.

7.

Radiation. Every use shall be so operated that there is no dangerous amount of radioactive emissions in accordance with the standards of the Federal Radiation Council.

8.

Glare and heat. Any operation producing intense glare or heat shall be performed in an enclosure in such a manner so as to be imperceptible along any lot line without instruments.

9.

Any addition, modification or change in any regulations, code, ordinance or other standard referred to in Zoning Performance Standards shall become a part of these regulations.

Section 400.200. Supplementary Off-Street Parking Regulations. [CC Ch. 35 §20; Ord. No. 10-1974 Ch. 35 §20, 7-1-1974; Ord. No. 803 §4, 6-21-2004] A.

The off-street parking requirements specified in each zoning district are supplemented and/or qualified by the following general regulations: 1.

An area used for off-street parking space for four (4) or more vehicles shall be effectively screened from adjoining residential property. Such screening shall consist of louvered fence, solid fence, or wall, and such screening shall not be less than six (6) feet in height above the surface elevation of the parking area, except where sight distance regulations at street intersections require other arrangements.

2.

In a residential district. a.

The required parking spaces to serve residential uses shall be provided on the same parcel of land that the residential use is located. Parking space required by this Chapter for nonresidential use in a residential district shall be provided on the same lot as the principal use or on a contiguous lot.

b.

Parking space provided in an enclosed or semi-enclosed structure shall not project beyond any required building line, except as may be provided in Section 400.090, Subsection E(6), and Section 400.100, Subsection E(6) of this Chapter. Parking space provided in an unenclosed area shall not encroach on the front yard of any residential district.

3.

In a commercial district, parking space provided in an unenclosed area shall not be closer to the front property line than fifteen (15) feet. The area between the front property line and the building line, except for required driveways, shall be landscaped and such landscaping shall be adequately maintained.

4.

In an industrial district, parking space provided in an enclosed structure shall not project beyond any required building line. In an industrial district, parking space provided in an unenclosed area shall not encroach on the required front yard except that additional parking not to exceed five (5) spaces per one hundred (100) feet of frontage may be placed within the required front yard area, provided that access from the street to the parking spaces is by a driveway and that at least twenty percent (20%) of the front yard area is landscaped and such landscaping shall be adequately maintained.

5.

Off-street parking space in a commercial or industrial district shall not be located nearer than twenty (20) feet to any residential property line.


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6.

In computing the parking space requirements, the following shall apply: a.

Where fractional spaces result, the parking spaces required shall be construed to be the nearest whole number.

b.

The parking space requirement for a use not specifically mentioned herein shall be the same as required for a use of similar nature.

c.

Whenever a building or use constructed or established after July 1, 1974, is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity, or otherwise, to create a need for an increase of five percent (5%) or more in the number of existing parking spaces, such spaces shall be provided on basis of the enlargement or change. Whenever a building or use existing prior to July 1, 1974, is enlarged to the extent of ten percent (10%) or more in floor area or in the area used, said building or shall use then and thereafter comply with the parking requirements set forth herein.

7.

Two (2) or more uses may combine to provide the required parking space jointly; however, the parking space so provided shall equal the total space required if each use were to provide parking space separately, except as provided below. A written agreement, among the owners of the various properties involved, thereby assuring the retention of such parking spaces for the specified purpose, shall be properly drawn and executed by the parties concerned, approved as to form, and executed by the City Attorney, after the plans for such joint parking are approved by the Planning and Zoning Board. Such written agreement shall be filed with the application for a construction permit.

8.

In combining uses to provide the required parking space jointly, the following may apply: Up to fifty percent (50%) of the parking spaces required for theaters, bowling alleys, dance halls or night clubs; and up to one hundred percent (100%) of the parking spaces required for a church or school auditorium may be provided and used by banks, offices, retail stores, repair shops, service establishments and similar uses not normally open, used, or operated during the same hours as those listed above; provided however, that written agreement thereto is properly executed and filed as specified in Paragraph (7) above.

9.

Wherever a parking area is permitted, with the exception of those parking areas within the "PS" Park and Scenic District, the same, including driveways, shall be paved with asphaltic concrete or Portland cement concrete, and shall meet applicable building code requirements.

10. All areas for off-street parking, excluding those of single-family and duplex residences, shall be so arranged so that vehicles can turn around within the area and enter the street or roadway in such a manner so as to completely eliminate the necessity for backing into the street or roadway. 11.

When necessary, parking stalls shall contain wheel guards or be curbed in such a manner to ensure that no vehicle will overhang sidewalks or landscaped areas and to ensure that vehicle movement be restricted to driving aisles and driveways.

12. A minimum of one (1) two hundred (200) square foot, curbed, landscaped island shall be provided at the ends of each single row of parking stalls and one (1) four thousand (4000) square foot, curbed, landscaped island shall be provided at the ends of each double row of parking stalls. 13. No off-street parking space required under this Chapter shall be used for any purpose other than parking, and no vehicle shall be parked behind the lot line other than on a paved parking space. 14. All required parking spaces, driving aisles, and access streets shall be constructed prior to the issuance of any occupancy permit. 15. Each parking stall shall have a width of not less than ten (10) feet, and a depth of not less than twenty (20) feet. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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Section 400.210. Supplementary Sign and Lighting Regulations. [CC Ch. 35 §21; Ord. No. 10-1974 Ch. 35 §20, 7-1-1974; CC §§21.09-21.22; Ord. No. 177, 12-1-1980; Ord. No. 178, 12-15-1980; Ord. No. 237, 2-18-1985; Ord. No. 264, 6-2-1986; Ord. No. 343, 8-1-1988; Ord. No. 405 §1, 4-15-1991; Ord. No. 407 §1, 5-6-1991; Ord. No. 815 §1, 11-15-2004] A.

The following signs shall be permitted in all zoning districts, and do not require permits: 1.

Official traffic signs and their supports, directional, information or warning signs or sign supports, and street signs and their supports when erected or authorized to be erected by a governmental agency.

2.

Temporary signs indicating danger.

3.

Changing of the copy or parts of any sign that is required in the course of normal maintenance.

4.

During the construction period of a development, a temporary sign which identifies the architects, engineers, contractors, and other individuals or firms involved with the construction, and announces the character of the building, enterprise or the purpose for which the building is intended, but not including any advertisement of any product; providing, however, that there is only one (1) sign erected for each street frontage. The area of the sign for any one (1) firm shall not exceed nine (9) square feet in area or five (5) feet in height in residential districts, and fifteen (15) square feet in area or ten (10) feet in height in commercial and industrial districts. The sign shall be confined to the site of the construction and shall be removed within fourteen (14) days of the issuance of an occupancy permit for the structure with which the sign is associated.

5.

Public notices and legal notices as required by law.

6.

Signs on a truck, bus, trailer or other vehicle, while in use in the normal course of business. This is not to be interpreted to permit parking or storage of a vehicle to which signs are attached for merely advertising purposes.

7.

Public signs of a non-commercial nature and in the public interest erected by or on the order of a public officer in the performance of his public duty, including, but not limited to safety signs, danger signs, trespassing signs, memorial plaques, and signs of historical interest.

8.

Special decorative displays used for public holidays.

9.

Window display signs affixed to a window or part of a display of merchandise inside the window when limited in area to twenty percent (20%) of the total glass area of the window.

10. Integral signs; that is, name of building, date of erection, monumental citation, commemorative tablet and the like when carved into stone, concrete, or similar material, made of bronze, aluminum, or other permanent type construction and made an integral part of the structure. 11.

Building street number and warning signs related to a condition on the premises not exceeding one (1) square foot in outline area per facing.

12. Real estate signs advertising the sale, rental, lease, trade or other conveyance of any kind or type of real estate interest; provided however, that any such real estate sign shall be subject to the following regulations: a.

Only one (1) sign shall be posted for any parcel or contiguous parcels sought to be conveyed in a residential district. The only exception to this prohibition is the one (1) "Open" sign which


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may be displayed as indicated in Subsection A (12,e) below. b.

The facing of a sign in a residential district where advertising is to appear shall not be more than three (3) feet in length and two (2) feet in height with a maximum of two (2) facings.

c.

The maximum height of any said sign in a residential district shall not be more than six (6) feet above ground level and there shall not be more than two (2) supporting poles for each sign, said supporting poles not to exceed four (4) inches by four (4) inches in pole sides.

d.

No such sign in a residential district shall be placed on any easement or public right-of-way and must be on the real property offered for sale, but not affixed to or placed on any building or structure on such real property.

e.

Off-premises advertising or indicating that property in the City or any other area is for sale, rent or lease are hereby prohibited, except that four (4) off-premise "OPEN" signs may be posted on each Saturday or Sunday no sooner than thirty (30) minutes prior to, and no longer than thirty (30) minutes after the actual time the property is held open for public inspection. In no event shall the off-premise signs be posted prior to 11:30 A.M. or past 5:30 P.M. Those agents, brokers or individuals wishing to post off-premise "OPEN SIGNS" shall first register with the City of St. John their intent to do so on a form provided by the City Hall staff. Said form shall list all the foregoing guidelines and will require the agent, broker or individual's signature to attest that the guidelines have been read, understood and will be adhered to. In addition, one (1) "OPEN" sign may be displayed on the property which is for sale, rent or lease only during the time the property is open to the public for inspection. This "on-premise" sign shall not require registration as provided for in the foregoing paragraph. The agent, broker or individual shall be responsible for complying with this Subsection.

f.

The facing of a real estate sign in a commercial district shall not be more than eight (8) feet in length and four (4) feet in height with a maximum of one (1) facing. No such sign shall be placed on any easement or public right-of-way. A limit of one (1) such sign is allowed per parcel or for any grouping of contiguous parcels.

g.

Any real estate sign governed by this Chapter may contain a statement regarding only the present zoning classification of the subject parcel, and in no event shall any said sign contain a statement about a prospective and/or speculative zoning change for said parcel.

h.

Removal of signs shall be governed by Subsection C (6) of this Section.

i.

Any person violating any provision of this Subsection shall be deemed guilty of a misdemeanor and, upon conviction, shall be subject to a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00). Any person convicted of subsequent offenses shall be subject to a fine of not less than double the fine assessed for the previous offense up to a maximum of five hundred dollars ($500.00).

13. Political campaign signs are allowed without a permit in any zoning district subject to the following: a.

Signs may announce the candidate seeking public office and other pertinent data or issues before the voters and other information pertinent thereto;

b.

Signs shall not exceed four (4) square feet in total area for any one (1) sign or five (5) feet in height;

c.

The maximum total sign area for all signs combined shall not exceed sixteen (16) square feet total for each lot or each dwelling unit;

d.

Said signs shall only be placed on private property ten (10) feet or more from the street curb


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or curb line and only with the consent of the private property owner thereof; e. B.

C.

D.

Signs shall be removed within three (3) days after the election for which they were made.

The following signs shall not be permitted in any zoning district: 1.

Mechanical signs.

2.

Signs painted on the surface of roofs that are visible from the public right-of-way.

3.

Projecting signs.

The sign regulations specified in each zoning district are supplemented and qualified by the following Supplementary Sign and Lighting Regulations. 1.

No sign or light standard shall be placed within or project over that portion of any street or alley right-of-way used or proposed to be used for vehicular traffic, except that this shall not apply to public signs and light standards erected by public agencies or utilities in the performance of their work as required by law.

2.

No sign or parts thereof projecting over any part of a sidewalk or walkway shall be erected less than eight (8) feet, measured vertically, above any part of such sidewalk or walkway; except for a barber's pole that is not more than six (6) inches in diameter, twenty-four (24) inches in length and projects not more than ten (10) inches from the building wall to which it is attached.

3.

No sign shall be permitted to obstruct any window, door, fire escape, stairway or opening intended to provide light, air, ingress or egress for any building or structure.

4.

No sign may be erected that, by reason of position, shape or color would interfere with the proper functioning of a traffic sign or signal, or a directional sign.

5.

No sign shall be erected within the required front yard of any district except those permitted in all zoning districts, as listed in Subsection (A) above, provided however, that such erection does not conflict with any of the provisions of this Chapter or other applicable ordinances. Directional signs and temporary business signs may also be erected within the front yard of those districts in which such signs are permitted, unless otherwise stated.

6.

Any sign previously associated with a vacated premises shall be removed from the premises by the lessee or owner not later than ninety (90) days from the time such activity ceases to exist. Additionally, any "For Sale" or "For Rent or Lease" sign shall be removed within two (2) days after the date of closing or leasing of said property.

7.

Owners of all permanent non-conforming signs shall have five (5) years from July 1, 1974, to remove or bring said signs into conformance with applicable sign ordinance provisions. If this requirement is not met, the City Attorney may then initiate legal action to achieve compliance with the provisions of this Chapter.

8.

All exterior lighting shall be so arranged to ensure that no direct light will be cast on adjoining streets or residentially zoned property.

9.

All sources of illumination shall be restricted to a maximum of twenty-two (22) feet above the elevation of the finished ground adjacent to the structure from which the illumination sources are attached.

Sign Permits, Structural Approval and Inspection. 1.

No sign, other than those listed in Subsection (A) above, shall be erected, constructed, posted, painted, altered or relocated, except as provided in this Chapter, until a permit has been approved by the St. John City Council. Before any permit is issued, an application, forms of which are


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provided by the Public Works Department shall be filed with the Public Works Department, together with a sign plan containing such drawings and specifications as may be necessary to fully advise and acquaint the Planning and Zoning Board and City Council with the location, construction, materials, manner of illuminating, and securing or fastening, and the wording and/or delineation to be carried on the sign. 2.

Structural and safety features and electrical systems shall be in accordance with the requirements of the latest edition of the Building Officials Conference of America (BOCA) Basic Building Code. No sign shall be approved for use unless it has been inspected by the Director of Public Works after installation and is found to be in compliance with 1) applicable technical codes, 2) ordinance requirements, and 3) sign plan requirements as approved by the City Council.

3.

The fee schedule for the construction of signs shall be as provided in the Building Code regulations of the City of St. John.

Article V. Miscellaneous Regulations Section 400.220. Supplementary Height Regulations. [CC Ch. 35 §22; Ord. No. 10-1974 Ch. 35 §22(1), 7-1-1974] A.

For the purpose of determining compliance with the height regulations contained in this Chapter, ornamental structures which are a part of a building and are not used for the conduct of business (other than advertising or identification), storage, or dwelling purposes, shall not be included in computing the height of the building; provided however, that the height and structural nature of said ornamental structures shall be subject to approval of the Planning and Zoning Board.

B.

Any building in a "R-1", "R-2" and "PR" Residence District may be erected to a height not exceeding three (3) stories or forty-five (45) feet above the average finished ground elevation at the perimeter of such building; provided however, that the required side and rear yards are increased an additional foot for each foot such building exceeds the height limitation otherwise permitted in the district in which it is located.

Section 400.230. Supplementary Yard Regulations. [CC Ch. 35 §22(2); Ord. No. 10-1974 Ch. 35 §22(2), 7-1-1974] A.

Except as otherwise stated in this Chapter, every part of a required yard shall be open to the sky unobstructed except as follows: 1.

Ordinary projections of skylights, sills, belt courses, cornices, eaves, and ornamental features projecting into a required yard not more than twelve (12) inches.

2.

Ordinary projections of chimneys and flues, not exceeding three (3) feet in width, projecting into a required yard not more than twelve (12) inches.

3.

Roof overhangs projecting into a required yard not more than eighteen (18) inches.

4.

Unenclosed porches or paved terraces having a maximum height of not more than twelve (12) inches above ground elevation at any point; except when projecting into the required front yard, the front yard requirements of the particular district shall govern.


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B.

On such streets as the City Council shall, by ordinance, designate as being proposed for widening, either by reason of proposed through or arterial highways or for any other reason, all front yard lines, building, or setback lines shall, after such designation, be based upon the proposed widened right-ofway for such street. Such setback lines shall in no case be less than specified by this Chapter for the respective districts in which the property lies, irrespective of building lines established by the original plat of such property.

C.

Within all commercial and industrial districts, structures located on lots situated at the corner of intersecting streets shall provide a front yard along both streets at least equal in depth to the front yard requirements imposed on structures which are, or may be, located on adjacent lots.

Section 400.240. Accessory Buildings. [CC Ch. 35 §22(3); Ord. No. 10-1974 Ch. 35 §22(3), 7-1-1974] A.

Permanent. No accessory building shall be constructed upon a lot until the construction of the main building has actually commenced.

B.

Temporary. Temporary accessory buildings, including temporary storage structures which are to be used for storage purposes only, may be erected upon a lot prior to the construction of the main building and shall be removed upon the completion of the construction or upon abandonment of the construction.

Section 400.250. Fences. [CC Ch. 35 §22(4); Ord. No. 10-1974 Ch. 35 §22(4), 7-1-1974; Ord. No. 538 §2, 2-5-1996; Ord. No. 763 §1, 4-212003; Ord. No. 806 §1, 8-2-2004; Ord. No. 829 §1, 5-2-2005; Ord. No. 847 §§1 — 2, 1-9-2006] A.

It shall be unlawful to erect any fence in the City of St. John without first having filed with the Director of Public Works an application for a construction permit together with a sketch or diagram drawn to scale showing the location, type of fencing design, and color of the proposed fence, and having obtained a permit for the erection of the fence after approval by the Director of Public Works.

B.

No hazardous wire may be used for fencing in any Residentially Zoned District. Hazardous wire may be used in Commercial Districts if it is located on a fence not less than eight (8) feet above the surface of the underlying ground.

C.

It shall be unlawful to construct, build, grow or erect any fence, screen or obstruction in front of a line equal to the front wall of the main structure of any property located within any residential district except as hereinafter provided: 1.

Fences, screens, or obstructions constructed prior to July 1, 1974, which do not conform to the provisions herein may be repaired, restored, or mended so long as such repairs, restoration, or mending is not in excess of fifty percent (50%) of the entire original fence, screen, or obstruction. Fences, screens or obstructions constructed after July 1, 1974 but prior to February 5, 1996, which do not conform to the provisions herein may be repaired, restored or mended so long as such repairs, restoration or mending is not in excess of fifty percent (50%) of the entire original fence, screen or obstruction. In no way is this Section to be interpreted to allow the installation of a totally new fence by repairing, mending or restoring the old fence in separate sections. The fifty percent (50%) figure pertains to the original fence installed. Any new sections installed afterwards are not included as part of the "original" fence.


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2.

Ornamental fences eighteen (18) inches or less in height.

3.

Hedges six (6) feet or less in height.

4.

All of the above exceptions shall comply with Section 400.260 of this Chapter.

D.

The maximum height for a fence in any Residential District other than a privacy fence is four (4) feet from the underlying ground.

E.

The maximum height of a fence in any Commercial District shall be ten (10) feet from the underlying ground; including any hazardous wire, if installed.

F.

Sightproof fencing is only allowed on the side and rear yard lines, equal to or behind the front wall of the main structure. All fences must be erected with all posts and cross braces facing to the inside of the yard which is being enclosed. Sightproof fences must be maintained to prevent rotting and deterioration.

G.

Sightproof fencing facing streets on which the house fronts are required to have a gap of one and onehalf (1½) inches between fence boards. Fence boards on privacy fences must be no wider than six (6) inches nominal width. The maximum height for privacy fences is six (6) feet.

H.

Fences on corner lots must abide by the front building line of the street of which they front and shall be allowed to extend past the side structure line to the right-of-way of the street on the side of the house.

I.

No yard may have more than one (1) fence erected at a time.

Section 400.260. Traffic Visibility Regulations for Corner Lots. [CC Ch. 35 §22(5); Ord. No. 10-1974 Ch. 35 §22(5), 7-1-1974] A.

In the case of corner lots, no structure or planting exceeding thirty-six (36) inches in height may be erected or installed within the triangular area bound by the property lines and a line connecting the two (2) points on the property lines thirty (30) feet from the intersection of the property lines.

B.

The above height limitations may be further restricted by conditions applied by the Director of Public Works, if special topographic or other peculiar circumstances impair traffic visibility.

Section 400.270. House Trailers and Recreational Vehicles. [CC Ch. 35 §22(6); Ord. No. 10-1974 Ch. 35 §22(6), 7-1-1974] A.

No house trailer, mobile home or manufactured home shall be parked, used, or occupied on any tract of ground within the City of St. John.

B.

A travel trailer or recreational vehicle may be parked in the rear yard of any lot within the City as long as the trailer or recreational vehicle is not used as a dwelling, living, or sleeping quarters and it is parked on an improved surface.

Section 400.280. Amusement Devices. [CC Ch. 35 §22(8); Ord. No. 10-1974 Ch. 35 §22(8), 7-1-1974] http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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The Director of Public Works is authorized to issue a permit for the operation or conducting of an amusement activity on a temporary basis within any zoning district. The Director of Public Works may request a report be submitted by the Health Commissioner with respect to any public health aspect of the proposal and by the Police Department with respect to any traffic or public safety aspect of the proposal, if appropriate. For the purpose of this Section, "amusement activity" includes a circus, carnival, fair, turkey shoot, art display, trade or animal show, concert, dance, rally, parade, athletic competition, and any similar activity not involving the erection of any permanent structure or facility. The permit shall be issued for a specified period of time not exceeding ten (10) days. The permit shall contain such conditions as are necessary for protection of public health, safety, and traffic, and the Director of Public Works may require such assurance or guarantee of compliance with conditions as is reasonable and appropriate under the circumstances. This permit is in addition to any construction permit, air pollution device construction or operating permit, highway special use permit, or other permit or license required by law for any proposed activity or facility. No more than two (2) temporary amusement activity permits shall be issued in any calendar year with regard to any particular property; provided however, that this limitation with respect to the number of temporary amusement activity permits shall not apply to public property, nor to property not held for private or corporate profit and used exclusively for religious worship, for schools and colleges, for purposes purely charitable or for agricultural and horticultural societies.

Section 400.290. Air Navigation Space. [CC Ch. 35 §22(8); Ord. No. 10-1974 Ch. 35 §22(8), 7-1-1974] Where required by the City Council or the Planning and Zoning Board, the petitioner of any development shall supply a written statement from the Federal Aviation Agency stating that the development does not interfere with any air navigation space.

Section 400.300. Acknowledgment of Conditions. [CC Ch. 35 §22(9); Ord. No. 10-1974 Ch. 35 §22(9), 7-1-1974] A.

In each instance in which approval of use or development of property is made subject to conditions by the City Council, a copy of the approved ordinance, resolution, order or permit shall be: 1.

Recorded by the property owner or owners prior to commencement of development or use, and

2.

Furnished by the property owner or owners or petitioner to the operator, owner, and manager, including successive operators, owners, and managers, each of whom shall forward to the Director of Public Works an acknowledgment that he or she has read and understood each of the conditions relating to the use and development of the property affected by the ordinance, resolution, order or permit and agrees to comply herewith.

Article VI. Permitted Uses and Development Procedures Section 400.310. Processing Procedures for Permitted Uses and Developments. [CC Ch. 35 §24; Ord. No. 10-1974 Ch. 35 §24, 7-1-1974] A.

When one (1) or more buildings are to be erected on a lot or tract which is zoned in such a manner as


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to permit the subject development as a use permitted by right, no construction permit shall be issued for the development, except for permitted single-family dwellings and their associated uses, without the approval of the Planning and Zoning Board of the adequacy of the internal on-site and external street circulation system, the design of the proposed landscaping and parking areas, and conformance with the Zoning Code. For the purpose of this Section only, "street" as defined, shall also include a public or private right-of-way or ways, including driveways, which provide vehicular access to abutting buildings, structures, and other improvements within or through a single lot or tract. B.

Three (3) copies of a development plan reflecting the nature of the proposed development shall be submitted to the Planning and Zoning Board along with such data and information which may be prescribed by that Board so as to assure the fullest practicable presentation of facts for analysis and for the permanent record. Said information shall include, but not be limited to, the following: 1.

A site plan showing proposed uses and structures.

2.

Existing and proposed contours at intervals of two (2) feet or less referred to sea level datum.

3.

Location of all isolated trees, having a diameter of six (6) inches or more, and all tree masses.

4.

Proposed ingress and egress to the site, including on-site parking areas and adjacent streets.

5.

Proposed landscaping, including type and size of planting and fencing.

6.

Two (2) section profiles through the site showing building form and mass.

C.

Upon approval of the submitted or revised development plan by the Planning and Zoning Board, application for construction permits and certificates of occupancy may take place at the office of the Director of Public Works.

D.

No buildings, facilities, establishments or service concerns may occupy or use any portion of the subject tract until the required improvements are constructed or a performance bond or escrow agreement is posted covering construction of improvements as determined by the Planning and Zoning Board. If the development is to occur in sections, all improvements necessary to the proper operation and functioning of the section, even though same may be located outside the section, must be constructed and installed or a performance bond or escrow agreement posted, covering the estimated cost of improvements, as determined by the Planning and Zoning Board.

E.

When a single-family detached residential dwelling, and/or an accessory building to a single-family dwelling is to be constructed, converted, reconstructed or structurally altered within a subdivision previously approved by the City Council or upon a lot of record, no construction permit shall be issued for the development without the approval of the Director of Public Works as to the conformance of said modification to all pertinent sections of this Chapter. Approval of the Planning and Zoning Board is not required for these uses.

Article VII. Special Use Procedures Section 400.320. Processing Procedures for Conditional Use Permits, Planned Development Permits, Special District Permits, Zoning Change, and Zoning Text Amendment. [CC Ch. 35 §25(1 — 5); Ord. No. 10-174, Ch. 35 §25(1 — 5), 7-1-1974; Ord. No. 996 §§1, 4, 11-19-2012] http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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A.

It is hereby declared that certain land uses and developments present unique problems with respect to their proper location and relationships to other land uses. Therefore, analysis and judgment of the consequences of each development and use is necessary to preserve and promote the public health, safety, and general welfare. The procedure that follows is promulgated to govern the establishment of such developments and uses.

B.

All applications initiated by petition: 1.

Applications and preliminary development plans for Conditional Use Permits, Planned Development Permits, Special District Permits, and/or a Zoning Change necessary to permit a certain development shall be submitted to the City Council along with such data and information which may be prescribed by the Director of Public Works so as to assure the fullest practicable presentation of facts for analysis and for the permanent record. Said information shall be provided in triplicate and shall include, but not be limited to, the following: a.


b.


c.


d.

Proposed ingress and egress to the site, including on-site parking areas, parking stalls and adjacent streets.

e.


f.

Two (2) section profiles through the site showing the preliminary building form and mass.

g.

Gross area of tract stated in tenths (0.1) of an acre.

h.

Area in street right-of-way (existing to remain and proposed).

i.

Net area of tract (gross area minus area in street right-of-way).

j.

When applicable, maximum number of dwelling units allowed under the density restrictions of the particular zoning district.

k.

Maximum number of dwelling units proposed.

l.

Parking ratio (number of parking spaces per proposed dwelling unit).

m. Distance between buildings. Said application(s) shall be submitted upon forms furnished by the Office of the Director of Public Works. 2.

Each application shall be verified by at least one (1) of the owners or authorized representatives of the owners of the subject property attesting to the truth and correctness of all facts and information presented with the application.

3.

Upon receipt by the City Council, said application shall be referred to the Planning and Zoning Board for analysis and recommendation. The Planning and Zoning Board shall proceed to investigate and report to the City Council as to whether such development is consistent with good planning practice; can be operated in a manner that is not detrimental to the permitted developments and uses in the district; can be developed and operated in a manner that is visually compatible with the permitted uses in the surrounding area; and is deemed essential or desirable to preserve and promote the public health, safety, and general welfare of the City of St. John. Said report, recommendation, and possible conditions of approval, if applicable, shall be filed with the


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City Council within sixty (60) days from the date of receipt of the application by the Planning and Zoning Board, unless an extension of time is granted by the City Council. 4.

Upon receipt of the Planning and Zoning Board report by the City Council a public hearing shall be held by the City Council relative to the matter. Said hearing shall be held within forty-five (45) days from the date the Planning and Zoning Board report is received and filed by the City Council.

5.

Hearing Date — Notice — Posting of Signs:

6.

a.

The City Council shall cause a notice of public hearing to be published at least fourteen (14) days prior to the hearing date. The publication may be in a newspaper of general circulation, or on the City's website and in conspicuous locations in the City Hall. The published notice shall contain the approximate street location, address when possible, locator number if possible, the name of the applicant, the present district classification, the zoning district classification sought if applicable, and the proposed use of the parcel.

b.

The City Council shall cause a sign or signs not less than twenty (20) inches by twenty-six (26) inches to be placed on each parcel of land on which an application for a Conditional Use Permit, a Special District Permit, a Planned Development Permit, and/or a Zoning Change has been filed. Said sign or signs shall be placed on such land at least fifteen (15) days prior to the public hearing to be held by the City Council and shall be posted in a conspicuous place upon said land so as to be clearly visible to the traveled portion of abutting streets. Said sign or signs shall bear thereon in letters not less than three-eighths (⅜) inches in width the following: "PUBLIC HEARING"; and in letters not less than three-quarters (¾) inches in height and not less than one-fifth (1/5) inch in width, the following: "Conditional Use Permit", "Planned Development Permit", "Special District Permit", and/or "Zoning Change" and in letters not less than one-half (½) inch in height and not less than one-tenth (1/10) inch in width, the following: "Application for Conditional Use Permit, Planned Development Permit, Special District Permit, and/or Zoning Change Filed with the City Council". Public hearing will be held (insert date and time) in (insert place).

Within sixty (60) days from the date of the Public Hearing, the City Council may approve or deny the subject request. Approval shall be granted if the Council finds that the proposed development is consistent with good general planning practice; is consistent with good site planning; can be operated in a manner that is not detrimental to the permitted developments and uses in the existing or proposed districts; is visually compatible with the permitted uses in the surrounding area; and is deemed desirable to promote the general welfare of the City of St. John. The recommendations of the Planning and Zoning Board shall not be binding on the City Council which may approve or disapprove the Planning and Zoning Board's findings; provided however, that the affirmative vote of five (5) members of the City Council shall be required to adopt any amendment, modification or revision contrary to the recommendation of the Planning and Zoning Board.

C.

Zoning Change Request not Accompanied by a Conditional Use Permit, Planned Development Permit, or Special District Permit request: Processing procedures following Council approval of a Zoning Change which is not accompanied by a request for a Conditional Use Permit, a Planned Development Permit, or a Special District Permit are the same as those contained in Section 400.310 of this Chapter.

D.

Zoning Change Request Accompanied by a Conditional Use Permit, or Planned Development Permit, or a Special District Request and a request for a Conditional Use Permit, a Special District Permit, or Planned Development Permit without a Zoning Change Request: 1.

In approving a Conditional Use Permit, a Planned Development Permit, or a Special District Permit, the City Council shall impose such conditions or restrictions as it determines necessary to satisfy the criteria established in this Subsection. The conditions or restrictions shall include, but not be limited to the following:


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a.

Time limitations for submission of final development plans and commencement and completion of construction.

b.

Uses and activities permitted.

c.

Landscaping, setback, height, parking, circulation, sign, lighting and fencing requirements which are to be shown on the final development plan and subsequently installed, constructed, or complied with.

d.

A statement that any transfer of ownership or lease of the property shall include in the transfer or lease agreement a provision that the purchaser or lessee agrees to be bound by the conditions of the ordinance authorizing the approval.

e.

A statement that all site improvements shall by escrowed and that said escrow shall not be released until said improvements are constructed or installed.

f.

Any additional conditions imposed upon the development by the City Council.

2.

Upon approval by the City Council of an ordinance authorizing a Conditional Use Permit, a Planned Development Permit, or a Special District Permit, the petitioner shall submit a final development plan to the Planning and Zoning Board if deemed necessary by the Public Works Director within the period of time specified in the specific ordinance authorizing the development. Said plan shall include such information as may be required by said Board for adequate consideration of the plan. The plan shall comply with all applicable City ordinances.

3.

After review and approval of the final development plan by the Planning and Zoning Board, a copy of the final development plan shall be recorded by the developer with the Office of St. Louis County Recorder of Deeds. The plan shall be accompanied by the conditions and restrictions of the ordinance authorizing the development.

4.

All conditions relating to or limiting the use, status, or operation of the development after the issuance of a construction permit shall be posted in a conspicuous public place on the premises for at least fifteen (15) days prior to the issuance of an occupancy permit. As long as a substantial part of the development remains in single ownership, or ownership of any part of the property is retained or held by the developer or by trustees with duties imposed by this Chapter or by conditions imposed under authority hereof, such person or persons shall maintain such list of conditions in a conspicuous place, and failure to do so shall constitute a violation of this Chapter.

5.

No buildings, facilities, establishments or service concerns may occupy or use any portion of the subject tract until the required improvements shown on the approved final development plan are constructed or a performance bond or escrow agreement is posted covering the estimated cost of construction as determined by the Planning and Zoning Board. If the development is to occur in sections, all improvements necessary to the proper operation and functioning of the section, even though same may be located outside the section must be constructed and installed or a performance bond or escrow agreement posted covering the estimated cost of improvements, as determined by the Planning and Zoning Board.

6.

If substantial construction or development authorized by the Conditional Use Permit, Planned Development Permit, or Special District Permit does not begin within the period of time specified in the conditions of the ordinance authorizing the development, the City Council may, on its own motion or on a recommendation of the Planning and Zoning Board, rezone the property or any portion thereof to the zoning district classification that prevailed prior to the approval; or, if applicable, void the Conditional Use Permit, Planned Development Permit, or Special District Permit authorizing the development; or both. A public hearing is not required for this rezoning and/or voiding; however, the owner shall be notified of the proposed rezoning and/or voiding prior to the introduction of any bill for said rezoning and/or voiding, Unless otherwise stated at the time of approval of an ordinance authorizing a development, substantial work or construction must be


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commenced within one (1 year or the approval shall automatically be void.

E.

7.

The time limitations specified in the ordinance for submission of a final development plan and for commencement and completion of construction may be extended by the City Council for reason.

8.

After the recording of a final development plan, changes not inconsistent with the purpose or intent of this Chapter may be approved by the Planning and Zoning Board. Changes affecting the purpose, intent, or concept of this Chapter, or the final development plan, shall require a new application to be filed with the City Council.

Subsequent Application. Upon the grant or denial by the City Council of an application for a Conditional Use Permit, Planned Development Permit, Special District Permit and/or a Zoning Change, no subsequent application requesting a Conditional Use Permit, Planned Development Permit, Special District Permit and/or a rezoning, with reference to the same property or part thereof, shall be filed by any applicant, whether the same person, firm, or corporation, until expiration of twelve (12) months after the final denial or grant.

Section 400.330. Modifications Initiated by the City Council. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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[CC Ch. 35 §25(6); Ord. No. 10-1974 Ch. 35 §25(6), 7-1-1974] A.

The City Council may, on its own motion, amend, supplement, change, modify, or repeal the district boundaries or ordinance text. Prior to such action, a report and recommendation from the Planning and Zoning Board must be received by the City Council and publication of a public hearing notice must appear at least twice in a newspaper printed or published in the City of St. John. However, if no newspaper be printed or published in the City, then said notice shall be published in some daily, triweekly, semi-weekly, or weekly newspaper, of general circulation in the City. Publication shall commence not more than thirty (30) nor less than fifteen (15) days before the hearing date. Every affidavit to proof of publication shall state that said publication and the newspaper in which notice was printed has met the requirements of the foregoing provisions and those of Chapter 493, RSMo., 1969, governing legal publications, notice and advertisement. Public notice for such amendments shall not require the posting of any signs. It shall not be necessary to publish notice or hold public hearings on amendments to this Chapter pertaining to procedural matters and to the duties and powers of officials, officers, boards, commissions and bureaus in carrying out the regulations of this Chapter.

B.

In the case of an adverse report by the Planning and Zoning Board or if a protest against such amendment, change, or repeal shall be presented in writing to the City Clerk prior to the holding of said hearing duly signed and acknowledged by thirty percent (30%) of the owners of either the area of the land (exclusive of streets, places, and alleys) included in such proposed change or within the area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the district proposed to be changed; such amendment, supplement, change, modification or repeal shall not become effective except by a favorable vote of five (5) of the seven (7) members of the City Council.

Section 400.340. Appeals. [CC Ch. 35 §25(7); Ord. No. 10-1974 Ch. 35 §25(7), 7-1-1974] A.

B.

Any person or persons, including City Officials, jointly or severally aggrieved by any decision of the City Council may appeal such decision back to the City Council, provided that: 1.

Such appeal is accompanied by specific items which either were not included in the original petition or were not adequately explained to the City Council prior to their action on said petition; and, furthermore, there is reason to believe that if such item(s) were included in the original petition the City Council's decision might be reversed or modified.

2.

Such appeal is filed at the Office of the City Clerk within thirty (30) days after the Council's action on the original petition.

3.

Only one such appeal shall be allowed for every person, officer, board or other group of people who may have a shared interest in said petition. However, further appeal to such decisions by the City Council may be presented to the Circuit Court of St. Louis County, as provided in Subsection (B) below.

Any person or persons jointly or severally aggrieved by any decision of the City Council may present to the Circuit Court of St. Louis County, Missouri, a petition duly verified. Said petition shall set forth that such decision is illegal, in whole or in part, and specify the ground of its illegality. Such petition shall be presented to the Court within thirty (30) days after the filing of the decision in the Office of the Council.

Section 400.350. Fee Schedule. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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[CC Ch. 35 §25(8); Ord. No. 10-1974 Ch. 35 §25(8), 7-1-1974; Ord. No. 996 §5, 11-19-2012] A.

Prior to any action by the City Council relative to a Conditional Use Permit, Planned Development Permit, Special District Permit, or any amendment, supplement or modification to this Chapter initiated by petition, the petitioner for said Conditional Use Permit, Planned Development Permit, Special District Permit, or amendment, supplement or modification of the boundaries or regulations of any district, shall pay to the City Clerk the sum of money in accordance with the following schedule: 1.

When the area involved is less than one (1) acre: Fifty dollars ($50.00).

2.

When the area involved is at least one (1) acre but less than five (5) acres: Seventy-five dollars ($75.00).

3.

When the area involved is five (5) acres or more: Seventy-five dollars ($75.00), plus five dollars ($5.00) for each acre or fraction thereof over five (5) acres with a maximum of two hundred dollars ($200.00).

4.

For any Special District Permit request: Two hundred dollars ($200.00).

5.

No fee shall be required in the event the rezoning of property is initiated with the City Council or the Planning and Zoning Board.

6.

The cost of a public hearing shall be paid by the applicant.

Article VIII. Construction and Occupancy Permits Section 400.360. Construction Permits. [CC Ch. 35 §26(1); Ord. No. 10-1974 Ch. 35 §26(1), 7-1-1974] A.

No building, structure, parking area or loading area shall hereafter be erected, constructed, reconstructed, enlarged, or structurally altered; nor shall any work be started thereon until a construction permit for said erection, construction, reconstruction, enlargement, or structural alteration has been issued by the Director of Public Works. No construction permit shall be issued unless the proposed building, structure, parking area or loading area complies with all of the provisions of this Chapter and all other applicable ordinances of the City of St. John.

B.

Applications for construction permits for developments which require Planning and Zoning Board or City Council approval, shall be accompanied by a copy of the approved drawing or plat, in duplicate, showing the lot plan; the location of the building on the lot; accurate dimensions of building and lot; and such other information as may be necessary to provide for the enforcement of these regulations. If the subject lot is not a lot of record, this plat shall be prepared after the lot has been staked by a licensed surveyor or engineer. The original copy of such applications and plats shall be kept in the office of the Director of Public Works and the duplicate copy shall be kept at the building at all times during construction.

Section 400.370. Occupancy Permits. [CC Ch. 35 §26(2); Ord. No. 10-1974 Ch. 35 §26(2), 7-1-1974] A.

No land shall be occupied or used, and no building hereafter erected, enlarged, or structurally altered shall be occupied or used until an occupancy permit shall have been issued by the Director of Public


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Works in accordance with this Section or Section 520.050 of this Code. B.

Occupancy Permit for a Building. 1.

An occupancy permit for a new building or an altered or enlarged building shall be applied for after the erection, alteration or enlargement of such building or part thereof shall have been completed in accordance with the provisions of this Chapter and in accordance with the provisions of all other applicable ordinances of the City of St. John. Said occupancy permit shall be issued within three (3) days after the application.

2.

Pending the issuance of a regular occupancy permit, a temporary occupancy permit may be issued by the Director of Public Works for a period not exceeding one (1) year during the completion of alterations or during partial occupancy of a building pending its completion. Such temporary permit shall not be construed in any way as altering the respective rights, duties, or obligations of the owners or of the City relating to the use or occupancy of the premises or any other matter covered by this Chapter or other applicable ordinances, and such temporary permit shall not be issued except under such restrictions and provisions as will adequately insure the safety of the occupants.

3.

No merchants or operating license shall hereafter be granted to any applicant nor shall any license hereafter be renewed until a certificate of occupancy has been granted the applicant of such license.

C.

Occupancy Permit for Land. An occupancy permit for the use of land or the change in the character of use of land shall be applied for before any such land shall be occupied or used or the character of the use changed, and an occupancy permit shall be issued within three (3) days after the application has been made, provided such use is in conformity with the provisions of this Chapter and all other applicable ordinances of the City of St. John.

D.

Certificate of occupancy shall state that the building or proposed use of a building or land complies with all relevant building laws, health laws, ordinances, and is in compliance with the provisions of this Chapter.

Section 400.380. Record of Certificate to Be Kept. [CC Ch. 35 §26(3); Ord. No. 10-1974 Ch. 35 §26(3), 7-1-1974] A record of all certificates shall be kept on file in the Office of the Director of Public Works. Copies shall be furnished upon request to any person having a proprietary or tenancy interest in the building or land affected.

Section 400.390. Fee Schedule. [CC Ch. 35 §26(4); Ord. No. 10-1974 Ch. 35 §26(4), 7-1-1974] The fee schedule for construction permits and occupancy permits shall be as provided in Title V of this Code.

Article IX. Enforcement Section 400.400. City Manager — Responsibilities. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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[CC §21.7-4; Ord. No. 319 2-16-1988] The City Manager hereby is authorized and directed to enforce all of the provisions of this Title and all other Ordinances of the City of St. John now in force or hereafter adopted, relating to Flood, Zoning, Subdivisions or Building Code.

Section 400.410. Duties and Powers of Director of Public Works — Generally. [CC Ch. 35 §27(1 — 3); Ord. No. 10-1974 Ch. 35 §27(1 — 3), 7-1-1974] A.

It shall be the duty of the Director of Public Works to enforce the provisions of this Chapter. The City Council may authorize the deputizing of one or more additional members of his Department, as well as members of other City Departments who have a particular skill or competence, to act for the Director of Public Works. The term "Director of Public Works" as used elsewhere in this Chapter shall be deemed to include such deputies.

B.

The Director of Public Works shall enforce the provisions of this Chapter by authorizing the issuance of construction permits and occupancy permits. By means of field inspections and other activities delineated herein, he shall ensure conformance with this Chapter. He shall maintain a list and file of all non-conforming uses and developments which are subject to the provisions of Article VI of this Chapter. Upon the advice of the City Attorney, the Director of Public Works shall take appropriate action to assure that all uses and developments within the City limits comply with this Chapter and any ruling made pursuant thereto. The Director of Public Works is authorized to inspect or cause to be inspected any building or other structure or any land on which work is in progress and to order the stoppage of work being done in violation of this Chapter. He shall inspect, or cause to be inspected, such premises after work is completed and shall not authorize the issuance of any occupancy permit until final inspection has been made.

C.

The Director of Public Works shall have the power to adopt such administrative regulations as he deems necessary to the carrying out of his enforcement responsibilities. These regulations shall have general applicability to cases of similar character.

Section 400.420. Inspections, Surveys, Etc. [CC Ch. 35 §27(7); Ord. No. 10-1974 Ch. 35 §27(7), 7-1-1974] The Director of Public Works or his authorized representatives are hereby empowered, in the performance of their functions, to enter upon land in the City for the purpose of making inspections, examinations, and surveys or to place and maintain thereon monuments, markers, notices, signs or placards required to effectuate the purpose and provisions of this Chapter. All authorized representatives shall be required to present proper credentials upon demand when entering upon any land or structure for the purpose of this Article.

Section 400.430. Stop Work or Stop Use Notices. [CC Ch. 35 §35(27(8 — 10); Ord. No. 10-1974 Ch. 35 §27(8 — 10), 7-1-1974] A.

The Director of Public Works, his deputies or inspectors may cause the cessation of any erection, construction, reconstruction, alteration, conversion, maintenance or use in violation of the Zoning Code by posting a "stop work" or "stop use" notice on the premises and by notice in writing to the


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owner of the property involved, or to his agents, or to the person doing the work in the case of a stop work order, stating the nature of the violation. B.

The Director of Public Works may refer any violation of this Chapter to the City Attorney for prosecution or other appropriate action when deemed necessary.

C.

The Police Department shall aid the Director of Public Works in enforcing this Chapter by posting "stop work" or "stop use" notices when requested by the Director of Public Works.

Section 400.440. Violation and Penalty. [CC Ch. 35 §27(11); Ord. No. 10-1974 Ch. 35 §27(11), 7-1-1974] The owner or agent of a building or premises in or upon which a violation of any provision of this Chapter has been committed or shall exist; or the lessee or tenant of an entire building or entire premises in or upon which any such violation has been committed or shall exist; or the owner, agent, lessee or tenant of any part of the building or premises in or upon which any such violation has been committed or shall exist; or the agent, architect, building contractor or any other person who commits, takes part or assists in any violation or who maintains any building or premises in or upon which such violation shall exist, shall upon conviction, be punishable by a fine of not less than ten dollars ($10.00) and not more than one hundred dollars ($100.00) for each and every day that such violation continues. However, if the offense be willful, on conviction thereof, the punishment shall be a fine of not less than one hundred dollars ($100.00) nor more than two hundred and fifty dollars ($250.00) for each and every day that such violation shall continue, or by imprisonment for ten (10) days for each and every day such violation shall continue, or by both such fine and imprisonment at the discretion of the Court. Any person who, having been served with an order to remove any such violation, shall fail to comply with such order within ten (10) days after such service, or shall continue to violate any provision of the regulations made under authority of this Chapter in the respect named in such order, shall also be subject to a civil penalty of two hundred and fifty dollars ($250.00).

Article X. Board of Adjustment Section 400.450. Appointment and Organization. [CC Ch. 35 §28(1); Ord. No. 10-1974 Ch. 35 §28(1), 7-1-1974; CC §21.04; Ord. No. 261, 5-5-1986; Ord. No. 793 §1, 3-15-2004] A.

Establishment. A Board of Adjustment is hereby established. The word "Board", when used in this Section, shall be construed to mean the Board of Adjustment. The Board shall consist of five (5) members and four (4) alternate members, all of whom shall be residents appointed by the City Council. The alternate members may attend any meeting or hearing of the Board and participate in any discussion or other agenda matters, but shall not have the power to cast a vote on an issue submitted to the Board unless their presence at any such meeting or hearing shall be necessary to constitute five (5) voting members for said meeting or hearing. At the beginning of each said meeting or hearing of the Board, the Chairman shall first determine if the five (5) regular members are present and, if not, the alternate or alternates present, as designated by the Chairman to constitute five (5) voting members shall be declared voting members for such meeting or hearing and the minutes shall reflect such designation. Thereafter, such designated alternate or alternates shall have the full voting power of any regular member of the Board for such meeting or hearing. Nothing in this Section shall be construed as changing the quorum requirement of the Board of Adjustment from three (3) voting members, either regular or designated alternates.


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B.

Membership. The membership of the first (1st) Board appointed shall serve respectively, one for one (1) year, one for two (2) years, one for three (3) years, one for four (4) years, and one for five (5) years. Thereafter members and alternates shall be appointed for a term of five (5) years each. All members and alternates shall be removable for cause by the City Council upon written charges and after public hearings. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant.

C.

Chairman and Vice-Chairman. The Board shall elect its own Chairman and Vice-Chairman who shall serve for one (1) year.

D.

Power. The Board shall adopt from time to time such rules and regulations as it may deem necessary to carry into effect the provisions of this Chapter.

E.

Meetings. Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. Prior to any Board hearing, at least one (1) week's public notice shall be given in a newspaper of general circulation in the City. The Chairman, or in his absence the Vice-Chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact. The Board shall keep records of its examinations and other official actions, all of which shall be immediately filed in the Office of the City Clerk and shall be public record. All testimony, objections thereto, and rulings thereon shall be taken down by a reporter employed by the Board for that purpose.

Section 400.460. Appeals — Procedure. [CC Ch. 35 §28(2); Ord. No. 10-1974 Ch. 35 §28(2), 7-1-1974; Ord. No. 793 §2, 3-15-2004; Ord. No. 996 §6, 11-192012] A.

Appeals to the Board may be taken by any person aggrieved, or by any officer, department, board or bureau of the City of St. John affected by any decision of the Director of Public Works. Such appeal shall be taken within thirty (30) days by filing with the Director of Public Works and with the Board a notice of appeal specifying the grounds thereof.

B.

A fee of one hundred dollars ($100.00) shall be paid to the City Clerk of the City of St. John at the time the appeal from is filed.

C.

The Director of Public Works shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from is taken.

D.

An appeal stays all proceedings in furtherance of the action appealed from, unless the Director of Public Works certifies to the Board, after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such cases, proceedings shall not be stayed unless by a restraining order which may be granted by the Board or by a Court of Record on application or notice to the Director of Public Works and on due cause shown.

E.

The Board shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. During the hearing, any party may appear in person, by agent or by attorney.

F.

The applicant shall pay for the cost of advertising the notice of meeting.

Section 400.470. Jurisdiction of Board. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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[CC Ch. 35 §28(3); Ord. No. 10-1974 Ch. 35 §28(3), 7-1-1974; Ord. No. 732 §1, 5-20-2002] A.

The Board of Adjustment shall hear and determine appeals from administrative decisions, petitions for variances in the case of peculiar and unusual circumstances which would prevent the reasonable use of land, and such other matters as may be required by the City Council or by law.

B.

In conformity with these principles, the Board shall have the following duties and powers: 1.

To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Director of Public Works in the enforcement of this Chapter.

2.

To hear and decide all matters referred to it or upon which it is required to pass under the provisions of this Chapter.

3.

To permit the extension of a district where the boundary line of a district divides a lot in a single ownership at the time of the passage of this Chapter.

4.

To interpret the provisions of this Chapter in such a way as to carry out the intent and purpose of said document.

5.

To authorize a variance where, by reason of exceptional narrowness, shallowness, or shape of a specific piece of property of record, or by reason of exceptional topographical conditions or other extraordinary or exceptional situation or condition of a specific piece of property, the strict application of any provision of this Chapter would result in peculiar and exceptional practical difficulties and particular hardship upon the owner of such property and amount to a practical confiscation of such property, as distinguished from a mere inconvenience to such owner; provided however, that such relief can be granted without detriment to the public good and without impairing the general purpose and intent of the Comprehensive Plan accompanying the regulations and provisions contained in this Chapter.

6.

To determine any decision by any City Official regarding the implementation and administration of the Property Maintenance Code as adopted in Section 520.020 of the Municipal Code of the City of St. John. By assuming such appeals under the Property Maintenance Code, this Board shall constitute the "Appeals Board" as that phrase is used in any Section of the Property Maintenance Code. In the event any such Property Maintenance Code violation is appealed and not granted, the Director of Public Works or his designee shall forthwith issue a summons for said violation to be heard in the Municipal Court of the City of St. John, unless the affected party appeals the Board of Adjustment decisions to the St. Louis County Circuit Court. In said event, any summons for said violation shall not be issued unless and until said appeal to the Circuit Court becomes a final judgment.

Section 400.480. Matters to Be Considered by Board When Passing on Appeals. [CC Ch. 35 §28(4); Ord. No. 10-1974 Ch. 35 §28(4), 7-1-1974] In considering all appeals and all proposed variations to this Chapter, the Board shall, before making any finding in a specific case, first determine that the proposed variation will not constitute any change in the Zoning Map, unless herein provided by this Section, and will not impair an adequate supply of light and air to adjacent property; or unreasonably increase the congestion in public streets; or increase the public danger of fire and safety; or diminish or impair established property values within the surrounding area; or in any other respect impair the public health, safety, comfort, morals, and welfare of the City of St.John, Missouri. Every variation granted or denied by the Board shall be accompanied by a written finding of the fact, based on sworn testimony and evidence, specifying the reason for granting or denying such variation. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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Section 400.490. Board May Reverse, Affirm, or Modify an Order, Requirement, Decision or Determination. [CC Ch. 35 §28(5); Ord. No. 10-1974 Ch. 35 §28(5), 7-1-1974] In exercising the above mentioned powers, the Board, may, in conformity with the provisions of the law, reverse or affirm, wholly or partly; or may modify the order, requirement, decision, or determination appealed from; may make such order, requirement, decision, or determination as ought to be made; and to that end shall have all the powers of the Director of Public Works.

Section 400.500. Votes Necessary to Reverse Order, Requirement, Decision or Determination. [CC Ch. 35 §28(6); Ord. No. 10-1974 Ch. 35 §28(6), 7-1-1974] The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the Director of Public Works; to decide in favor of the applicant on any matter upon which it is required to pass under this Chapter; or to effect any variation in this Chapter.

Section 400.510. Appeal to Circuit Court. [CC Ch. 35 §28(7); Ord. No. 10-1974 Ch. 35 §28(7), 7-1-1974] A.

Any person or persons jointly or severally aggrieved by any decision of the Board of Adjustment may present to the Circuit Court of St. Louis County, Missouri, a petition duly verified. Said petition shall set forth that such decision is illegal, in whole or in part, and specify the grounds of its illegality. Such petition shall be presented to the Court within thirty (30) days after the filing of the decision in the office of the City Clerk.

B.

Upon presentation of such petition, the Court may allow a writ of certiorari directed to the Board to review such decision of the Board and shall prescribe therein the time within which a return thereto must be made and served upon the relator's attorney. This time shall not be less than ten (10) days and may be extended by the Court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the Court may, on application, on notice to the Board, and on due cause shown, grant a restraining order.

C.

The Board shall not be required to return the original papers acted upon by it; but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.

D.

If upon the hearing, it shall appear to the Court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the Court with his findings of fact and conclusions of law. These facts and conclusions shall constitute a part of the proceedings upon which the determination of the Court shall be made. The Court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.

E.

Costs shall not be allowed against the Board unless it shall appear to the Court that it acted with gross negligence, in bad faith, or with malice in making the decision appealed from.


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Article XI. Legal and Conflicting Provisions Section 400.520. Legal Provisions and Conflicting Provisions. [CC Ch. 35 §29; Ord. No. 10-1974 Ch. 35 §29, 7-1-1974] A.

It is not intended by this Chapter to interfere with, abrogate, or annul any easements, covenants, or other arrangements between parties; provided however, that where this Chapter imposes a greater restriction upon the use of buildings or premises, or upon height of buildings, or requires larger open spaces than are imposed or required by any other easements, covenants, or agreements, the provisions of this Chapter shall govern.

B.

In case of conflict between this Chapter or any part thereof, and the whole or part of any other existing or future ordinance, the most restrictive in each case shall apply.

Chapter 405. Subdivision Regulations Section 405.010. Short Title. [CC Ch. 22 §1; Ord. No. 11-1974 Ch. 22 §1, 7-1-1974] This Chapter, which shall be known as the "Subdivision Regulations of the City of St. John, Missouri," may be cited as "Subdivision Regulations."

Section 405.020. Purpose. [CC Ch. 22 §2; Ord. No. 11-1974 Ch. 22 §2, 7-1-1974] The purpose of this Chapter is to control the subdivision of land within the jurisdiction of the City of St. John; to present regulations relative to the preparation of plats of such subdivisions; and to establish filing procedures, improvement requirements, and standards of design for said plats.

Section 405.030. Definitions. [CC Ch. 22 §3; Ord. No. 11-1974, Ch. 22 §3, 7-1-1974] A.

For the purposes of this Chapter, certain words and phrases defined herein shall be given their defined meanings. Words and phrases which are not defined shall be given their usual meanings except where the context clearly indicates a different or specific meaning.

B.

Words used in the present tense shall include the future; the singular number includes the plural and the plural includes the singular; the word "dwelling" includes the word "residence," and the word "shall" is mandatory and not permissive.

C.

The following words and phrases are defined: ALLEY A public right-of-way which affords only a secondary means of access to abutting property.


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BENCH MARK A definite point of known elevation and location and of more or less permanent character. BLOCK An area of land surrounded by public highways, streets, streams, railroad rights-of-way, parks, or other similar areas or facilities. BUILDING LINE A line drawn parallel to a lot line at a distance therefrom equal to the depth of the corresponding required yard. CITY The City of St. John, Missouri. COMMON LAND That land set aside for open space or recreational use for the owners of the residential lots in a subdivision, which land is conveyed by the developer in fee simple title by a warranty deed to trustees whose trust indenture shall provide that said common land be used primarily for the benefit, use and enjoyment of the lot owners present and future. No lot owner shall have the right to convey his interest in the common land, except as an incident of the ownership of a regularly platted lot. COMPREHENSIVE PLAN The Comprehensive Plan of the City of St. John as defined in Article VI, Section 6.03 of the City Charter. CUL-DE-SAC A short street having one end open to traffic and being terminated at the other end by a circular vehicular turnaround. DEAD-END STREET A street having only one end open for vehicular traffic and the other permanently terminated by a turn around for vehicles. DEVELOPER That person, firm or corporation by whom a tract will be subdivided and improved pursuant to the requirements of these Regulations. DIRECTOR The Director of Public Works of the City of St. John. DWELLING Any building, or portion thereof, used exclusively for human habitation; except hotels, motels, dormitories, or house-trailers. DWELLING UNIT (RESIDENTIAL UNIT) A room or group of rooms located within a dwelling and forming a habitable residence for one (1) family. DWELLING, SINGLE-FAMILY A detached building designed for or occupied exclusively by one (1) family and shall include any home in which eight (8) or fewer unrelated mentally or physically handicapped persons reside, and may include two (2) additional persons acting as houseparents or guardians who need not be related to each other or to any of the mentally or physically handicapped persons residing in the home. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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DWELLING, TWO-FAMILY (DUPLEX) A detached building designed for, or occupied exclusively by, two (2) families living independently of each other. DWELLING, THREE-FAMILY (TRIPLEX) A detached building designed for, or occupied exclusively by, three (3) families living independently of each other. DWELLING, MULTIPLE-FAMILY A building, or portion thereof, used or designed as a residence for four (4) or more families living independently of each other. EASEMENT A grant by a property owner to the public, a corporation, utility or a person of the use of land for a specific purpose. EASEMENT, ROAD MAINTENANCE AND IMPROVEMENT A grant by a property owner to the City, County or State for the purpose of road maintenance, improvement and widening. EASEMENT, UTILITY A grant by a property owner to a public utility company for the purpose of installation, improvement and maintenance of public utilities. ENGINEER A professional engineer registered in the State of Missouri. ESCROW AGENT A title company, bank, savings and loan association, trust company, attorney or any other person or agency approved by the City Attorney to act as escrow agent under the provisions of Section 400.120 of these Regulations. FLOOD PLAIN A geographic area susceptible to periodic inundation from overflow of natural waterways and determined as to extent in St. Louis County by the 1964 Flood Elevation Study made by the St. Louis County Planning Commission. FRONTAGE That edge of a lot or series of contiguous lots bordering a street right-of-way. HIGHWAY See "Street." IMPROVEMENTS Street pavement, sidewalk pavement, pedestrian way pavement, water mains, storm sewers, sanitary sewers, signs, monuments, landscaping, street lights and other similar signs. IMPROVEMENT PLANS The engineering and architectural drawings showing types of materials and construction details for the physical structures and facilities, excluding dwelling units to be installed in conjunction with the development of the subdivision. LAND SURVEYOR A land surveyor registered in the State of Missouri. LOT http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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A platted parcel of land intended to be separately owned, developed or otherwise used as a unit. LOT AREA The total horizontal area within the boundaries of a lot. LOT, CORNER A lot abutting upon two (2) or more streets at their intersection. LOT, DOUBLE FRONTAGE (THROUGH LOT) A lot having frontage on two (2) non-intersecting streets, as distinguished from a corner lot. MSD The Metropolitan St. Louis Sewer District. PARKING STALL A paved space assigned for the temporary storage of a motor vehicle. Such stall shall have a minimum dimension of ten feet by twenty feet (10 x 20). PEDESTRIAN WAY An easement or right-of-way dedicated to public use to facilitate pedestrian access to adjacent streets and properties. PUBLIC WORKS, DIRECTOR An individual person or a firm, appointed by the City Manager, whose function is to review all zoning petitions and development plans prior to their review by the Planning and Zoning Board, in order to ensure that they are complete; to inspect developments to ensure that they are constructed according to the approved plans; to issue building permits; and generally to perform all functions assigned to him by reference in the Zoning Code and Subdivision Regulations. RECORD PLAT That drawing containing the signature of the Mayor which designates final approval and is recorded in the Recorder of Deeds' Office of St. Louis County. REGULATIONS The Subdivision Regulations of the City of St. John, Missouri. ROAD See "Street." SLOPE The rate of deviation of the ground surface from the horizontal surface, as expressed in percentages. STREET A general term denoting a public or private way which affords the principal means of access to abutting property. The term includes all facilities which normally occur within the right-of-way. It shall also include such other designations as highway, thoroughfare, parkway, throughway, road, pike, avenue, boulevard, lane, place, and court, but shall not include an alley or a pedestrian way. STREET, ARTERIAL A multi-lane facility designed for movement of a relatively large volume of traffic. Arterials provide connections between local and collector streets and the freeways. STREET, COLLECTOR A street located within a neighborhood or other integrated-use area which collects from and distributes traffic to local streets, and connects arterial streets. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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STREET, FRONTAGE OR SERVICE A minor street generally parallel to and adjacent to arterial streets and highways, which provides access to abutting properties and protection from through traffic. STREET, LOCAL A street, used primarily to provide direct access to abutting properties. STREET, MULTI-FAMILY ACCESS A private thoroughfare which affords a means of access to parking areas and bays and to abutting buildings which are developed solely or principally as duplex, triplex, and multi-family dwellings. SUBDIVISION Either or both of 1.

A division or re-division of a tract into lots, plats, or sites for development purposes, and

2.

The dedication or establishment of a street, alley, pedestrian or public way in conjunction with or used in any such tract.

SUBDIVISION, MINOR (LOT SPLIT) The division of land into not more than two (2) lots shall be classified as a minor subdivision. SUBDIVISION, MULTIPLE-DWELLING UNITS A tract of land, whether divided into separate lots or not, which is intended entirely for the construction of duplexes, triplexes, multiple-family dwellings, row houses, and other arrangements of attached or connected building units. SUBDIVISION, NON-RESIDENTIAL Either or both of 1.

A division or re-division of a tract into more than one lot, plat or site for commercial or industrial purposes, and

2.

The dedication or establishment of a street, alley, pedestrian or public way in conjunction with or use in any such tract.

SUBDIVISION, SINGLE-FAMILY RESIDENTIAL A subdivision of land, intended for construction of detached single-family dwelling units. SURETY COMPANY An insurance company qualified and acting under the provisions of Chapter 379, Revised Statutes of Missouri, which is approved by the City Attorney to act as surety under Section 405.110 of these Regulations. SURVEY MONUMENT An object set in the ground to mark the boundaries of real property that has been surveyed. TITLE COMPANY A corporation qualified and acting under the Missouri Title Insurance Law or a corporation which is an issuing agency for an insurance company insuring land titles. TRACT An area or parcel of land which the developers intend to subdivide and improve, or to cause to be subdivided and improved, pursuant to the requirements of these Regulations.

Section 405.040. Approval of Subdivision of Land. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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[CC Ch. 22 §4; Ord. No. 11-1974, Ch. 22 §4, 7-1-1974] Every subdivision of land within the City of St. John shall be submitted to the City for its review and approval or disapproval according to the Regulations herein. No plat shall be recorded in the office of St. Louis County Recorder of Deeds and no lots shall be sold from such plat unless and until approved as provided for in these Regulations.

Section 405.050. Parcels of Land Recorded Without Required Approvals. [CC Ch. 22 §5; Ord. No. 11-1974, Ch. 22 §5, 7-1-1974] A.

The owner of a lot or parcel of land created prior to July 1, 1974, in violation of the foregoing Section may apply to the Director of Public Works for a variance from the Subdivision Regulations for the construction of one single-family detached residence. The Director shall investigate the situation, and if he finds that: 1.

The lot was created by record plat or recorded deed prior to July 1, 1974; and

2.

Had it not been for the failure to comply with these Regulations, the lot or parcel of land could be developed; and

3.

The lot or parcel of land was acquired by the present owner for a valuable consideration and in ignorance of the requirements of the Subdivision Regulations; and

4.

Had proper application been made at the time of the creation of the illegal lot, approval as to lot size and frontage would have been given, he shall forward his findings to the City Council which may by order grant the variance for the construction of one single-family detached residence upon such terms and conditions as will most equitably preserve the purpose and intent of these Regulations.

Section 405.060. Minor Subdivisions. [CC Ch. 22 §6; Ord. No. 11-1974, Ch. 22 §6, 7-1-1974] The Public Works Director may waive the requirement of submission of all other plans except the record plat, when the proposed subdivision includes only two (2) lots.

Section 405.070. Platting Exceptions. [CC Ch. 22 §7; Ord. No. 11-1974, Ch. 22 §7, 7-1-1974] Recording of a subdivision plat shall not be required in case of the sale or exchange of parcels of land between owners of adjoining properties for the purpose of adjustments in boundaries, provided that additional lots are not thereby created, that the original lots are not reduced below the minimum sizes required by these Regulations or the Zoning Code, and that a survey of the adjustments of boundaries is recorded with the Recorder of Deeds of St. Louis County.

Section 405.080. Submission and Review of Preliminary Development Plan. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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[CC Ch. 22 §8; Ord. No. 11-1974 Ch. 22 §8, 7-1-1974] A.

Prior to submitting a Final Development Plan for the subdivision of land within the City of St. John, a developer may submit to the Director of Public Works a Preliminary Development Plan for the tract which shall include, but not be limited to, the following information: 1.


2.


3.


4.

Proposed ingress and egress to the site, including on-site parking areas, parking stalls, and adjacent streets.

5.


6.

Two (2) section profiles through the site showing the preliminary building form and mass.

B.

The Director of Public Works shall review and evaluate the Preliminary Development Plan as soon as practicable and shall report to the developer his opinion as to the merits and feasibility of the improvements contemplated by the plan.

C.

In the event a developer elects not to submit a Preliminary Development Plan, all information contained thereon shall be submitted on or with the Final Development Plan.

D.

However, in the case of any subdivision developed in a planned or special zoning district, the processing procedures of Section 400.320 of Chapter 400 shall apply. The Preliminary Development Plan of the Subdivision Regulations shall be the same as that required by the Zoning Code and may be used therefore. In such case, the Preliminary Development Plan must be reviewed by the Planning and Zoning Board and reviewed and approved by the City Council.

Section 405.090. Submission and Review of Final Development Plan. [CC Ch. 22 §9; Ord. No. 11-1974, Ch. 22 §9, 7-1-1974] A.

The developer shall prepare and submit to the Director of Public Works such number of copies of a Final Development Plan of the tract as shall be required. Such Final Development Plan shall contain the following information: 1.

Identification and description. a.

A north arrow and graphic scale. Final Development Plans shall be drawn to a scale of not less than one (1) inch to fifty (50) feet (1 inch = 50 feet).

b.

The name proposed for the tract or such part thereof as is proposed to be subdivided, and the following names and addresses: 1.

The record owner or owners of the tract.

2.

The party who prepared the plan.

3.

The party for whom the plan was prepared.

4.

The engineer and land surveyor who will design improvements for and survey the tract


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or such part thereof as is proposed to be subdivided. c. 2.

3.

4.

5. B.

Date of Submission.

Existing conditions. a.

The approximate area of the tract stated in tenths (0.1) of an acre.

b.

Sufficient contour data to indicate the slope and drainage of the tract and the high and low points thereof. Contour data shall extend one hundred and fifty (150) feet beyond the limits of the subdivision boundaries. U.S.G.S. data is acceptable.

c.

The location of existing property lines, streets, sidewalks, watercourses, sink holes, areas within the tract subject to inundation by storm water, railroads, bridges, culverts, storm sewers, sanitary sewers, easements of record, existing buildings or other improvements that are to remain, and significant natural features such as wooded areas and rock formations.

d.

The results of any tests made to ascertain subsurface rock and soil conditions and the water table.

e.

The Zoning District, including delineation of Flood Plain Zoning District.

Design features. a.

Any proposed alteration, adjustment or change in the elevation or topography of any area in a Flood Plain Zoning District.

b.

Approximate area in square feet of minimum and maximum size of lots, if less than one (1) acre in area, and in acres and tenths of acres if one (1) acre or more in area, into which the tract is proposed to be subdivided.

c.

Layout of proposed streets, sidewalks, major watercourses, bridges and other prominent man-made features.

If the developer intends to subdivide any portion of the parcel under a planned development or special district procedure of Section 400.320 of Chapter 400, then the Final Development Plan shall, in addition, include the following data: a.

Gross area of tract, ((2)(a)).

b.

Area in streets' rights-of-way.

c.

Net area of tract (gross area minus area in streets' rights-of-way).

d.

Maximum number of dwelling units allowed under the density restriction of the Zoning Code.

e.

Maximum number of dwelling units proposed.

f.

Parking ratio (number of parking stalls per proposed dwelling unit).

g.

Distance between buildings.

A certification by the party who prepared the plan that the plan is a correct representation of all existing and proposed land divisions.

The Director of Public Works shall review the Final Development Plan as soon as practicable, and: 1.

If the plan is satisfactory, the Director or his authorized representative shall thereupon affix a notation of approval, date of approval and his signature on the plan, denoting satisfactory compliance with the requirement of these Regulations. The plan shall be returned to the


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developer who may then proceed in compliance with Section 405.100 (when applicable) and Section 405.110 of these Regulations. 2.

If the Final Development Plan is unsatisfactory, the Director shall give notice to the submitting party in writing, setting forth the conditions causing the disapproval, and the unsatisfactory conditions shall be remedied prior to further consideration by the City.

C.

If the developer intends to subdivide any portion of the parcel into a subdivision being developed in a planned or special zoning district, the processing procedures of Section 400.320 of Chapter 400 shall apply. The Final Development Plan of the Zoning Code shall be the same as that required by the Subdivision Regulations and may be used therefore. In such case the Final Development Plan must be reviewed by the Planning and Zoning Board for compliance with the specific development ordinance approved by the City Council.

D.

Whenever a Final Development Plan includes a proposed establishment of common land, and the City finds that such land is not suitable for common land due to terrain, benefit to a small portion of the lot owners, difficulty of maintenance or any similar reason, the City may either refuse to approve such an establishment, or it may require the rearrangement of the lots in the proposed subdivision to include such land. In any case where the establishment of common land is permitted to be included in the subdivision of a tract, a trust indenture shall be recorded simultaneously with the record plat which shall provide for the proper and continuous maintenance and supervision of said common land by Trustees to be selected and to act in accordance with the terms of such indenture and the common land shall be deeded to the Trustees under said indenture by general warranty deed. Any alterations of the common land or improvement will require the submission of detailed improvement plans and will be considered a required improvement.

E.

The approval of the Final Development Plan by the Director or, in the instance of subdivisions being developed under the planned development or special district procedures, by the Planning and Zoning Board, shall be valid for a period of two (2) years from the date of approval or such longer period as the Director may determine to be advisable, if after review by the Director such longer period is necessary to facilitate adequate and coordinated provisions for transportation, water, sewerage, schools, parks, playgrounds or other public requirements. If no record plat of a subdivision of any part of the tract for which a Final Development Plan has been approved is recorded within said two (2) year period, or such longer period as the Director shall permit, a resubmission and review thereof by the City may be required.

Section 405.100. Residential Display Unit Procedure. [CC Ch. 22 §10; Ord. No. 11-1974, Ch. 22 §10, 7-1-1974] A.

The purpose of this Section is to provide a procedure whereby the construction of a display unit can begin prior to the recording of the record subdivision plat.

B.

The developer may, after receiving approval of a Final Development Plan of a proposed subdivision from the City, submit a Display Unit Plat to the City for review and approval. There may be one (1) display unit for every twenty (20) units proposed, not to exceed ten (10) display units. The Display Unit Plat shall include a complete outbound survey of the proposed subdivision, and the location of each display unit or building in relation to proposed lots, if any. The script of said Display Unit Plat, shall contain terms and conditions as required by the City including, but not limited to, the following: 1.

The Display Unit Plat shall be recorded in the office of the St. Louis County Recorder of Deeds prior to issuance of a building permit for any display unit;

2.

The Display Unit Plat shall become null and void upon the recording of a record plat which


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establishes that each display unit is on an approved lot; 3.

No part of the proposed subdivision may be conveyed, nor an occupancy permit issued for any structure therein until the display unit or units have been located at an approved location;

4.

If initial construction of a display unit has not commenced within sixty (60) days, the City's approval shall lapse and the Display Unit Plat shall be null and void.

Section 405.110. Submission and Review of Improvement Plans. [CC Ch. 22 §11; Ord. No. 11-1974, Ch. 22 §11, 7-1-1974] A.

After the Final Development Plan is approved, improvement plans prepared by an engineer for the subdivision of all or any part of the tract shall be submitted for review to the Director of Public Works. Improvement plans shall be prepared on an exhibit twenty-four (24) inches by thirty-six (36) inches and shall contain the following information: 1.

Title page, which shall include key map showing the relationship of the area to be subdivided to the tract, and which shall reflect areas of the tract previously subdivided plus adjacent streets.

2.

North arrow and graphic scale.

3.

Title block showing name and address of developer and engineering firm, as well as the engineer's seal.

4.

One (1) or more bench marks, in or near the subdivision, to which the subdivision is referenced. The identity and elevation shall be based on the sea level datum.

5.

List of the standards and specifications followed, citing volume, section, page or other references.

6.

Paving details conforming to City of St. John standard specifications.

7.

Details of streets, existing and proposed sanitary sewers, drainage channels, including drainage maps and run-off sheets for storm water, swales and storm sewers.

8.

Plans and profiles of streets and sewers, scale not less than one (1) inch equals one hundred (100) feet (1 inch = 100 feet) horizontal; and one (1) inch equals ten (10) feet (1 inch = 10 feet) vertical.

9.

Existing and proposed survey monuments on street plans or on submitted copy of plans to be on proposed record plat.

10. A landscape plan prepared by a landscape architect for all or any part of the tract, except individual single-family residential lots, which shall contain the following minimum information: a.


b.

Types, sizes, and locations of all existing and proposed plantings. Existing tree masses to be retained may be delineated as such as long as a note accompanies them saying existing trees to be retained and maintained.

c.

General cover: Planting, gravel, crushed bark, etc.

d.

Walkways, fences, recreational facilities, buildings and other structures.


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B.

C.

e.

If common ground, the following note: Any common ground disturbed by grading or void of grass or other ground cover shall be seeded by the developer with a perennial grass except in those areas where there is a chance for erosion, i.e., in areas of excessive slopes (slopes of 15% or greater). These slopes shall be sodded with a perennial grass or riprapped.

f.

An itemized estimate for landscaping improvements that will be used for escrowing such improvements.

The Director of Public Works shall review the improvement plans as soon as practicable, and: 1.

Corrections or additions shall be made, if necessary, and, when satisfactory to the Director, he shall approve same.

2.

After approval of the improvement plans, the sewer plans (sanitary and storm water) shall be submitted to MSD for review and approval.

3.

After MSD has approved sanitary and storm sewer plans, the approved plans shall again be submitted to the City for review and final approval. Nothing in these Regulations shall prevent the developer from submitting improvement plans to MSD prior to the improvement plans being submitted to the City. Complete approval of the plans by all reviewing agencies and payment of inspection fees constitute authority to start construction or to post bond or escrow to cover the cost of improvements.

Approval by the City of the improvement plans shall be valid for a period of two (2) years from the date of approval, or for such longer period as the Director may determine to be advisable if after review by the City such longer period is necessary to facilitate adequate and coordinated provisions for transportation, water, sewerage, schools, parks, playgrounds or other public requirements. If the construction of the improvements shall not have been completed within said two (2) year period or such longer period as the Director may permit, a resubmission and review of the improved plans by the City may be required.

Section 405.120. Land Subdivision Improvements Installed or Guaranteed. [CC Ch. 22 §12; Ord. No. 11-1974 Ch. 22 §12, 7-1-1974] A.

After the improvement plans have been approved and all inspection fees paid, but before approval of the record subdivision plat, the developer shall either: 1.

Complete the improvements in accordance with the approved improvement plans under the observation and inspection of the appropriate inspecting agency, or

2.

Post a land subdivision bond or enter into an escrow agreement in accordance with the provisions hereafter set forth. The land subdivision bond or escrow agreement shall be prepared and executed on forms furnished by the City and shall be submitted to the City Council for approval or disapproval. Said forms shall be approved by the Director and City Attorney prior to being sent to the City Council.

B.

A land subdivision bond shall be issued by a surety company or a title insurance company and shall insure or guarantee, to the extent of the amount specified by the City in its estimate of the cost thereof, the construction and completion of the improvements shown by the approved improvements plans.

C.

An escrow agreement shall provide that there shall be deposited with the escrow agent to be held in a


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special escrow account by the escrow agent, subject to audit by the City of St. John:

D.

E.

1.

A cash amount which shall be not less than; or

2.

An irrevocable letter of credit or commitment from a lending institution to the escrow agent guaranteeing to such escrow agent the availability, from time to time upon demand, of a sum which shall be not less than; or

3.

Certificates of deposit, treasury bills or other readily negotiable instruments, the type of which has been approved by the City, endorsed to the escrow agent and the cash value of which shall be in an amount not less than the amount specified by the City in its estimate of the cost of the improvements as reflected by the approved improvement plans.

The bond shall remain in effect or the escrowed sum shall be held in the escrow account by the escrow agent, as the case may be, until such time as the Director shall, by written authorization to the surety or escrow agent, release the surety from the obligation of the bond or the escrow agent from his obligation to retain the escrowed sum in the escrow account, which release may be partial and may occur from time to time, as improvements are completed and approved; provided however: 1.

The Director shall release the surety or escrow agent from all or any part of its obligation only upon receipt of the requisite written notification from the inspecting agency; and

2.

In no case shall the Director authorize the release of more than ninety percent (90%) of the amount held as the bond or escrow sum until said improvements have been completed in a satisfactory manner, approved by the City and accepted or approved by the appropriate authority.

The term of the Land Subdivision Bond or the Escrow Agreement shall not exceed two (2) years in duration subject to the following: 1.

2.

F.

If, at the end of the two (2) year period, all the improvements reflected by the approved improvement plan have not been completed, the City may extend the term of the Land Subdivision Bond or the Escrow Agreement for a period not to exceed one (1) additional year at each extension if after review by the City such longer period is necessary to facilitate adequate and coordinated provisions for transportation, water, sewerage, schools, parks, playgrounds, or other public requirements. If said improvements have not been completed at the end of the two (2) year period or as extended by the City, the City may: a.

Require the surety to perform on the bond and pay to the City such amount as shall be equal to the lesser of the amount required to complete the improvements or the amount of the bond not theretofore released; or

b.

Require the escrow agent to remit to the City in cash or negotiable instruments constituting the escrow sum, as the case may be, the balance in the Escrow Account required to complete the improvements and the balance, if any, in the Escrow Account which exceeds such amount shall be returned to the developer; or

c.

Require the developer to submit a new Land Subdivision Bond or Escrow Agreement which has been recalculated in order to allow for any inflation in the case of constructing improvements.

If the surety fails to perform on the bond or the escrow agent fails to remit the amount required within thirty (30) days after written request, the Director may recommend that the City Attorney take immediate action to require performance by the surety under the bond or to secure the payment by the escrow agent of the amount required.

To be eligible, all escrow agents and sureties shall be approved by the City Attorney. All escrow agents and sureties shall be subject to spot audits by the City of St. John under the supervision of the


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Director. If the escrow agent or surety fails to comply with any of the provisions of the Escrow Agreement or the Land Subdivision Bond, the escrow agent or surety shall not thereafter be allowed to act as escrow agent or surety for any subdivision improvement in the City of St. John for a period of two (2) years.

Section 405.130. Record Plat. [CC Ch. 22 §13; Ord. No. 11-1974, Ch. 22 §13, 7-1-1974] A.

The record plat which shall be on tracing cloth, drafting film, or the equivalent, together with copies of any deed restrictions which are required by ordinance, where such are too lengthy to be shown on the plat, shall be submitted to the City for its approval. Upon approval of this final plat by the City Council the Mayor shall place his signature on the plat with the date of such approval.

B.

The record plat shall be filed with the St. Louis County Recorder of Deeds within sixty (60) days after approval by the City Council. If any record plat is not filed within this period, the approval shall expire.

C.

The record plat shall be prepared by a land surveyor, at any scale from one (1) inch equals twenty (20) feet (1 inch = 20 feet) to one (1) inch equals two hundred (200) feet (1 inch = 200 feet) in any increment of ten (10) feet from an accurate survey on one or more sheets whose maximum dimensions are thirty-six (36) inches by thirty-six (36) inches. In certain unusual instances where the subdivided area is of unusual size or shape, the City may permit a variation in the scale or size of the record plat. If more than one sheet is required, a key map on Sheet No. 1 showing the entire subdivision at reduced scale shall be provided.

D.

The record plat shall show and be accompanied by the following information: 1.

North arrow, graphic scale, and name of owner or owners.

2.

The lot boundary lines within and the boundary lines of the subdivision with accurate distances and bearings.

3.

The lines of all proposed streets and alleys with their widths and names.

4.

An accurate delineation of any property offered for dedication to public use.

5.

The line of departure of one street from another.

6.

The boundary lines of all adjoining lands and the right-of-way lines of adjacent streets and alleys with their widths and names.

7.

All lot lines and an identification system for all lots and blocks.

8.

Building lines and easements for right-of-ways provided for public use, services or utilities, with figures showing their dimensions, and listing uses that are being provided.

9.

All dimensions and bearings, both linear and angular, radii and arcs, necessary for locating the boundaries of the subdivision, blocks, lots, streets, alleys, easements, building lines and of any other areas for public or private use. The linear dimensions are to be expressed in feet and decimals of a foot.

10. All survey monuments, together with their descriptions. 11.

Area in square feet for each lot or parcel on the plat or a supplemental sheet showing same.

12. An accurate drawing of the proposed subdivision prepared at the scale of one (1) inch equals two hundred (200) feet (1 inch = 200 feet). http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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13. Name of subdivision and description of property subdivided, showing its location and area. If the subdivision is developed under the Planned Development or Special District Procedures of the Zoning Code the plat shall specify the appropriate development procedure. 14. Certification by a land surveyor to the effect that the plat represents a survey made by him, and that the locations of all required survey monuments, installed or to be installed, are correctly shown thereon. The months and year during which the survey was made shall also be shown. 15. Private restrictions and trusteeships, where required by ordinance, and their periods of existence. Should such restrictions and trusteeships be of such length as to make the lettering of same on plat impracticable and thus necessitate the preparation of a separate instrument, reference to such instrument shall be made on the plat. 16. All existing buildings to be removed or retained. 17. A certificate shall be submitted to the City showing that there are no delinquent taxes outstanding.

Section 405.140. Trust Indentures. [CC Ch. 22 §14; Ord. No. 11-1974 Ch. 22 §14, 7-1-1974] A.

Any trust indenture required to be recorded, or recorded for the purpose of complying with the provisions of these Regulations, shall provide for not less than the following representation of purchasers of developed lots among the trustees: one-third (⅓) of the trustees shall be chosen by purchasers of developed lots after fifty percent (50%) of the lots have been sold; two-thirds (⅔) of the trustees shall be chosen by purchasers of developed lots after ninety-five percent (95%) of the lots have been sold; all of the trustees shall be chosen by purchasers of developed lots after all of the lots have been sold.

B.

Where the provisions of such a trust indenture cannot be fulfilled by reason of unfilled vacancies among the trustees, the City Council may upon the petition of any concerned resident or property owner of the subdivision, appoint one (1) or more trustees to fill vacancies until such time as trustees are selected in accordance with the trust indenture. Any person so appointed who is not a resident or property owner within the subdivision shall be allowed a reasonable fee for his services by the order of appointment, which fee shall be levied as a special assessment against the property in the subdivision, and which shall not be subject to any limitations on special assessments contained in the trust indenture or elsewhere.

Section 405.150. As-Built Drawing of Subdivision Improvements. [CC Ch. 22 §15; Ord. No. 11-1974 Ch. 22 §15, 7-1-1974] After the sanitary sewers and storm sewers have been constructed and installed, but before the inspecting agencies recommend final approval or acceptance, the developer shall submit the required number of asbuilt drawings of said sewers and storm sewers.

Section 405.160. Acceptance and Final Approval. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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[CC Ch. 22 §16; Ord. No. 11-1974, Ch. 22 §16, 7-1-1974] Before the developer's obligations to the City of St. John is terminated, all required improvements shall be constructed under the observation and inspection of the inspecting parties and accepted for maintenance or given final approval by the City of St. John.

Section 405.170. Special Procedures — Planned Developments and Special Districts. [CC Ch. 22 §17; Ord. No. 11-1974, Ch. 22 §17, 7-1-1974] In the case of any subdivision developed under any of the special procedures in the Zoning Code, which requires submission of site or development plans to the City Council for review or approval, a Preliminary Development Plan shall be the same as required by the Zoning Code, and may be used therefore. A Final Development Plan required by the Zoning Code shall comply with all requirements of these Regulations for a Final Development Plan and may be used therefore.

Section 405.180. Single-Family Residential Lot Design Standards. [CC Ch. 22 §18; Ord. No. 11-1974 Ch. 22 §18, 7-1-1974] A.

The size, shape, and orientation of lots shall be designed to provide desirable building sites logically related to topography, natural features, streets, and adjacent land uses. Due regard shall be given to natural features such as large trees; unusual rock formations; watercourses; and sites which have historical significance, scenic views, and similar assets, the preservation of which would add attractiveness and value to the subdivision.

B.

The following minimum standards are set forth as guides to the above goals: 1.

Each proposed lot containing an area of less than three (3) acres shall front upon a street accepted by the City of St. John or improved to the standards and specifications of the City of St. John.

2.

Lots with double frontage should be avoided, except where necessary to provide separation of the subdivision from traffic arteries, or as otherwise required by topography or similar conditions.

3.

Where additional widening strips are dedicated on existing streets, calculations of the area of a lot shall not include widening strips in determining the gross area of the lot.

4.

The lot area shall meet the requirements of the Zoning Code.

5.

Minimum frontage widths shall be determined at the normal building line as stated in the Zoning Code.

6.

The minimum width required for a lot fronting on a circular turnaround may be measured along a line parallel to the street right-of-way line, at a distance from the street right-of-way line equal to the depth of the required front yard plus ten (10) feet.

7.

The minimum width at the right-of-way line for lots fronting on a circular turnaround shall be not less than thirty-six (36) feet.

8.

Side lot lines shall be at right angles to straight streets and radial to curved streets, except when


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said radial lot lines detract from the desirability of the lot. 9.

Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as rock formations, soil conditions, steepness of terrain, flood conditions, or other adverse natural physical conditions, the City may, after adequate investigation, withhold approval of such lots until engineering studies are presented to the City which established that the method proposed to meet any such conditions is adequate to avoid any danger to health, life or lot improvements.

Section 405.190. Duplex, Triplex, and Multiple Dwelling Units Subdivision Design Standards. [CC Ch. 22 §19; Ord. No. 11-1974, Ch. 22 §19, 7-1-1974] A.

A duplex, triplex, or multiple dwelling unit subdivision may consist of only one (1) parcel of land, or may include separate lots for one or more multi-family buildings or may include separate lots for each dwelling unit. The orientation of structures and lots shall be designed to provide desirable building sites logically related to topography, natural features, streets, parking areas, common land (if any), other structures, and adjacent land uses. Due regard shall be given to natural features such as large trees, unusual rock formations, watercourses, and sites which have historical significance, scenic views, and similar features, the preservation of which would add attractiveness and value to the subdivision.

B.

The following guide lines are set forth: 1.

If divided into lots, such lots shall not be deemed "lots" for the purpose of determining minimum lot area as provided in the Zoning Code providing however, that the total number of dwelling units does not exceed the maximum density requirements of the zoning district pertaining to the tract encompassed within the subdivision.

2.

Any such lots need not front or abut directly on a street providing that suitable access and easements are provided for both vehicular and pedestrian traffic.

3.

In the event the plan proposes the construction of dwelling units or free standing walls either joined together or having a common wall but on separate lots, such group of dwelling units or walls or both shall be deemed one (1) structure for the purpose of determining the side, front, and rear yard limitations of the Zoning Code.

4.

If the proposed subdivision necessitates the creation of party wall agreements, cross-easements, or other similar agreements to be of record for the use and benefit of two (2) or more dwelling units, the developer shall submit to the City all such agreements or indentures at the time of submission of the record plat for approval.

5.

Notwithstanding any other provision of these Regulations, roadways primarily intended to service parking areas as determined by the Director shall not be considered streets for the purpose of Section 405.210.

6.

In the event the developer submits an alternative landscaping plan under Section 405.320 (landscaping), trees need not be located between the edge of the pavement and the building line providing that the City finds that the proposed alternative plan enhances the value and attractiveness of the subdivision.

Section 405.200. Non-Residential Subdivision Principles, http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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Standards and Procedures. [CC Ch. 22 §20; Ord. No. 11-1974 Ch. 22 §20, 7-1-1974] A.

In addition to the standards of these Regulations which are appropriate to the planning of all subdivisions, the non-residential developer shall demonstrate to the satisfaction of the City that the proposed non-residential subdivision is specifically adapted to the uses anticipated. Unless otherwise set forth below, the standards and procedures established elsewhere in these Regulations as applicable to all subdivisions, shall apply to non-residential subdivisions as well.

B.

Anything to the contrary appearing in these Regulations notwithstanding, the following standards and procedures shall apply to non-residential subdivisions: 1.

The City may require pedestrian ways, sidewalks, and fencing in a non-residential subdivision to provide access to parks, schools, shopping areas, or similar facilities, or as otherwise necessary to insure the public safety.

2.

The minimum radius of thirty-two (32) feet at the back of the curb shall be required at all street intersections in a non-residential subdivision.

3.

Sidewalks shall not be required in a non-residential subdivision developed in a "PLI" Planned Light Industrial Zoning District, unless required in Subsection B (1) above.

4.

All streets in a non-residential subdivision shall be designed to meet at least the minimum requirements of pavement width and right-of-way width as set forth in Section 405.210 of these Regulations.

5.

A road maintenance and improvement and utility easement at least ten (10) feet in width must be provided on each side of all road rights-of-way. Minimum pavement widths shown above are to be measured from back to back of curbs. Collector streets in a non-residential subdivision may be built in two (2) stages of two (2) lanes each stage.

6.

The City may approve dead-end streets of more than six hundred (600) feet in a non-residential subdivision, but all such dead-end streets shall have a turnaround with a minimum diameter at the back of the curb of at least eighty-four (84) feet. Islands shall not be required in turnarounds in a non-residential subdivision.

7.

Alleys may be required by the City in non-residential subdivisions only where other provisions have not been made for service access, such as off-street loading, unloading, and parking, which provisions are adequate for the uses proposed within the subdivision.

8.

Survey monuments shall not be required in a non-residential subdivision except as set forth below:

9.

a.

A permanent survey marker, as defined elsewhere in Section 405.030, shall be placed on at least two (2) corners of each intersecting street in a non-residential subdivision and at each corner of the subdivision out-boundary, and said survey markers shall be placed by a land surveyor. Additional survey monuments shall not be required in the re-subdivision of a lot of a recorded non-residential subdivision.

b.

Said permanent survey monuments may be placed after all street and related utilities have been installed in the portion of the non-residential subdivision being improved.

Street lights shall be required in a non-residential subdivision in accordance with the requirements set forth in Section 405.220 of these Regulations, unless deed restrictions and/or covenants of said non-residential subdivision require outside illumination of all structures to the level required in Section 405.220 of these Regulations, subject, however, to approval of the City.


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10. In a non-residential subdivision in lieu of planting street trees as required in Section 405.320 of these Regulations, a non-residential developer may submit to the Department, for review and approval, an overall tree and shrub landscaping design plan for the subdivision which, if approved, shall be in lieu of the street trees. Such a plan may be submitted for implementation on a lot by lot basis. 11. C.

Every effort shall be made to protect adjacent residential areas from non-residential subdivisions, including the provision of a permanently landscaped buffer strip ten (10) feet in depth.

All procedures set forth in Sections 405.080 through 405.170 of these Regulations shall be adhered to except the following. The surface conditions of the property, results of any tests made to ascertain subsurface rock, soil, and water table, and spot elevations and slope ratios sufficient to prepare a grading plan, may be required by the City where such conditions affect rights-of-way, easements, or other public areas within the non-residential subdivision.

Section 405.210. Street Standards. [CC Ch. 22 §21; Ord. No. 11-1974, Ch. 22 §21, 7-1-1974] A.

The arrangement, character, extent, width, grade and location of all streets shall be considered in their relation to existing and proposed streets, to topographical conditions, to public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by such streets.

B.

The following standards shall apply: 1.

Arrangement of streets shall reasonably conform as nearly as possible to the Circulation Plan, and the developer shall make provision for the extension of major, collector and local streets. Except for dead-end streets, streets normally shall connect with streets already established, or provide for future connections to adjoining unsubdivided tracts, or shall be a reasonable projection of streets in the nearest subdivided tracts.

2.

Where a subdivision abuts or contains an existing or proposed arterial street, the City may require double frontage lots with screen planting, and non-access strips at the rear of such lots on the side of the arterial street.

3.

Local street intersection jogs or discontinuities with centerline offsets of less than one hundred (100) feet shall be avoided.

4.

Reserved strips of land which control or limit access at the terminus of streets are prohibited.

5.

A subdivision entrance street shall intersect the major or collector street with an interior angle between seventy (70) degrees and ninety (90) degrees.

6.

A minimum radius of twenty (20) feet at street right-of-way intersection and a minimum radius of thirty-two (32) feet at the back of the curb shall be required. Greater radii may be required at the intersection and at the back of curb of a street with a major street. The City may permit comparable cut-offs or chords in lieu of rounded corners.

7.

All streets intersecting on arterial or collector streets shall be directly opposite existing or other proposed streets or shall be a minimum of three hundred (300) feet distant, as measured between street center lines.

8.

Streets shall be constructed to the City of St. John standard specifications.

9.

All stub streets in excess of two hundred fifty (250) feet in length shall be provided with a temporary turnaround.


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10. Concrete curbs and gutters shall be installed on all streets and shall conform to the minimum standards and requirements of the City. 11.

Any subdivision platted along an existing street shall provide additional right-of-way, as necessary, not to exceed twenty (20) feet on either side, to meet the width requirements herein set forth. When the subdivision is located on only one (1) side of an existing street, one-half (½) of the required right-of-way width shall be provided, measured from the center line of the right-of-way as originally established.

12. A street on which residential lots front and which parallels but is not adjacent to a railroad rightof-way shall be at a distance from the railroad right-of-way sufficient to provide lots with a minimum depth of one hundred sixty (160) feet. 13. The City may require a street to be dedicated to public use in order to provide circulation. 14. The pavement width for multiple-family access streets does not allow for, nor will parking be permitted on the streets. For each parallel parking space adjacent to these streets an additional width of ten (10) feet shall be provided. Additional parking requirements shall be as provided herein and/or to the standards established by the Planning and Zoning Board. 15. All streets shall be designed to meet the following minimum requirements: SUBDIVISION STREET DESIGN CRITERIA Minimum Right-ofMinimumPavement Classification way in Feet Width in Feet Local Streets 40 26 Collector Streets 50 38 Arterial Streets 76 64 C.

Street Names. 1.

Signs bearing the name of the street, as designated on the record plat, shall be placed at all street intersections. The City shall approve the location and inspect the installation of street name signs in all subdivisions. The size, height, and type of sign shall be in accordance with City specifications.

2.

Proposed streets which are continuations of, or in general alignment with, existing named streets, shall bear the names of such existing streets.

3.

The name of a proposed street which is not in alignment with an existing street shall not duplicate the name of any existing or platted street.

4.

All the names of streets proposed by the subdivider shall be approved by the St. Louis Post Office and the City prior to submitting the proposed record plat for review.

Section 405.220. Street Lights. [CC Ch. 22 §22; Ord. No. 11-1974, Ch. 22 §22, 7-1-1974] A.

In a non-residential subdivision or a single-family dwelling residential subdivision a street light shall be provided at each intersection of a street within a subdivision, at each intersection of a street with a pedestrian way, and at each circular turnaround, but in no event shall there be fewer than one (1) street light for each four hundred (400) linear feet, or portion thereof, of street frontage between intersections, or between a street intersection and that terminus of a dead-end street.

B.

In a duplex, triplex or multi-family dwelling residential subdivision, a street light shall be provided at each intersection of streets within a subdivision, at each intersection of a street with a pedestrian way,


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and at each circular turn-around, but in no event shall there be fewer than one (1) street light for each two hundred (200) linear feet, or portion thereof, of street frontage between intersections, or between a street intersection and the terminus of a dead-end street. Lighting shall be provided within parking lot areas at a minimum of one light per each twenty-five (25) parking spaces or any fraction thereof (parking space being three hundred (300) square feet in size). C.

Lighting intensity of each street light shall be equivalent to a 6800 Mercury Luminaire Lampe or a 175 Watt Lamp and the street light posts shall be at least sixteen (16) feet in height. Equivalents to these standards may be proposed and used when approved by the City. Unless the City Council hereafter provides by either ordinance or resolution for other procedures, the developer shall submit to the City a maintenance agreement, a trust indenture, or other similar instrument setting forth the person, corporation, trustees, or other agency responsible for the assessment as well as the collection of the movies necessary for the operation of the street lighting system within the subdivision, and methods of collection of said monies.

Section 405.230. Underground Wiring. [CC Ch. 22 §23; Ord. No. 11-1974 Ch. 22 §23, 7-1-1974] All electric and telephone distribution lines shall be installed underground, except those overhead distribution feeder lines necessary to serve the subdivision and in locations as approved by the City. Cable switching enclosures, pad mounted transformers, and service pedestals may also be installed above ground and may be installed as a part of the street lighting standards where approved by the City.

Section 405.240. Alleys. [CC Ch. 22 §24; Ord. No. 11-1974 Ch. 22 §24, 7-1-1974] A.

Alleys may be provided in a residential district and shall be at least sixteen (16) feet wide and shall be constructed according to City standards.

B.

Alley intersections and sharp changes in alignment shall be avoided, but where necessary, corners shall be designated to permit safe vehicular movement.

C.

A dead-end alley shall have an adequate turnaround facility at its termination.

Section 405.250. Easements (Utility and Drainage). [CC Ch. 22 §25; Ord. No. 11-1974 Ch. 22 §25, 7-1-1974] A.

All proposed subdivisions shall have easements as determined by the City to be adequate for the installation and maintenance of utility facilities. Basically, where alleys are not provided, easements of not less than five (5) feet in width shall be provided on each side of all rear lot lines, and side lines where necessary, for poles, wires, conduits, storm and sanitary sewers, gas, water, and heat mains. Easements of greater width may be required along lines or across lots where necessary for the extension of main sewers and similar utilities.

B.

Storm water easements and drainage rights-of-way may be required if necessary for proper drainage within and through a subdivision.

C.

Where a cut or fill for a street extends beyond the limits of the right-of-way, the developer shall provide a slope easement as determined by the City to be of sufficient area and limits to permit the


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construction and maintenance of the slope. D.

Whenever a stream or surface drainage course is located in an area proposed for a subdivision, the developer shall provide an easement determined by the City to be adequate in area to contain facilities to take care of flooding or erosion along said stream or surface drainage course.

Section 405.260. Test Boring and Grading. [CC Ch. 22 §26; Ord. No. 11-1974 Ch. 22 §26, 7-1-1974] A.

The City may, at its discretion, require evidence as to the subsurface soil, rock, and water conditions of the tract to be developed.

B.

Where the Final Development Plan indicates that extensive grading and compaction is probable, the City may require the submission of additional information and modifications in the proposed plat before the developer may grade any land to be subdivided.

Section 405.270. Improvements. [CC Ch. 22 §27; Ord. No. 11-1974 Ch. 22 §27, 7-1-1974] Plans for improvements shall be prepared by an engineer; and the streets, storm sewers, and sanitary sewers shall be staked by a land surveyor. The owner of the tract may prepare and secure tentative approval of a final subdivision plat of the entire tract, but the improvements shall be installed or guaranteed in the form of a Land Subdivision Bond or an Escrow Agreement, in any portion of the area for which a record plat is approved for recording. The owners may convey title to lots in the improved portion only of said property; provided, that streets, storm and sanitary sewers, and sewage treatment plants be designed and built to serve the entire area, or be designed and built to serve the area to be initially developed in such a manner that they can easily be expanded or extended, as the case may be, to serve the entire drainage area or watershed.

Section 405.280. Survey and Street Monuments. [CC Ch. 22 §28; Ord. No. 11-1974 Ch. 22 §28, 7-1-1974] A.

Survey monuments shall be placed by a land surveyor at all street corners, and so located to find angle points, points of tangency of curves on one side of the street, and at all boundary corners. Monuments shall be of Portland cement concrete, four (4) inches square on the top and six (6) inches square on the bottom with a length of two (2) feet. A permanent marker shall be set in a cylinder of Portland cement concrete six (6) inches in diameter. Steel pipe encased in Portland cement concrete extending below the frost line may be substituted for a concrete monument. Should conditions prohibit the placing of any monuments at the above locations, offsetting of the permanent marker is permitted; provided however, that exact off-street courses and distances are shown on the record subdivision plat. A permanent bench mark shall be accessibly placed or established, the elevation of which shall be referred to mean sea level and accurately noted on the record subdivision plat.

B.

All streets shall be graded and the roadway improved by surfacing. Roadway surfacing shall be in accordance with City standards and specifications. All grading and surfacing shall be done under observation and inspection of the appropriate City Official and shall be subject to his approval. The treatment of the intersection of any new street with a State highway shall be subject to approval by the District Engineer of the State of Missouri Highway Department.


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C.

At such time as a subdivision is proposed adjacent to a street that is accepted and maintained by the City of St. John or St. Louis County, that street shall be improved to handle the increased traffic due to said subdivision, and the additional right-of-way and the cost of improvement of half of the right-ofway adjacent to the proposed subdivision, shall be included in the overall subdivision improvements. The improvements shall be made to current City or County specifications and standards and shall comply with the major street plan of the City of St. John or St. Louis County.

Section 405.290. Sidewalks and Pedestrian Ways. [CC Ch. 22 §29; Ord. No. 11-1974 Ch. 22 §29, 7-1-1974] A.

B.

C.

Sidewalks shall be required on both sides of all streets unless otherwise provided for in these Regulations. The Planning and Zoning Board may grant a variance in the following cases: 1.

Where sidewalks are not deemed necessary for public safety or where topographical or other conditions make their installation and use impractical.

2.

Where the subdivision designer has submitted for review a proposed sidewalk plan that provides for more direct and safer movement of pedestrian traffic.

Sidewalks shall be constructed in accordance with City specifications. However, in the absence of applicable specifications, the minimum requirement for sidewalks shall be as follows: 1.

Residential sidewalks shall be of concrete, four (4) feet wide and four (4) inches thick, except in driveways where a six (6) inch thickness shall be required.

2.

Non-residential sidewalks shall be of concrete, seven (7) feet wide with tree wells, and four (4) inches thick, except at driveways where a seven (7) inch thickness shall be required.

The City may require pedestrian ways to provide access to parks, schools, shopping areas, or similar facilities, or where otherwise indicated to insure the public safety. In the event that a pedestrian way is required, not less than a ten (10) foot right-of-way shall be set aside providing for a four (4) foot wide and four (4) inch thick Portland cement pavement, or other hard surface approved by the City, on a grade longitudinally not exceeding eight percent (8%) unless alternate steps are provided as part of the sidewalk. Said right-of-way shall be fenced to provide for the public safety. Unless other procedures are hereafter provided for by the City Council, the developer of the proposed subdivision shall record simultaneously with the record plat a maintenance agreement or a trust indenture providing for maintenance of said pedestrian way by the trustees of the subdivision.

Section 405.300. Water Mains and Fire Hydrants. [CC Ch. 22 §30; Ord. No. 11-1974 Ch. 22 §30, 7-1-1974] The subdivider shall install water mains and fire hydrants in the subdivided area. Such installation shall be in accordance with the standards and specifications of the County Water Company and the location of the file hydrants shall first be approved by the Community Fire Protection District and the Missouri Inspection Bureau.

Section 405.310. Storm and Sanitary Sewers. [CC Ch. 22 §31; Ord. No. 11-1974 Ch. 22 §31, 7-1-1974] http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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A.

Storm drainage improvements consisting of storm sewers or open channels shall adequately drain the areas being developed. The design of drainage improvements shall be coordinated to the extent possible with present and probable future improvements so as to form part of an integrated system. Adequate provisions shall be made for the disposal of storm water, in accordance with the specifications and standards of the Metropolitan St. Louis Sewer District and the City of St. John.

B.

The developer shall connect with MSD sanitary sewers and must provide adequate sewer lines to each lot. Sewer connections shall comply with the regulations of the Water Pollution Board, MSD, and the City of St. John, and shall be constructed under the observation and inspection of the City, and shall be approved by same.

Section 405.320. Landscaping Requirements. [CC Ch. 22 §32; Ord. No. 11-1974 Ch. 22 §32, 7-1-1974; Ord. No. 848 §1, 1-9-2006; Ord. No. 914 §1, 8-18-2008] A.

All trees planted in the City right-of-way must be planted per the terms of the City Tree Policy.

B.

If structures or plantings are proposed at the subdivision entrance, it shall be done in such a manner as not to obscure the vision of oncoming traffic.

C.

A subdivision landscape plan, excluding individual residential lots, shall be submitted for review to the City as a part of the improvement plans, Section 405.110. This plan shall contain types, sizes, and locations of all proposed and existing plantings. The developer shall insure by Escrow Agreement or Land Subdivision Bond, the completion of the landscaping as shown on the approved landscaping plan.

D.

In lieu of the planting of street trees as required by this Section, the developer may submit to the City for review and approval an alternate landscaping plan. This plan shall provide for trees appropriate in number and species for the area between the edge of the pavement and the building line.

E.

The City may require ground cover appropriate to insure proper run-off.

F.

The City may require the clearing of underbrush, and may require the sodding, seeding and other landscaping improvements in common land where the common land has been altered.

Section 405.330. Subdivision Review Fees. [CC Ch. 22 §33; Ord. No. 11-1974, Ch. 22 §33, 7-1-1974] A.

There shall be a one hundred dollar ($100.00) filing fee accompanying the submission of a Final Development Plan, except where previously reviewed under a Special Procedure or Planned District of the Zoning Code, in which case there shall be no fee. Credit shall be given to the developer for fifty percent (50%) of the filing fee at the time of submission of a proposed record plat. There shall be a fifty dollar ($50.00) filing fee for a minor subdivision plat.

B.

Subdivision Permit Fees. 1.

There shall be a fifteen dollar ($15.00) per lot subdivision permit fee accompanying the submission of a proposed record plat.

2.

There shall be a seven dollar fifty cent ($7.50) per dwelling unit subdivision permit fee accompanying the submission of a proposed record plat for Multiple Dwelling Unit Subdivision.

3.

There shall be a subdivision permit fee accompanying the submission of a proposed record plat for a non-residential subdivision. Said fee shall be calculated as follows: Seventy-five dollars


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($75.00) per acre fee for the first twenty (20) acres and an additional fifty dollars ($50.00) per acre for each acre over twenty (20) acres. C.

There shall be a one hundred dollar ($100.00) filing fee plus a fifty dollar ($50.00) per unit fee accompanying the submission of a Display Unit Plat.

Section 405.340. Director of Public Works — Enforce Chapter Provisions. [CC Ch. 22 §34(1 — 3); Ord. No. 11-1974, Ch. 22 §34(1 — 3), 7-1-1974] A.

It shall be the duty of the Director of Public Works to enforce the provisions of these Regulations. The City Council may authorize the deputizing of one or more additional members of his Department, as well as members of other City Departments who have a particular skill or competence, to act for the Director of Public Works. The term of "Director of Public Works" as used elsewhere in these Regulations shall be deemed to include such deputies.

B.

The Director of Public Works shall enforce the provisions of these Regulations by authorizing the issuance of construction permits and occupancy permits. By means of field inspections and other activities delineated herein, he shall ensure conformance with these Regulations. The Director of Public Works is authorized to inspect, or cause to be inspected, any building or other structure or any land on which work is in progress and to order the stoppage of work being done in violation of these Regulations. He shall inspect, or cause to be inspected, such premises after work is completed and shall not authorize the issuance of any occupancy permit until final inspection has been made.

C.

The Director of Public Works shall have the power to adopt such administrative regulations as he deems necessary to the carrying out of his enforcement responsibilities. These regulations shall have general applicability to cases of similar character.

Section 405.350. Permit for Construction Required. [CC Ch. 22 §34(4); Ord. No. 11-1974 Ch. 22 §34(4), 7-1-1974] No building, structure, or part thereof shall be erected, constructed, reconstructed or enlarged, nor shall any such work be started without the issuance of a construction permit authorized by the Director of Public Works. This permit shall state that the construction complies with the provisions of these Regulations.

Section 405.360. Inspection, Surveys, Etc. [CC Ch. 22 §34(5); Ord. No. 11-1974, Ch. 22 §34(5), 7-1-1974] The Director of Public Works or his authorized representatives are hereby empowered, in the performance of their functions, to enter upon any land in the City for the purpose of making inspections, examinations, and surveys, or to place and maintain thereon monuments, markers, notices, signs or placards required to effectuate the purpose and provisions of these Regulations. All authorized representatives shall be required to present proper credentials upon demand when entering upon any land or structure for the purpose of this Section.

Section 405.370. Stop Work or Stop Use Notices. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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[CC Ch. 22 §34(6 — 8); Ord. No. 11-1974 Ch. 22 §34(6 — 8), 7-1-1974] A.

The Director of Public Works, his deputies or inspectors may cause the cessation of any erection, construction, reconstruction, alteration, conversion, maintenance or use in violation of the Subdivision Regulations, by posting a "stop work" or "stop use" notice on the premises and by notice in writing to the owner of the property involved, or to his agents, or to the person doing the work in the case of a stop work order, stating the nature of the violation.

B.

The Director of Public Works may refer any violation of these Regulations to the City Attorney for prosecution or other appropriate action when deemed necessary.

C.

The Police Department shall aid the Director of Public Works in enforcing these Regulations by posting "stop work" or "stop use" notices when requested by the Director of Public Works.

Section 405.380. Violation and Penalty. [CC Ch. 22 §34(9); Ord. No. 11-1974, Ch. 22 §34(9), 7-1-1974; Ord. No. 1014 §1, 7-15-2013] The owner or agent of a building or premises in or upon which a violation of any provision of these Regulations has been committed or shall exist; or the lessee or tenant of an entire building or entire premises in or upon which any such violation has been committed or shall exist; or the owner, agent, lessee or tenant of any part of the building or premises in or upon which any such violation has been committed or shall exist; or the agent, architect, building contractor or any other person who commits, takes part or assists in any violation or who maintains any building or premises in or upon which such violation shall exist shall, upon conviction, be punishable by a fine of not less than ten dollars ($10.00) and not more than one hundred dollars ($100.00) for each and every day that such violation continues. However, if the offense be willful, on conviction thereof, the punishment shall be a fine of not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00) for each and every day that such violation shall continue, or by imprisonment for ten (10) days for each and every day such violation shall continue, or by both such fine and imprisonment in the discretion of the Court. Any person who, having been served with an order to remove any such violation, shall fail to comply with such order within ten (10) days after such service, or shall continue to violate any provision of the stipulations made under authority of these Regulations in the respect named in such order, shall also be subject to a civil penalty of two hundred fifty dollars ($250.00).

Section 405.390. Variances. [CC Ch. 22 §35; Ord. No. 11-1974, Ch. 22 §35, 7-1-1974] A.

Whenever the tract to be subdivided is of such unusual size or shape, or is surrounded by such development, or contains such topographic conditions or characteristics, or is intended for the construction of improvements of such unusual design or arrangement, that the strict application of the requirements contained in these Regulations would impose practical difficulties or particular hardship, then the Board of Adjustment may consider and allow such variations of the strict application of the terms of these Regulations, as are in harmony with its general purpose and intent, when the Board is satisfied, under the evidence heard before it, that a granting of such variation will not merely serve as a convenience to the applicant, but will alleviate some demonstrable hardship or difficulty so great as to warrant a variation from these Regulations and the accompanying Comprehensive Plan.

B.

The appeal procedure is outlined in Section 400.340 for planned and special zoning districts and Article X of Chapter 400.

Section 405.400. Legal Provisions. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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[CC Ch. 22 §36; Ord. No. 11-1974, Ch. 22 §36, 7-1-1974] A.

It is not intended by these Regulations to interfere with, abrogate, or annul any easements, covenants, or other arrangements between parties; provided however, that where these Regulations impose a greater restriction upon the use of buildings or premises or upon height of buildings, or requires larger open spaces than are imposed or required by any other easements, covenants, or agreements, the provisions of these Regulations shall govern.

B.

In case of conflict between these Regulations or any part thereof, and the whole or part of any other existing or future ordinance, the most restrictive in each case shall apply.

Chapter 410. Flood Hazard Regulations Section 410.010. Statutory Authorization, Findings of Fact and Purpose. [Ord. No. 519 §410.000, 7-24-1995] A.

Statutory Authorization. The Legislature of the State of Missouri has in Section 49.600, RSMo., delegated the responsibility to local governmental units to adopt regulations designed to protect the health, safety and general welfare.

B.

Findings Of Fact.

C.

1.

Flood losses resulting from periodic inundation. The flood hazard areas of St. John, Missouri are subject to inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base all of which adversely affect the public health, safety and general welfare.

2.

General causes of the flood losses. These flood losses are caused by: a.

The cumulative effect of obstructions in floodways causing increases in flood heights and velocities,

b.

The occupancy of flood hazard areas by uses vulnerable to floods or hazardous to others, which are inadequately elevated or otherwise unprotected from flood damages.

Statement Of Purpose. It is the purpose of this Chapter to promote the public health, safety, and general welfare and to minimize those losses described in Subsection (B) by applying the provisions of this Chapter to: 1.

Restrict or prohibit uses which are dangerous to health, safety, or property in times of flooding or cause undue increases in flood heights or velocities.

2.

Require that uses vulnerable to floods, including public facilities which serve such uses, be provided with flood protection at the time of initial construction.

3.

Protect individuals from buying lands which are unsuited for intended purposes because of flood hazard.

4.

Assure that eligibility is maintained for property owners in the community to purchase flood insurance in the National Flood Insurance Program.


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Section 410.020. City Manager — Responsibilities. [Ord. No. 519 §410.200, 7-24-1995] The City Manager hereby has these added responsibilities and is authorized and directed to enforce all of the provisions of this Chapter and all other ordinances of the City of St. John now in force or hereafter adopted, related to zoning, subdivision or building codes.

Section 410.030. City Manager — Appointment — Absence of Disability. [Ord. No. 519 §410.300, 7-24-1995] The City Manager shall be appointed to these additional responsibilities by resolution of the Governing Body and his appointment shall continue during good behavior and satisfactory service. During temporary absence or disability of the City Manager, the Governing Body of the City shall designate an acting enforcement official.

Section 410.040. Official Map. [Ord. No. 519 §410.400, 7-24-1995] The Governing Body of the City of St. John hereby designates the current Flood Hazard Boundary Map/Flood Insurance Rate Map, for the City of St. John and amendments, as the official map to be used in determining those areas of special flood hazard.

Section 410.050. Administration. [Ord. No. 519 §410.500, 7-24-1995] A.

Permits Required. No person, firm or corporation shall erect, construct, enlarge or improve any building or structure or make other developments, as defined in the definitions Section of this Chapter, in the City, or cause the same to be done without first obtaining a separate development permit for each building or structure. 1.

Within Zone(s) A on the official map, separate floodplain development permits are required for all new construction, substantial improvements and other developments, including the placement of manufactured homes.

2.

Application. To obtain a floodplain development permit, the applicant shall first file an application therefore in writing on a form furnished for that purpose. Every such application shall: a.

Identify and describe the work to be covered by the floodplain development permit for which application is made.

b.

Describe the land on which the proposed work is to be done by lot, block, tract and house and street address, or similar description that will readily identify and definitely locate the proposed building or work.

c.

Indicate the use or occupancy for which the proposed work is intended.


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d.

Be accompanied by plans and specifications for proposed construction.

e.

Be signed by the permittee of his authorized agent who may be required to submit evidence to indicate such authority.

f.

Within designated floodplain areas, be accompanied by elevations (in relation to a mean sea level) of the lowest floor (including basement) or in the case of floodproofed non-residential structures, the elevation to which it shall be floodproofed. Documentation or certification of such elevations will be maintained by the City Manager.

g.

Give such other information as reasonably may be required by the City Manager (i.e., require a statement from the applicant that they are aware that elevating or floodproofing structures above the minimum levels will result in premium reduction, especially in the case of nonresidential floodproofing when a minus one (1) foot, penalty is assessed at the time of rating the structure for the policy premium).

Section 410.060. City Manager to Review Development Permit Applications. [Ord. No. 519 §410.600, 7-24-1995] The City Manager shall review all development permit applications to determine if the site of the proposed development is reasonably safe from flooding and that all necessary permits have been received as required by Federal or State law.

Section 410.070. Review of Applications for New Construction, Etc., by City Manager. [Ord. No. 519 §410.700, 7-24-1995] A.

The City Manager in reviewing all applications for new construction, substantial improvements, prefabricated buildings, placement of manufactured homes and other development(s) (as defined in Section 410.180 of this Chapter) will: 1.

Obtain, review and reasonably utilize, if available, any regulatory flood elevation data and floodway data available from Federal, State, or other sources, until such other data is provided by the Federal Insurance Administration in a Flood Insurance Study; and require within areas designated as Zone A on the official map that the following performance standards be met: a.

Residential construction. New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above seven (7) feet above the base flood elevation.

b.

Non-residential construction. New construction or substantial improvement of any commercial, industrial or other non-residential structure shall either have the lowest floor, including basement, elevated to or above seven (7) feet above the level of the base flood elevation or, together with attendant utility and sanitary facilities, be floodproofed so that below such a level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this Subsection are satisfied. Such certifications shall be provided to the local enforcement official.


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c.

Require for all new construction and substantial improvements: That fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one (1) foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

2.

Require the use of construction materials that are resistant to flood damage.

3.

Require the use of construction methods and practices that will minimize flood damage.

4.

Require that new structures be designed (or modified) and adequately anchored to prevent floatation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

5.

New structures be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

6.

Assure that all manufactured homes shall be anchored to resist floatation, collapse, or lateral movement. Manufactured homes must be anchored in accordance with State laws, local building codes and FEMA guidelines. In the event that over-the-top frame ties to ground anchors are used, the following specific requirements (or their equivalent) shall be met:

7.

8.

a.

Over-the-top ties be provided at each of the four (4) corners of the manufactured home with two (2) additional ties per side at the intermediate locations and manufactured homes less than fifty (50) feet long requiring one (1) additional tie per side.

b.

Frame ties be provided at each corner of the home with five (5) additional ties per side at intermediate points and manufactured homes less than fifty (50) feet long requiring four (4) additional ties per side.

c.

All components of the anchoring system be capable of carrying a force of four thousand eight hundred (4,800) pounds.

d.

Any additions to manufactured homes be similarly anchored.

Assure that all manufactured homes that are placed or substantially improved within Zones A1-30, AH, and AE on the community's FIRM on sites: a.

Outside of a manufactured home park or subdivision.

b.

In a new manufactured home park or subdivision.

c.

In an expansion to an existing manufactured home park or subdivision, or

d.

In an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to seven (7) feet above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with the provisions of Section 410.070(6).

Assure that manufactured homes to be placed or substantially improved on sites in an existing


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manufactured home park or subdivision within Zones A1-30, AH and AE on the community's FIRM that are not subject to the provisions of Section 410.070(7) be elevated so that either:

9.

a.

The lowest floor of the manufactured home is at or above seven (7) feet above the base flood elevation, or

b.

The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six (36) inches in height above grade and be securely anchored to an adequately anchored foundation system in accordance with the provisions of Section 410.070(6).

Require that recreational vehicles placed on sites within the identified floodplain on the community's FIRM either: a.

Be on the site for fewer than one hundred eighty (180) consecutive days and be fully licensed and ready for highway use*, or

b.

Meet the permit requirements and the elevation and anchoring requirements for manufactured homes of this Chapter. * A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions.

Section 410.080. Review of Subdivision Applications. [Ord. No. 519 §410.800, 7-24-1995] A.

The Governing Body of the City shall review all subdivision applications and other proposed new developments, including manufactured home parks or subdivisions, and shall make findings of fact and assure that: 1.

All such proposed developments are consistent with the need to minimize flood damage.

2.

Subdivision proposals and other proposed new developments (including proposals for manufactured home parks and subdivisions), greater than five (5) acres or fifty (50) lots, whichever is lesser, include within such proposals regulatory flood elevation data in areas designated Zone A.

3.

Adequate drainage is provided so as to reduce exposure to flood hazards.

4.

All public utilities and facilities are located so as to minimize or eliminate flood damage.

Section 410.090. New Water and Sewer, Etc. [Ord. No. 519 §410.900, 7-24-1995] New and replacement water and sewer systems shall be constructed to eliminate or minimize infiltration by, or discharge into floodwaters. Moreover, on-site waste disposal systems will be designed to avoid impairment or contamination during flooding.

Section 410.100. City's Responsibility — Compliance With National Flood Insurance Program. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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[Ord. No. 519 §410.1000, 7-24-1995] The Governing Body of the City will insure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained. The City will notify, in riverine situations, adjacent communities and the State Coordinating Office prior to any alteration or relocation of a watercourse, and submit copies of such notifications to the Federal Emergency Management Agency. Moreover, the City will work with appropriate State and Federal agencies in every way possible in complying with the National Flood Insurance Program in accordance with the National Flood Disaster Protection Act of 1973.

Section 410.110. Appeals and Requests for Variances. [Ord. No. 519 §410.1200, 7-24-1995] A.

The Board of Adjustment as established by the City of St. John shall hear and decide appeals and requests for variances from the requirements of this Chapter.

B.

Appeals. The Board of Adjustment shall hear and decide appeals when it is alleged that there is an error in any requirement, decision, or determination made by the Director of Public Works or his designee in the enforcement or administration of this Chapter.

C.

Any person aggrieved by the decision of the Board of Adjustment or any taxpayer may appeal such decision to the Circuit Court of St. Louis County provided in the Municipal Code of the City of St. John.

D.

In passing upon such applications, the Circuit Court of St. Louis County shall consider all technical evaluation, all relevant factors, standards specified in other Sections of this Chapter, and: 1.

The danger that materials may be swept onto other lands to the injury of others;

2.

The danger to life and property due to flooding or erosion damage;

3.

The susceptibility of proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

4.

The importance of the services provided by the proposed facility to the community;

5.

The necessity to the facility of a waterfront location, where applicable;

6.

The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;

7.

The compatibility of the proposed use to the comprehensive plan and floodplain management program for that area;

8.

The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

9.

The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and

10. The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. E.

Conditions For Variances. 1.

Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (½) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items below have been fully


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considered. As the lot size increases beyond the one-half (½) acre, the technical justification required for issuing the variance increases. 2.

Variances my be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this Section.

3.

Variances shall not be issued within any designated floodway if any increase in flood levels during the base blood discharge would result.

4.

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

5.

Variances shall only be issued upon:

6.

a.

A showing of good and sufficient cause.

b.

A determination that failure to grant the variance would result in exceptional hardship to the applicant.

c.

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

Any applicant to whom a variance is granted shall be given a written notice that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

Section 410.120. Abrogation and Greater Restrictions. [Ord. No. 519 §410.1300, 7-24-1995] It is not intended by this Chapter to repeal, abrogate or impair any existent easements, covenants, or deed restrictions. However, where this Chapter imposes greater restrictions, the provision of this Chapter shall prevail. All other ordinances inconsistent with this Chapter are hereby repealed to the extent of the inconsistency only.

Section 410.130. Interpretation and Application. [Ord. No. 519 §410.1400, 7-24-1995] In their interpretation and application, the provisions of this Chapter shall be held to be minimum requirements and shall be liberally construed in favor of the Governing Body and shall not be deemed a limitation or repeal, of any other powers granted by State Statutes.

Section 410.140. Warning and Disclaimer of Liability. [Ord. No. 519 §410.1500, 7-24-1995] The degree of flood protection required by this Chapter is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions or the flood height may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This Chapter does not imply that areas outside floodplain district boundaries or land uses permitted within such districts will be free from flooding or flood damage. This Chapter shall not create http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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liability on the part of the City of St. John or any officer or employee thereof for any flood damages that may result from reliance on this Chapter or any administrative decision lawfully made thereunder.

Section 410.150. Appeal. [Ord. No. 519 §410.1700, 7-24-1995] Where a request for a permit to develop or a variance is denied by the Director of Public Works the applicant may apply for such permit or variance directly to the Board of Adjustment.

Section 410.160. Penalties for Violation. [Ord. No. 519 §410.1800, 7-24-1995] A.

Violation of the provisions of this Chapter or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or special exceptions) shall constitute a misdemeanor. Any person who violates this Chapter or fails to comply with any of its requirements shall upon conviction thereof be subject to the penalty provisions as established in Section 100.010 of the Municipal Code of the City of St. John, and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense.

B.

Nothing herein contained shall prevent the City of St. John or other appropriate authority from taking such other lawful action as is necessary to prevent or remedy any violation.

Section 410.170. Amendments. [Ord. No. 519 §410.1900, 7-24-1995] This Chapter shall take precedence over conflicting ordinances or parts of ordinances. The Governing Body of the City of St. John may, from time to time, amend this Chapter to reflect any and all changes in the National Flood Disaster Protection Act of 1973. The regulations of this Chapter are in compliance with the National Flood Insurance Program Regulations as published in Title 44 of the Code of Federal Regulations.

Section 410.180. Definitions. [Ord. No. 519 §410.2000, 7-24-1995] Unless specifically defined below, words and phrases used in this Chapter shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this Chapter its most reasonable application. ACCESSORY STRUCTURE The same as Appurtenant Structure. ACTUARIAL OR RISK PREMIUM RATES Those rates established by the Administrator pursuant to individual community studies and investigations which are undertaken to provide flood insurance in accordance with Section 1307 of the Act and the accepted actuarial principles. "Risk premium rates" include provisions for operating costs and allowances. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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ADMINISTRATOR The Federal Insurance Administrator. AGENCY The Federal Emergency Management Agency. AGRICULTURAL COMMODITIES Agricultural commodities and livestock. AGRICULTURAL STRUCTURE Any structure used exclusively in connection with the production, harvesting, storage, raising, or drying of agricultural commodities. APPURTENANT STRUCTURE A structure which is on the same parcel of property as the principle structure to be insured and the use of which is incidental to the use of the principal structure. APPEAL A request for a review of the local administrator's interpretation of any provision of this Chapter or a request for a variance. AREA OF SHALLOW FLOODING A designated AO or AH Zone on a community's Flood Insurance Rate Map (FIRM) with a one percent (1%) or greater annual chance of flooding to an average depth of one (1) to three (3) feet where a clearly defined channel is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. AREA OF SPECIAL FLOOD HAZARD The land in the floodplain within a community subject to one percent (1%) or greater chance of flooding in any given year. BASE FLOOD The flood having one percent (1%) chance of being equalled or exceeded in any given year. BASEMENT Any area of the building having its floor subgrade (below ground level) on all sides. BUILDING See "structure". CHIEF EXECUTIVE OFFICER OR CHIEF ELECTED OFFICIAL The official of the community who is charged with the authority to implement and administer laws, ordinances, and regulations for that community. DEVELOPMENT Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. ELEVATED BUILDING A non-basement building: 1.

Built, in the case of a building in Zones R-1, R-2, FP, PS, PR, C-1, PC, PC/R, PLI, SR/D, SC to have the top of the elevated floor, elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the flow of water; and


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2.

Adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. This also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters.

ELIGIBLE COMMUNITY OR PARTICIPATING COMMUNITY A community for which the Administrator has authorized the sale of flood insurance under the National Flood Insurance Program. EXISTING CONSTRUCTION (For the purposes of determining rates) structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRM's effective before that date. "Existing construction" may also be referred to as "existing structures". EXISTING MANUFACTURED HOME PARK OR SUBDIVISION A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is complete before the effective date of the floodplain management regulations adopted by a community. EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). FLOOD OR FLOODING A general and temporary condition of partial or complete inundation of normally dry land areas from: 1.

The overflow of inland or tidal waters.

2.

The unusual and rapid accumulation of runoff of surface waters from any source.

FLOOD ELEVATION DETERMINATION A determination by the Administrator of the water surface elevations of the base flood, that is, the flood level that has a one percent (1%) or greater chance of occurrence in any given year. FLOOD ELEVATION STUDY An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations. FLOOD HAZARD BOUNDARY MAP An Official Map of a community, issued by the Administrator, where the boundaries of the flood areas having special hazards have been designated as Zone A. FLOOD INSURANCE RATE MAP (FIRM) An Official Map of a community, on which the Flood Insurance Study has delineated both the Special Flood Hazard Boundaries and the zones establishing insurance rates applicable to the community. FLOOD INSURANCE STUDY The official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the Flood Boundary Floodway Map and the water surface elevation of the base flood. FLOODPLAIN OR FLOOD-PRONE AREA Any land area susceptible to being inundated by water from any source (see definition of "flooding"). http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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FLOODPLAIN MANAGEMENT The operation of an overlay program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations. FLOODPLAIN MANAGEMENT REGULATIONS Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinances, grading ordinances and erosion control ordinances) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. FLOODPROOFING Any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. FLOODWAY OR REGULATORY FLOODWAY The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. FLOODWAY ENCROACHMENT LINES The lines marking the limits of floodways on Federal, State, and local floodplain maps. FLOODWAY FRINGE That area of the floodplain, outside of the floodway, that on the average is likely to be flooded once every one hundred (100) years (i.e., that has a one percent (1%) chance of flood occurrence in any one (1) year). FREEBOARD A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, clogged bridge openings, and they hydrological effect of urbanization of the watershed. FUNCTIONALLY DEPENDENT USE The use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. This term includes only docking facilities, port facilities that are necessary for the loading and unloading of passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. HIGHEST ADJACENT GRADE The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. HISTORIC STRUCTURE Any structure that is: 1.

Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

2.

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;


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3.

Individually listed on a State inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

4.

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: a.

By an approved State program as determined by the Secretary of the Interior, or

b.

Directly by the Secretary of the Interior in states without approved programs.

LEVEE A man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. LEVEE SYSTEM A flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. LOWEST FLOOR The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this Chapter. MANUFACTURED HOME A structure, transportable in one (1) or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include "recreational vehicle". MANUFACTURED HOME PARK OR SUBDIVISION A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale. MAP The Flood Hazard Boundary Map (FHBM) or the Flood Insurance Rate Map (FIRM) for a community issued by the Agency. MEAN SEA LEVEL For the purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. NEW CONSTRUCTION For the purpose of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of the floodplain management regulation adopted by a community and including any subsequent improvements to such structures. NEW MANUFACTURED HOME PARK OR SUBDIVISION A manufactured home park or subdivision for which the construction of facilities for servicing the lot on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by the community. ONE HUNDRED (100) YEAR FLOOD See "base flood". OVERLAY DISTRICT A district in which additional requirements act in conjunction with the underlying Zoning District(s). The original Zoning District designation does not change. PARTICIPATING COMMUNITY See "eligible community". PERSON Includes any individual or group of individuals, corporation, partnership, association, or any other entity, including State and local governments and agencies. PRINCIPALLY ABOVE GROUND That at least fifty-one percent (51%) of the actual cash value of the structure, less land value, is above ground. RECREATIONAL VEHICLE A vehicle that is: 1.

Built on a single chassis.

2.

Four hundred (400) square feet or less when measured at the largest horizontal projections.

3.

Designed to be self-propelled or permanently towable by a light duty truck.

4.

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

REGULATORY FLOOD See "base flood". REGULATORY FLOODWAY See "floodway". REMEDY A VIOLATION To bring the structure or other development into compliance with State or local floodplain management regulations. SHEET FLOW AREA See "area of shallow flooding". SPECIAL FLOOD HAZARD AREA See "area of special flood hazard". SPECIAL HAZARD AREA An area having special flood hazards and shown on an FHBM or FIRM as Zone A, AO, A1-30, AE, A99, or AH. START OF CONSTRUCTION (For other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348) includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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placement, or other improvement was within one hundred eighty (180) days of the permit date. The actual start means the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. STATE COORDINATING AGENCY The agency of the State, or other office designated by the Governor of the State or by State Statute at the request of the Administrator to assist in the implementation of the National Flood Insurance Program in that State. STRUCTURE A walled and roofed building that is principally above ground, as well as a manufactured home, and a gas or liquid storage tank that is principally above ground. SUBSTANTIAL DAMAGE Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred. SUBSTANTIAL IMPROVEMENT Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before "start of construction" of the improvement. This includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either: 1.

Any project for improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or

2.

Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure".

VARIANCE A grant of relief to a person from the requirements of this Chapter which permits construction in a manner otherwise prohibited by this Chapter where specific enforcement would result in unnecessary hardship. VIOLATION The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required by this Chapter is presumed to be in violation until such time as that documentation is provided. WATER SURFACE ELEVATION The height in relation to the National Geodetic Vertical Datum of 1929, or other datum, where specified, of floods of various magnitudes and frequencies in the floodplains of riverine areas.

Section 410.190. Additional Standards Recommended by the FEMA Region VII. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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[Ord. No. 519 §410.2100, 7-24-1995] A.

The following are additional standards recommended by the regional office. While more stringent than the minimum standards of the National Flood Insurance Program, they will greatly reduce the potential for significant flood damages in the future. 1.

2.

Non-conforming use. A structure or the use of a structure or premises which was lawful before the passage or amendment of this Chapter, but which is not in conformity with the provisions of this Chapter may be continued subject to the following conditions: a.

If such use is discontinued for twelve (12) consecutive months, any future use of the building premises shall conform to this Chapter. The Utility Department shall notify the Enforcement Official in writing of instances of non-conforming uses where utility services have been discontinued for a period of twelve (12) months.

b.

If any non-conforming use or structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is more than fifty percent (50%) of the market value of the structure before the damage occurred except that if it is reconstructed in conformity with the provisions of this Chapter. This limitation does not include the cost of any alteration to comply with existing State or local health, sanitary, building, or safety codes or regulations or the cost of any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

c.

A structure may be improved (remodeled or enlarged) without conforming to current requirements for elevation so long as the cumulative value of all work done within the last five (5) calendar years does not exceed fifty percent (50%) of the structure's current market value. If the cumulative value of the improvement does exceed fifty percent (50%) of the structure's current market value, the structure must be brought into compliance with Section 410.070. A structure which requires elevation of residential structures to or above the base flood elevation or the elevation/floodproofing of non-residential structures to or above the base flood elevation.

Critical facilities. a.

All new or substantially improved critical non-residential facilities including, but not limited to, governmental buildings, police stations, fire stations, hospitals, orphanages, penal institutions, communications centers, water and sewer pumping stations, water and sewer treatment facilities, community centers, transportation maintenance facilities, places of public assembly, emergency aviation facilities, and schools shall be elevated above the elevation of the five hundred (500) year flood or together with attendant utility and sanitary facilities, be floodproofed so that below such a level the structure is water tight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this Subsection are satisfied. Such certification shall be provided to the official as set forth in Section 410.050.

b.

All critical facilities shall have access routes which are above the elevation of the five hundred (500) year flood.

c.

No critical facilities shall be constructed in the floodway.

3.

Hazardous materials. All hazardous material storage and handling sites shall be located out of the Special Flood Hazard Area.

4.

Freeboard recommendation.


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a.

Residential. Section 410.070(1)(a) contains elevation requirement for residential development. The minimum requirement, except where State law has a more stringent requirement, is for elevation to the base flood elevation. It is recommended that communities require at least an additional one (1) foot of elevation. This will reduce the flood insurance premiums for residents and provide an additional measure of safety.

b.

Non-residential. Section 410.070(1)(b) contains elevation requirements for non-residential development. The minimum requirement, except where State law has a more stringent requirement, is for elevation or floodproofing to the base flood elevation. It is recommended that communities require at least an additional one (1) foot of elevation. This will reduce the flood insurance premiums for residents and provide an additional measure of safety. This is especially true when a non-residential structure is floodproofed. Unless the floodproofed structure is floodproofed to one (1) foot above the base flood elevation, the flood insurance is rated at below base flood elevation.

Chapter 415. Sign Regulations Section 415.010. Permit Required. [CC §21.11; Ord. No. 237, 2-18-1985; Ord. No. 338, 5-16-1988] Any person, firm or corporation desiring to post bills or to erect and maintain commercial signs, signboards or billboards or to paint any sign on the sides of commercial buildings in the City of St. John subject to any exceptions herein, shall first make written application to the Building Inspector for a building permit for which a fee of one dollar ($1.00) per square foot of facing shall be paid for any sign, billboard or signboard. Said building permit fee shall be paid only on the erection of a new sign or the alteration of a previously approved sign.

Section 415.020. License Fee Payable. [CC §21.12; Ord. No. 38, 2-3-1975; Ord. No. 237, 2-18-1985; Ord. No. 338, 5-16-1988] A.

On approval of said application by the Building Inspector or his Deputy, the applicant, subject to any exception herein shall pay to the City of St. John, in addition to said permit fee, an annual license charge which shall be computed on the basis of one dollar ($1.00) per square foot of facing or fraction thereof contained in said sign, sign board, bill, billboard or painted sign. When any sign becomes objectionable it shall be removed at the direction of the Building Inspector.

B.

The license charge as set out in Subsection (A) hereof shall also be applicable to all signs erected prior to this Article within the City of St. John.

Section 415.030. Business License Required — When. [CC §21.13; Ord. No. 38, 2-3-1975; Ord. No. 237, 2-18-1985; Ord. No. 338, 5-16-1988; Ord. No. 765 §5, 5-19-2003] In addition to the above set forth license fee and inspection fee, any person, firm or corporation except charitable, benevolent and religions associations and fraternal and non-profit corporations, engaged in the business of erecting and displaying billboards or sign boards and not otherwise engaged in any business in the City of St. John wherein a business license is required, shall obtain a business license and pay the minimum retail business license fee. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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Section 415.040. Merchant's Advertising. [CC §21.14; Ord. No. 38, 2-3-1975; Ord. No. 237, 2-18-1985] Any person, firm or corporation having a business license and operating as a merchant in the City of St. John may erect a sign or signs on the building or buildings occupied by his business or on the premises or lot adjacent thereto, advertising his business or products and shall not be required to pay the license fee as required in Section 415.020 hereof, unless he shall erect a sign or combination of signs erected by said merchant exceeds one hundred (100) square feet in area, he shall be required to pay the full license fee as set forth in Section 415.020 hereof, provided however, that no merchant as above set forth shall be required to pay the aforementioned license fee for any sign attached to or painted on the front display window of the building or buildings in which said merchant conducts his business. Nothing in this Section shall relieve any merchant of the duty of making application for a permit to erect a sign of any size in the City and paying the application fee therefor.

Section 415.050. Charitable Organizations Exempt. [CC §21.15; Ord. No. 38, 2-3-1975; Ord. No. 237, 2-18-1985] All charitable, benevolent, religious association, fraternal and not for profit associations as registered or recognized by the State of Missouri posting, erecting and maintaining signs, bills, signboards and billboards of their own organization and not containing advertising of any other person or persons, firm or corporation shall make application as stated herein but are exempt from payment of all fees charged herein.

Section 415.060. Off-Premise Advertising Signs. [CC §21.17; Ord. No. 202, 4-19-1982; Ord. No. 237, 2-18-1985] All applications for any off-premises advertising sign shall be processed under Section 400.320 of this Code.

Section 415.070. Permits for Projecting Signs. [CC §21.18; Ord. No. 217, 2-23-1983; Ord. No. 237, 2-18-1985; Ord. No. 344, 8-1-1988] A.

There shall be no more than one (1) attached business sign used in connection with any permitted business. Each such business sign may be a maximum of eighty (80) square feet in outline area. However, a building which is occupied by only one (1) business, or only (1) business above the first (1st) floor may have an attached business sign on each wall facing the public street, provided that such wall exceeds four hundred (400) square feet in total area; and further provided that each such sign shall not exceed one hundred fifty (150) square feet per facing or five percent (5%) of the area of the wall on which it is attached, whichever is greater.

B.

Only one (1) free-standing business sign relating to articles and services offered within the building or identifying the building or land use, may be erected within the building line. A building or land use located on more than one (1) public street right-of-way may have a free-standing business sign located facing each such street. Free standing business signs shall not exceed eighty (80) square feet in outline area per facing, or fifteen (15) feet in width, and shall not be closer than fifteen (15) feet to any other sign. Any free-standing or attached business sign that exceeds eighty (80) square feet shall be required to get approval of the City Council under conditions and requirements of the special use permit.

C.

Temporary business signs shall be limited to one (1) business sign per individual business. A new


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business may have one (1) temporary sign for a maximum of sixty (60) consecutive days only in one (1) calendar year. An existing business may have one (1) temporary business sign for not more than three (3) separate periods in a calendar year. Each period may not extend more than thirty (30) days with a total of ninety (90) days in one (1) calendar year. Temporary signs shall not exceed sixty (60) square feet and not exceed six (6) feet in height. Temporary signs shall not be displayed on public property, right-of-way, sidewalks or streets. A permit fee of five dollars ($5.00) shall be paid to the City of St. John for each separate period for which a temporary business sign permit is granted. Nothing in this Section shall limit the number of message changes allowed on the temporary business sign in any one period. D.

There shall be no more than one (1) projecting sign used in connection with any permitted business. Each business sign may be a maximum of fifteen (15) square feet in outline area. No sign or part thereof or walkway shall be erected less than ten (10) feet measured vertically above any part of said sidewalk or walkway. A projecting sign may not project out from the building more than four (4) feet. Projecting signs will only be allowed where no area is available for a pole-type sign.

E.

No sign, other than those listed in Subsection (A) of this Section shall be erected, constructed, posted, painted, altered or relocated, except as provided in this Section, until a permit has been approved by the Director of Public Works or the Building Inspector. Before any permit is issued, an application, forms of which are provided by the Director of Public Works, together with a sign plan containing such drawings and specifications as may be necessary to fully advise and acquaint the Director of Public Works with the location, construction, materials, manner of illuminating, and securing or fastening and the wording and/or delineation to be carried on the sign. Installation permits for signs that have been granted a variance of the sign ordinances must be approved by the City Council.

Building and Construction Chapter 500. Adoption of County Codes Section 500.010. Adoption of Certain Codes of St. Louis County, Missouri. [CC §29.25; Ord. No. 274, 8-18-1986; Ord. No. 523 §§1 — 2, 8-21-1995; Ord. No. 596 §§1 — 2, 2-2-1998; Ord. No. 619 §1, 11-2-1998; Ord. No. 670 §1, 8-21-2000; Ord. No. 694 §1, 4-16-2001; Ord. No. 781 §1, 12-15-2003; Ord. No. 834 §1, 8-1-2005; Ord. No. 872 §1, 10-16-2006; Ord. No. 952 §1, 10-4-2010] The St. Louis County Electrical, Mechanical and Plumbing Codes are hereby adopted as amended by St. Louis County on July 14, 2010 (County Ordinance 24439), July 14, 2010 (County Ordinance 24438) and July 14, 2010 (County Ordinance 24441), respectively, as if fully set out herein.

Section 500.020. Codes to Be Enforced by County. [CC §29.10; Ord. No. 275, 8-18-1986; Ord. No. 519 §§1, 3, 8-21-1995; Ord. No. 596 §3, 2-2-1998] The City Manager on behalf of the Council of the City of St. John, Missouri, is hereby authorized to enter into an agreement with St. Louis County, Missouri, for the enforcement of the Mechanical, Building (as pertains to elevators only), Electrical, Explosives and Plumbing Codes of the City of St. John. A copy of said agreement is on file in the City offices.


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Section 500.030. Division of Fees. [CC §29.11; Ord. No. 275, 8-18-1986] All fees for permits and inspections as stated above shall be collected by the Office of Public Works of St. Louis County, Missouri.

Section 500.040. Penalty. [Ord. No. 1014 §1, 7-15-2013] Any person, firm or business entity who shall violate any of the provisions of this Chapter shall, upon conviction be fined an amount not to exceed one thousand dollars ($1,000.00) for each violation, or imprisonment for ninety (90) days, or by both such fine and imprisonment. Each day such violation exists shall be a separate offense.

Chapter 505. Building Code Article I. General Provisions Section 505.010. Adoption of Building Code. [CC §24.01; Ord. No. 38, 2-3-1975; Ord. No. 359 §1, 4-3-1989; Ord. No. 492 §1, 6-20-1994; Ord. No. 817 §§1 — 2, 12-20-2004; Ord. No. 825 §1, 3-21-2005; Ord. No. 830 §1, 5-16-2005; Ord. No. 861 §1, 6-19-2006; Ord. No. 987 §1, 7-2-2012] A.

The International Building Code, 2003 Edition, including Appendix Chapters F, G and J, as published by the International Code Council is hereby adopted as the Building Code for the City of St. John in order to provide the standards for supplied utilities and facilities and other physical elements, components and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use.

B.

The following Sections are hereby amended: Section 101.1 - Insert: City of St. John. Section 105.2 - Add paragraph 14 which shall read as follows: Window replacement in which the structural framing opening is not altered in any way. Chapter 34 is omitted in its entirety. Section 1905.7 - Add paragraph 8 which will read as follows: A base course of 4" of tamped gravel (1.5" minus) is required under all concrete flatwork. Chapter 7 — Fire Resistance Rated Construction shall not apply to portable carport structures.

Section 505.020. State and Municipality Construed. [CC §24.02; Ord. No. 38, 2-3-1975] Whenever the word "State" and "Municipality" appear on said documents, the same shall be construed to mean "State of Missouri" and "City of St. John", respectively.


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Section 505.030. Right of Appeal — Permit Fees. [CC §24.03; Ord. No. 339, 6-6-1988; Ord. No. 905 §§1 — 2, 5-19-2008] A.

Application for Appeal. The owner of a building or structure, or any other person, may appeal from a decision of the Building Official refusing to grant a modification of the provisions of the Building Code covering the manner of construction or materials to be used in the erection, alteration, or repair of a building or structure to the Board of Adjustment. Application for appeal may be made when it is claimed that the true intent of the Building Code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of the Building Code do not fully apply or an equally good or better form of construction can be used, or when philosophies are not covered by this Code, or if deviation from the provisions of this Code would not be impractical.

B.

Building Permit Fees. All building permits shall be assessed a twenty-five dollar ($25.00) minimum fee, with an additional five dollars ($5.00) for each one thousand dollars ($1,000.00) or fraction thereof of construction costs and five dollars ($5.00) for each required inspection. In addition, the applicant shall be required to provide a cash performance bond in the amount of ten percent (10%) of the total project cost or one hundred dollars ($100.00), whichever is greater, which will be returned to applicant at the completion of the project and upon submitting proof of obtaining all required inspections.

C.

Commercial Occupancy Permit Inspection Fee. 1.

If unoccupied prior to inspection, the fee for a commercial occupancy permit shall be seventy-five dollars ($75.00) for the first five thousand (5,000) square feet of floor space and five dollars ($5.00) for each additional one thousand (1,000) square feet or portion thereof. This fee covers the initial inspection, one (1) reinspection and the occupancy permit. There will be a charge of seventy-five dollars ($75.00) for each additional two (2) reinspections, if needed.

2.

If a person, firm or corporation has occupied a vacant building prior to obtaining an occupancy permit, the fee for an occupancy inspection shall be one hundred fifty dollars ($150.00) for the first five thousand (5,000) square feet of floor space, plus five dollars ($5.00) for each additional one thousand (1,000) square feet or portion thereof. This fee covers the initial inspection, one (1) reinspection and the occupancy permit. There will be a charge of one hundred fifty dollars ($150.00) for each additional two (2) reinspections, if needed.

Section 505.040. Penalties. [CC §24.27; Ord. No. 38, 2-3-1975; Ord. No. 1014 §1, 7-15-2013] Any person, firm or corporation violating any of the provisions of this Article shall be deemed guilty of a misdemeanor and shall be subject to a fine of not less than five dollars ($5.00) nor more than one thousand dollars ($1,000.00), or imprisonment for ninety (90) days, or by both such fine and imprisonment. Each day's violation shall be considered a separate offense and a misdemeanor.

Article II. Miscellaneous Provisions Section 505.050. Construction and Maintenance of Swimming Pools. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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[CC §24.29; Ord. No. 265, 8-16-1986; Ord. No. 1032 §1, 3-17-2014] A.

Requirement of Permit. Prior to the construction of any swimming pool within the City of St. John, the person or persons proposing such construction must apply for and obtain from the Department of Public Works a permit for construction, after first filing an application which must include a written plan of the location of the pool. The Department of Public Works shall then issue a permit for the construction of said pool and shall thereafter perform on-site inspection after completion so that said pool complies with this Article. The aforesaid permit shall be issued for a fee of five dollars ($5.00).

B.

Location. Private swimming pools shall not encroach on any front or side yards. A wall of a swimming pool shall not be located less than six (6) feet from any rear or side property line or ten (10) feet from any residence and street property line. Swimming pools shall not be installed within the required setback distance required by Union Electric for overhead electric wires.

C.

Drainage Systems. The swimming pool and equipment shall be equipped to be completely emptied of water and the discharge of water shall be disposed of in a manner that will not create a nuisance to adjoining property.

D.

Accessories. The swimming pool accessories shall be designed, constructed, and installed so as not to be a safety hazard. Installations or structures for diving purposes shall be properly anchored to insure stability, and properly designed and located for maximum security.

E.

Swimming Pool Safety Devices. Every person owning land on which there is situated a swimming pool, which contains twenty-four (24) inches or more of water in depth at any point, shall erect and maintain thereon an adequate enclosure either surrounding the property or pool area, sufficient to make such body of water inaccessible to small children. Such enclosure, including gates therein, must be not less than forty-eight (48) inches above the underlying ground or otherwise made inaccessible from the outside to small children.

F.

Other protective devices approved by the Department of Public Works may be used so long as the degree of protection afforded by the substituted devices are not less than the protection afforded by the enclosure, gate and latch described herein.

Section 505.055. Guardrail Construction. [Ord. No. 967 §1, 9-19-2011] All guardrails on a porch must be of the same construction. No person shall construct, place or exhibit a guardrail that is not made out of the same material as all other guardrail(s) on the same porch. No guardrails, or portion thereof, may be constructed out of PVC piping.

Section 505.060. Board-Up Procedures and Regulation of Circulated Printed Material. [CC §24.30; Ord. No. 297, 7-20-1987] A.

Definitions. The following words when used in this Section shall have the meanings set out below: BOARD-UP The act of covering a window, door or other orifice with material other than stone, brick, siding, clapboard or exterior covering which is similar to and harmonious with the existing wall or facade of any commercial or residential structure and, particularly, but not limited to, the covering of any door, window or other orifice with plywood.


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CIRCULATED PRINTED MATERIAL Any newspaper (whether paid for or circulated without charge), advertising circulars, political circulars or any other object containing the printed word or pictures which is placed on any premises by a person or organization other than the owner or occupier thereof. GLASS Any type of plate, thermal, tinted or stained glass which is affixed in a window, door or other orifice and which is used to create a barrier between the inside and outside of a structure used for commercial or residential purposes. B.

No owner or occupier of any commercial or residential structure within the City of St. John shall board-up, or allow to be boarded-up, any window, door or other orifice, or the glass contained therein, on a commercial or residential building for a period of more than five (5) days. Residential structures may be boarded-up for periods exceeding five (5) days if and only if a special permit is issued by the Director of Public Works on an application submitted for that purpose. Under no circumstances shall any structure be boarded up for more than ninety (90) days.

C.

No owner or occupier of any commercial or residential structure within the City of St. John shall allow circulated printed material to accumulate outside of and on the premises of any said structure. For purposes of enforcement of this Article, owner and/or occupier of said structure and the surrounding premises shall be guilty of a violation hereof if more than five (5) pieces of circulated written material accumulate at one time. The entire edition of any newspaper, rather than each page thereof, shall constitute one (1) piece of circulated printed material. The additional accumulation of each said piece of circulated printed material beyond the five (5) piece limit stated above shall be deemed a separate violation.

Section 505.070. through Section 505.073. (Reserved) [1]:

Editor's Note: Former Sections 505.070, Antennas — Definitions, as adopted and amended by Ord. No. 530 §1, 11-20-1995; 505.071, Building Permit Required, as adopted and amended by Ord. No. 530 §1, 11-20-1995; 505.072, Existing Antenna Structure, as adopted and amended by Ord. No. 530 §1, 11-20-1995; and 505.073, Applicability of Building Code, as adopted and amended by Ord. No. 530 §1, 11-20-1995, were repealed 7-12013 by Ord. No. 1010 §1.

Section 505.080. Address on Buildings, Commercial and Residential. [CC §21.05; Ord. No. 191, 7-2-1981] A.

All commercial buildings located within the City limits of the City of St. John shall have affixed thereto an address, which said address shall contain numbers of a minimum height of four (4) inches, and a maximum height of eight (8) inches, and the said number shall be placed at a minimum of three (3) feet from the ground at such location on the commercial buildings or property so as to be clearly visible from the street or from a thoroughfare located on said property.

B.

All residential property located within the corporate limits of the City of St. John shall have affixed thereto address numbers of a minimum height of four (4) inches, and said number shall be clearly visible from the street or thoroughfare passing in front of said residence. [Ord. No. 1033 §1, 3-17-2014]


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Section 505.085. Annual Assessment for Cost of Repairs to Defective Lateral Sewer Service Lines. [Ord. No. 629 §§1 — 3, 1-4-1999] A.

There is hereby assessed the sum of twenty-eight dollars ($28.00) annually on all residential property within the City of St. John to provide funds to pay the cost of certain repairs of defective sewer lines serving such dwelling units. Nothing herein shall prevent the City from reducing said assessment when it determines that a lesser amount shall provide sufficient revenues to pay the authorized costs under the City's Sewer Lateral Repair Policy. Any such reduction shall be by ordinance.

B.

The assessment shall be billed and collected annually in such manner as shall be deemed reasonable and appropriate by the City Manager subject to approval by the City Council. When the St. Louis County Collector is willing to collect said fee, arrangements shall be made with the Collector to add such assessment to the general tax bills issued to the parties liable for said assessment.

C.

All revenues from the assessment, including any interest generated therefrom, shall be used only for the purpose of reimbursing the owners of residential properties subject to said assessment for the repair of defective sewer service lines serving such property in accordance with the City of St. John Sewer Lateral Repair Policy and for the fees incurred by the City for billing and collecting the assessment.

Section 505.087. Portable Carport Structures. [Ord. No. 974 §1, 11-21-2011] A.

Definitions. As used in this Section, the following terms shall have these prescribed meanings: EXISTING PORTABLE CARPORT STRUCTURE Any portable carport as defined in the following paragraph in existence on the date of the passage of this Section. PORTABLE CARPORT STRUCTURE A prefabricated structure which is either delivered assembled or in parts to be assembled on site and to be used primarily for shelter of cars, trucks, motorcycles, trailers, boats, recreational vehicles or outside storage of any kind.

B.

Any person, firm, or corporation installing or assembling a portable carport structure in the City of St. John must first acquire a building permit from the City, which permit application shall include a complete set of manufacturer's installation instructions for said portable carport structure.

C.

Portable carport structures with plastic framing and cloth, fabric or plastic roof or sides shall be prohibited in the City of St. John.

Article III. Enforcement Section 505.090. City Manager — Responsibilities. [CC §21.7-4; Ord. No. 319, 2-16-1988] http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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The City Manager hereby is authorized and directed to enforce all of the provisions of this Code and all other Ordinances of the City of St. John now in force or hereafter adopted, relating to Flood, Zoning, Subdivisions or Building Code.

Chapter 510. Dangerous Buildings/Public Nuisance Section 510.010. Purpose of Chapter. [CC §24.28] The purpose of this Chapter is to provide for vacation and the mandatory demolition of buildings and structures or mandatory repairs and maintenance of buildings and structures within the City of St. John which are detrimental to the health, safety or welfare of its residents and which are declared to be a public nuisance.

Section 510.020. Dangerous Buildings/Public Nuisances — Defined. [CC §24.28] A.

All buildings or structures which have any or all of the following defects shall be deemed "dangerous buildings/public nuisances": 1.

Those whose interior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base.

2.

Those which, exclusive of the foundation, show thirty-three percent (33%) or more damage or deterioration of the supporting member or members, or fifty percent (50%) damage or deterioration of the non-supporting enclosing or outside walls or covering.

3.

Those which have improperly distributed loads upon the floors or roofs or in which the same are overloaded, or which have insufficient strength to be reasonably safe for the purpose used.

4.

Those which have been damaged by fire, wind or other causes so as to become dangerous to life, safety, morals or the general health and welfare of the occupants or the people of the City of St. John.

5.

Those which are so dilapidated, decayed, unsafe, unsanitary or which so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation, or are likely to cause sickness or disease, so as to work injury to the health, morals, safety or general welfare of those occupying such building.

6.

Those having light, air and sanitation facilities which are inadequate to protect the health, morals, safety or general welfare of human beings who live or may live therein.

7.

Those having inadequate facilities for egress in case of fire or panic or those having insufficient stairways, fire escapes, elevators, or other means of conjugation.

8.

Those which have parts thereof which are so attached that they may fall and injure members of the public or property.


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9.

Those which, because of their condition, are unsafe, unsanitary, or dangerous to the health, morals, safety or general welfare of the people of the City.

10. Those buildings existing in violation of any provisions of the Building Code, the Fire Prevention Code or other ordinances of the City.

Section 510.030. Dangerous Buildings Declared Nuisance. [CC §24.28] All "dangerous buildings/public nuisances" within the terms of this Chapter are hereby declared to be public nuisances, and shall be repaired, reconditioned, vacated and repaired, or vacated and demolished as hereinbefore and hereinafter provided.

Section 510.040. Emergencies. [CC §24.28] In cases where it reasonably appears that there is immediate danger to the health, life or safety of any person unless a "dangerous buildings/public nuisance", as defined herein, is immediately repaired, vacated and repaired or vacated and demolished, the Director of Public Works shall report such facts to the City Manager and he shall cause the immediate repair, vacation or demolition of such "dangerous buildings/public nuisances". The cost of such emergency repair, vacation or demolition of such "dangerous buildings/public nuisances" shall be collected in the same manner as provided herein.

Section 510.050. Standards for Repair, Vacation or Demolition. [CC §24.28] A.

The following standards shall be followed in substance by the Director of Public Works in ordering repair, vacation or demolition: 1.

If the "dangerous buildings/public nuisance" can reasonably be repaired so that it will no longer exist in violation of the terms of this Chapter, it shall be ordered repaired.

2.

If the "dangerous buildings/public nuisance" is in such condition as to make it dangerous to the health, morals, safety or general welfare of its occupants, it shall be ordered to be vacated.

3.

In any case where a "dangerous buildings/public nuisance" is fifty percent (50%) damaged, decayed or deteriorated, it shall be repaired or demolished. In all cases where a building cannot be repaired so that it will no longer exist in violation of the terms of this Chapter or any ordinance of this City or Statute of the State of Missouri, it shall be demolished.

Section 510.060. Duty to Report Dangerous Buildings/Public Nuisances. [CC §24.28] It shall be the duty of all City employees to make a report in writing to the Director of Public Works or to http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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the City Manager, of all buildings or structures which they believe are, or are suspected to be "dangerous buildings/public nuisances" within the terms of this Chapter. Such reports are to be made within a reasonable time after the discovery of such buildings or structures.

Section 510.070. Duties of the Director of Public Works. [CC §24.28] A.

The Director of Public Works shall: 1.

Inspect or cause to be inspected as often as may be necessary, all residential, institutional, assembly, or commercial, industrial, garage, special or miscellaneous occupancy buildings for the purpose of determining whether any conditions exist which render such places "dangerous buildings/public nuisances" within the terms herein.

2.

Inspect any building, wall or structure about which complaints are filed by any person to the effect that a building, wall or structure is or may be existing in violation of this Chapter.

3.

Inspect any building, wall or structure reported (as hereinabove provided for) by the Fire, Health or Police Departments of this City as probably existing in violation of the terms of this Chapter.

4.

Notify in writing the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in said building as shown by the land records of the Recorder of Deeds of St. Louis County where the land is located, of any building found by him to be a "dangerous buildings/public nuisance" within the standards set forth herein that: a.

The owner must vacate, repair, recondition or vacate and/or demolish said building in accordance with the terms of the notice and this Chapter;

b.

The occupant or lessee must vacate said building or may have it repaired in accordance with the notice and remain in possession;

c.

The mortgagee, agent or other persons having an interest in said building as shown by the land records of the Recorder of Deeds of St. Louis County where the land is located, may at his own risk, repair, vacate or demolish or have such work or act done; provided that any person notified under this Subsection to repair, recondition, vacate and repair or vacate and demolish any building shall be given such reasonable time to commence the work or act required by the notice provided herein. Said official shall specify, in writing, an additional notice of the date to which any extension is made. All notices herein shall be served either by personal service or certified mail, return receipt requested, but if service cannot be had by either of these modes of service, then service may be had by publication.

5.

Set forth in the notice, provided for in Subsection (4) hereof, a description of the building or structure deemed unsafe, a statement of the particulars which make the building or structure a "dangerous buildings/public nuisance", and an order requiring the same to be put in such condition as to comply with the terms of this Chapter within the time, or extension thereof, provided for above in Subsection (4).

6.

Report to the City Manager any non-compliance with the notice provided for in Subsections (4) and (5) hereof.

7.

Appear at all hearings and testify as to the conditions of "dangerous buildings/public nuisances".

8.

If the Director of Public Works completes inspection of a building and finds it to be inherently


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dangerous and, in his opinion, constitutes a nuisance per se, upon approval of such finding ex parte, by the City Manager, he/she shall place a notice on such building forthwith, reading as follows: "This building has been found to be a "dangerous buildings/public nuisance" by the Director of Public Works. This notice is to remain on this building until it is repaired, vacated and repaired or vacated and demolished in accordance with the notice which has been given the owner, occupant, lessee, mortgagee, or agent of this building, and all other persons having an interest in said building as shown by the land records of the Recorder of Deeds of St. Louis County where the land is located. It shall be unlawful to remove this notice until such notice is complied with". Provided however, the approval of said Director of Public Works and the posting of said notice shall not be construed to deprive all persons entitled thereto by this Chapter to the notice and hearing prescribed herein.

Section 510.080. Duties of City Manager. [CC §24.28] A.

The City Manager shall: 1.

Supervise all inspections required by this Chapter and cause the Director of Public Works to make inspections and perform all the duties required of the Director of Public Works by this Chapter. Upon receiving a complaint or report from any source that a "dangerous buildings/public nuisance" exists in this City, he shall cause an inspection to be made forthwith. If he deems it necessary to the performance of his duties and responsibilities imposed herein, he may request an inspection and report be made to him by either the Fire Department, the Police Departments, the Health Departments or by any other City Departments or may retain services of an expert whenever he deems such service necessary.

2.

Upon receipt of a report of the Director of Public Works as provided for in Section 510.070 hereof, give at least twenty-one (21) days written notice to the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in said building as shown by the land records of the Recorder, to appear before him on the date specified in the notice to show cause why the building or structure reported to be a "dangerous buildings/public nuisance" should not be repaired, reconditioned, vacated and repaired, or vacated and demolished in accordance with the statement of particulars set forth in the Director of Public Works' notice provided for herein.

3.

Hold a hearing and hear such testimony as the Director of Public Works or the owner, occupant, mortgagee, lessee or any other person having an interest in said building as shown by the land records of the Recorder of Deeds of St. Louis County where the land is located, shall offer relative to the "dangerous buildings/public nuisance".

4.

Make written findings of facts based upon competent and substantial evidence from the testimony offered pursuant to Subsection (3) hereinabove, as to whether or not the building in question is a "dangerous buildings/public nuisance".

5.

Issue an order upon findings of fact based upon competent and substantial evidence made pursuant to Subsection (4) hereinabove, commanding the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in said building as shown by the land records of the Recorder of Deeds of St. Louis County where the land is located, to repair, recondition, vacate and repair, or vacate and demolish any building found to be a "dangerous buildings/public nuisance" within the terms of this Chapter and provided that any person so notified shall have the privilege of either repairing or vacating said building, if such repair will comply with the ordinances of this


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City or the owner or any person having an interest in said building as shown by the land records of the Recorder of Deeds of St. Louis County where the land is located may vacate and demolish said "dangerous buildings/public nuisances" at his own risk to prevent the acquiring by the City of a lien against the land where the "dangerous buildings/public nuisance" stands, as provided in Subsection (6) herein. If the evidence does not support a finding that the building or structure is a nuisance or detrimental to the health, safety or welfare, no order shall be issued. 6.

If the owner, occupant, mortgagee, or lessee fails to comply with the order, or extension thereof, provided for in Subsection (5) hereof, within thirty (30) days, the City Manager shall cause such building or structure to be repaired, vacated and repaired, or vacated and demolished as the facts may warrant under the standards hereinbefore provided for, and the City Manager shall certify the charge for such repair, vacation or demolition to the County Treasurer as a special assessment, represented by a special tax bill against the real property affected and to be a personal debt against the owner until paid; said tax bill shall be a lien upon said property and be enforced to the same extent and in the same manner as all special tax bills, or assessments payable in one (1) installment; said assessments shall bear interest at the rate of eight percent (8%) per annum until paid, or, except as provided in Subsection (7) hereof if requested, the tax bill may be paid in installments, not to exceed ten (10). The tax bill from date of its issuance shall be deemed a person debt against the property owner and shall also be a lien on the property until paid.

7.

Insurance proceeds. a.

If there are proceeds of any insurance policy based upon a covered claim payment made for damage or loss to a building or other structure caused by or arising out of any fire, explosion, or other casualty loss, the ordinance may establish a procedure for the payment of up to ten percent (10%) of the insurance proceeds, as set forth in subdivisions (1) and (2) of this subsection. The ordinance shall apply only to a covered claim payment which is in excess of fifty percent of the face value of the policy covering a building or other structure: (1) The insurer shall withhold from the covered claim payment up to ten percent (10%) of the covered claim payment, and shall pay such moneys to the city to deposit into an interest-bearing account. Any named mortgagee on the insurance policy shall maintain priority over any obligation under the ordinance. (2) The City shall release the proceeds and any interest which has accrued on such proceeds received under Subdivision (1) of this Subsection to the insured or as the terms of the policy and endorsements thereto provide within thirty days after receipt of such insurance moneys, unless the city has instituted legal proceedings under the provisions of Subsection (6) of this Section. If the City has proceeded under the provisions of Subsection (6) of this Section, all moneys in excess of that necessary to comply with the provisions of Subsection (6) of this Section for the removal of the building or structure, less salvage value, shall be paid to the insured.

b.

This Subsection shall apply to fire, explosion, or other casualty loss claims arising on all buildings and structures.

c.

This Subsection does not make the City a party to any insurance contract, and the insurer is not liable to any party for any amount in excess of the proceeds otherwise payable under its insurance policy.

8.

Prosecute all persons failing to comply with the terms of the notices provided for in Section 510.070, Subsections (5) and (6), and the order provided for in this Section 510.080, Subsection (5).

9.

The City Manager may, where it reasonably appears that there is an immediate danger to the health, safety or welfare of any person, take emergency measures to vacate and repair or


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demolish such "dangerous buildings/public nuisance" or structure. The City Manager shall forward all copies of his action to the City Council's next regular meeting subsequent to such actions that shall be set forth in detail in such report.

Section 510.090. Appeal Must Be Authorized. A.

Interested parties as described in Subsection (3) of Section 67.410, RSMo., may appeal from the determination of the Building Inspector or officers to the Circuit Court as established in Sections 536.100 to 536.140, RSMo, if a proper record as defined in Section 536.130, RSMo, is maintained of the hearing provided by Subsection (3) of Section 510.080; otherwise, the appeal shall be made pursuant to the procedures provided by Section 536.150, RSMo.

B.

In any appeal as provided by this Section, any person who owns or occupies property located within one thousand two hundred (1,200) feet of the perimeter of the building or structure which is the subject of the suit shall be allowed to present evidence to the court on behalf of the City, of the condition of the building or structure, whether or not such person presented such evidence at the hearing provided by Subsection (3) of Section 510.080. The appellant before the court shall have the opportunity to cross-examine any such person presenting evidence to the court.

Section 510.100. Violations — Penalty for Disregarding Notice or Orders. [CC §24.28] A.

Any person having an interest in a "dangerous buildings/public nuisance" who shall fail to comply with any notice or order to repair, recondition, vacate or demolish said building given by any person authorized by this Chapter to give such notice or order shall be guilty of a misdemeanor and upon conviction thereof shall be punishable as set forth in Section 100.010.

B.

The occupant or lessee in possession who fails to comply with any notice to vacate, and anyone having an interest in said building as shown by the land records of the Recorder of Deeds of St. Louis County where the land lies, and under a legal duty to repair who fails to repair said building in accordance with any notice given, as provided for in this Chapter, shall be guilty of a misdemeanor and upon conviction thereof shall be punishable as set forth in Section 100.010.

C.

Any person removing the notice provided in Section 510.070 Subsection (8) thereof, shall be guilty of a misdemeanor and upon conviction shall be punishable as set forth in Section 100.010.

Chapter 515. Construction of Curbs and Sidewalks Section 515.010. Curbs and Road Bases — Required. [CC §25.01; Ord. No. 232, 8-20-1984] A.

Curbs and sidewalks shall be constructed and installed along the curb line of the lot upon which any new building is erected in the City of St. John; and in addition, there shall be installed a road base and finish surface between the new concrete curb and the existing road base.


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B.

The requirements are excepted in developed residential areas for the construction of curbs and sidewalks where there are no other curbs and sidewalks on the side of the street between intersecting streets on which the lot is located.

Section 515.020. Specification for Curbs and Sidewalks. [CC §25.02; Ord. No. 232, 8-20-1984] Curbs and sidewalks shall conform to the standards set forth in the Subdivision Code of the City of St. John and the requirements of the Director of Public Works. However, the City may choose to install curbs and sidewalks of an asphalt material where it is determined appropriate.

Section 515.030. Inspections. [CC §25.03; Ord. No. 232, 8-20-1984] A.

Inspections of curbs shall be made by the Director of Public Works: 1.

When the forms are set and ready for the concrete to be poured; and

2.

Again when the curbs are poured and the forms removed.

B.

Inspection of the road base sub-grade shall be made at the time of the inspection of the poured curbs. No construction shall be done until the preceding state in construction shall have been inspected and approved.

C.

The applicant shall pay the City of St. John a fee of one dollar fifty cents ($1.50) for each inspection or re-inspection made to determine compliance with the terms of this Chapter.

Section 515.040. Cash Deposit — Required. [CC §25.04; Ord. No. 232, 8-20-1984] Before any building permit shall be issued and before any construction shall be begun, the applicant shall deposit with the City of St. John, cash in the amount of one hundred percent (100%) of the estimated cost of installing the required curbs and road base, but not less than one hundred dollars ($100.00), which estimated cost shall be an amount approved by the Director of Public Works. Such cash deposit shall remain on deposit with the City for a period of six (6) months from the date of issuance of the building permit or until the curbs and road base have been installed and approved by the Director of Public Works. In the event the curbs and road base have not been installed within six (6) months from the date of the issuance of the building permit or in the event the curbs or road base do not meet City specifications, the City may use the cash deposit or any part thereof to install the curbs and road base or to correct the same so that they meet City specifications. The time permitted for installation of curbs and road base may be extended by the Director of Public Works for not more than three (3) months. Any part of the cash deposit not used in the construction or correction of the curbs and road base shall be returned to the applicant. If the cash deposit is insufficient to complete or correct the curbs and road base, the deficiency shall be paid to the City by the applicant.

Section 515.050. Driveway Apron and Approach Construction. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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[CC §25.05; Ord. No. 232, 8-20-1984] A.

All driveway aprons and approaches constructed on City property or street right of way within the City limits may be constructed of either portland cement, concrete, or asphaltic concrete material, if the construction of the street is of an asphaltic material. All existing driveways, aprons or driveway approaches may be constructed of the same material as presently existing, irrespective of the type of construction of the street; however, all new driveways, aprons and driveway approaches constructed on existing streets of portland cement or concrete must be constructed of portland cement or concrete materials.

B.

All persons, firms or corporations constructing any driveway, aprons or approaches must first obtain a permit from the City of St. John before construction, and an inspection made by the Director of Public Works before the area is surfaced, and in every instance, such driveway, apron or driveway approach or sidewalk shall not interfere with or obstruct the flow of storm water. All materials used, whether portland concrete cement or asphalt concrete material, shall meet the specifications set out by the Director of Public Works.

Section 515.060. Thickness Required. [CC §25.06; Ord. No. 232, 8-20-1984] The minimum thickness of all driveway aprons, curbs and sidewalks used as driveways shall be six (6) inches. Sidewalks used in other areas must be a minimum thickness of four (4) inches.

Section 515.070. Director of Public Works to Approve. [CC §25.07; Ord. No. 232, 8-20-1984] The design and grade of all driveway aprons, curbs and sidewalks and the concrete mix to be used are to be approved by the Director of Public Works prior to installation and issuance of permits for such work. All grades will be established by the Director of Public Works after a permit is issued. After completion of said work, it must be approved by the Director of Public Works before acceptance, and if not done in satisfactory workmanship manner, the Director of Public Works shall have the right to refuse said work and require replacement or reconstruction to meet the ordinary requirements.

Section 515.080. Existing Sidewalk Repair and Maintenance — Residential Areas. [CC §25.09; Ord. No. 232, 8-20-1984] All repair and maintenance of existing public sidewalks in residential areas shall be the responsibility of the City of St. John and shall be determined by the Annual Budget Capital Improvement Program.

Section 515.090. Petitions for New Sidewalk Construction — Residential Areas. [CC §25.11; Ord. No. 232, 8-20-1984] If any resident or group of residents within the corporate limits of the City of St. John petition the Council to construct curbs and sidewalks on their particular street or streets within the boundaries of intersecting http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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streets, and the petition contains the consent of eighty percent (80%) of all property owners to pay fifty percent (50%) of the cost of said project, then the City of St. John will commit from the Capital Improvements Fund the remaining fifty percent (50%) of the costs. If however, the petition does not contain the consent of twenty percent (20%) of the property owners on one side or both sides of a street within the boundaries of intersecting streets, then there must be a provision that they, or the property owners involved, agree to pay fifty percent (50%) of the total cost. The City shall not allocate any funds without prior agreement specified herein.

Section 515.100. New Sidewalk Construction for Infill Between Existing Sidewalks. [CC §25.12; Ord. No. 232, 8-20-1984] Requests for new sidewalks to be constructed between currently existing sidewalks shall be submitted to the Council of the City of St. John for approval in accordance with the Annual Budget Capital Improvement Program. The City of St. John shall pay fifty percent (50%) and the owner of the property shall pay fifty percent (50%) of all costs incurred.

Chapter 520. Property Maintenance Code Section 520.010. Title. [CC §42.08; Ord. No. 140, 4-2-1979] This Chapter shall be cited as Chapter 520, Property Maintenance Code of the City of St. John.

Section 520.020. Adoption of Property Maintenance Code. [CC §42.01; Ord. No. 360 §1, 4-3-1989; Ord. No. 600 §1, 3-16-1998; Ord. No. 698 §1, 7-2-2001; Ord. No. 760 §1, 4-7-2003; Ord. No. 761 §1, 4-7-2003; Ord. No. 921 §1, 11-3-2008; Ord. No. 967 §2, 9-19-2011; Ord. No. 972 §1, 1017-2011; Ord. No. 974 §2, 11-21-2011; Ord. No. 987 §2, 7-2-2012] A.

The City of St. John hereby adopts the 2000 International Property Maintenance Code as published by the Building Officials and Code Administrators International, Inc. (BOCA). Said Edition replaces all references to the 1987 Edition of the National Existing Structures Code as previously adopted. Said 2000 Edition is adopted, with the exception of Section PM-110 and PM-111 as previously delineated by ES-112.0 and ES-111.1 through ES-111.6. 1.

B.

The fire safety provisions of Section 703 "Fire Resistance Ratings" shall not apply to existing portable carport structures.

Prior To The Sale Or Rental Of Property. 1.

Prior to the sale or rental of property or the reissuance of any new occupancy permit for said building in a residential district, any building or residential structure utilizing natural gas as a source of energy shall have a valve capable of discontinuing the flow of natural gas into any gas appliance/device located between the main regulator valve and said appliance/device.

2.

Prior to the sale or rental of property or the reissuance of any new occupancy permit for said building in a residential district, any building or residential structure must have a ground fault


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circuit interrupt (GFCI) receptacle installed where any electrical receptacle is located within six (6) feet of any water service, spout or faucet. 3.

Prior to the sale or rental of property or the reissuance of any new occupancy permit for said building in a residential district, all residential structures must have a valve installed in a water line capable of discontinuing water service to any sink(s) or toilet(s). Said valve shall be located between the main shut-off valve to the residence and any other subsequent shut-off valve and the sink(s) or toilet(s).

4.

Prior to the sale or rental of property or the reissuance of any new occupancy permit for said building in a residential district, all residential structures must have rain gutters installed on the fascia board at all applicable areas.

5.

Prior to the sale or rental of property or the issuance of any new occupancy permit for said building in a residential district, any gravel driveway, non-continuous ribbon driveway or garden driveway must be paved by either concrete or asphalt. Prior to said paving, a permit must be issued by the Building Inspector of the City of St. John.

6.

Prior to the sale or rental of property or the issuance of any new occupancy permit for said building in a residential district, electrical service-drop conductors shall have ten (10) feet minimum clearance from final grade at the electric service entrance to the building and at the lowest point of the drip loop of the building electric entrance. Such clearance shall be measured from final grade or other accessible surfaces.

7.

Prior to the sale or rental of property or the issuance of any new occupancy permit for said building in a residential district, single- or multiple-station smoke detectors shall be installed and maintained at the following locations: a.

Within ten (10) feet of a bedroom;

b.

In all bedrooms;

c.

On every level of the residence.

8.

Prior to the sale or rental of property, or the issuance of any new occupancy permit for said building in a residential district, any existing guardrails that are not constructed of the same material as other guardrails on the same porch must be removed or replaced with matching one(s) of the same material.

9.

Prior to the sale of property in a residential district, any existing tree stump, located in the front yard, shall be removed at or below ground level.

10. Prior to the sale or rental of property in a residential district, or the issuance of any new occupancy permit, any existing portable carport structure not in compliance with this Section shall be brought into compliance or removed.

Section 520.023. Additions, Insertions and Changes. [Ord. No. 727 §1, 4-1-2002; Ord. No. 764 §1, 5-5-2003; Ord. No. 780 §1, 10-6-2003; Ord. No. 988 §§1 — 2, 8-62012] A.

The following Sections of said International Property Maintenance Code are hereby revised as follows: 1.

Section 101.1 Title. Insert the wording "City of St. John, Missouri".

2.

Section 103.6 Fees. Insert the wording "shall be as indicated in the Municipal Code of the City of St.


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John". 3.

Section 303.14 Insect Screens. Insert the dates "May 1" and "November 1" respectively.

4.

Section 602.3 Heat Supply. Insert the dates "September 1" and "May 1" respectively.

5.

Section 602.4 Occupiable Work Spaces. Insert the dates "September 1" and "May 1" respectively.

6.

Section 604.2 is amended by deleting "60 amperes" and replacing with "100 amperes".

7.

Section 703 "Fire Resistance Ratings" shall not apply to existing garages located in the basement of a residential structure.

Section 520.025. Driveway Maintenance. [Ord. No. 620 §§1 — 2, 11-2-1998] A.

It shall be unlawful for any person, firm or corporation to allow the growth of any grass, weeds or deleterious growths or other matter to grow on any driveway which has been improved with any rock, gravel, limestone or other rock-like substance. Said driveway shall always be kept in good repair so as to designate same as a useable driveway.

B.

Any person, firm or corporation who violates the provisions of this Section shall be subject to the penalties prescribed in Section 100.010 of the Municipal Code of the City of St. John.

Section 520.026. Yard Maintenance. [Ord. No. 759 §§1 — 2, 3-17-2003] A.

Any person, firm or corporation who owns, leases or rents real property within the City of St. John, whereby a house is constructed on said property, must maintain yard areas with a ground cover consisting mostly of growing grass or cultivated ground cover, which may be supplemented by the use of landscaping timbers, decorative rocks, mulch and plants.

B.

Any person, firm or corporation who violates the provisions of this Section, shall be subject to the provisions prescribed in Section 100.010 of the Municipal Code of the City of St. John.

Section 520.027. Removal of Derelict or Junk Vehicle From Private Property. [Ord. No. 929 §1, 4-20-2009] A.

Whenever the Police or Public Works Department determine that a vehicle which is parked or stored on private property, in a driveway or not within a fully enclosed building and if the vehicle is inoperable or in violation of State vehicle safety Statutes or does not have current State license plates issued to that vehicle displayed therein, the Police or Public Works Department may order the vehicle removed, to a place of safety, in accordance with Section 520.028 herein.

B.

Any vehicle subject to removal under this Section is a public nuisance.

C.

The operator and owner of any vehicle subject to removal under Subsection (A) of this Section shall


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be in violation of this Section and subject to prosecution therefore. D.

The owner of any vehicle subject to removal under Subsection (A) of this Section, and the owner and possessor of the private property the vehicle is on, shall be in violation of this Section and subject to prosecution therefore.

E.

The operator, owner or possessor of any vehicle subject to removal under Subsection (A) of this Section shall be responsible for payment of all removal and storage costs.

F.

Any vehicle subject to removal under this Section shall not be removed until the seven (7) day period in which to request a removal hearing is held and the City Manager or designee authorizes removal.

G.

The authority granted in this Section is in addition to any authority the Police or the Public Works Department may have under the law.

Section 520.028. Notice of Removal of Vehicle From Private Property. [Ord. No. 929 §2, 4-20-2009] A.

B.

Whenever a vehicle is subject to removal pursuant to Section 520.027(A), the department seeking removal shall provide notice to the registered owner of the vehicle, if ascertainable, and/or to the owner/possessor of the private property. The notice shall provide the following information: 1.

A description of the vehicle; and

2.

The location of the vehicle; and

3.

That the vehicle is subject to removal and the reason therefore; and

4.

The right to a hearing before removal and the right to be represented by counsel at the hearing; and

5.

The procedure for obtaining a hearing; and

6.

That the vehicle will be removed by the department seeking removal at a hearing if not timely requested pursuant to Section 520.029 of this Chapter.

Notice shall be mailed or delivered in some manner reasonably calculated to reach the person entitled to notice, if the name and address of the person entitled to notice is ascertainable. Notice will also be posted on the vehicle.

Section 520.029. Removal of Vehicle(s) Hearing. [Ord. No. 929 §3, 4-20-2009] A.

Any person entitled to notice under Section 520.027 or Section 520.028 herein may request a hearing. The request shall be in writing and filed in the City Manager's office not later than seven (7) days after the notice was provided, exclusive of Saturday, Sunday and legal holidays.

B.

The hearing shall be held before the City Manager or his/her designee within five (5) days of the hearing request. Formal rules of evidence shall not apply; however, the parties shall have the right to be represented by legal counsel, present evidence, confront and cross-examine witnesses and receive a


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written decision based upon the evidence addressed at the hearing. The hearing shall not be recorded in any manner. C.

At the hearing, the City Manager shall determine whether the removal is authorized under Section 520.028 of this Chapter.

D.

If the removal under Section 520.028 is authorized, the City Manager shall order the vehicle removed and the owner/possessor shall be given a time period for such removal. If the vehicle is not removed within the prescribed time period, the vehicle shall be removed by authority of the City to a place of safety and only released to the owner upon proof of ownership and payment of removal and storage cost.

Section 520.030. Right to Appeal. [CC §42.03; Ord. No. 140, 4-2-1979] A.

Any person affected by any notice which has been issued in connection with the enforcement of any provision of this Chapter or the Code, or of any rule or regulation adopted pursuant thereto, may request and shall be granted a hearing on the matter before the Board of Adjustment; provided that such person shall file in the office of the City Clerk the written petition requesting such hearing and containing a statement of the ground therefor within twenty (20) days after the day the notice was served.

B.

The Board of Adjustment shall hear all appeals relative to the enforcement of this Code and by concurring vote of four (4) of its members may reverse or affirm wholly or partly or may modify the decision appealed from and shall make such an order or determination as in its opinion ought to be made. Failure to secure such concurring votes shall be deemed a confirmation of the decision of the Code Official.

Section 520.040. Demolition. [CC §42.04; Ord. No. 140, 4-2-1979] If all or any part of a building or structure, including a fence, billboard or sign, or the equipment for the operation thereof, including the heating plant, plumbing, electrical wiring, moving stairways, elevators, and fire extinguishing apparatus, shall be found, in the opinion of the Building Official, to be in an unsafe condition, dangerous to life, limbs or property, or where there has been a cessation of normal construction of any structure for a period of more than two (2) years, he shall correct the situation by following the procedures set forth in Chapter 510, "Dangerous Buildings", of the Municipal Code of the City of St. John.

Section 520.050. Occupancy Permit Required. [CC §42.05; Ord. No. 140, 4-2-1979; Ord. No. 648 §1, 11-1-1999; Ord. No. 664 §1, 4-3-2000] A.

Scope. Except as otherwise provided it shall be unlawful for a person or family to occupy, or for any owner or agent thereof to permit the occupation of any dwelling, dwelling unit or addition thereto, or part thereof, for any purpose until an occupancy permit has been issued by the Building Official. The occupancy permit shall not be issued until all violations of this Chapter have been brought into compliance. The occupancy permit so issued shall state that the occupancy complies with all of the provisions of this Chapter. It shall be unlawful for any person or family to occupy any dwelling, dwelling unit or addition thereto, or


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part thereof, for any purpose, until the issued occupancy permit or conditional occupancy permit has been obtained from the City and is in the possession of said person or family to occupy. Said occupancy permit or conditional occupancy permit shall be in the possession of the person or family to occupy at the time of moving in and shall be presented for inspection at the request of any City Official. B.

Fee. The fee for occupancy permits and reinspections shall be set by administrative policy on an annual basis.

C.

Content of Occupancy Permit. 1.

The occupancy permit shall state the names, ages, relationship, or number of occupants of the dwelling unit. No more than one (1) family as defined in Section 400.030 of this Municipal Code shall occupy each dwelling unit. All persons who occupy the premises of a dwelling unit must be listed on the occupancy permit or be subject to the penalties provided in this Code.

2.

In the case of rental property, applicant tenants shall present an "Affidavit of Occupancy" or a written statement from the building or unit owner specifying the names, ages and relationships of the tenants to be occupying said building or dwelling unit.

D.

Report Change of Occupancy. Every dwelling unit in which a change of occupancy is to occur must be reported by the owner to the City Clerk so that the Enforcement Official may inspect the structure according to the provisions of this Code. Upon inspection, he shall determine the number of occupants which can be housed in a dwelling unit without creating a health or safety hazard. Failure to make such a report shall constitute a violation of this Section, and the person responsible for the failure shall be subject to the penalties of this Code.

E.

Responsibilities of Real Estate Brokers. All real estate brokers and agents and similar businesses and owners of multiple-family dwelling units shall report each dwelling unit which is to change occupancy as in this Section defined so that the Enforcement Official may inspect the unit according to the provisions of this Chapter. Failure to register or make such a report shall constitute a violation of this Section and the person or firm responsible for the failure shall be subject to the penalties of this Code.

F.

Conditional Occupancy Permit. A conditional occupancy permit may be issued by the Enforcement Official if, in his judgment, any deficiencies in structures covered by this Chapter would not seriously endanger the health or safety of the occupants of the community and provided that the occupant makes an affidavit stating that he will correct the deficiencies within a specified time and thus bring the structure into compliance with the provisions of this Chapter. The occupant may then occupy the dwelling unit while repairs are being made. At such time as the dwelling complies with all of the provisions of this Chapter an occupancy permit will be issued and provided herein.

G.

Visitor Defined. A visitor is a person who temporarily lives within the residence for a period not to exceed thirty (30) consecutive days. Said person need not be added to the occupancy permit if he/she inhabits the resident of another for a period of thirty (30) consecutive days or less. If said residency exceeds said thirty (30) day period, the owner of the property must notify the Building Inspector of a proposed additional occupant, schedule an inspection and amend the occupancy permit as outlined within this Chapter. Only one (1) said thirty (30) day period shall be allowed for the same person in any calendar year before the aforesaid notification, inspection and occupancy permit amendment shall be required. The City Manager shall be empowered to grant an extension of any requirement set forth herein based on a showing of exigent circumstances by the resident holding the occupancy permit.

Section 520.060. Saving Clause. [CC §42.06; Ord. No. 140, 4-2-1979] http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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Nothing in this Chapter or in the Basic Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding pending in any court, or any rights acquired, or any liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed by this Chapter; nor shall any just or legal right or remedy of any character be lost, impaired or effected by this Chapter.

Chapter 525. Work Done on Public Property Section 525.010. License Required. [CC §7.59; Ord. No. 349 §2, 12-5-1988] It shall be unlawful for any person, partnership, firm or corporation to perform any work on City property without first having obtained a permit for such work from the City Manager's Office.

Section 525.020. Excavation License — How Obtained. [CC §7.60; Ord. No. 349 §2, 12-5-1988] Every person, partnership, firm or corporation who desires to perform any excavation work on City property must contact the City Manager's Office, or his designee and request a permit for such work. The work to be performed must comply with all applicable existing City ordinances and must be in accordance with the City Manager's or his designee's specifications.

Section 525.030. Fee for License. [CC §7.61; Ord. No. 349 §2, 12-5-1988] The cost of said permit shall be five dollars ($5.00) for work done in the dirt areas and twenty dollars ($20.00) for work done in the pavement, which shall cover the cost of inspection by the Public Works Department at the completion of the work.

Section 525.040. Responsibility in Carrying Out Provisions. [CC §7.62; Ord. No. 349 §2, 12-5-1988] The Director of Public Works, or his designee, shall be charged with the responsibility of carrying out the provisions of this Chapter in issuing permits through the City Manager and inspecting work.

Section 525.050. Penalties. [CC §7.63; Ord. No. 349 §2, 12-5-1988; Ord. No. 1014 §1, 7-15-2013] Any person, partnership, firm or corporation or their agents, servants or employees, who shall violate any of the provisions of this Chapter, or who shall fail, neglect, or refuse to comply with any lawful order of the City Manager or his Director of Public Works made in pursuance of and by authority of any provisions of this Chapter, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000.00), or imprisonment for ninety (90) days, or by both such fine and imprisonment. Each twenty-four (24) hours of maintenance of prohibited conditions shall constitute a separate and distinct offense. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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Chapter 530. Requirements of Utility Companies Section 530.010. Notification by Utility Companies. [Ord. No. 574 §§1 — 2, 4-21-1997] A.

AmerenUE, Laclede Gas, St. Louis County Water Company and any subsequent service provider shall notify the Director of Public Works for the City of St. John of the termination of the respective utility within the City of St. John, within ten (10) days of the termination of said services.

B.

The notices set forth herein shall be in writing and shall be sent by regular or electronic mail to the Public Works Director, 8762 St. Charles Rock Road, St. John, Missouri 63114.

C.

The respective utility service providers shall submit annually to the City an invoice for its cost associated with this Section. This amount will reflect the actual costs incurred by the service providers to furnish this service.

Chapter 535. Relocation Policy Article I. Relocation Policy Purpose and General Provisions Section 535.010. Title of Chapter. [Ord. No. 679 §1, 11-6-2000] This Chapter shall be known and may be cited as the "St. John Relocation Policy", hereinafter "relocation policy", and it shall become a part of the ordinances of the City of St. John.

Section 535.020. Purpose. [Ord. No. 679 §1, 11-6-2000] The purpose of this Relocation Policy for the City of St John is to ensure that all persons displaced as a result of projects which receive public assistance in the City of St. John are treated fairly, consistently and equitably.

Section 535.030. Definitions. [Ord. No. 679 §1, 11-6-2000] For the purpose of this Chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. Words not defined shall be given their common and ordinary meaning. BUSINESS Any lawful activity that is conducted: http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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1.

Primarily for the purchase or sale of personal or real property, or for the manufacture, processing or marketing of products or commodities; or

2.

Primarily for the sale of services to the public.

CITY The City of St. John. COMPARABLE REPLACEMENT DWELLING A dwelling which is: 1.

A decent, safe and sanitary dwelling, as defined in this Section;

2.

Located in an area generally not less desirable than the location of the displacement dwelling with respect to public utilities, commercial and public facilities and the person's place of employment; and

3.

Available at a cost generally consistent with the market in the St. Louis metropolitan area for dwellings similar to the displacement dwelling.

DECENT, SAFE AND SANITARY DWELLING A dwelling which meets applicable housing and occupancy Codes and: 1.

Is structurally sound, weathertight, and in good repair.

2.

Contains a safe electrical wiring system adequate to service the reasonable electrical needs of the displaced person.

3.

Contains a safe heating system capable of sustaining a healthful temperature for the displaced person.

4.

Is adequate in size with respect to the number of rooms and area of living space needed to accommodate the displaced person.

5.

For a handicapped person, is free of any barriers which would preclude reasonable ingress, egress, or use of the dwelling by such person.

DEVELOPER The City of St. John (the "City") or any agency of the City or any public or quasi-public agency or corporation operating in the City, to the extent that the foregoing entities undertake a project (as defined in this Section) on their own behalf, or a person, partnership or corporation which undertakes a project. DISPLACED PERSON Any person (as defined in this Section) that voluntarily and permanently moves from real property, or voluntarily and permanently moves all or substantially all of his or her personal property from such real property as a direct result of the acquisition, rehabilitation or demolition of, or the receipt of a written notice of intent to acquire (as described in Article III — Notices) such real property, in whole or in part, for a project; excluding, however, any such person as has received a notice of termination of intent to acquire as described in Article III — Notices prior to moving from the real property. The term "displaced person" does not include: 1.

A person who is evicted for cause from the real property, in accordance with applicable State and local law, if: a.

The person received an eviction notice prior to the initiation of negotiations (as defined in this Section) and as a result is later evicted; or


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b.

The person is evicted after the initiation of negotiation for serious or repeated violations of material terms of the lease or occupancy agreement; and

c.

In either case (a) or (b), the eviction was not undertaken for the purpose of evading the obligation to provide the relocation payments and assistance set forth in this Chapter.

2.

A person who has no legal right to occupy the real property under State or local laws;

3.

A person who occupies the real property for the purpose of obtaining relocation assistance; or

4.

A person who is a tenant-occupant and moves onto the real property after the initiation of negotiations with knowledge (including constructive notice) of the possibility of displacement for a project.

DISPLACEMENT DWELLING The dwelling (as defined in this Section) from which a person is being displaced. DWELLING The permanent or customary and usual residence of a person, according to local custom or law, including a single-family unit in a two-family, multi-family or multi-purpose property; a unit of a condominium or cooperative housing project; or any other residential unit. HANDICAPPED PERSON Any person who is deaf, legally blind or orthopedically disabled to the extent that acquisition of another residence presents a greater burden than other persons would encounter or to the extent that modifications to the replacement residence would be necessary. INITIATION OF NEGOTIATIONS The delivery of the initial written offer of just compensation by the developer to the owner of the real property, to purchase such real property for the project, or the notice to the person that (s)he will be displaced by the project. PERSON Any individual, family, partnership, corporation, limited liability company or association. PROJECT The demolition, rehabilitation or construction of improvements on, or the development of, real property in the City of St. John which will result in the displacement of any person and which will utilize the power of eminent domain and/or tax increment financing. PUBLIC AGENCY Any agency of the City or any public or quasi-public agency or corporation operating in the City and providing to a developer the assistance described in the definition of project in Section 535.030. REASONABLE MOVING AND RELATED EXPENSES Those expenses of moving, as described in Section 535.120 as appropriate, from the displacement property to a comparable replacement dwelling in the St. Louis metropolitan area to the extent that such expenses would customarily be incurred for such a move. RELOCATION APPEALS BOARD The reviewing body and shall consist of three (3) persons: the City Director of Project and two (2) citizens appointed by the Council not residing or having any interest in property in relocation project area. TENANT A person who has the temporary use and occupancy of real property owned by another. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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Section 535.040. Applicability. [Ord. No. 679 §1, 11-6-2000] A.

Any person who is a displaced person (as defined in Section 535.030 of this Chapter) as a result of a project, the plans, projects or areas for redevelopment under the provisions of Chapter 99, RSMo., (1986), as amended, for on or after the effective date of the Relocation Policy ordinance, will be entitled to receive from the developer the relocation payments and assistance set forth in this Relocation Policy, to the extent authorized by this Chapter, unless: 1.

The provisions of the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. Sections 4601 to 4655, inclusive, as amended) (the "URA") or Section 104(d) of the Federal Housing and Community Development Act of 1974 (42 U.S.C. Section 5304(d), as amended) are applicable to such displacement; or

2.

The person is displaced as the result of the acquisition for a public purpose of real property in the City of St. John by the State of Missouri or any political subdivision or any branch, bureau or department thereof, or by any quasi-public corporation, and such real property is purchased solely through the expenditure of State or local funds, in which case the provisions of the URA shall apply.

Section 535.050. Minimum Standards. [Ord. No. 679 §1, 11-6-2000] The requirements set out in this Chapter shall be considered minimum standards. In reviewing any relocation plan proposed by a developer under the operation of Chapter 99, RSMo., the City or the public agency, if applicable, shall determine the adequacy of the proposed plan and may, in its discretion, require additional assistance to be provided.

Article II. Administrative Matters Section 535.060. Assurances Monitoring and Corrective Action. [Ord. No. 679 §1, 11-6-2000] A.

Assurances. Each developer (except the City or any agency thereof or any public or quasi-public agency or corporation operating in the City, unless they are receiving from another such entity the assistance described in the definition of project in Section 535.030) shall provide assurances in a contract with the entity providing the assistance described in the definition of project in Section 535.030 (i.e., the City or a public agency) that the developer will comply with the provisions of this Chapter and any additional standards specifically imposed on the developer. The City or public agency shall provide a copy of each contract containing such assurances to the City of St. John and the Relocation Appeals Board.

B.

Monitoring And Correction Action. The City of St. John shall monitor compliance with this Chapter and may pursue any and all legal and equitable remedies to ensure compliance with this Chapter and/or make recommendations to regarding corrective action, as it deems appropriate. The City or public


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agency may also independently apply sanctions and/or take corrective action in accordance with applicable program regulations and/or contracts with the developer. C.

Nothing contained herein shall be construed as imposing upon the City or the public agency the obligation to provide the relocation payments and assistance to displaced persons unless such entities undertake a project on their own behalf. Each developer shall indemnify, defend and hold harmless the City, and if applicable, the public agency, for any and all claims of any kind whatsoever arising out of the developer's administration and/or implementation of this Chapter and shall post a bond in an amount deemed satisfactory to such entitles to secure the faithful performance of such obligation. A provision containing the foregoing requirements shall be contained in the contract described in Subsection (A) herein.

Section 535.070. Recordkeeping and Records and Reports. [Ord. No. 679 §1, 11-6-2000] A.

Recordkeeping. The developer shall maintain records and reports of its acquisition and displacement activities in sufficient detail to demonstrate compliance with this Chapter, as further described in this Section, for at least three (3) years from the date that each owner of the real property and each person displaced from the real property receives the final payment to which (s)he is entitled under this Chapter.

B.

Records. The developer shall maintain individual case files containing the following information:

C.

1.

Identification of the person's name, address and date of initial occupancy of the displacement dwelling. For residential tenant-occupants, the age, sex and income of all members of the household; and the monthly rent and average monthly utility costs at the displacement dwelling.

2.

Evidence that the person received the notice of intent to acquire complying with the requirements of Section 535.100(A) in a timely fashion.

3.

Evidence that each displaced person received an eligibility and vacation notice complying with requirements of Section 535.100(B) in a timely fashion.

4.

Identification of relocation needs and preferences and dates of personal and other contacts and services provided.

5.

Identification of referrals to replacement properties as required in Section 535.110 of this Chapter, date of referral, rent or sale price of each referral dwelling and the utility costs to the extent available to the developer, date of availability of the referral property, and reason(s) given by the person for rejecting the referral property, if applicable.

6.

Copy of the vacate notice(s), to the extent not provided pursuant to Subsection (B)(3) of this Section.

7.

Identification, by address, of the replacement property, rent or sale price of the replacement dwelling, and the utility costs thereat to the extent available to the developer and the date of relocation.

8.

Copy of each approved claim form and related documentation, evidencing that the person received a relocation payment.

Reports. 1.

All developers. The developer shall provide to City of St John and to the public agency providing the assistance (if applicable), the following:


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2.

a.

Annual relocation reports due January thirty-first (31st) for the preceding calendar year.

b.

Notices of when relocation begins and when it has been completed.

c.

Notice of any disputes between a displaced person and the developer pertaining to relocation payments or assistance.

d.

If requested, a copy of any one (1) or more of the case files to be maintained by the developer pursuant to the provisions of Subsection (C)(1)(b) of this Section.

Urban redevelopment corporations. In addition to providing the information described in Subsection (C)(1) of this Section, every urban redevelopment corporation shall comply with the provisions of Section 535.080.

Section 535.080. Administration of Relocation Payments. [Ord. No. 679 §1, 11-6-2000] A.

Expeditious Payments. The developer shall review claims for relocation payments in an expeditious manner. The developer shall promptly notify all displaced persons of any additional documentation that is required to support the claim. The developer shall pay all claims for relocation payments as soon as possible following receipt of sufficient documentation to support the claim, but in no event later than thirty (30) days following receipt of such documentation.

B.

Advance Payments. If a person demonstrates the need for an advance relocation payment in order to avoid or reduce a hardship, the developer shall issue the payment subject to such safeguards as are appropriate to ensure that the objective of the payment is accomplished.

C.

Time For Filing. Except to the extent extended by the City or the public agency for good cause, all claims for relocation payments shall be filed with the developer within six (6) months after:

D.

1.

In the case of tenants, the date of displacement;

2.

In the case of owners, the date of displacement or the final payment for the acquisition of the real property (except that in the case of property acquired pursuant to an installment sales contract, that date of payment of the initial regular installment), whichever is later.

Deductions From Relocation Payments. A developer shall deduct the amount of any advance relocation payment from any subsequent relocation payment to which a displaced person is otherwise entitled. Similarly, a developer may deduct from relocation payments any rent that the displaced person owes the developer, provided however, that no deduction shall be made if it would prevent the displaced person from obtaining a "decent, safe and sanitary" replacement dwelling. The developer shall not withhold any part of a relocation payment to a displaced person to satisfy an obligation to any other creditor, except as otherwise may be required by law.

Section 535.090. Appeals. [Ord. No. 679 §1, 11-6-2000] A.

General. The Relocation Appeals Board shall promptly review appeals in accordance with the requirements of applicable law and this Chapter.

B.

Initiation Of An Appeal. A person may file an appeal with the Relocation Appeals Board in any case in which the person believes that a developer has failed to properly determine the person's eligibility for


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relocation payments or assistance or to properly determine the amount or type thereof to which such person is entitled under this Chapter. A person may initiate an appeal by filing a written notice of appeal with the Relocation Appeals Board and mailing a copy thereof to the developer. The Relocation Appeals Board shall consider a written appeal regardless of form. C.

Time Limited For Initiating Appeal. The City of St. John may set a reasonable time limit for a person to file an appeal. The time limit shall not be less than sixty (60) days after the person receives written notification of the developer's determination on the person's claim.

D.

Right To Representation. A person and the developer have a right to be represented by legal counsel or their representative in connection with an appeal, but solely at their own expense.

E.

Review Of Files By A Person Making An Appeal. The developer shall permit a person to inspect and copy all materials pertinent to his or her appeal, except records which may remain closed pursuant to the provisions of Section 610.021, RSMo. The developer may, however, impose reasonable conditions on the person's right to inspect, consistent with applicable laws.

F.

Time For Submission Of Evidence. The person and the developer shall submit all evidence which they wish the Relocation Appeals Board to consider in connection with this appeal within sixty (60) days of the date the appeal was filed; provided however, that such time may be extended by the Relocation Appeals Board for good cause.

G.

Scope Of Review Of Appeal. In deciding an appeal, the Relocation Appeals Board shall consider all pertinent evidence submitted and all other available information that is needed to ensure a fair and full review of the appeal.

H.

Determination And Notification After Appeal. Within thirty (30) days after receipt of all information submitted in connection with an appeal, the Relocation Appeals Board shall make a written determination on the appeal, including an explanation of the basis upon which the decision was made, and furnish a copy to the developer, the public agency (if applicable) and the person.

Article III. Relocation Notices and Assistance Section 535.100. Notices. [Ord. No. 679 §1, 11-6-2000] A.

Notice Of Intent To Acquire. At least ninety (90) days prior to the date that the person will be required to vacate the real property, the developer shall send a notice of intent to acquire to each person that may be permanently displaced as result of a project. At a minimum, the notice shall do the following: 1.

Explain that a project has been proposed and that the developer intends to acquire the real property therefor;

2.

Caution the person not to move before the person receives a notice of eligibility for assistance;

3.

Generally describe the relocation payments for which the person may be eligible, the basic conditions of eligibility and the procedures for obtaining the payments;

4.

Generally describe the relocation assistance to which such person may be entitled, including referrals to replacement properties, help in filing payment claims and other necessary assistance to help the person successfully relocate and the procedures for the provision of such assistance;

5.

Inform the person that (s)he will not be required to move without at least ninety (90) days'


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advance written notice;

B.

6.

Provide the name, address and telephone number of the person who will be handling relocation for the developer;

7.

Inform the person of the requirements set forth in Article II, to the extent applicable; and

8.

Generally describe the appeals procedure as set forth in Article II.

Eligibility And Vacation Notice. 1.

C.

General. No displaced person shall be required to move unless he or she has received at least ninety (90) days' advance written notice of: a.

The earliest date by which he or she may be required to vacate the real property; and

b.

The person's eligibility for relocation payments and/or assistance.

2.

Timing of notice. The eligibility and vacation notice shall not be given before, but may be given concurrently with, the notice of intent to acquire described in Subsection (A) of this Section.

3.

Content of notice. The eligibility and vacation notice shall either: a.

State the specific date by which the real property must be vacated; or

b.

Specify the earliest date by which the person may be required to move and indicate that the person will receive another notice indicating the specific date by which he or she must move, at least thirty (30) days prior to such date; such notice shall also state whether the person is eligible for relocation payments and/or assistance. The developer shall include with each such notice a copy of the City of St. John's appeals procedures.

4.

Additional vacation notice. If the developer previously provided an eligibility and vacation notice which did not state the specific date by which the real property must be vacated, the developer shall provide an additional vacation notice stating the specific date by which the person will be required to vacate the real property at least thirty (30) days prior to such date.

5.

Notice not required. The eligibility and vacation notice and, if applicable, the vacate note described in Subsection (B)(4) of this Section not be issued to a person if: a.

There is no occupied structure and no personal property on the real property;

b.

The person makes an informed decision to relocate and vacates the real property prior to the time such notices are to be provided;

c.

The person, with full knowledge of his or her right to receive such notices, enters into a negotiated agreement for delivering possession of the real property; or

d.

The person does not qualify as a displaced person, as defined in Section 535.030 of this Chapter.

Notice Of Termination Of Intent To Acquire. A developer can terminate any further obligation to provide the relocation payments and assistance provided herein by providing to each person occupying the real property a notice that it is terminating its intent to acquire such property; provided however, that if the developer shall reinitiate negotiations for such real property within one (1) year of such termination, the eligibility of all displaced persons who were eligible for payments and/or assistance at the time of such termination shall resume and the eligibility of any other displaced persons shall be determined with reference to this Chapter; and, provided further, that the developer shall be obligated to pay any documented actual reasonable moving and related expenses incurred by each such person prior to the date of the notice of termination, to the extent such expenses would be


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eligible for payment under the provisions of this Chapter. D.

Manner Of Notices. Each notice which the developer is required to provide to a displaced person under this Chapter shall be personally served or sent by certified or registered first class mail, return receipt requested, and a copy thereof shall be kept in the developer's files. Each notice shall indicate the name and telephone number of a person who may be contacted for answers to questions or other needed help.

Section 535.110. Referrals to Replacement Properties Before Displacement. [Ord. No. 679 §1, 11-6-2000] A.

General. The developer shall provide a minimum of three (3) decent, safe and sanitary dwelling referrals to all residential displaced persons, and three (3) suitable replacement referrals to all displaced businesses. The developer shall use its best efforts to cause the referrals provided to residential displaced persons to consist of comparable replacement dwellings.

B.

Time For Referrals. The developer shall provide the referrals called for herein not less than ninety (90) days prior to the vacation date to handicapped residential displaced persons and not less than sixty (60) days prior to the vacation date for all other displaced persons.

C.

Transportation To Referral Sites. All residential displaced persons shall be offered transportation to inspect the dwellings to which they are referred.

D.

Termination Of Referral Obligation. The developer's obligation to provide the referrals to a displaced person, as set forth in this Section, shall terminate at such time as the displaced person relocates to a replacement dwelling or site.

Article IV. Payment for Moves Section 535.120. Payment for Residential Moves. [Ord. No. 679 §1, 11-6-2000] A.

Any displaced person who is an owner-occupant or tenant of a dwelling and occupied the real property for not less than ninety (90) days prior to: 1.

The date the notice of intent to acquire as described in Section 535.100;

2.

The initiation of negotiations as defined in Section 535.030 of this Chapter), is entitled to: a.

Payment of his or her actual reasonable costs of relocation including: (1) Actual moving costs. (2) Utility deposits. (3) Key deposits. (4) Storage of personal property up to one (1) month.


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(5) Utility transfer and connection fees. (6) Other initial rehousing deposits including, in the case of a displaced person who relocates to rental housing, first (1st) and last month's rent and security deposits. b.

In lieu of actual moving and related expenses, a fixed payment in the amount of five hundred dollars ($500.00).

Section 535.130. Payment for Non-Residential Moves. [Ord. No. 679 §1, 11-6-2000] A.

Any business or non-profit organization which qualifies as a displaced person and has occupied the real property for not less than ninety (90) days prior to: 1.

The date its the notice of intent to acquire as described in Section 535.100(A) is sent; or

2.

The initiation of negotiations (as defined in Section 535.030 of this Chapter), is entitled to: a.

Payment for actual, reasonable costs of moving including costs for: (1) Packing, crating, unpacking and uncrating of the personal property. (2) Disconnecting, dismantling, removing, reassembling and reinstalling all relocated personal equipment. (3) Relettering similar signs and replacing similar stationery on hand at the time of displacement that are made obsolete as a result of the move.

b.

In lieu of actual moving and related expenses, a fixed payment in the amount of one thousand five hundred dollars ($1,500.00).

Section 535.140. Requirements for Receipt of Payments for Actual Reasonable Moving and Related Expenses. [Ord. No. 679 §1, 11-6-2000] A.

The following requirements shall apply to claim for actual reasonable moving and related expenses (as provided in Section 535.120(A)(1) and Section 535.130(A)(1): 1.

The displaced person shall provide such documentation as may be reasonably required by the developer to establish the actual expenses incurred, such as invoices, receipts, certified prices, appraisals, or other evidence of such expenses. The developer must provide reasonable assistance necessary to enable all displaced persons to complete and file any required claim for payment.

2.

The displaced person must provide the developer with not less than ten (10) days' advance written notice of the approximate date of the start of the move or disposition of the personal property and a list of the items to be moved.

3.

The displaced person must permit the developer to make reasonable and timely inspections of the personal property at both the displacement and replacement sites and to monitor the move.

Section 535.150. Ineligible Moving and Related Expenses. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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[Ord. No. 679 §1, 11-6-2000] A.

A displaced person is not entitled to payment for: 1.

The cost of moving any structure or other real property improvement in which the displaced person reserves ownership; or

2.

Interest on a loan to cover moving expenses; or

3.

Loss of goodwill; or

4.

Loss of profits; or

5.

Loss of trained employees; or

6.

Any additional operating expenses of a business incurred because of operating in a new location; or

7.

Any legal fee or other cost for preparing a claim for a relocation payment or for representing the claimant before the developer; or

8.

Physical changes to the real property at the replacement location.

Section 535.160. Waiver of Benefits. [Ord. No. 679 §1, 11-6-2000] Any displaced person who is also the owner of the real property may waive relocation payments as part of the negotiations for acquisition of the interest held by such person. Such waiver shall be in writing, shall disclose the person's knowledge of the provisions of the relocation policy and his entitlement to payment and shall be filed with the public agency and the City of St. John.

Business and Occupation Chapter 600. Alcoholic Beverages Section 600.010. Definitions. [CC §10.01; Ord. No. 293, 4-20-1987; Ord. No. 467 §1, 7-6-1993; Ord. No. 776 §1(a), 8-4-2003] For the purposes of the Chapter, the following terms shall have these prescribed meanings: INTOXICATING LIQUOR Shall mean and include alcohol for beverage purposes, alcoholic, spirituous, vinous, fermented, malt, or other liquors, or combination of liquors, a part of which is spirituous, vinous, or fermented, and all preparations or mixtures for beverage purposes, containing in excess of one-half of one percent (0.5%) by volume except for nonintoxicating beer as defined herein. All beverages having an alcoholic content of less than one-half of one percent (0.5%) by volume shall be exempt from the provisions of this Chapter. This phrase shall not include light wine referred to hereafter. LIGHT WINE Light wines shall be defined as containing not in excess of fourteen percent (14%) of alcohol by weight and made exclusively from grapes, berries and other fruits and vegetables but this Chapter shall not http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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apply to the use or distribution of sacramental wines used in religious practices. MALT LIQUOR Liquor manufactured from pure hops and/or pure barley malt, grain or cereals and wholesome yeast or pure water, commonly known as beer, containing alcoholic in excess of three and two-tenths percent (3.2%) of weight and not in excess of five percent (5%) by weight. NON-INTOXICATING BEER Any beer manufactured from pure hops or pure extract of hops, pure barley malt and other wholesome grains or cereals and wholesome yeast and pure water and free from all harmful substances, preservatives and adulterants, and having an alcoholic content of more than five tenths of one percent (0.5%) by volume and not exceeding three and two-tenths percent (3.2%) by weight. ORIGINAL PACKAGE (INTOXICATING LIQUOR, WINE OR WINE PRODUCTS) Any bottle, can or container which holds at least six (6) ounces or more by volume of intoxicating liquor, wine or wine products. ORIGINAL PACKAGE (MALT LIQUOR, NON-INTOXICATING BEER) Any package containing three (3) or more bottles or cans containing at least six (6) ounces of either malt liquor or non-intoxicating beer as defined in this Chapter. PERSON Any individual, association, joint stock company, syndicate, co-partnership, corporation, receiver, trustee, conservator, or other officer appointed by any State or Federal Court. PREMISES The entire building or designated leasehold in which the licensee has his place of business and any additional building used in connection therewith and the entire lot or lots and parcel or parcels of land on which said buildings are situated or which are used in connection with said buildings, including any portion of said lot or parcel designated for parking of vehicles. RESTAURANT BAR Any establishment having a restaurant or similar facility on the premises of which fifty percent (50%) or more of the gross income, or which has an annual gross income of at least two hundred seventy-five thousand dollars ($275,000.00) as verified by the procedure set forth in Section 600.210 of this Chapter, is derived from the sale of prepared meals or food consumed on such premises. SUNDAY SALES An establishment possessing a Sunday liquor license to sell intoxicating liquor and non-intoxicating beer in the original package at retail between the hours of 9:00 A.M. to Midnight on Sundays. TASTING LICENSE License issued to a retail business which permits the tasting of wine, malt beverages and distilled spirits on the licensed premises. [Ord. No. 1022 §1, 10-7-2013]

Section 600.020. License Required. [CC §10.02; Ord. No. 293, 4-20-1987 Ord. No. 1022 §2, 10-7-2013] It shall be unlawful for any person, firm, partnership or corporation to sell, expose for sale, or offer for tasting, either at wholesale or retail in the City of St. John, Missouri, intoxicating liquor, wine or wine products, malt liquor, or non-intoxicating beer as herein defined in any quantity without having first obtained the appropriate license(s) from the City of St. John, except as otherwise herein provided in this http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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Chapter.

Section 600.030. Cost of License. [CC §10.03; Ord. No. 293, 4-20-1987; Ord. No. 329 §2, 5-16-1988; Ord. No. 362 §1, 5-1-1989; Ord. No. 467 §2, 76-1993; Ord. No. 776 §1(b), 8-4-2003; Ord. No. 906 §1, 5-19-2008] A.

For the sale at retail or wholesale of intoxicating liquor, light wine, malt liquor and non-intoxicating beer in the original package, not to be consumed on the premises where sold (to be known as "Full Package License"): $ 150.00.

B.

For the sale at retail of light wine, malt liquor and/or non-intoxicating beer in the original package not to be consumed on the premises where sold (to be known as a "Light Wine/Beer Package License"): $52.50.

C.

For the sale of all kinds of intoxicating liquor, light wine and malt liquor by the drink, which license shall include the right to sell any said substance in the original package (to be known as a "Drink License with Package Privilege"): $450.00.

D.

For the sale at retail of malt liquor and/or non-intoxicating beer in the original package not to be consumed on the premises where sold (to be known as a "Beer Only License"): $22.50.

E.

For the sale of drinks on Sunday pursuant to Section 600.210 of this Chapter, said sum to be in addition to any other fee for a license charged herein (to be known as a "Restaurant Bar"): $225.00.

F.

For the sale of intoxicating liquor in the original package at retail for each Sunday sales establishment between the hours of 9:00 A.M. and Midnight on Sundays (to be known as a "Sunday Sales License"): $300.00.

G.

For a temporary license to sell intoxicating liquor by the drink at retail for consumption on the premises between the hours of 1:00 P.M. and Midnight on Sunday for a period not to exceed ninety (90) days if the restaurant-bar can show a capability: $56.25.

H.

For the sale of malt liquor, beer and/or non-intoxicating beer by the drink to be consumed on the premises: $300.00.

I.

For the sale of malt liquor, beer and/or non-intoxicating beer by the drink to be consumed on the premises on Sunday: $225.00.

J.

For the tasting of wine, malt beverages and distilled spirits on the licensed premises. This license may only be issued if the business already possesses a Full Package from the City of St. John. (to be known as a "Tasting License"): $25. See Section 600.145 for licensing requirements. [Ord. No. 1022 § 3, 10-7-2013]

Section 600.040. License Non-Transferable — Exceptions. [CC §10.04; Ord. No. 293, 4-20-1987] A.

No license issued under this Chapter shall be transferable or assignable except as herein provided. In the event of the death of the licensee, the widow or widower or the next of kin of such deceased licensee, who shall meet the other requirements of this law may make application and the supervisor of liquor control may transfer such license to permit the operation of the business of the deceased for the remainder of the period for which a license fee has been paid by the deceased.


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B.

Whenever one (1) or more members of a partnership withdraws from the partnership the supervisor of liquor control, upon being requested, shall permit the remaining partner, or partners, originally licensed, to continue to operate for the remainder of the period for which the license fee has been paid, without obtaining a new license.

C.

Any significant change in the corporation structures, officers and/or managers must be registered with the City of St. John and the process of application (excluding license fee assessment) must be repeated for all new officers and managers. A separate license shall be required for each place of business. No person shall directly or indirectly have an interest in more than one (1) license.

Section 600.050. License Duration. [CC §10.05; Ord. No. 293, 4-20-1987] Each license issued in compliance with this Chapter shall be for a period consisting of the date of issuance through the next June thirtieth (30th) period, unless suspended or revoked for cause as herein provided. License application for renewal shall be received along with the license fee at the City Hall on or before the first (1st) day of May of each year. All licenses issued under this Chapter shall expire on the thirtieth (30th) day of June each year. Issuances of any licenses shall be without proration and the fee charged shall be for one (1) year regardless of the date of issue.

Section 600.060. Sale on Certain Days Prohibited — Sales Authorized When New Year's Eve or New Year's Day Is on Sunday. [CC §10.06; Ord. No. 318, 2-16-1988; Ord. No. 467 §3, 7-6-1993] When January first (1st), March seventeenth (17th), July fourth (4th) or December thirty-first (31st) falls on Sunday, any person having a license to sell intoxicating or non-intoxicating liquor by the drink or in the original package on Sunday, may be open for business and sell intoxicating liquor under the provisions of his license on that day from the time stipulated for Sunday sales until the time which would be lawful on another day of the week, notwithstanding any provisions of this Chapter and Section 311.290, RSMo. or any other provisions of law to the contrary.

Section 600.070. Sale at Certain Times Prohibited. [CC §10.07; Ord. No. 293, 4-20-1987] No person having a license to sell intoxicating liquor, wine or wine products, malt liquor or non-intoxicating beer shall sell, give away or otherwise dispose of any intoxicating liquor, malt liquor or non-intoxicating beer or suffer the same to be done upon or about his premises, except during the hours permitted by the Statutes of the State of Missouri, as revised or amended.

Section 600.080. Restrictions as to Place of Sale and Drinking. [CC §10.08; Ord. No. 293, 4-20-1987] No person, agent or employee of any person in any capacity shall sell or drink intoxicating liquor, wine or wine products, malt liquor or non-intoxicating beer in any other place than that designated in the license or http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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at any other time than is authorized by this Chapter and Statutes of the State of Missouri.

Section 600.090. Druggists. [CC §10.09; Ord. No. 293, 4-20-1987] Any druggist may have in his possession intoxicating liquor purchased by him from a licensed vendor under a license, pursuant to the State Act or intoxicating liquor lawfully acquired at the place of acquisition gauged and labeled as provided for in the "Liquor Control Act" of the State of Missouri, such intoxicating liquor to be used in connection with the business of a druggist in compounding medicines or as a solvent or preservant.

Section 600.100. Sale to and Possession by Drunkards and Minors Are Prohibited. [CC §10.10; Ord. No. 293, 4-20-1987] A.

No licensee or his employee shall sell or supply intoxicating liquor, wine or wine products, malt liquor or non-intoxicating beer or permit same to be sold or supplied to any habitual drunkard or to any person who is under or apparently under the influence of said substance. Intoxicating liquor, wine or wine products, malt liquor or non-intoxicating beer shall not be given, sold or otherwise supplied to persons under the age of twenty-one (21) years, but this shall not apply to the supplying of intoxicating liquor, malt liquor or non-intoxicating beer to a person under such age for medicinal purposes only or by the parent or guardian of such person or the administering of said intoxicating liquor, malt liquor or non-intoxicating beer to said person by a physician. Further, no person under the age of twenty-one (21) years shall sell or assist in the sale or dispensing of intoxicating liquor, wine or wine products, malt liquor or non-intoxicating beer, except as set forth in Section 600.210 (F) of this Chapter.

B.

No person under the age of twenty-one (21) years may purchase or attempt to purchase or have in their possession any intoxicating liquor, wine or wine products, malt liquor or non-intoxicating beer as defined by this Chapter.

Section 600.110. Application for License — How Made. [CC §10.11; Ord. No. 293, 4-20-1987] All applications for license under the provisions of this Chapter shall be made in writing to the City Manager of the City of St. John on a form supplied and approved by said City Manager. All applications, except for the sale of intoxicating liquor, light wine, malt liquor or non-intoxicating beer at retail for consumption on the premises, shall be accompanied by an inventory of the appraised valuation of stock of goods at the proposed place of business. Applicants must have and keep in their store at all times a stock of goods having the value according to invoices of at least one thousand dollars ($1,000.00), exclusive of fixtures and intoxicating liquor.

Section 600.120. Renewals of License and Granting of License. [CC §10.12; Ord. No. 293, 4-20-1987] All applications for new licenses for the sale of intoxicating liquor, light wine, malt liquor and nonintoxicating beer shall be presented to the City Council for their action, and no license shall be granted at http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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the same meeting of the City Council at which the application is presented, except by unanimous vote of the Council. All renewals for intoxicating liquor, light wine, malt liquor or non-intoxicating beer licenses shall be presented to the City Manager, and it is in his discretion to either renew or not renew said license. In the event the said license is not renewed by the City Manager, said applicant shall have the right to appear before the City Council at the next regularly scheduled meeting of the City Council to request their action on the application for renewal.

Section 600.130. Number of Licenses Restricted. [CC §10.13; Ord. No. 443 §1, 9-21-1992; Ord. No. 712 §2, 9-17-2001; Ord. No. 762 §1, 4-21-2003] A.

There shall be only one (1) licenses issued by the City of St. John, Missouri, for the sale of intoxicating liquor by the drink within said City.

B.

In addition to the above-stated maximum, the City Council may approve the issuance of additional intoxicating liquor by the drink licenses to restaurant establishments after the establishment completes the application process.

Section 600.140. License — How Granted. [CC §10.14; Ord. No. 293, 4-20-1987] On approval of a new application by the City Council or, a renewal thereof by the City Manager and the payment of the license tax herein provided, the City Manager shall grant the applicant a license on a form prescribed to conduct business in the City of St. John until the next date of June thirtieth (30th). A separate license shall be required for each place of business, and every license issued under the provisions of this Chapter shall particularly describe the premises of which intoxicating liquor, light wine, malt liquor or nonintoxicating beer may be sold thereunder.

Section 600.145. Liquor Tasting License Requirements. [Ord. No. 1022 § 4, 10-7-2013] A.

Applicants for a liquor tasting license must already have a current full package liquor license and a current City of St. John business license before the liquor tasting license will be issued. When the tasting event will take place on a Sunday, the applicant must also have a Sunday sales license in addition to the full package liquor license before the liquor tasting license will be issued.

B.

Applications for a liquor tasting license must include a written proposal on how the applicant will ensure that the liquor tasting is a controlled event, how often it plans to hold liquor-tasting events and how it plans to notify customers of the liquor-tasting event. Applications will be forwarded to the St. John City Council at its regular Council meeting for consideration and approval/denial.

C.

With all liquor tasting licenses, the following guidelines will apply once the liquor tasting license is issued: 1.

The Store Manager or Liquor Department Manager must monitor the liquor-tasting event.

2.

Samples may not be served to minors.

3.

Samples may not contain more than one-half (1/2) ounce of alcoholic beverage.


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D.

4.

The licensee may not serve more than one (1) sample of each brand of alcoholic beverage per customer per day.

5.

The licensee may not serve more than two (2) brands of alcoholic beverages per day.

6.

Liquor tasting is allowed only between the hours of 12:00 P.M. and 6:00 P.M. on Sunday, 12:00 P.M. and 8:00 P.M. on Monday through Thursday, and 12:00 P.M. and 9:00 P.M. on Friday and Saturday.

7.

The licensee agrees that it will permit the City of St. John to inspect the licensed premises and every part of the building and plot of ground under its control and upon which the licensed premises are located and any place where the applicant may have intoxicating liquor stored.

In accordance with Section 600.260, Adoption of State Regulations, all terms, restrictions, regulations and provisions of the Missouri State Statutes with respect to the regulation of intoxicating liquor, not inconsistent with the terms of this Chapter, are applicable.

Section 600.150. Sales in Original Package. [CC §10.15; Ord. No. 293, 4-20-1987] A.

No license shall be issued for the sale of intoxicating liquor, light wine, malt liquor or non-intoxicating beer in the original package at retail, not to be consumed upon the premises where sold, except to a person engaged in and to be used in connection with the operation of one (1) or more of the following businesses: 1.

Drug store.

2.

Cigar and tobacco store.

3.

Grocery store.

4.

General merchandise store.

5.

Confectionery store.

6.

Delicatessen store.

7.

Gas stations. Or to any person who does not have or keep, in one (1) of the above-mentioned stores, a stock of goods having a value according to invoices of at least one thousand dollars ($1,000.00) exclusive of fixtures and intoxicating liquor, as per Section 600.110 herein.

Section 600.160. Sale of Liquor Prohibited Near Schools and Churches. [Ord. No. 776 §1(c), 8-4-2003] No license shall be granted for the sale of intoxicating liquor, as defined in this Chapter, within three hundred (300) feet of any school, church or other building regularly used as a place of religious worship.

Section 600.170. Qualifications. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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[CC §10.17; Ord. No. 293, 4-20-1987] No person shall be granted a license under this Chapter, unless such persons are of good moral character and a legal voter and tax-paying citizen of the Counties of St. Louis, St. Charles, Jefferson or Franklin, or the City of St. Louis, Missouri, nor shall any corporation be granted a license hereunder, unless the managing officer of such corporation is of such good moral character and a qualified legal voter and tax-paying citizen of the Counties of St. Louis, St. Charles, Jefferson or Franklin, or the City of St. Louis, Missouri; and no person shall be granted a license or a permit hereunder whose license as such dealer has been revoked, who has been convicted since the ratification of the Twenty-First Amendment to the Constitution of the United States of a violation of the provisions of any law applicable to the manufacture or sale of intoxicating liquor, wine or wine products, malt liquor or non-intoxicating beer or who employs in his business any person whose license has been revoked or who has been convicted of violating such law since the date aforesaid; and unless such person qualifies under Missouri State Law.

Section 600.180. License Revocation or Suspension. [CC §10.18; Ord. No. 293, 4-20-1987] Either the City Manager or the City Council of St. John may, on hearing, suspend or revoke any license issued under the provisions of this Chapter for good cause shown, first having given such licensee not less than ten (10) day's notice in writing of a request to suspend issuing, which notice shall command the licensee to be present at the regular meeting of the City Council and to show cause, if any, why said license should not be suspended or revoked. Provided that said licensee shall have full right to be represented by counsel at said hearing and may produce witnesses in evidence on his behalf at such hearing and provided further that such notice of suspension or revocation and date of hearing shall be served by the Director of Public Safety and may be served upon the licensee by leaving a copy thereof with the licensee or any person or employee in charge of the place of business of said licensee. It shall be the duty of the City Manager, with the assistance of the Police Department of the City of St. John, to see that the provisions of this Chapter and all other ordinances relating to the sale of intoxicating liquor, light wine, malt liquor or non-intoxicating beer are obeyed. The City Manager shall have the power and authority to prescribe and adopt such rules, regulations, and directives as may be necessary to enforce provisions of this Chapter. Any licensee hereunder who violates any of the terms of this Chapter or any rule, regulation, order or directive of the City Manager issued pursuant thereto may, in addition to other penalties herein prescribed, suffer the revocation of his license as determined by the City Manager upon a hearing, as hereinbefore provided, in front of the City Council of the City of St. John.

Section 600.190. License Displayed. [CC §10.19; Ord. No. 293, 4-20-1987] All licenses issued pursuant to the provisions of this Chapter shall be kept at the place described in such license and all such licenses shall be kept conspicuously posted in the place for which the license was issued.

Section 600.200. Original Package. [CC §10.20; Ord. No. 293, 4-20-1987] All licenses issued hereunder authorizing the sale of intoxicating liquor, wine or wine products, malt liquor or non-intoxicating beer in the original package shall be construed so as to prohibit the original package to be broken or to be consumed in or upon the premises where sold, and any such licensee suffering or permitting the same to be done shall be deemed guilty and in violation of this Chapter.


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Section 600.210. Liquor on Sunday in Restaurant Bars. [CC §10.21; Ord. No. 293, 4-20-1987; Ord. No. 362 §1, 5-1-1989; Ord. No. 776 §1(d — f), 8-4-2003] A.

Notwithstanding any other provision of this Chapter to the contrary, any person who possesses the qualifications required by this Chapter, and who now or hereafter meets the requirements of and complies with the provisions of this Chapter, may apply to the City Clerk for a license to sell intoxicating liquor by the drink for consumption on the premises of the licensee as defined in this Chapter between the hours of 9:00 A.M. and Midnight on Sunday at any restaurant bar as described in the application.

B.

All applications for a license under the provisions of this Section shall be accompanied by a certified statement from a public accountant indicating that the gross sales of the business by food and by liquor for a period of one hundred eighty (180) days immediately preceding the filing of the application; and thereafter, on all yearly renewals, a twelve (12) month statement so certified by a public accountant, indicating their gross sales by food and by liquor for the preceding year.

C.

Any new restaurant-bar having been in operation as such for less than ninety (90) days may be issued a temporary license to sell intoxicating liquor by the drink at retail for consumption on the premises between the hours of 9:00 A.M. and Midnight on Sunday for a period not to exceed ninety (90) days if the restaurant-bar can show a capability (verified, in writing, by the State of Missouri Liquor Control Division) of an annual business from prepared meals or food, prepared and consumed on the premises, of at least fifty percent (50%) of the total gross income of the restaurant- bar for the year or can show a projection of annual business from prepared meals or food consumed on the premises which would exceed not less than two hundred seventy-five thousand dollars ($275,000.00). The license fee shall be pro-rated for the ninety (90) day period of the temporary license based on the cost of the annual license fee. At the end of the aforesaid ninety (90) day period, the business must provide the City with a certified statement from a public accountant indicating the gross sales of the business by food and by liquor for the past ninety (90) day period. If these sales indicate that the business meets the requirements of this Chapter for a Restaurant-Bar Sunday sales license, then a license shall be issued for the remainder of the licensing year and the applicant shall pay the annual license fee as provided for in this Chapter, minus the amount paid for the temporary license if payment of the temporary license falls within the same yearly license period. If payment of the temporary license and the annual license are in two (2) different licensing periods, then the full amount is due for the annual license. Said license shall be renewable yearly thereafter under the terms and conditions as provided for in this Chapter.

D.

Persons holding a license under this Section shall comply with all provisions of the State law and with all other ordinances and regulations of the City of St. John relating to the sale of liquor by the drink for consumption on the premises where sold, and in addition to all other fees required by the ordinances of the City of St. John, a restaurant-bar shall be an additional fee of one hundred fifty dollars ($150.00) per year, payable at the same time and in the same manner as are other license fees.

E.

No person shall sell or offer or expose for sale in the City of St. John, any intoxicating liquor between the hours of 9:00 A.M. and Midnight on Sunday by the drink at retail for consumption on the premises of a restaurant-bar, without first procuring a license under the provisions of this Chapter.

F.

Persons eighteen (18) years of age or older may, when acting in the capacity of a waiter or waitress, accept payment for or serve intoxicating liquor, wine or wine products, malt liquor or non-intoxicating beer in restaurant-bars which are licensed under this Section; provided that nothing in this Section shall authorize persons under twenty-one (21) years of age to mix or serve across the bar any of said substances.


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Section 600.220. Sunday Liquor Sales. [CC §10.26; Ord. No. 467 §4, 7-6-1993; Ord. No. 505 §1, 11-21-1994; Ord. No. 776 §1(g), 8-4-2003] Notwithstanding the provisions of Section 600.070 or any other law to the contrary, any person possessing the qualifications and meeting the requirements of this Chapter who is licensed to sell intoxicating or nonintoxicating liquor in the original package at retail hereunder, may apply to the City for a Sunday license to sell intoxicating or non-intoxicating liquor in the original package at retail between the hours of 9:00 A.M. and Midnight on Sunday.

Section 600.230. Public Property. [CC §10.22; Ord. No. 293, 4-20-1987; Ord. No. 570 §1, 4-7-1997; Ord. No. 831 §1, 5-16-2005] A.

No person without a permit issued pursuant to Subsection (B) hereof may consume intoxicating beer, wine or wine products, malt liquor or non-intoxicating beer, or possess an opened container of intoxicating liquor, light wine, malt liquor or non-intoxicating beer on any public property owned or maintained by the City of St. John including, but without limitation, any street, sidewalk, thoroughfare, right of way, park or recreational area within the corporate limits of the City of St. John.

B.

Any person, firm or corporation may apply to the City Manager of the City of St. John, for a permit to possess or consume intoxicating liquor, light wine, malt liquor and non-intoxicating beer on public property by submitting a written application therefore stating the date, time, place and reason that such permission is desired.

C.

Open Container In A Motor Vehicle. No person may drive, operate, hold or possess any open container of any intoxicating liquor, malt liquor, beer or wine while in a vehicle on any street, thoroughfare, rightof-way within the City of St. John.

Section 600.240. Assisting a Minor in Falsification of Age. [CC §10.23; Ord. No. 293, 4-20-1987] It shall be unlawful for any person to give, lend, sell or otherwise provide any person under the age of twenty-one (21) any falsified identification of another person for the purpose of establishing the age of any person as being twenty-one (21) years of age or older when such purported or represented age is false.

Section 600.250. Penalties for Violation. [CC §10.24; Ord. No. 293, 4-20-1987; Ord. No. 1014 §1, 7-15-2013] Any person violating any of the provisions of this Chapter, except for some penalties otherwise provided, shall, upon conviction thereof, be adjudged guilty of a misdemeanor and punished by a fine not exceeding one thousand dollars ($1,000.00), or imprisonment for ninety (90) days, or by both such fine and imprisonment. Further, a conviction in any court on any violation of any provision in this Chapter or Statutes of the State of Missouri relative to the sale of intoxicating liquor, wine or wine products, malt liquor or nonintoxicating beer shall have the effect of automatically suspending the license of the person convicted and such suspension shall continue until the case is finally disposed of. If the defendant, upon final disposition is acquitted, he may apply for or receive a reinstated license. The term "conviction" as herein used shall mean conviction upon final determination of any prosecution of a violation of this Chapter or the Statutes of the State of Missouri. Further, any person having been convicted of a violation of any provision of this Chapter http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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or the Statutes of the State of Missouri shall not be issued a license or renewal thereof for a period of one (1) year from the date of said conviction. Upon conviction of any person under the provisions of this Chapter, it shall be the duty of the Municipal Judge or the Police Department to certify such conviction to the City Manager, and in the case of revocation or forfeiture of any license granted and issued under the provisions of this Chapter for cause or otherwise, the City shall, in no event, return any part of the license fee paid for such license.

Section 600.260. Adoption of State Regulations. [CC §10.25; Ord. No. 293, 4-20-1987] All terms, restrictions, regulations, and provisions of State law with respect to the regulation of intoxicating liquor, not inconsistent with the terms of this Chapter, are hereby adopted and made a part of this Chapter.

Section 600.270. Conduct Prohibited on Premises Where Alcoholic Beverages Are for Sale. [CC §11.100; Ord. No. 235, 1-7-1985] A.

It shall be unlawful for any person maintaining, owning, or operating a commercial establishment located within the City of St. John, at which alcoholic beverages are offered for sale for consumption on the premises: 1.

To suffer or permit any female person, while on the premises of said commercial establishment, to expose to the public view that area of the human breast at or below the areola thereof.

2.

To suffer or permit any person, while on the premises of said commercial establishment to employ any device or covering which is intended to give the appearance of or simulate such portions of the human female breasts as described in Subsection (A)(1).

3.

To suffer or permit any person, while on the premises of said commercial establishment to expose to the public view his or her genitals, pubic area, buttocks, anus or anal cleft or cleavage thereof.

4.

To suffer or permit any person, while on the premises of said commercial establishment, to employ any device or covering which gives the appearance of or simulates the genitals, pubic area, buttocks, anus, or anal cleft or cleavage thereof.

5.

To suffer or permit any person, while on the premises of said commercial establishment, to engage in the actual or simulated touching, caressing or fondling of the breasts, buttocks, anus, genitals or pubic area.

6.

To suffer or permit any person, while on the premises of said commercial establishment, to place paper money, coins or things of value under or into any article of clothing or part thereof worn by any other person or into any bodily orifice of another person.

B.

It shall be unlawful for any female person, while on the premises of a commercial establishment located within the City of St. John, at which alcoholic beverages are offered for sale for consumption on the premises, to expose to public view that area of the human female breast at or below the areola thereof, or for any person to employ any device or covering which is intended to give the appearance or simulate such areas of the female breast as described herein.

C.

It shall be unlawful for any person, while on the premises of a commercial establishment located within the City of St. John at which alcoholic beverages are offered for sale for consumption on the premises,


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to expose to public view his or her genitals, pubic area, buttocks, anus or anal cleft or cleavage, or to employ any device or covering which gives the appearance of or simulates the genitals, pubic area, buttocks, anus or anal cleft or cleavage. D.

It shall be unlawful for any person, while on the premises of a commercial establishment located within the City of St. John at which alcoholic beverages are offered for sale for consumption on the premises, to place paper money, coins or things of value under or into any article of clothing or any parts thereof worn by any other person or into any bodily orifice of another person.

E.

It shall be unlawful for any person, while on the premises of a commercial establishment located within the City of St. John at which alcoholic beverages are offered for sale for consumption on the premises, to allow or encourage any other person to place paper money, coins or things of value under or into any article of his or her clothing, or any part of any such article of clothing or into any of his or her bodily orifices.

F.

Any person, firm, or corporation violating any provision of this Section shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than five dollars ($5.00) nor more than one thousand dollars ($1,000.00) or by imprisonment not exceeding ninety (90) days, or by both such fine and imprisonment. [Ord. No. 1014 §1, 7-15-2013]

G.

If the owner, operator, licensee, lessor, lessee, manager, employee or any other person participating in the operation of a commercial establishment located within the City of St. John at which alcoholic beverages are offered for sale for consumption on the premises shall be convicted of any of the offenses designated in this Section, the City Council shall revoke the liquor license for said establishment after giving a reasonable notice thereof to the holder of said license and affording the holder an opportunity to be heard as to why the revocation should not be issued. Said revocation proceeding hereunder shall comply with Section 600.180 of the Municipal Code of the City of St. John.

Section 600.280. Beer in Glass Containers. [Ord. No. 500 §1, 10-17-1994] No retailer shall sell or offer for sale any beer, ale or malt liquor products in glass containers of sixteen (16) ounces or greater content, that are chilled or refrigerated at the time of sale or offer to a temperature less than the room temperature of the licensed premises at which said sale or offer occurs.

Chapter 603. Regulation of Tobacco Products Section 603.010. Prohibition of Sale of Tobacco Products to Minors. [Ord. No. 680 §1, 11-20-2000] A.

It shall be unlawful for any person to give, barter, sell, cause to be sold, buy for, distribute samples of or furnish tobacco in any of its forms, or cigarette papers, to any person under eighteen (18) years of age.

B.

It shall be unlawful for any individual under the age of eighteen (18) years to purchase, possess, accept receipt of or attempt to purchase or accept receipt of tobacco products, or to be present or offer to any person purported proof of age which is false, fraudulent or not actually his or her own for the purpose of purchasing, possessing or receiving any tobacco product.


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Section 603.020. Prohibition of Vending of Tobacco Products Without a Sign. [Ord. No. 680 §1, 11-20-2000] A.

B.

It shall be unlawful for any person to give, barter, sell, cause to be sold, distribute, furnish or permit the sale or distribution of tobacco in any of its forms, or cigarette papers, unless the premises upon which the tobacco or cigarette papers are sold or distributed prominently displays a sign which shall contain in red lettering at least one-half (½) inch high on white background: IT IS A VIOLATION OF THE LAW: 1.

FOR ANY PERSON UNDER THE AGE OF 18 TO PURCHASE OR IN ANY WAY RECEIVE CIGARETTES OR TOBACCO IN ANY OF ITS FORMS OR CIGARETTE PAPERS OR TO REPRESENT THAT HE OR SHE IS 18 YEARS OF AGE FOR THE PURPOSE OF SAID PURCHASE OR RECEIPT.

2.

FOR ANY PERSON TO SELL OR FURNISH CIGARETTES OR TOBACCO IN ANY OF ITS FORMS OR CIGARETTE PAPERS TO ANY PERSON UNDER THE AGE OF 18.

The sign referred to in Subsection (A) above shall be provided without cost by the City of St. John.

Section 603.030. Prohibition of Smoking in or Adjacent to School Buildings. [Ord. No. 680 §1, 11-20-2000] It shall be unlawful for any person to smoke or carry any lighted cigarettes, cigars, pipes or other tobacco products inside or on school property within three hundred (300) feet of any elementary, middle or secondary school building, including both public and private school buildings, except at adult-oriented functions which take place in a gymnasium, cafeteria or other assembly hall on Saturdays, Sundays or holidays or at least one (1) hour after student activities have ended on Monday through Friday; provided however, that the prohibition of smoking on school property within three hundred (300) feet of a school building shall not apply to non-students over the age of eighteen (18).

Section 603.040. Prohibition of Smoking in Day Care. [Ord. No. 680 §1, 11-20-2000] It shall be unlawful for any person to smoke any cigarettes, cigars, pipes or other tobacco products inside any day care center, in any area or room in which child care or senior care is provided, during the hours of operation of the day care center.

Section 603.050. Scope. [Ord. No. 680 §1, 11-20-2000] The provisions of Sections 603.010 through 603.040 shall apply throughout the City of St. John.

Section 603.060. Definitions. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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[Ord. No. 680 §1, 11-20-2000] The following specific definitions apply to Sections 603.010 through 603.370: CITY OF ST. JOHN The City of St. John, a municipal corporation. DAY CARE CENTER The entirety of any house or other building in any part of which care is provided for any part of the twenty-four (24) hour day for five (5) or more children who do not live on the premises including, but not limited to, all day care homes licensed by the State of Missouri. Day care center also pertains to the Home Heights Elder Care Center located in the St. John Municipal Center. PROOF OF AGE A driver's license or other documentary or written evidence that the individual is eighteen (18) years of age or older. SAMPLES A tobacco product distributed to members of the general public in a public place. SAMPLING The distribution of samples to members of the general public in a public place. SCHOOL BUILDING The entirety of any building in any part of which student education or school-sponsored student recreation, assembly or activity takes place. TOBACCO OR TOBACCO PRODUCTS Any substance containing tobacco leaf including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco or dipping tobacco. VENDING MACHINE Any mechanical, electric or electronic, self-service device which, upon insertion of money, tokens or any other form of payment, dispenses tobacco products.

Section 603.070. License Required. [Ord. No. 680 §1, 11-20-2000] A.

No person shall sell tobacco products unless the person is authorized to do so by a license issued by the City of St. John or is an employee or agent of a person who has been issued a license by the City of St. John. For the purposes of this Section, the person deemed to sell tobacco products through a vending machine is the owner where said machine is located. The prohibition of this Subsection shall not apply to a manufacturer of tobacco products or a wholesaler of tobacco products.

B.

The annual license fee for the retail sale of tobacco products is as follows: 1.

One hundred twenty-five dollars ($125.00) for each retail establishment where tobacco products are sold other than by vending machine. A separate license shall be required for each such retail establishment.

2.

One hundred twenty-five dollars ($125.00) for each retail establishment where tobacco products are sold other than by vending machine, provided said tobacco products are kept for sale behind a counter not accessible to the general public, and are available for purchase only through an employee of said retail establishment, and further provided that said retail establishment has


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annual gross receipts of fifty thousand dollars ($50,000.00) or less on all merchandise sold at said retail establishment. 3.

Twenty-five dollars ($25.00) for each vending machine. A separate license shall be required for each vending machine through which tobacco products are sold.

C.

A license for the sale of tobacco products shall be valid for a term of one (1) calendar year. Application for renewal of licenses for the sale of tobacco products must be filed on or before the last day of February of each calendar year in conjunction with the annual business license.

D.

Every application for a license under this Section shall be made in writing upon a form provided by the City of St. John and shall set forth the name under which the applicant transacts or intends to transact business, the location of the place of business or vending machine for which the license is to be issued, and any other identifying information that the City of St. John may require. Nothing in this Section precludes the owner of a vending machine from obtaining and completing the retail license application for the owner of the business establishment in which the vending machine is to be located. However, in such a case, the owner of the business establishment in which the vending machine is to be located is the retail licensee and must sign the application and is subject to all obligations, requirements, penalties and conditions of said licensees imposed by this Chapter.

E.

Every license for sale of tobacco products issued by the City of St. John shall be renewed upon application except as otherwise provided in this Section. Upon notification of a change of ownership, the new owner must apply for a license. No license is transferable.

F.

The City of St. John shall issue a license or renewal of a license within thirty (30) days of receiving a properly completed application and the applicable license fee. A license or renewal thereof shall not be withheld or denied except pursuant to Section 603.080; provided however, that no license shall be issued for the sale of tobacco products through a vending machine unless the applicant certifies compliance with the restrictions set forth in Section 603.100 with respect to the machine for which the license is requested. No terms or conditions shall be imposed for the issuance, maintenance or renewal of a license except as specified in this Section.

Section 603.080. Suspension and Revocation of Licenses — Hearing Required. [Ord. No. 680 §1, 11-20-2000] A.

The City Manager of the City of St. John or his designate representative shall have the power to suspend or revoke any license issued pursuant to this Code for the reasons set forth herein.

B.

No license shall be suspended or revoked until the licensee has been afforded an opportunity for a hearing before the City Manager of the City of St. John or his designate representative after notice of at least ten (10) days.

C.

Notice shall be served either personally or by first class mail, postage pre-paid, to the licensee's address of record and shall state the date, time and place of hearing and set forth the charges against the licensee.

D.

A licensee shall have the opportunity to present evidence and/or witnesses before the City Manager of the City of St. John or his designate representative in person or by counsel. A record of the hearing shall be made. The City Manager of the City of St. John or his designate representative shall issue a decision in writing denying or compelling suspension or revocation within ten (10) days of the conclusion of the hearing.


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E.

F.

A license issued under Section 603.070 for a particular place of business or vending machine shall be suspended or revoked, and not renewed, for a period of: 1.

Seven (7) business days upon a determination by the City Manager of the City of St. John or his designate representative that there has been a second (2nd) violation of either Section 603.010(A) or Sections 603.080 to 603.100 involving the same place of business or vending machine location within two (2) years; or

2.

Thirty (30) business days upon a determination by the City Manager of the City of St. John or his designate representative that there has been a third (3rd) violation of either Section 603.070(A) or Sections 603.080 to 603.100 involving the same place of business or vending machine location within two (2) years; or

3.

One hundred twenty (120) days upon a determination by the City Manager of the City of St. John or his designate representative that there has been a fourth (4th) violation of either Section 603.010(A) or Sections 603.080 to 603.110 involving the same place of business or vending machine location within two (2) years.

No more than one (1) violation shall be attributed per day to a license holder for purposes of Subsection (E) of this Section. A violation committed by an employee or agent, and attributed to a license holder, shall be counted only once for purposes of Subsection (E) of this Section.

Section 603.090. Proof of Age. [Ord. No. 680 §1, 11-20-2000] A person selling or distributing tobacco products shall require proof of age from any prospective purchaser or recipient unless such person has reasonable and certain knowledge that the prospective purchaser or recipient is eighteen (18) years of age or older.

Section 603.100. Sales Through Vending Machines. [Ord. No. 680 §1, 11-20-2000] A.

No person shall sell tobacco products in the City of St. John through a vending machine unless the vending machine is located: 1.

In areas of factories, business, offices or other places that are not open to the public;

2.

In places that are open to the public but to which persons under the age of eighteen (18) years are denied access;

3.

In other places, but only if the machine:

4.

a.

Is under the continuous active supervision of the owner or lessee of the premises or an employee thereof; or

b.

Can be operated only by the activation of an electronic switch by the owner or lessee of the premises or an employee thereof prior to such purchase; and

c.

Is inaccessible to the public when the establishment is closed.

In any place where continuous active supervision of a vending machine, or activation of an electronic switch, is required by Subsection (C) of this Section, the person responsible for that supervision or the activation of the switch shall demand proof of age from a prospective


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purchaser unless such person has reasonable and certain knowledge to believe that the prospective purchaser is eighteen (18) years of age or older.

Section 603.110. Joint Responsibility — Vicarious Responsibility. [Ord. No. 680 §1, 11-20-2000] A.

If a sale is made in violation of this Chapter by an employee of the owner of a retail establishment at which tobacco products are sold, both the employee and the owner shall be guilty of the violation and be subject to the fine. If the sale is made through a vending machine, the owner of the establishment where the machine is located shall be guilty of the violation and be subject to the fine; provided however, that if the proprietor has made an employee responsible for supervising the machine, such employee shall also be guilty of the violation and be subject to the fine.

B.

Except as otherwise provided herein, every act or omission of whatsoever nature constituting a violation of any of the provisions of this Chapter by any officer, director, manager or other agent or employee of any licensee shall be deemed and held to be the act of such licensee; and such licensee shall be punishable in the same manner as if such act or omission had been done or omitted by the licensee personally.

C.

A person who holds a license issued under Section 603.070 shall not be subject to the seven (7) day suspension provided under Subsection (E)(1) of Section 603.080 for a violation committed by an employee or agent if the license holder affirmatively demonstrates that the license holder has in place a system of ongoing education and training, internal compliance checks and disciplinary actions reasonably designed to prevent such violations.

Section 603.120. Free Distribution of Tobacco Products Restricted. [Ord. No. 680 §1, 11-20-2000] A.

It shall be unlawful for any person to distribute tobacco products samples in or on any public street, sidewalk or park that is within five hundred (500) feet of any playground, school or other facility when the facility is being used primarily by persons under the age of eighteen (18) years.

B.

A person engaged in sampling shall demand proof of age from a prospective recipient if such person has reason to believe that the prospective recipient is under the age of eighteen (18) years.

C.

It shall be unlawful for any licensee or any person in the business of selling or otherwise distributing, promotion or advertising tobacco products, or any employee or agent of any such licensee or person, in the course of such licensee's or person's business, to distribute, give away or deliver tobacco products free of charge to any person on any public right-of-way, park, playground or other property owned by the City of St. John.

Section 603.130. Sale of Single Cigarettes Prohibited. [Ord. No. 680 §1, 11-20-2000] No person shall sell cigarettes individually. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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Section 603.140. Enforcement. [Ord. No. 680 §1, 11-20-2000] A.

The City of St. John shall have the authority to enforce Sections 603.010 and 603.080 to 603.130 in a manner that can reasonably be expected to reduce the extent to which tobacco products are sold or distributed to persons under the age of eighteen (18) years, and shall conduct a minimum of two (2) random, unannounced enforcement checks per year at locations where tobacco products are sold or distributed, some of which will be compliance checks involving minors. However, it shall be required that the City of St. John perform compliance checks involving minors annually on no less than fifty percent (50%) of all locations licensed by the City of St. John to sell tobacco products. License fees collected pursuant to Section 603.070 shall be used to offset the costs of enforcement by the City of St. John Police Department. The St. John Police Department shall submit to the City Council an annual report summarizing the results of its compliance inspections.

B.

Persons under the age of eighteen (18) years may be enlisted to test compliance with Sections 603.010 and 603.080 to 603.130; provided however, that such persons may be used to test compliance only if written parental consent is on file with the City of St. John and only under the auspices and supervision of the St. John Police Department.

C.

Private organizations may involve themselves in enforcement activities through the City of St. John. Any activities to test compliance with the provisions of this Chapter shall be under the supervision or auspices of the St. John Police Department.

Section 603.150. Penalties. [Ord. No. 680 §1, 11-20-2000] A.

Except as otherwise provided in this Section, every person who shall be convicted of any violation of Sections 603.010, 603.030, 603.040 or 603.130 shall be fined not more than twenty-five dollars ($25.00) for the first (1st) such conviction; not more than fifty dollars ($50.00) for the second (2nd) such conviction; and up to a maximum of one hundred dollars ($100.00) for any subsequent conviction.

B.

As a condition of probation, every person who shall be convicted of any violation of Section 603.010(B) may be required to attend a smoking awareness or other tobacco education program as may be approved by the St. John Municipal Court.

C.

Every person who shall be convicted of any violation of Section 603.020 shall be fined not more than one hundred dollars ($100.00).

D.

Any licensed holder, employee or agent that violates any provision of Section 603.010(A) or Sections 603.080 through Section 603.120 shall be subject to: 1.

A fine of not less than twenty-five dollars ($25.00) for the first (1st) violation within a two (2) year period;

2.

A fine of not less than one hundred dollars ($100.00) for the second (2nd) violation within a two (2) year period;

3.

A fine of not less than two hundred dollars ($200.00) for the third (3rd) violation within a two (2) year period; and

4.

A fine of five hundred dollars ($500.00) for any additional violation within a two (2) year period.


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E.

Any person who violates Section 603.070(A) shall be subject to a fine of not less than fifty dollars ($50.00) and not more than one thousand dollars ($1,000.00). [Ord. No. 1014 §1, 7-15-2013]

F.

Any person who violates the provisions of Section 603.120 shall be subject to a fine of not less than fifty dollars ($50.00). If the tobacco product is distributed by an employee engaged in the business of sampling, the employer shall be guilty of the violation and shall be subject to the fine.

G.

For purposes of determining the liability of a person controlling franchises or business operations in multiple locations for a second (2nd) or subsequent violation under this Section, each individual franchise or business location shall be deemed a separate entity.

Chapter 605. Business Licenses and Occupational Taxes Article I. Business Licenses — Generally Section 605.010. Definition of Business. [CC §7.01; Ord. No. 349 §2, 12-5-1988] A.

Any person engaged in or carrying on the business of selling any goods, wares, merchandise, or services at any store, stand or place occupied for that purpose within the City of St. John is hereby declared to be a "retail or wholesale business". The term "business", "merchant", "retail merchant" and "wholesale merchant" as used in this Chapter includes not only any person who sells goods, wares and merchandise at retail or wholesale to customers, but shall also include any person conducting any business in connection with contracts for services of any kind, except as is or may be otherwise provided by this Code or State law.

B.

No person shall be granted a license under this Chapter unless such person is of good moral character, nor shall any corporation be granted a license hereunder unless the managing officer of such corporation is of good moral character. It is the City Manager's responsibility to devise a procedure by which to determine if an applicant is of good moral character.

Section 605.020. Occupancy Permit and Business License Required. [CC §7.02; Ord. No. 349 §2, 12-5-1988] Every person coming within the foregoing definitions of a business, before doing or offering to do business as such, shall procure from the City Manager's Office an occupancy permit and a business license therefor in conformity with the provisions of this Chapter.

Section 605.030. License, Application and Affidavit Forms. [CC §7.03; Ord. No. 349 §2, 12-5-1988] It shall be the duty of the City Manager's Office to furnish the appropriate forms for business/manufacturers' licenses, applications and affidavits as required by this Chapter. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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Section 605.040. License Non-Assignable. [CC §7.04; Ord. No. 349 §2, 12-5-1988] No license hereunder shall be transferable or assignable from one (1) person, partnership, or corporation to another. Any significant change in the ownership, corporation structure, officers and/or managers must be registered with the City of St. John and the process of application (excluding license fee assessment) must be repeated for all new owners, officers and managers.

Section 605.050. Business/Manufacturers Accounts. [CC §7.05; Ord. No. 349 §2, 12-5-1988] It shall be the duty of each business to keep proper books or records of all gross sales made by such business.

Section 605.060. False Return. [CC §7.06; Ord. No. 349 §2, 12-5-1988] Any person who makes or files a false statement with the City Manager's Office under the provisions of this Chapter shall forfeit his license and be deemed guilty of a misdemeanor. It shall be the duty of the City Manager's Office to carefully examine all statements filed with them and to initiate prosecution of all violations of this Chapter according to law. Before instituting any such prosecution, they shall give the merchant an opportunity to explain the statement and to correct it if inadvertently made. If it appears to the City Manager that such false statements were willfully made, he shall report all the facts to the City Attorney.

Section 605.070. Failure to Pay Business Taxes. [CC §7.07; Ord. No. 349 §2, 12-5-1988; Ord. No. 832 §1, 6-6-2005] A.

In the event any business shall fail or refuse to deliver the statements herein required to the City Manager's Office and to pay the merchant's license tax levied by this Chapter prior to March first (1st) of each year and in the event such business shall continue after said first (1st) day of March to operate their business and to sell goods, wares, and merchandise in the City of St. John, upon conviction thereof, such business shall be punished by a fine as provided in Section 605.200 hereof, and each day of sales of goods, wares and merchandise hereunder in violation of the provisions of this Chapter shall constitute a separate offense. Any business that ceases operations prior to February first (1st), shall be assessed the minimum license fee.

B.

In the event any business shall fail to license their business within five (5) days after which they have been issued their first (1st) summons, the City Manager may, at his discretion, force the unlicensed business to close until all back license taxes and penalties are paid. Payment of said taxes and penalties in no way releases said business from appearing in the Municipal Court to answer any charges which may have been filed against them.

Section 605.080. Business Statements. [CC §7.08; Ord. No. 349 §2, 12-5-1988; Ord. No. 832 §§2 — 3, 6-6-2005] http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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A.

Final Statement. Every retail or wholesale business shall, whether notified or not, furnish the City Manager's Office prior to March first (1st) of each year, a notarized statement of the aggregate amount of all sales made by such business during the preceding calendar year, and a copy of their sales tax form(s) or sales tax coupon(s) mailed into the State showing the total amount of gross sales for the previous calendar year, and pay the balance of any license tax which may be due on such sales.

B.

Estimated Statement. Prior to March first (1st) of each year, whether notified or not, every retail and wholesale business shall file with the City Manager's Office a notarized statement of the estimated gross sales for their business during the current calendar year and pay the license fee based upon such estimated sales.

C.

New Merchants. Any person who commences business in the City as a retail/wholesale merchant, shall make application to the City Manager's Office for an occupancy permit and business license and pay the minimum license tax of one hundred fifty dollars ($150.00). At the same time they must submit a notarized estimate of gross sales expected during the current year and pay the appropriate license tax which may be due on such sales. Thereafter, prior to March first (1st) of the following calendar year, such merchant shall file with the City Manager's Office a notarized statement of the annual gross sales during the preceding calendar year, and a copy of their sales tax form(s) or sales tax coupon(s) mailed into the State showing the total amount of gross sales for the previous calendar year, and pay the additional license tax for such year, if any.

D.

Statement Under Oath. The statements required under this Section shall be notarized and in writing on forms furnished by the City Manager's Office, and verified by affidavit of the merchant or his authorized agent.

E.

Statements of Conduct of Business. When required to assess the proper amount of merchant tax, the merchant will provide to the City the number of beauticians, chairs, bowling alleys, and/or salesmen, housed within an operational location; and any other such information necessary to determine the correct tax. This statement will be made on forms furnished by the City Manager's Office.

Section 605.090. Business Rate of Taxation. [CC §7.09; Ord. No. 349 §2, 12-5-1988; Ord. No. 765 §1, 5-19-2003] A.

A business license tax is hereby levied upon each business as defined in Section 605.010, and upon each separate place of business of such merchant; and license tax shall be computed on the amount of gross sales in the City of St. John during the preceding calendar year and on the estimated gross sales for the upcoming year as follows: 1.

Taxation of the first $25,000.00 of gross sales. On the first twenty-five thousand dollars ($25,000.00) or fraction thereof, the sum of one hundred fifty dollars ($150.00), which shall be the minimum tax hereunder.

2.

Taxation of amounts between $25,000.00 and $1,000,000.00. Amounts in excess of twenty-five thousand dollars ($25,000.00) but not in excess of one million dollars ($1,000,000.00) shall be taxed the sum of one dollar ($1.00) for each one thousand dollars ($1,000.00), or fraction thereof, in addition to the amount provided in Subsection (1) above. [e.g., Merchant's tax on income of fifty-seven thousand dollars ($57,000.00) would be one hundred fifty dollars ($150.00) for the first twenty-five thousand dollars ($25,000.00), plus thirtytwo dollars ($32.00) (one dollar ($1.00) tax on each thousand dollars ($1,000.00) or fraction thereof over twenty-five thousand dollars ($25,000.00)), which would equal a total tax of one hundred eighty-two dollars ($182.00).]

3.

Taxation of amounts between $1,000,000.00 and $2,000,000.00. Amounts in excess of one


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million dollars ($1,000,000.00), but not in excess of two million dollars ($2,000,000.00), shall be taxed the sum of seventy-five cents ($.75) for each one thousand dollars ($1,000.00) or fraction thereof, in addition to the amounts provided in Subsections (1) and (2) above. 4.

Taxation of amounts in excess of $2,000,000.00. Amounts in excess of two million dollars ($2,000,000.00) shall be taxed the sum of sixty cents ($.60) for each one thousand dollars ($1,000.00) or fraction thereof, in addition to the amounts provided in Subsections (1), (2) and (3) above.

5.

Wholesale merchants taxation. The license fee for wholesale merchants shall be eighty percent (80%) of the amount set forth in Subsections (1), (2), (3) and (4) above with a minimum fee of one hundred fifty dollars ($150.00) for retail merchants and shall be computed in like manner. [e.g., Business tax on wholesale income of one million five hundred thousand dollars ($1,500,000.00) would be one hundred fifty dollars ($150.00) for the first twenty-five thousand dollars ($25,000.00), plus nine hundred seventy-five dollars ($975.00) (one dollar ($1.00) tax on each one thousand dollars ($1,000.00) or fraction thereof over twenty-five thousand dollars ($25,000.00) up to one million dollars ($1,000,000.00), plus three hundred seventy-five dollars ($375.00) (seventy-five cent ($.75) tax on each one thousand dollars ($1,000.00) or fraction thereof over one million dollars ($1,000,000.00)) = $1,400.00 x 80% = $1,120.00 total tax due].

Section 605.100. Procedure for Collecting. [CC §7.10; Ord. No. 349 §2, 12-5-1988] The blank license application provided for in Section 605.050 shall be made and entered as a sworn statement required by this Chapter.

Section 605.110. "DRAM" Shops. [CC §7.11; Ord. No. 349 §2, 12-5-1988] This Chapter and any business license issued herein shall not be construed to authorize any merchants to operate a "dram" shop. A "dram" shop being a business selling paraphernalia, apparatus, materials or equipment associated with controlled substances.

Section 605.115. Sexually Oriented Businesses. [Ord. No. 712 §1, 9-17-2001] This Chapter and any business license issued herein shall not be construed to authorize any merchants to operate a business which sell products or provides adult entertainment, to include but not be limited to adult bookstores; adult novelty stores; adult video stores; adult entertainment, which provides or can be construed as exotic, provocative, or semi-nude or sexually explicit dancing or any other sexually oriented business, irrespective of the issuance of any license to serve alcoholic beverages.

Article II. Manufacturer's Taxes Section 605.120. Definition of Manufacturer. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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[CC §7.12; Ord. No. 349 §2, 12-5-1988] Every person who shall engage in the production of any article, thing or object, by skill or labor from or by chemical process devised and directed by human skill or by the employment of machinery, out of raw materials or from matter which has already been subject to artificial forces or to which something has been added to change its natural condition or who shall purchase and sell manufactured articles such as he manufactures or uses in manufacturing, shall be considered a "manufacturer" for the purpose of this Chapter.

Section 605.130. License Required. [CC §7.13; Ord. No. 349 §2, 12-5-1988] Every manufacturer, before doing or offering to do business as such, shall procure from the City Manager's Office an occupancy permit and business license in conformity with the provisions of this Chapter. Application for such occupancy permit and license shall be on forms furnished by the City Manager's Office.

Section 605.140. License Not Transferable. [CC §7.14; Ord. No. 349 §2, 12-5-1988] A manufacturer's license shall not be transferable and shall not entitle the licensee to carry on a business at more than one (1) place in the City at the same time. Any significant change in the ownership, corporation structure, officers and/or managers must be registered with the City of St. John and the process of application (excluding license fee assessment) must be repeated for all new owners, officers and managers.

Section 605.150. Manufacturer's Statements. [CC §7.15; Ord. No. 349 §2, 12-5-1988; Ord. No. 832 §§4 — 5, 6-6-2005] A.

New Manufacturers. When any person commences business in the City as a manufacturer, they shall make application to the City Manager's Office for an occupancy permit and business license and pay the minimum license tax of two hundred twenty-five dollars ($225.00). At the same time they must submit an estimate of the aggregate dollar value of all goods to be made by said manufacturer for the upcoming year, and pay the balance of any license tax which may be due on such sales. Thereafter, prior to March first (1st) of the following calendar year, such merchant shall file with the City Manager a certified statement of the annual aggregate sales during the preceding calendar year, and a certified copy of their annual sales tax form or copies of sales tax coupons mailed into the State throughout the year, showing the total amount of gross gales for the previous calendar year, and an estimate of the aggregate dollar value of all goods to be made by said manufacturer for the upcoming year, and pay the balance of any license tax which may be due on such sales.

B.

Renewals. Prior to March first (1st) of each year, every manufacturer shall, whether notified or not, furnish the City Manager a certified statement of the aggregate amount of all sales made by such manufacturer during the preceding calendar year, a certified copy of their annual sales tax form or copies of sales tax coupons mailed into the State throughout the year showing the total amount of gross sales for the previous calendar year, and their estimate of the aggregate dollar value of all goods to be made by said manufacturer for the upcoming year, and pay the balance of any license tax which may be due on such sales.

C.

Statement Under Oath. The statements required under this Section shall be notarized and in writing on forms furnished by the City Manager's Office, and signed by the merchant or his authorized agent.


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D.

Statements of Conduct of Business. When required to assess the proper amount of tax, the manufacturer will provide to the City any information necessary to determine the correct tax. This statement will be made in writing to the City Manager's Office.

E.

Basis of Estimate. In estimating such values, manufacturers engaged in business in the City of St. John during the preceding calendar year, or fraction thereof, shall base their estimate upon the actual value of goods manufactured during such preceding calendar year. A manufacturer commencing business during the calendar year shall estimate the value of goods to be manufactured for the unexpired portion of the current calendar year based upon the best information obtainable, but in no event shall it pay less than the minimum tax provided by this Chapter.

F.

Adjusted Return. At the close of each calendar year, and upon application for a renewal license for the then-current year, each manufacturer shall, in addition to the estimate required for the then-current calendar year, make an adjusted return for the preceding calendar year, showing the actual value of goods manufactured during such preceding calendar year, the tax due thereon and the amount of tax previously paid. If the adjusted return shows that the manufacturer has overpaid its tax, it shall be entitled to a refund or to a credit on its tax for the then-current calendar year, but if such return shall show that it shall have underpaid its tax, it shall pay the additional tax due.

Section 605.160. Manufacturer's Tax. [CC §7.16; Ord. No. 349 §2, 12-5-1988; Ord. No. 765 §1, 5-19-2003] A.

There shall be levied and collected by the City Manager of the City of St. John, a manufacturer's license tax for each calendar year, or portion thereof, on the aggregate sales by such manufacturer, as hereinabove provided, which is computed as follows: 1.

Taxation of the first $25,000.00 of aggregate sales. On the first twenty-five thousand dollars ($25,000.00) or fraction thereof the sum of two hundred twenty-five dollars ($225.00), shall be the minimum tax hereunder.

2.

Taxation of amounts between $25,000.00 and $500,000.00. Amounts in excess of twenty-five thousand dollars ($25,000.00) but not in excess of five hundred thousand dollars ($500,000.00) shall be taxed the sum of one dollar ($1.00) for each one thousand dollars ($1,000.00), or fraction thereof, in addition to the amount provided in Subsection (1) above. [e.g., Manufacturer's tax on income of fifty-seven thousand five hundred dollars ($57,500.00) would be two hundred twentyfive dollars ($225.00) for the first twenty-five thousand dollars ($25,000.00), plus thirty-three dollars ($33.00) (one dollar ($1.00) tax on each one thousand dollars ($1,000.00) or fraction over twenty-five thousand dollars ($25,000.00), which would equal a total tax of two hundred fiftyeight dollars ($258.00)].

3.

Taxation of amounts between $500,000.00 and $1,000,000.00. Amounts in excess of five hundred thousand dollars ($500,000.00) but not in excess of one million dollars ($1,000,000.00), shall be taxed the sum of seventy-five cents ($.75) for each one thousand dollars ($1,000.00) or fraction thereof, in addition to the amounts provided in Subsections (1) and (2) above.

4.

Taxation of amounts in excess of $1,000,000.00. Amounts in excess of one million dollars ($1,000,000.00), shall be taxed the sum of fifty cents ($.50) for each one thousand dollars ($1,000.00) or fraction thereof, in addition to the amounts provided in Subsections (1), (2) and (3) above with a minimum fee of one hundred fifty dollars ($150.00).

Section 605.170. Accounts. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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[CC §7.17; Ord. No. 349 §2, 12-5-1988] It shall be the duty of each manufacturer to keep a proper book and enter in ink an account of the dollar value of all goods manufactured by him which account shall always be open to the inspection of the City Manager's Office to verify the returns made by him.

Section 605.180. Failure to Pay Manufacturer's Taxes. [CC §7.18; Ord. No. 349 §2, 12-5-1988; Ord. No. 832 §6, 6-6-2005] A.

In the event any manufacturer shall fail or refuse to deliver the statements herein required to the City Manager's Office and to pay the manufacturer's license tax levied by this Chapter prior to March first (1st) of each year and in the event such manufacturer shall continue to operate their business on or after March first (1st), and to sell and/or manufacture goods, wares, and merchandise, in the City of St. John, upon conviction thereof such manufacturer shall be punished by a fine as provided in Section 605.200, and each day of sales of goods, wares and merchandise hereunder in violation of the provisions of this Chapter shall constitute a separate offense.

B.


Article III. Confidentiality — Penalties Section 605.190. Tax Returns Confidential. [CC §7.95; Ord. No. 349 §2, 12-5-1988] It shall be unlawful for the City Manager or any other employee or officer of the City to reveal, divulge, give out or impart to any other person or persons any information relative to or the contents of any business's license tax return filed under this Chapter or to permit any other person to see, inspect, examine or copy the same. This provision shall not prohibit the City Manager or any City employee, official, or auditor from proceeding in the Administrative tribunal in any proceeding brought to collect any business license tax due or to question or determine the validity or correctness of the contents of any return under this Chapter, or to punish any person for making false or fraudulent returns.

Section 605.200. Penalty Provisions. [CC §7.96; Ord. No. 349 §2, 12-5-1988; Ord. No. 832 §7, 6-6-2005] A.

Any person, firm, corporation or association violating any of the provisions of Chapters 605 and 610, not accompanied by a penalty provision, in addition to the revocation of his or her license, shall be liable for a fine or penalty of not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000.00) for each such offense, or imprisonment for ninety (90) days, or by both such fine and imprisonment. Each offense being each day that said person, firm or corporation shall be in violation of any provision of this Chapter. [Ord. No. 1014 §1, 7-15-2013]

B.

In addition to any other penalties that may be assessed, any person who is required to obtain a license


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and has failed to do so, or any person who has not renewed their expired license under the provisions of Chapters 605 and 610, shall be assessed late penalties on each license due as follows: 1.

2.

Existing businesses. a.

An initial penalty of twenty-five dollars ($25.00) shall be assessed on the first (1st) day of March for all unrenewed licenses.

b.

In addition to the initial twenty-five dollar ($25.00) penalty for unrenewed licenses, an additional fee of ten dollars ($10.00) per month or any portion of the month shall be assessed beginning with the first (1st) business day of March and continuing each month thereafter until such time the license fee and all applicable penalty/late fees have been paid in full. This penalty shall be paid into the City's General Fund.

New businesses. a.

An initial penalty of one hundred dollars ($100.00) shall be assessed on the first (1st) day a new business is in operation without first having obtained their business license.

b.

In addition to the initial one hundred dollar ($100.00) penalty for a new business operating without license, an additional fee of twenty-five dollars ($25.00) per month or any portion of the month shall be assessed beginning with the first (1st) day the new business is in operation without first having obtained their business license. This penalty shall be paid into the City's General Fund.

Chapter 610. Miscellaneous Business Licenses — Regulations Cross Reference — As to penalty provisions, see §605.200 of this Title.

Article I. In General Section 610.010. License Required. [CC §7.55; Ord. No. 349 §2, 12-5-1988] Hereafter no person, firm, corporation, partnership or trustee shall engage in any of the various businesses, employments, agencies, amusements or exhibitions or service-type business, own, manage, operate or control any public buildings, public halls, or any of the other matters hereinafter listed, until such person, firm, corporation, partnership or trustee shall first apply for and obtain an occupancy permit and business license to do so. The applicant for such license shall be investigated by the City Manager or his designee as to the propriety of issuing such license. The City Manager shall then, when convinced of the propriety of such application, issue such license upon payment of the license fee as hereinafter required.

Section 610.020. Fees Prescribed. [CC §7.56; Ord. No. 349 §2, 12-5-1988; Ord. No. 765 §§2 — 3, 5-19-2003] A.

License Fees Generally.


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1.

For the various businesses listed below, the following yearly business license fees are set: Banks/lending institutions, etc. $750.00 Ice cream vendors (mobile) $50.00 Loan companies $400.00 (i.e. Pay day loans, title loans, check cashing loans, etc.) Nursing homes (per State licensed bed). $10.00 Office with no sales (per square foot) $0.10 Off-site ATM machines (per machine) $300.00 Solicitors (door-to-door per person) $50.00 See Subsection (C) hereof also Towed vehicle temporary storage lots $250.00 Trash haulers $150.00 Warehouses (per square foot) $0.10

2.

In the instance that any of the above-stated fees calculate out to an amount lower than the minimum license fees, the minimum retail license fees will prevail.

3.

For businesses which will be converting from a flat rate license fee to a gross sales/service fee rate, a "three (3) year phase-in" period is hereby created. Businesses will pay one-third (⅓) of the business license fee due under the new schedule the first (1st) year, two-thirds (⅔) of the business license fee due under the new schedule the second (2nd) year, and the full amount due under the new schedule the third (3rd) year and each year thereafter. The phase-in period will not apply to any business who did not have a business license issued at the time of the August 5, 2003 election.

B.

All businesses not listed herein shall be taxed on gross sales unless a specific license is issued to that business under another Section of this Title.

C.

Canvassers, Peddlers, Solicitors And Political Solicitors. 1.

Canvassers, peddlers, solicitors and political solicitors for profit must register with the City Manager's office and upon payment of a fee of fifty dollars ($50.00) per person so canvassing, peddling or soliciting, shall receive proper identification therefore, to conduct said business during daylight hours only.

2.

Canvassers, peddlers, solicitors and political solicitors, not for profit, must register said organization with the City Manager's office and obtain identification for each person of the organization so canvassing, peddling or soliciting. Soliciting may be conducted during daylight hours only, with no charge therefore.

D.

No person or organization shall be granted a license under this Section unless such person or organization is of good moral character. It is the City Manager's responsibility to determine if an applicant is of good moral character.

E.

The yearly license fee is based on the guidelines as set forth in Section 605.090. No license to operate a tow truck shall be issued until and unless the applicant shall first obtain a policy of insurance from a company authorized to do business in the State of Missouri or a bond of indemnity, acceptable to the City Manager, with limits for bodily injury liability of at least twenty-five thousand dollars ($25,000.00) for each person, fifty thousand dollars ($50,000.00) for each accident and property damage liability of ten thousand dollars ($10,000.00) for each accident.

Section 610.030. License to Be Posted. [CC §7.57; Ord. No. 349 §2, 12-5-1988] http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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Whoever shall obtain a license under the provisions of this Title shall keep the same posted in a conspicuous place so that it may be seen readily by a Police Officer or any officer or official of the City.

Section 610.040. Payable — When. [CC §7.58; Ord. No. 349 §2, 12-5-1988; Ord. No. 832 §8, 6-6-2005] All licenses herein-mentioned shall become due and payable prior to the first (1st) day of March of each year unless otherwise stated. Any person, firm or corporation that fails to secure the same shall be prosecuted for said failure. Any business that ceases operations prior to March first (1st) shall be assessed the minimum license fee.

Section 610.050. Palmistry Prohibited. [CC §7.54; Ord. No. 349 §2, 12-5-1988] It shall be unlawful for any person, firm or corporation to engage in the business of being a spiritualist, clairvoyant, medium, palmist or fortune teller, or any of the other similar or related businesses, whether known by such name or not in the City of St. John.

Section 610.060. Nude Photo Studios — Prohibited. [CC §11.80; Ord. No. 32, 12-16-1974] It shall be unlawful for any person, firm or corporation to own, operate or promote any store, office, parlor or other establishments within the corporate limits of the City of St. John which promote the painting, photographing or exhibiting of nude bodies to the general public.

Article II. Private Guards and Night Watchmen Section 610.070. Registration Required. [CC §7.64; Ord. No. 349 §2, 12-5-1988] It shall be unlawful for any person to be employed as a night watchman, security guard, private patrolman, in or about any commercial establishment within the corporate limits of the City of St. John, unless he shall produce a valid identification card issued by the St. Louis County Police Department and comply with the regulations promulgated by the City of St. John.

Section 610.080. Registration Forms — Contents of. [CC §7.65; Ord. No. 349 §2, 12-5-1988] Registration forms may be obtained from the City Manager's Office and shall be forms as the City Manager shall prescribe.

Article III. Sidewalk Sales http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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Section 610.090. Goods for Sale on Sidewalks and Right of Ways Prohibited. [CC §7.90; Ord. No. 349 §2, 12-5-1988] A.

It shall be unlawful to place and display for sale upon any public sidewalk and/or right of way within the City of St. John any groceries, provisions, commodities, vegetables, fruit, produce, goods, wares or merchandise without a permit issued by the City Council.

B.

Said permit, when granted, shall be authorized for no more than seven (7) consecutive days and no more than three (3) permits shall be issued to any one establishment during a calendar year.

Article IV. Used Automobile Sales and Vehicle Body Shops Section 610.100. Used Automobile Sales — Licenses Limited. [CC §7.91; Ord. No. 349 §2, 12-5-1988] No more than one (1) license to sell used automobiles shall be granted for every five thousand (5,000) inhabitants of the City, or fractional part thereof.

Section 610.110. Vehicle Body Shops — Licenses Limited. [CC §7.92; Ord. No. 349 §2, 12-5-1988] No more than one (1) license to repair, fabricate, paint, alter or otherwise work on vehicle bodies of any and all types may be granted for every two thousand five hundred (2,500) inhabitants of the City, or any fractional part thereof.

Section 610.120. Vehicle Repair Shops — Licenses Limited. [CC §7.93; Ord. No. 349 §2, 12-5-1988] No more than one (1) license to repair vehicles (other than provided for in Section 610.110) may be granted for every one thousand one hundred (1,100) inhabitants of the City, or any fractional part thereof.

Section 610.130. License Limitation Exception. [CC §7.94; Ord. No. 349 §2, 12-5-1988] Notwithstanding the provisions of Sections 610.100, 610.110, and 610.120, a license to sell used automobiles, repair vehicle bodies and/or repair vehicles in general may be granted to the operator of a full service new automobile dealership.

Article V. Tree Trimming http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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Section 610.140. Permit Required for Tree Trimming. [CC §11.112; Ord. No. 463 §§1 — 2, 5-17-1993] A.

Any person, firm or corporation who has entered into a contract with a utility company to trim or cut down a tree located within the City of St. John shall first obtain a permit in writing from the City Manager or his designated representative which will include the following information: 1.

Location(s) of trees being trimmed or removed.

2.

Utility company who contracted tree service.

3.

Proof of insurance indemnifying the City of St. John.

B.

In addition to supplying the above information, said company shall haul away any limbs, stumps, roots or debris from the area which was the result from said contractual work.

C.

Said company agrees to clean up area and restore to the original conditions prior to the contracted work.

D.

Any commercial tree service, landscaping business or contractor who enters into an agreement or contract with any resident or commercial business within the City of St. John to trim or cut down a tree must abide with Subsection (B) and (C) of this Article as set forth above.

E.

Any person, firm or corporation violating any provision within this Section shall be subject to the penalties provided for in Section 100.010.

Article VI. Tattoo Parlors Section 610.150. Tattoo Parlors — Licenses Limited. [Ord. No. 575 §1, 5-5-1997; Ord. No. 772 §1, 5-19-2003] No more than one (1) license for a tattoo parlor business shall be granted for every eight thousand (8,000) residents of the City of St. John, Missouri.

Section 610.160. Prohibition of Performing Body Piercing or Tattooing on Minors. [Ord. No. 688 §§1-8, 12-4-2000] A.

It shall be unlawful in the City of St. John for any person, firm or corporation to perform body piercing or tattooing without obtaining written parental consent, which consent shall be obtained in person and in writing by the person, firm or corporation which is subject to this Section and which intends to perform body piercing or tattooing on a minor.

B.

Definitions. For purposes of this Section, the following definitions shall be used: BODY PIERCING Any method of penetrating or puncturing the skin by use of needles, studs, post or other instruments, thereby creating an opening into or through the skin in which studs, posts,


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ornaments, or jewelry can be inserted. EAR PIERCING Any body piercing that is performed only on the ear. MINOR Any person under the age of eighteen (18). PROOF OF AGE A driver's license or other documentary or written evidence that the individual is eighteen (18) years of age or older. TATTOOING Any method of puncturing the skin and inserting indelible colors in order to make permanent designs on the skin. C.

Proof Of Age. A person performing body piercing or tattooing shall require proof of age from any prospective customer unless such person has reasonable or certain knowledge that the prospective customer is eighteen (18) years of age or older.

D.

Joint Responsibility — Vicarious Responsibility. Every act or omission of whatsoever nature constituting a violation of any of the provisions of this Section by any officer, director, manager or other agent or employee of the owner of any establishment where body piercing and tattooing is performed shall be deemed and held to be the act of such owner of the establishment; such owner shall be punishable in the same manner as if such act or omission has been done or omitted by the owner personally.

E.

Compliance Monitoring. St. John Police Department shall have the authority to monitor compliance with this Section in a manner that can reasonably be expected to reduce the extent to which body piercing and tattooing is performed on minors without parental consent. 1.

The City of St. John may conduct random unannounced enforcement checks at locations where body piercing and tattooing are performed.

2.

Persons under the age of eighteen (18) years may be enlisted to test compliance with this Section, provided however, that such persons may be used to test compliance only if written parental consent is on file with the department and only under the auspices and supervision of the department.

3.

Private organizations may involve themselves in compliance activities through the department. Any activities to test compliance with the provisions of this Section shall be under the supervision and auspices of the department.

F.

Enforcement. The enforcement of these regulations established by this Section shall be the responsibility of the St. John Police Department.

G.

Penalties. Any person, firm or corporation violating the provisions of this Section shall be subject to the penalties provided in Section 100.010 of the Municipal Code of the City of St. John.

Chapter 615. Taxicabs Section 615.010. Definitions. The following words, when used in this Chapter, shall have the meanings set out herein: http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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PROOF OF FINANCIAL RESPONSIBILITY Proof of ability to respond in damages for liability, on account of accidents occurring subsequent to the effective date of said proof, arising out of the ownership, maintenance or use of a motor vehicle, in the amount of twenty-five thousand dollars ($25,000.00) because of bodily injury to or death of one person in any one (1) accident, and, subject to said limit for one (1) person, in the amount of fifty thousand dollars ($50,000.00) because of bodily injury to or death of two or more persons in any one accident, and in the amount of ten thousand dollars ($10,000.00) because of injury to or destruction of property of others in any one (1) accident. TAXICAB Any motor vehicle performing a bona fide for hire taxicab service having a capacity of not more than five (5) passengers, exclusive of the driver, and not operated on a regular route or between fixed termini.

Section 615.020. Registration Required for Each Taxicab. [CC §7.20; Ord. No. 349 §2, 12-5-1988] A.

No owner or operator of any taxicab may enter the City of St. John for the purpose of doing business from a cab stand therein without first registering such taxicab with the City Manager and completing a form to be furnished by said City Manager which form shall require, among other things, the following: 1.

The name and address of the owner or owners, and if a corporation, the name and address of the officers thereof.

2.

The State license number of each taxicab and the number of the operator's Missouri chauffeur's license.

3.

The rates to be charged and name and address of each operator of each taxicab.

4.

The points where such taxicabs will be stationed for calls.

Section 615.030. License Fee. [CC §7.21; Ord. No. 349 §2, 12-5-1988; Ord. No. 765 §4, 5-19-2003] Each taxicab or fleet owner authorized to do business in this City shall pay a yearly license fee based on the guidelines as set forth in Section 605.090 from January first (1st) to December thirty-first (31st), and receive a license from the City Manager's office.

Section 615.040. Certain Information to Be Prominently Posted in Each Taxicab. [CC §7.22; Ord. No. 349 §2, 12-5-1988] A.

A current, passport-size photograph of the operator with his name, address and chauffeur's license number shall be prominently posted in each taxicab.

B.

The name and address of the company insuring the passenger against personal injury and property damage shall be prominently posted in each taxicab. Said insurance shall be no less than twenty-five thousand dollars ($25,000.00) for one (1) person or fifty thousand dollars ($50,000.00) for more than


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one (1). Five thousand dollars ($5,000.00) property damage and one thousand dollars ($1,000.00) medical payment insurance. Each taxicab shall display "Proof of Financial Responsibility".

Section 615.050. Fares, Meters and Zones. [CC §7.23; Ord. No. 349 §2, 12-5-1988] Every taxicab shall be equipped with an automatic meter for the purpose of measuring the fare to be charged and the fact of said meter shall at all times be in plain view of the passenger; provided however, one (1) or more taxicabs may be operated on a zone system, if the zone charges are prominently displayed on an outside door of the taxicab in letters not less than two (2) inches high.

Section 615.060. Operating Requirements. [CC §7.24; Ord. No. 349 §2, 12-5-1988] No person may drive or operate a taxicab in this City if he has any infirmity of body or mind which might render him unfit for such operation, nor may any such vehicle be driven or operated by any person who is addicted to the use of intoxicating liquors or drugs, or anyone having violations of the controlled substances law within one (1) year prior to application for license. Every such vehicle must be kept in a clean and sanitary condition and the motor, brakes, and other mechanisms must be kept in good working order.

Section 615.070. Inspection of Taxicabs. [CC §7.25; Ord. No. 349 §2, 12-5-1988] The City Manager or his agent shall, annually or more often, inspect any taxicab operating over and upon the streets of the City, for the purpose of determining the mechanical fitness of the taxicab. If, upon such inspection, any mechanical unfitness is found, affecting the safe operation and use of the taxicab, it shall be immediately taken out of service and remain out of use, until such defect has been repaired or otherwise remedied and the taxicab has been approved by the City Manager.

Section 615.080. Limits on Companies and Taxicabs. [CC §7.26; Ord. No. 349 §2, 12-5-1988] The number of licenses granted hereunder shall be limited to four (4) vehicles and the number of companies permitted to operate within the City is limited to two (2).

Section 615.090. Penalties for Violations. [CC §7.27; Ord. No. 349 §2, 12-5-1988; Ord. No. 1014 §1, 7-15-2013] Any person who operates a taxicab, or owns a taxicab and permits it to be operated in the City of St. John without a valid license, or without complying fully with all provisions of this Chapter, or who in any other way violates any of the provisions of this Section, will be subject to a fine of not less than twenty-five dollars ($25.00) or more than one thousand dollars ($1,000.00) for each offense, or imprisonment for ninety (90) days, or by both such fine and imprisonment.


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Chapter 620. Coin-Operated Machines Section 620.010. Definitions. [CC §7.28; Ord. No. 349 §2, 12-5-1988] Definitions of terms as used herein, unless the context otherwise indicates, are as follows: AMUSEMENT TABLE Any machine or device, which upon the insertion of a coin, slug, token, plate, disc, or by payment of any price, may be operated by the public generally by manipulating special equipment. This includes, but is not limited to, the games of shuffle-board, pool tables, bowling tables, and other similar games. JUKE BOX Any music vending machine, contrivance or device which, upon the insertion of a coin, slug, token, plate, disc or key into any slot, crevice or other opening, or by payment of any price, operates or may be operated for the emission of songs, music or similar entertainment. MECHANICAL AMUSEMENT DEVICE Any machine which, upon the insertion of a coin, slug, token, plate, disc or by payment of any price, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score. It shall include, but not be limited to, such devices as marble machines, pin-ball machines, skill ball, mechanical grab machines, and all games, operations or transaction similar thereto under whatever game they may indicate. MERCHANDISE VENDING MACHINE Any automatic vending machine used for the sale of any service or merchandise, to include but not be limited to cigarettes, food, drink, confections, newspapers, copies, and hygienic products, and controlled by the insertion of currency, coin(s), tokens, or credit cards.

Section 620.020. Gambling Devices Not Permitted. [CC §7.29; Ord. No. 349 §2, 12-5-1988] Nothing in this Chapter shall in any way be construed to authorize, license or permit any gambling devices whatsoever, or any mechanism that has been judicially determined to be a gambling device, or in any way contrary to law, or that may be contrary to any future laws of the State of Missouri.

Section 620.030. License Required. [CC §7.30; Ord. No. 349 §2, 12-5-1988; Ord. No. 687 §1, 11-20-2000; Ord. No. 832 §9, 6-6-2005] A.

Any person, firm, corporation or association placing a vending machine, juke box, or mechanical amusement device within a business located within the St. John City limits, shall be required to obtain a license from the City of St. John upon payment of a license fee to the City Manager's Office. Application for such license shall be made to the City Manager's Office upon a form to be supplied by the City Manager's Office for that purpose. Licenses shall be required prior to the first (1st) day of March of each year from the City of St. John upon a payment of a license fee of fifteen dollars ($15.00) per machine.

B.

At the City Manager's discretion, upon application and proof of tax status, non-profit, tax exempt and


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charitable organizations are excluded from the license fee requirement. C.

Notification of No License/Delinquency. When an unlicensed vending machine is found within a St. John business, the City Manager's Office will give the vending machine owner a written notice of their violation of this Chapter. The owner will then have ten (10) working days during which to correct the situation. After such notification, the City Manager will have the right to confiscate the machine(s) in violation and hold it/them until all license fees, penalties and storage fees are paid in full. Should the machine owner's name not be obtainable, the business in which the machine is placed will be served with the ten-day notification and will be responsible for all license fees, penalties and storage fees due.

D.

Responsibility for Licensing Machine. It is the vending machine owner who is responsible for licensing each of their machines placed in a business located within the City of St. John. Should the machine owner's name be unobtainable, then the business owner in which the machine is placed becomes responsible for licensing the machine(s) and is liable for any penalties and storage fees incurred.

Section 620.040. Application. [CC §7.31; Ord. No. 349 §2, 12-5-1988] A.

An application for such license shall contain the following information: 1.

Name, complete address, and telephone number of the applicant.

2.

Place where machine or device is to be displayed or operated.

3.

Description of machine to be covered by the license, (mechanical features, name of manufacturer, serial number).

Section 620.050. Inspection. [CC §7.32; Ord. No. 349 §2, 12-5-1988] Application for a license shall be made. The City Manager, or his designee shall investigate wherein it is proposed to operate such a machine, ascertain if the applicant is a person of good moral character, and either approve or disapprove of the application.

Section 620.060. Display of License. [CC §7.33; Ord. No. 349 §2, 12-5-1988] A.

The license or licenses provided for herein shall be posted permanently and conspicuously on the machine(s) for which they are purchased.

B.

Such license may be transferred from one (1) machine or device to another similar machine or device upon application to the City Manager's Office to such effect and the giving of a description and the serial number of the new machine or device. Not more than one (1) machine shall be operated under one (1) license and the machine owner shall be required to secure a license for each and every machine displayed or operated within a St. John business. Should the machine owner's name be unobtainable, the business owner in which the machine is placed will be responsible for obtaining the required license(s).

C.

If the licensee shall move his place of business to another location within the City of St. John, the


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license may be transferred to such new location upon application to the City Manager, giving the street and number of the new location. The new location shall be approved by the City Manager in the same manner as provided in Section 620.030.

Section 620.070. Prohibition and Restrictions. [CC §7.34; Ord. No. 349 §2, 12-5-1988] A.

No person, firm, corporation or associate holding a license under this Chapter shall permit the playing of juke boxes, as defined in Section 620.010 of this Chapter, between the hours of 1:30 A.M. and 6:00 A.M., local prevailing time of any day.

B.

No person, firm, corporation or association holding a license under this Chapter shall permit the playing of juke boxes or mechanical amusement devices, as defined in Section 620.010 of this Chapter, within one hundred (100) feet of any church building, any other building of public worship or service, or any school building.

Section 620.080. Penalty. [CC §7.35; Ord. No. 349 §2, 12-5-1988; Ord. No. 687 §2, 11-20-2000] A.

Any person, firm, corporation or association violating any of the provisions of this Chapter, in addition to the revocation of his or her license, shall be punishable as provided for in Section 605.200. Each offense being each day each individual unlicensed machine is placed in a business but not legally licensed by the City.

B.

Furthermore, should a machine owner fail to legally license a vending machine, juke box, mechanical amusement device, amusement table, or any other machine as denoted in this Chapter, the City may, after giving proper notification, per Section 620.030 (C) confiscate any machine(s) in violation of this Chapter and retain possession of said machine(s) until such time the license(s) fees and any penalties incurred have been paid. In addition to being liable for the license fees, and late penalties, the owner of such machine(s) will also be liable for the storage costs incurred for storing their machine.

C.

Anytime after the expiration of three (3) months from the date of confiscation of an illegal machine, the City may declare a forfeiture of said machine and dispose of it in any manner provided for by law. Before such disposition, the former owner may redeem the illegal machine by payment of the license fee, storage charges and any fines and penalties authorized by this Chapter and imposed by any competent court.

Chapter 625. Pool Halls Section 625.010. Definitions. [CC §7.36; Ord. No. 349 §2, 12-5-1988] For the purpose of this Chapter, a "keeper of three (3) or more pool tables" means any person, firm or corporation who possesses, keeps or has the control or management of a table upon which games are played using balls and cues, whereon others are permitted to play, and for the use of which or privilege of playing thereon, or for the hire thereof, any money or its equivalent, or any check or counter in lieu of money shall be paid or received. Provided however, that this Chapter shall not apply to such tables as are http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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kept within dwelling houses for the owner's recreation and not for the purpose representing or in lieu of money, or for wagers or bets.

Section 625.020. License Necessary. [CC §7.37; Ord. No. 349 §2, 12-5-1988] A.

No person shall, within the corporate limits of the City of St. John, keep a pool table as hereinbefore defined, without first having obtained a license therefore from the City Manager's Office for each pool table kept in the City, which license shall be kept available for inspection at the place in said City at which such pool table is kept.

B.

No person shall be granted a license under this Chapter unless such person is of good moral character, nor shall any corporation be granted a license hereunder unless the Managing Officer of such corporation is of such good moral character. It is the City Manager's responsibility to devise a procedure by which to determine if an applicant is of good moral character.

Section 625.030. Application — Contents Thereof. [CC §7.38; Ord. No. 349 §2, 12-5-1988] A.

Applications for a pool hall license shall be made to the City Manager's Office on forms provided by them and shall contain, but not be limited to, the following information and particulars: 1.

Name of person, firm or corporation applying for such license.

2.

Residence address of the person or members of the firm, or if a corporation, the names of its three (3) principal officers and the location of its principal office.

3.

Address or location within the City at which pool tables are to be kept.

4.

A statement by the applicant or their duly authorized agent that the applicant will at all times truly conform to all of the provisions of this Chapter.

5.

A statement by the applicant or their duly authorized agent that the applicant will at all times permit inspection of the premises on which the pool tables are kept, in accordance with the provisions of this Chapter hereinafter set forth.

6.

Such application shall be duly sworn to by the applicant or their duly authorized agent.

Section 625.040. License Issued — When. [CC §7.39; Ord. No. 349 §2, 12-5-1988] Upon presentation of a properly executed application to the City Manager's Office along with proper payment of the license fee hereinafter provided for, the City Manager's Office shall issue to such applicant a license, the form of which is to be provided by him, to engage in the keeping of pool tables as defined in Section 625.010, which license(s) shall be valid until the thirty-first (31st) day of December. Such license shall not be transferable, and any change in address from which such business is conducted must be reported at once to the City Manager's Office or the license is considered void.


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Section 625.050. Fee for License. [CC §7.40; Ord. No. 349 §2, 12-5-1988; Ord. No. 832 §10, 6-6-2005] Each applicant applying for a pool hall license shall pay an annual license fee of two hundred dollars ($200.00) plus fifteen dollars ($15.00) for each pool table. This license fee shall be due on the first (1st) day of January and paid prior to March first (1st).

Section 625.060. Penalties. [CC §7.41; Ord. No. 349 §2, 12-5-1988] A.

Failure of any person, firm or corporation keeping a pool hall or table, as defined in Section 625.010, within the corporate limits of the City of St. John to first secure a license as herein provided, shall be a misdemeanor, and on conviction thereof shall subject each person, firm or corporation to a fine as hereinafter provided; and each day that such person, firm or corporation shall keep a pool table without a license shall constitute a separate and distinct offense.

B.


Section 625.070. Loitering Prohibited. [CC §7.42; Ord. No. 349 §2, 12-5-1988] It shall be unlawful for any licensee hereunder to permit any minor under the age of sixteen (16) years to congregate, be or remain within any pool hall, unless said minor is accompanied by the minor's parent or guardian. Violation hereof shall be a misdemeanor and upon conviction thereof, the licensee shall be subject to a fine as hereunder provided.

Section 625.080. Certain Games Prohibited. [CC §7.43; Ord. No. 349 §2, 12-5-1988] It shall be unlawful for any licensee hereunder to permit any person to play any card game or dice game on the premises on which such pool table is kept. Violation hereof shall be a misdemeanor and upon conviction thereof, the licensee shall be subject to a fine as hereunder provided.

Section 625.090. Operation Prohibited During Certain Hours. [CC §7.46; Ord. No. 349 §2, 12-5-1988] It shall be unlawful for any licensee hereunder to operate or keep open the premises on which any pool table is kept between the hours of 1:30 A.M. and 6:00 A.M. on Monday through and including Saturday, and between the hours of 1:30 A.M. and 1:00 P.M. on Sundays.


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Section 625.100. Inspections. [CC §7.47; Ord. No. 349 §2, 12-5-1988] The City Manager's Office or the Police Chief, or any of his officers, shall have the right at all times to enter upon the premises on which a pool table is kept by a licensee under this Chapter for the purpose of inspecting said premises to determine whether the provisions of this Chapter are being complied with by the licensee. Refusal of the licensee to permit such inspection shall be deemed a misdemeanor and on conviction thereof, the licensee shall be subject to a fine as hereinafter provided.

Section 625.110. Penalties. [CC §7.48; Ord. No. 349 §2, 12-5-1988] Any person, firm or corporation convicted of a misdemeanor under the provisions of this Chapter shall be subject to penalties as set out in Section 100.010 of this Code. Any conviction of any of the offenses defined in this Chapter shall, ipso facto, revoke, nullify and cancel said licensee's license to keep a pool table/pool hall in the City of St. John.

Chapter 630. Amusement Arcades Section 630.010. Amusement Arcades Regulated. [CC §7.66; Ord. No. 349 §2, 12-5-1988] When used in this Chapter the following word shall have the meaning set out herein: AMUSEMENT ARCADE A place of business housing five (5) or more amusement games, devices, tables, etc. An amusement game, device or table being defined as in Section 620.010 of the Municipal Code. This definition is not intended to redefine a "pool hall" and should a business have three (3) or more pool tables on the premises, a pool hall license will be required and all regulations surrounding a pool hall will pertain in addition to any regulations the Council may impose on the amusement arcade itself.

Section 630.020. Special Use Permit Required. [CC §7.67; Ord. No. 349 §2, 12-5-1988] A.

In order to operate an amusement arcade within the City limits, an applicant must first procure a Special Use Permit, the procedure for which is listed in Section 400.320 of the Municipal Code.

B.

Should a business make any substantial change(s) in the operation of their business after a special use permit has been issued, then the business must request an amendment to their original special use permit and follow the original special use procedures.

C.

Should a business make any change in the ownership after a special use permit has been issued, then the new owner(s) must apply for and receive a new special use permit prior to operating the business.

Section 630.030. Business License Required. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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[CC §7.68; Ord. No. 349 §2, 12-5-1988] In addition to a special use permit being required, an amusement arcade shall fall under the category of a "retail business" and is therefore subject to the license requirements, fees and penalties as set forth in Chapter 605. It shall be the duty of the City Manager's Office to furnish appropriate forms for licenses.

Section 630.040. Vending License Required. [CC §7.69; Ord. No. 349 §2, 12-5-1988] Owners of machines placed in amusement arcades are required to purchase and display vending machine licenses on each individual machine as required in Section 620.030 of the Municipal Code.

Section 630.050. Gambling Prohibited. [CC §7.70; Ord. No. 349 §2, 12-5-1988] Nothing in this Chapter shall in any way be construed to authorize, license or permit any gambling or gambling devices whatsoever, or any mechanism that has been judicially determined to be a gambling device, or in any way contrary to law, or that may be contrary to any future laws of the State of Missouri.

Chapter 635. Pawnbrokers Section 635.010. Definitions. [CC §11.110; Ord. No. 416 §1, 12-16-1991] For the purposes of this Chapter the following terms shall have these prescribed meanings: COIN, PRECIOUS METAL AND PAWN SHOPS Any business or persons engaged in the business of purchasing or trading objects, precious metals, precious stones, jewelry or coins from the general public for the purpose of salvage, scrap, recycling, resale from a store or stand, except licensed retail jewelers, and any person engaging in the pawn shop business receiving and selling pawned merchandise, shall be subject to the provisions of this Chapter. PAWNBROKER Any person engaged in the business of lending money on the security of pledged goods or engaged in the business of purchasing tangible personal property on condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time.

Section 635.020. License Required. [CC §11.110; Ord. No. 416 §2, 12-16-1991; Ord. No. 422 §1, 3-2-1992] No person shall do business as a pawnbroker in the City of St. John without having first obtained a business license therefor provided for in Chapter 610 of the Municipal Code for the City of St. John. Furthermore, said pawnbroker shall comply with the revised Statutes of the State of Missouri including, but not limited to the provisions of Chapter 367 RSMo., and show proof of compliance therewith along with the license application. No more than one (1) license for a pawnbroker shall be granted for every eight thousand (8,000) inhabitants of the City, or fractional part thereof. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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Section 635.030. License — Application. [CC §11.110; Ord. No. 416 §3, 12-16-1991] A.

In addition to the requirements for a business license stated in Chapter 610 of the Municipal Code for the City of St. John, the following conditions for licensing shall apply.

B.

Every application for a license hereunder shall be made in writing to the City Manager and shall state where the business is to be carried on. Furthermore, any application or annual renewal for license shall be supplemented with a statement or schedule of the usual and customary loan fee, interest rates on loans as charged or to be charged by the license holder and the conditions of forfeitures to be imposed by the license holder. Before any license shall be issued, the City Manager shall procure from the Police Department an endorsement on the back of the application therefor: 1.

That in their opinion the applicant has a good moral character;

2.

That the applicant has installed a property camera and agreed to use the equipment to photograph every person and receipt or pawn ticket given to such person in connection with all loans and purchases of all articles effected or made by him, and to make the photographs available to any Law Enforcement Officer upon request;

3.

That the applicant has agreed not to accept as collateral security or to purchase any camera, radio, television set, lawn mower, typewriter, adding machines, calculating machines, copying machine, duplicating machine, tape recorder, tape player, VCR, compact disk player, firearm, microwave oven, radar detector, appliance, computer and/or computer printer, cash register, still or moving picture projector or offset projector, dictating machine, record player, electric buffer, electric polisher, electric floor waxer, or any other item which originally had a manufacture serial number that since has been altered, removed or defaced, unless the item shall have plainly visible thereon the manufacturer's serial number or other identifying insignia.

4.

The place where the business is to be carried on is shown by a plat prepared by the applicant to be not less than five hundred (500) feet from the nearest point of the building wherein such place is located to any elementary school, public, parochial or private, unless the business has the written approval of school and/or church.

5.

The applicant shall have net assets of at least fifty thousand dollars ($50,000.00) readily available for use in conducting business as a pawnshop for each licensed pawnshop; and

6.

The applicant shall show that the pawnshop will be operated lawfully and fairly within the purposes of Sections 367.011 to 367.060, RSMo. In addition to the qualifications specified in this Subsection, the City may also refuse to issue a pawnshop license to any applicant who has a felony or misdemeanor conviction which directly relates to the duties and responsibilities of the occupation of pawnbroker or otherwise makes the applicant presently unfit for a pawnshop license.

C.

If the City is unable to verify that the applicant meets the net assets requirement for a licensed pawnshop, the City may require a finding, including the presentation of a current balance sheet, by an independent certified public accountant that the accountant has reviewed the books and records of the applicant and that the applicant meets the net assets requirement of this Section.

D.

An application for a new pawnshop license, the transfer of an existing pawnshop license or the approval of a change in the ownership of a licensed pawnshop shall be under oath and shall state the full name and place of residence of the applicant, the place where the business is to be conducted, and other relevant information required by the City. If the applicant is a partnership, the City may require that the application state the full name and address of each member. If the applicant is a corporation, the


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application shall state the full name and address of each officer, shareholder, and director. The application shall be accompanied by:

E.

1.

An investigation fee of five hundred dollars ($500.00) if the applicant is unlicensed at the time of applying for the pawnshop license or two hundred fifty dollars ($250.00) if the application involves a second (2nd) or additional license to an applicant previously licensed for a separate location or involves substantially identical principals and owners of a licensed pawnshop at a separate location; and

2.

Proof of general liability if required by the City, and an annual fee of five hundred dollars ($500.00).

Each applicant for a pawnshop license at the time of filing application shall file with the City, if the City so requires, a bond satisfactory to him and in an amount not to exceed five thousand dollars ($5,000.00) for each license with a surety company qualified to do business in this City. The aggregate liability of such surety shall not exceed the amount stated in the bond. The bond shall run to the City for the use of the City and of any person or persons who may have a cause of action against the obligor of such bond under the provisions of Sections 367.011 to 367.060, RSMo. Such bond shall be conditioned that the obligor will comply with the provisions of Sections 367.011 to 367.060, RSMo.,and of all rules and regulations lawfully made by the City.

Section 635.040. License — Revocation. [CC §11.110; Ord. No. 416 §4, 12-16-1991] The License Collector of the City shall have power and authority to revoke any license issued under this Chapter for any willful violation by a licensed pawnbroker of any of the provisions or conditions contained in the Chapter. The license shall be revoked only after the licensee shall have been notified in writing at his place of business of the violations complained of and shall have been afforded a reasonable opportunity to have a hearing thereon before the License Collector.

Section 635.050. Register — Required. [CC §11.110; Ord. No. 416 §5, 12-16-1991] Every pawnbroker shall keep a register of all loans and purchases of all articles effected or made by him which register shall show the date of all loans or purchases, and the names of all persons who have left any description of property on deposit as a collateral security or as a delivery on sale thereof. Opposite the name and date shall be written on plain hand the person's age and motor vehicle operator's or chauffeur's license number, or social security number or other identification of public record designated in a list of such items established by the Chief of Police; a full description of all property purchased or received on deposit as collateral security, the manufacturer's identifying insignia or serial number if applicable, the time when the loan falls due, the amount of purchase money or the amount loaned and the interest charged and the picture number. In addition to this, he shall give the party negotiating or selling, a plain written or printed ticket for the loan, and a plain written or printed receipt of the articles purchased having on each a copy of the entries required by this Chapter to be kept in his register. For the ticket or receipt he shall not be entitled to make any charge. The register of all transactions shall be preserved for a period of two (2) years from the date of the last transaction recorded therein.

Section 635.060. Register — Inspection. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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[CC §11.110; Ord. No. 416 §6, 12-16-1991] The register required by Section 635.050 shall at all times be open to the inspection of the Chief of Police, City Attorney or any of his associates or assistants, or any Police Officer or any person authorized in writing by any one of such officers and who shall exhibit the written authority to the pawnbroker.

Section 635.070. Dealing With Minors. [CC §11.110; Ord. No. 416 §7, 12-16-1991] No pawnbroker shall receive by way of pledge or pawn any goods, articles or things whatever from a minor at any time.

Section 635.080. Hours. [CC §11.110; Ord. No. 416 §8, 12-16-1991] No pawnbroker shall receive by way of pledge or pawn any goods, articles or things whatever from any person between the hours of 8:00 P.M. and 7:00 A.M.

Section 635.090. Loans on Parts of Articles. [CC §11.110; Ord. No. 416 §9, 12-16-1991] No pawnbroker shall make any loan on the separate or divided part of any article.

Section 635.100. Agents. [CC §11.110; Ord. No. 416 §10, 12-16-1991] It shall be unlawful for any person to act as agent for a pawnbroker at any other place than the place of business stated in the application for a license.

Section 635.110. Photographs of Customers. [CC §11.110; Ord. No. 416 §11, 12-16-1991] No pawnbroker shall accept any article or property as collateral security, or purchase any article or property unless he shall make a photograph of the person from whom the article or property is being received along with the receipt or pawn ticket given to the person: nor shall any pawnbroker refuse to deliver the photograph to any Law Enforcement Officer upon request in connection with a specific item of stolen property, within one (1) year following the date the photograph is taken. Every pawnbroker shall display a notice to his customers in a prominent place to the effect that he is required to photograph every person pawning or selling an item to him, By City ordinance.

Section 635.120. Object of Precious Metals, Precious Stones, Jewelry or Coins. [CC §11.110; Ord. No. 416 §12, 12-16-1991] http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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Objects of precious metals, precious stones, jewelry or coins purchased shall be held for a period of thirty (30) days from the date of purchase before being resold or disposed of in any manner, and shall be maintained for inspection by any member of the Police Department, or any Law Enforcement Officer in the State. These objects of precious metals shall be kept in an orderly fashion and shall be maintained in the same condition that they were in at the time of the purchase, together with the name, address, social security number, date of birth, place of employment and telephone number of the persons from whom the items were purchased, which information shall be maintained with the items purchased.

Section 635.130. Violation and Penalty. [CC §11.110; Ord. No. 416 §13, 12-16-1991] Any person, firm or corporation who violates any provision within this Section, shall, upon conviction, be subject to the penalties stated in Section 100.010 of this Code. Nothing in this Chapter is intended to preclude the prosecution of any pawnbroker or his agent or employee, for stealing any pawned or pledged property.

Chapter 636. Pay Day Loans Section 636.010. Pay Day Loan Business — License Limited. [Ord. No. 800 §§1 — 2, 6-21-2004] A.

No more than two (2) licenses for a pay day loan business should be granted for every eight thousand (8,000) inhabitants of the City or fractional part thereof.

B.

Definition. A pay day loan business is one which provides monetary compensation in lieu of a payroll or personal check or a vehicle title and where interest is assessed.

C.

Notwithstanding the provisions of this Section, this does not affect current Pay Day Loan businesses within the City of St. John.

Chapter 640. Garage Sales, Etc. Section 640.010. Garage Sale Regulations — Permit. [CC §11.106, Ord. No. 172, 9-30-1980; Ord. No. 438 §1, 5-18-1992] A.

Length of Sale, Etc. It shall be unlawful for any person, partnership or corporation within the corporate limits of the City of St. John, to conduct or maintain more than three (3) garage, yard, basement sales in any one calendar year at any residence located in "R-1", "R-2" and "PR" zoning classifications, and no sale shall be conducted for a period longer than three (3) days.

B.

Display of Merchandise. Merchandise offered for sale at such garage, yard, or basement sale shall not be displayed any closer than ten (10) feet from the street pavement, but in no event beyond the property line.

C.

Permit. A permit issued by the City Clerk shall be obtained by any person before selling or offering to sell any goods at such sale. There shall be no charge for said permit. When a permit is issued, the City


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Clerk shall notify the Chief of Police of the time, date, and location of the sale. An application for a permit shall be made at the office of the City Clerk on a form to be provided and shall contain the following information: 1.

Name of the person, firm, group, corporation, association or organization conducting said sale.

2.

The location at which said sale is to be conducted.

3.

The number of days which said sale is to be conducted within the limit prescribed.

Section 640.020. Regulation of Signs for Garage, Yard or Basement Sales. [CC §11.109; Ord. No. 251, 11-18-1985; Ord. No. 547 §1, 7-1-1996] A.

Any person who shall have first obtained a garage, yard or basement sale permit, pursuant to Section 640.010, shall be permitted to display not more than three (3) signs advertising such sale, subject to the following terms and conditions: 1.

No such sign shall exceed the size of six (6) square feet.

2.

No such sign shall be posted more than twenty-four (24) hours in advance of the time designated on the permit issued for such sale.

3.

Only one (1) sign may be posted off the premises of the property designated as the location of the sale, provided permission is obtained from the property owner of the property on which the sign is being posted.

4.

Only two (2) signs may be posted on the property designated as the location of the sale on the permit issued.

5.

All signs permitted by this Section shall be removed from view within one (1) hour after the time designated on the permit for the end of such sale.

B.

Any person violating the terms of this Section shall be subject to a fine of twenty-five dollars ($25.00) and shall not be eligible for this issuance of a Garage Sale Permit for one (1) year from the date of the violation of this Section.

C.

The Police Department and the Public Works Department shall be empowered to remove forthwith any and all unauthorized garage, yard or basement sale signs posted within the City limits of St. John, including any signs advertising any such sale inside or outside the City limits of St. John, Missouri.

Chapter 643. Solicitation Section 643.010. Solicitation of Rides, Business and Charitable Contributions or Other Funds on Public Streets and Rights-ofWay. [Ord. No. 513 §§1 — 3, 5-15-1995] http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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A.

No person shall stand in a roadway for the purpose of soliciting a ride, employment, charitable contribution or other funds, or business from any occupant of any vehicle.

B.

Any person, firm, corporation or association violating the provisions of this Chapter shall be punishable in accordance with the provisions provided for in Section 100.010 of this Code.

Chapter 645. Massage Establishments Section 645.010. Policy. [CC §11.55; Ord. No. 32, 12-16-1974] It is hereby declared that the business of operating massage establishments as defined herein is a business affecting the public health, safety and general welfare.

Section 645.020. Definitions. [CC §11.56; Ord. No. 32, 12-16-1974] For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section: EMPLOYEE Any and all persons, other than the masseurs or masseuses who render any service to the permittee, who receive compensation directly from the permittee, and who have no physical contact with the customers and clients. MASSAGE Any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulation of the external soft parts of the body with the hands or with the aid of any mechanical or electrical apparatus or applied with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments or other similar preparations commonly used in this practice. MASSAGE ESTABLISHMENT Any establishment having a fixed place of business where any person, firm, association, or corporation engages in or carries on or permits to be engaged in or carried on any of the activities mentioned in the definition of "massage" as defined above. MASSEUR OR MASSEUSE Any person who, for any consideration whatsoever, engages in the practice of massage as herein defined. PERSON Any individual, co-partnership, firm, association, joint stock company, corporation or combination of individuals of whatever form or character. RECOGNIZED SCHOOL Any school or institution of learning which has for its purpose the teaching of the theory, method, profession, or work of massage, which school requires a resident course of study not less than seventy (70) hours to be given in not more than three (3) calendar months before the student shall be furnished with a diploma or certificate of graduation from such school or institution of learning http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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following the successful completion of such course of study or learning and which school has been recognized and approved by the State of Missouri.

Section 645.030. Permit Required. [CC §11.57; Ord. No. 32, 12-16-1974] It shall be unlawful for any person to engage in, conduct or carry on or to permit to be engaged in, conducted or carried on, in or upon any premises in the City of St. John, the operation of a massage establishment as herein defined, without first having obtained a permit from the City Manager after approval of the Director of Public Works.

Section 645.040. Filing and Fee Provision. [CC §11.58; Ord. No. 32, 12-16-1974] Every applicant for a permit to maintain, operate or conduct a massage establishment shall file an application with the City Manager and pay a filing fee of fifty dollars ($50.00) which shall not be refundable.

Section 645.050. Application for Massage Establishment Permit. [CC §11.60; Ord. No. 32, 12-16-1974] A.

The application for a permit to operate a massage establishment shall set forth the exact nature of the massage to be administered, the proposed place of business and facilities there, and the name and address of each applicant.

B.

In addition to the foregoing, any applicant for a permit shall furnish the following information: 1.

Written proof that the applicant is at least eighteen (18) years of age.

2.

Two (2) portrait photographs at least two inches by two inches (2 x 2), and fingerprints.

3.

Business, occupation or employment of the applicant for the three (3) years immediately preceding the date of application.

4.

The massage or similar business license history of the applicant; whether such person, previously operating in this or another City or State under license, has had such license revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation.

5.

Any criminal convictions, except minor traffic violations.

Section 645.060. Masseur or Masseuse Permit. [CC §11.61; Ord. No. 32, 12-16-1974] Any person, including an applicant for a massage establishment permit, who engages in the practice of massage as herein defined, shall file an application for a masseur or masseuse permit with the City Manager upon a form provided by said City Manager and shall pay a filing fee of twenty-five dollars ($25.00) which http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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shall not be refundable.

Section 645.070. Application for Masseur or Masseuse Permit. [CC §11.62; Ord. No. 32, 12-16-1974] A.

The application for a masseur or masseuse permit shall contain the following: 1.

Name and residence address.

2.

Social security number.

3.

Applicant's weight, height, color of hair and eyes, and fingerprints.

4.

Written evidence that the applicant is at least eighteen (18) years of age.

5.

Business, occupation or employment of the applicant for three (3) years immediately preceding the date of the application.

6.

Whether such person has ever been convicted of any crime, except minor traffic violations. If any person mentioned in this Subsection has been so convicted, a statement must be made giving the place and Court in which the conviction was obtained and the sentence imposed as a result of such conviction.

7.

The name and address of the recognized school attended and a copy of the diploma or certificate of graduation awarded the applicant showing the applicant has successfully completed not less than seventy (70) hours of instruction.

Section 645.080. Notice of Hearing. [CC §11.63; Ord. No. 32, 12-16-1974] When an application is filed for a massage establishment permit under this Chapter, the City Manager shall fix a time and place for a public hearing where applicant may present evidence upon the questions of his application. Not less than ten (10) days before the date of such hearing, the City Manager shall cause to be posted a notice of such hearing in a conspicuous place on the property in which or on which the proposed massage establishment is to be operated. The applicant shall maintain said notice as posted for the required number of days.

Section 645.090. Issuance of Permit for a Massage Establishment. [CC §11.64; Ord. No. 32, 12-16-1974] A.

The City Manager may issue a permit within fourteen (14) days of the hearing provided for in Section 645.080 provided that all requirements for a massage establishment described in this Chapter are met by all persons who apply to perform massage services unless they find: 1.

The operation as proposed by the applicant or permittee would not have complied with all applicable laws including, but not limited to, the Building, Health, City Planning, Housing, Zoning and Fire Codes of the City of St. John.


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2.

B.

The applicant or any other person who will be directly engaged in the management and operation of a massage establishment has been convicted of: a.

A felony.

b.

An offense involving sexual misconduct with children.

c.

Obscenity, keeping or residing in a house of ill fame, solicitation of a lewd or unlawful act, prostitution, or pandering.

The City Manager, in his discretion, may issue a permit to any person convicted of any of the crimes in Subsection A (2, a-c) herein if they find that such conviction occurred at least three (3) years prior to the date of the application and applicant has had no subsequent convictions.

Section 645.100. Issuance of Masseur or Masseuse Permit. [CC §11.65; Ord. No. 32, 12-16-1974] A.

B.

The City Manager may issue a masseur or masseuse permit within twenty-one (21) days following application, unless they find that the applicant for the masseur or masseuse permit has been convicted of: 1.

A felony.

2.

An offense involving sexual misconduct with children.

3.

Obscenity, keeping or residing in a house of ill fame, solicitation of a lewd or unlawful act, prostitution, or pandering.

The City Manager, in his discretion, may issue a permit to any person convicted of such crimes if he finds that such conviction occurred at least three (3) years prior to the date of the application and the applicant has had no subsequent convictions.

Section 645.110. Revocation or Suspension of Permit. [CC §11.66; Ord. No. 32, 12-16-1974] A.

Any permit issued for a massage establishment may be revoked or suspended by the City Manager, after a public hearing before the City Manager, where it is found that any of the provisions of this Chapter are violated or where the permittee or any employee of the permittee, including a masseur or masseuse, has been convicted of any offense found in Section 645.100, Subsection A (1-3), and the permittee has actual or constructive knowledge of the violation or conviction, or in any case, where the permittee or licensee refuses to permit any duly authorized Police Officer or Health Inspector of the City of St. John to inspect the premises or the operations thereto.

B.

The City Manager, before revoking or suspending any permit, shall give the permittee at least ten (10) day's written notice of the charges against him and the opportunity for a public hearing before the City Manager, at which time the permittee may present evidence bearing upon the question. In such cases, the charges shall be specific and in writing.

Section 645.120. Revocation of Masseur or Masseuse Permit. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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[CC §11.67; Ord. No. 32, 12-16-1974] A.

A masseur or masseuse permit issued by the City Manager shall be revoked or suspended after a public hearing before the City Manager where it appears that the masseur or masseuse has been convicted of any offense enumerated in Section 645.100 Subsection A (1-3).

B.

The City Manager, before revoking or suspending any masseur or masseuse permit, shall give the masseur or masseuse at least ten (10) day's written notice of the examination into his conviction record and the opportunity for a public hearing before the City Manager, at which hearing the Manager shall determine the relevant facts regarding the occurrence of the conviction.

Section 645.130. Facilities Necessary. [CC §11.68; Ord. No. 32, 12-16-1974] A.

B.

No permit to conduct a massage establishment shall be issued unless an inspection by the Director of Public Works or his authorized representative reveals that the establishment has each of the following requirements: 1.

Construction of rooms used for toilets, tubs, steam baths, and showers shall be waterproof with approved waterproof materials.

2.

Toilet facilities shall be provided in convenient locations. When five (5) or more employees and patrons of different sexes are on the premises at the same time, separate toilet facilities shall be provided. A single water closet per sex shall be provided for each twenty (20) or more employees or patrons of that sex on the premises at any one time. Urinals may be substituted for water closets after one (1) water closet has been provided. Toilets shall be designated as to the sex accommodated therein.

3.

Lavatories or wash basins provided with both hot and cold running water shall be installed in either toilet room or a vestibule. Lavatories or wash basins shall be provided with soap in a dispenser and with sanitary towels.

The Director of Public Works shall certify that the proposed massage establishment complies with all of the requirements of this Section and shall give or send such certification to the City Manager.

Section 645.140. Operating Requirements. [CC §11.69; Ord. No. 32, 12-16-1974] A.

Every portion of a massage establishment, including appliances, apparatus and personnel shall be kept clean and operated in a sanitary condition.

B.

All employees shall be clean and wear clean outer garments whose use is restricted to the massage establishment. Provisions for a separate dressing room for each sex must be available on the premises with individual lockers for each employee. Doors to such dressing rooms shall open inward and shall be self-closing.

C.

All employees, masseurs and masseuses must be moderately attired. Diaphanous, flimsy, transparent, form-fitting or tight clothing is prohibited. Clothing must cover the employee's, masseurs' or masseuses' chests at all times. Hemlines of skirts, dresses or other such attire may be no higher than the top of the knee.


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D.

The private parts of patrons must be covered by towels, cloths or undergarments when in the presence of an employee, masseur or masseuse. Any contact with a patron's genital area is strictly prohibited.

E.

All massage establishments shall be provided with clean, laundered sheets and towels in sufficient quantity and shall be laundered after each use thereof and stored in an approved, sanitary manner.

F.

Wet and dry heat rooms, shower compartments, and toilet rooms shall be thoroughly cleaned each day the business is in operation. Bathtubs shall be thoroughly cleaned each day the business is in operation.

G.

Advertising. No massage establishment granted a permit under provisions of this Chapter shall place, publish or distribute or cause to be placed, published or distributed any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective patrons that any service is available other than those services as defined as a "massage" in Section 645.010 hereof. or that employees, masseurs, or masseuses are dressed in any manner other than those described in Subsection (C) of this Section,nor shall any massage establishment indicate in the text of such advertising that any service is available other than those services defined as a "massage" in Section 645.010 hereof.

H.

All services defined as a "massage" herein must be carried on in one (1) cubicle, room, booth, or area within the massage establishment. No service defined as a "massage" herein may be carried on in any other cubicle, room, booth or area except where such cubicle, room, booth or area has transparent doors or walls, such that all activity within the cubicle, room, booth or area is visible from outside the same.

I.

A massage establishment shall not carry on, engage in, or conduct, business on Sunday and on other days shall not carry on, engage in or conduct business before 8:00 A.M. or after 6:00 P.M.

Section 645.150. Daily Register. [CC §11.70; Ord. No. 32, 12-16-1974] Every person who engages in or conducts a massage establishment shall keep a daily register, approved as to form by the City Manager, of all patrons, with names, addresses and hours of arrival and, if applicable, the rooms or cubicles assigned. Said daily register shall at all times during business hours be subject to inspection by the City Manager and shall be kept on file for one (1) year.

Section 645.160. Inspection by Police. [CC §11.71; Ord. No. 32, 12-16-1974] The Police Department and the Department of Public Works shall, from time to time and at least twice a year, make an inspection of each massage establishment in the City of St. John for the purposes of determining that the provisions of this Chapter are complied with. Such inspections shall be made at reasonable times and in a reasonable manner. It shall be unlawful for any permittee to fail to allow such inspection officer access to the premises or to hinder such officer in any manner.

Section 645.170. Application of Regulations to Existing Business. [CC §11.72; Ord. No. 32, 12-16-1974] http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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A.

Holders of any outstanding massage establishment permits heretofore issued under any provision of law are required to comply with all provisions of this Chapter.

B.

Applicants for a masseur or masseuse permit may substitute one (1) year's continuous experience as a masseur or masseuse in lieu of the requirement of a diploma or certificate of graduation from a recognized school or other institution of learning wherein the method and work of masseuse is taught. Such masseur or masseuse must obtain an affidavit attesting to such experience from the owner of the establishment where the continuous year of experience occurred. If, after diligent effort, the masseur or masseuse is unable to obtain an affidavit from the owner, such masseur or masseuse may submit an affidavit from a person who has first-hand knowledge of his or her continuous year of experience.

Section 645.180. Time Limit for Filing Application for Permit. [CC §11.73; Ord. No. 32, 12-16-1974] A.

All persons who possess any outstanding permit heretofore issued as either the operator of a massage establishment or as a masseur or masseuse must file for a new permit within six (6) months of December 16, 1974.

B.

This Chapter shall not apply to hospitals, nursing homes, sanitariums, or persons holding an unrevoked certificate to practice the healing arts under the laws of the State of Missouri or to persons working under the direction of any such person or in any such establishment.

Section 645.190. Violation and Penalties. [CC §11.74; Ord. No. 32, 12-16-1974; Ord. No. 1014 §1, 7-15-2013] Every person, except those persons who are specifically exempted by this Chapter, whether acting as an individual, owner, employee of the owner, operator or employee of the operator, or whether acting as a mere helper for the owner, employee or operator acting as a participant or worker in any way, who gives massage or conducts a massage establishment without first obtaining a permit and paying a license fee to do so from the City of St. John or shall violate any of the provisions of this Chapter shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not to exceed one thousand dollars ($1,000.00), or imprisonment for ninety (90) days, or by both such fine and imprisonment.

Chapter 650. Rooming Houses Section 650.010. New Rooming Houses Prohibited. [CC §18.600; Ord. No. 25, 10-7-1974] Nothing in this Chapter shall be interpreted to permit the establishment of new rooming houses in the City of St. John after March 18, 1963.

Section 650.020. Definition. [CC §18.610; Ord. No. 25, 10-7-1974; Ord. No. 276, 9-15-1986] A "rooming house" is defined as a building where lodging is provided for compensation to two (2) or more persons, pursuant to previous arrangements, including sleeping rooms, boarding houses, hotels and private http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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clubs.

Section 650.030. License Required. [CC §18.620; Ord. No. 25, 10-7-1974] It shall be unlawful to operate a lodging, rooming or boarding house within the City of St. John without first having obtained a license as provided for in this Chapter.

Section 650.040. Application for License. [CC §18.630; Ord. No. 25, 10-7-1974] Every operator of an existing lodging, rooming or boarding house shall file an application with the City Clerk of the City of St. John for a license. Such application shall state the address of the building so used, the number of stories, total number of rooms in the structure and the total number of rooms to be rented, maximum number of paying guests that will occupy any one (1) room and other pertinent information, such as type of construction of the structure, number of stairways, exits, and facilities that are provided for safety measures.

Section 650.050. Inspection Required. [CC §18.640; Ord. No. 25, 10-7-1974] Upon filing of such application, the City Clerk shall furnish all pertinent data to the Building Inspector and the Health Officer who shall make a thorough inspection of the facilities and prepare a written report thereon regarding whether the facilities conform to the requirements of this Chapter and all other requirements of the ordinances of the City of St. John.

Section 650.060. Posting of License. [CC §18.650; Ord. No. 25, 10-7-1974] If the Building Inspector and the Health Officer approve the facilities for use of lodging, rooming or boarding house, the City Clerk may issue the applicant a license therefor, a copy of which shall be posted in a prominent position in the hallway of the structure. The operator of any lodging, rooming or boarding house shall apply for a renewal of such license and permit on or before the first (1st) day of January of each calendar year.

Section 650.070. Annual Inspection Required. [CC §18.660; Ord. No. 25, 10-7-1974] In addition to the initial inspection, after the passage of this Chapter, of the facilities for lodging, rooming and boarding house purposes, the Building Inspector and Health Officer shall make annual inspections of the facilities. Whenever, upon such inspection of any rooming house, the Officials shall find that the conditions or practices which exist are in violation of any provision of this Chapter or of any rule or regulation adopted pursuant thereto, the Official shall give notice in writing to the operator of such rooming house that unless such conditions or practices are corrected within a reasonable time, not to exceed thirty (30) days, the operator's rooming house license will be suspended. At the end of such period, the Official shall reinspect http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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such rooming house, and if he finds that such conditions or practices have not been corrected, he shall give notice, in writing, to the operator that the latter's license has been suspended. Upon receipt of notice of such suspension, such operator shall immediately cease the operation of such rooming house, and no person shall occupy for sleeping or living purposes any rooming unit therein.

Section 650.080. Hearing Can Be Requested — When. [CC §18.665; Ord. No. 25, 10-7-1974] Any person whose permit to operate a boarding house has been suspended or who has received notice from the Officials that his permit is to be suspended unless existing conditions or practices at his rooming house are corrected, may request and shall be granted a hearing on the matter before the City Manager, provided however, that if no petition for such hearing is filed within ten (10) days following the receipt of notice of suspension, such permit shall be deemed to have been automatically revoked.

Section 650.090. Minimum Requirements for License. [CC §18.670; Ord. No. 25, 10-7-1974] A.

The following minimum standards or requirements shall be met before any license shall be issued for the operation of a lodging, rooming or boarding house, and shall thereafter be conformed to at all times: 1.

Every room occupied for sleeping purposes by one (1) person shall contain at least seventy (70) square feet of floor space, and every room occupied for sleeping purposes for more than one (1) person shall contain an additional fifty (50) square feet of floor space for each occupant thereof.

2.

At least one (1) flush water closet, lavatory basin and bath and tub or shower, properly connected to a water and sewer system approved by the Building Inspector, and in good working condition, shall be supplied for each eight (8) persons or fraction thereof, residing within a rooming house, including members of the proprietor's family whether they share the use of such facilities or not. All such facilities shall be located within the dwelling as to be reasonably accessible from a common hall or passage to all persons sharing such facilities. Every lavatory basin and bath tub or shower shall be supplied with hot water at all times and no such facilities shall be located in a basement, except by written approval of the Health Officer.

3.

Every proprietor of a rooming house shall change supplies, bed linens and towels at least once each week, and prior to the letting of any room to a new occupant. The proprietor shall be responsible for the maintenance of all supplied bedding in a clean and sanitary condition.

4.

Every rooming unit shall have safe, unobstructed means of egress leading to open space at ground level. Every sleeping room shall have at least one (1) outside window, and the proprietor shall provide adequate screens for all windows and doors. The proprietor of every rooming house shall provide heat during the cold weather, normally after October fifteenth (15th), and until warm weather begins, normally around April fifteenth (15th), of each year.

5.

The entire premises shall be kept in a clean sanitary condition and no accumulation of dirt or filth in any lodging, rooming or boarding house shall be permitted, and all measures necessary for the control of rats, flies, mosquitoes and similar pests shall be taken.

6.

All stairways, halls and passageways shall be kept adequately lighted at night and exit lights shall be installed and kept in operation to insure ready readability indicating the direction of the nearest exit.


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7.

No cooking in rooms shall be permitted except for central cooking facilities. No hot plates or other cooking facilities shall be maintained in sleeping quarters.

Section 650.100. Amount of Fee. [CC §18.680; Ord. No. 25, 10-7-1974] The minimum fee to be paid to the City for any license as required in this Chapter shall be twenty-five dollars ($25.00). This fee shall include the cost of the initial inspection and annual inspection, and the license shall be valid for a period of one (1) calendar year. All fees paid to the City Clerk shall then be deposited and credited to the General Revenue of the City.

Section 650.110. Effect of Advertising. [CC §18.690; Ord. No. 25, 10-7-1974] Any person, firm, corporation, or the agent, officer or servant thereof who shall offer to let rooms by public and/or other announcement, shall under the terms of this Chapter, be operating a lodging, rooming or boarding house.

Section 650.120. Penalties. [CC §18.695; Ord. No. 25, 10-7-1974] A.

It shall be the duty of the Building Inspector and Health Officer to enforce the provisions of this Chapter.

B.

The owner or general agent of a building or premises where a violation of any of the provisions of this Chapter have been committed or shall exist, or the owner or general agent, lessee or tenant of any part of the building or premises in which such violation has been committed or shall exist, or the general agent, architect, builder, contractor or any other person who commits, takes part or assists in any such violation, or who maintains any building or premises in which such violation shall exist, shall upon conviction, be guilty of a misdemeanor, punishable by a fine of not less than ten dollars ($10.00) for each and every day that such violation continues, but if the violation be willful, upon conviction thereof, the punishment shall be a fine of not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00), or imprisonment for ninety (90) days, or by both such fine and imprisonment, for each and every day that such violation shall continue, and each twenty-four (24) hours of maintenance of prohibited conditions shall constitute a separate and distinct offense. [Ord. No. 1014 §1, 7-15-2013]

Chapter 655. Certain Utility Businesses Editor's Note — Ord. no. 854 was passed in compliance with HB209 of the 2006 Missouri Legislative session. Provisions contained in HB209 were subsequently deemed unconstitutional by the Missouri Supreme Court on August 8, 2006 in City of Springfield, Appellant V Sprint Spectrum, L.P., Respondent Case No. SC87238. Consequently, this ordinance was not codified.

Section 655.010. Person Defined. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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[Ord. No. 365 §1, 5-15-1989] PERSON When used in this Chapter shall include any individual, firm, partnership, co-partnership, joint partnership, joint venture, association, corporation, estate, business trust, trustee, receiver, syndicate or any other group or combination acting as a unit, in the plural as well as the singular.

Section 655.020. Gross Receipts Defined. [Ord. No. 365 §2, 5-15-1989; Ord. No. 374 §1, 10-2-1989; Ord. No. 812 §1, 9-20-2004] GROSS RECEIPTS The aggregate amount of all sales and charges for electricity, natural gas, telephone service and water made by any person in the City of St. John, during the applicable period, less discounts, credits, refunds, sales taxes and uncollectible accounts actually charged off during the applicable period.

Section 655.030. Monthly Tax Imposed — Amount of Tax. [Ord. No. 365 §3, 5-15-1989; Ord. No. 374 §1, 10-2-1989; Ord. No. 448 §1, 10-19-1992; Ord. No. 812 §1, 9-202004] Every person now or hereafter engaged in the business of supplying electricity, natural gas, telephone service and water for compensation for any purpose in the City of St. John shall pay to the City of St. John as a license tax a sum equal to five percent (5%) of the gross receipts from the transaction of such business.

Section 655.040. Sworn Statement Required — Authority of City Clerk to Investigate. [Ord. No. 374 §2, 10-2-1989] It is hereby made the duty of every person engaged in the businesses described in Section 655.030 to file with the Clerk of the City of St. John on or before the thirtieth (30th) day of November, 1989, and on the last day of each month thereafter, a sworn statement of the gross receipts of such persons from such business for the preceding calendar month. The Clerk of the City of St. John, or his or her duly authorized deputy, shall be and is hereby authorized to investigate the correctness and accuracy of the statement and for that purpose shall have access at all reasonable times to the books, documents, papers, and records of the person enacting such statement in order to ascertain the accuracy thereof.

Section 655.050. Filing of Sworn Statement. [Ord. No. 374 §3, 10-2-1989] At the time of filing the sworn statement, as provided in Section 655.040 hereof, all persons subject to this Chapter shall pay to the City of St. John an amount equal to five percent (5%) of said persons's gross receipts for said period. Effective October 1, 1989, gross receipts shall be collected at five percent (5%) with a payment date of November 30, 1989. Thereafter within thirty (30) days from the end of each month all persons subject to this Chapter shall pay to the City of St. John an amount equal to five percent (5%) of said persons's gross receipts for said monthly period. http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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Section 655.055. Reaffirming the Gross Receipts Tax. [Ord. No. 969 §1, 9-22-2011] The gross receipts tax imposed upon electric corporations, including, but not limited to, Ameren Missouri, pursuant to Chapter 655 of the Municipal Code of the City of St. John shall be maintained at its existing rate of five percent (5%), despite the tariff increase awarded by the PSC to Ameren Missouri effective on July 31, 2011.

Section 655.060. Tax in Lieu of Other Occupation Taxes, Subject to Qualifications. [Ord. No. 365 §6, 5-15-1989; Ord. No. 374 §1, 10-2-1989; Ord. No. 812 §1, 9-20-2004] The tax herein required to be paid shall be in lieu of any other license or occupation tax required of any person engaged in the business described in Section 655.030 hereof, but nothing herein contained shall be so construed as to exempt any such person from the payment to City of St. John of the tax which the City levies upon the real or personal property belonging to any such person, nor the tax required of merchants or manufacturers for the sale of anything other than electricity, natural gas, telephone service and water, nor shall the tax herein required exempt any such person from the payment of any other tax which may be lawfully required other than any license or occupation tax on the business described in Section 655.030. Such persons subject to the terms of this Chapter shall be allowed a credit for future taxes with respect to refunds actually made to its customers by order or filing of the appropriate regulatory authority having jurisdiction to require such refund to be made.

Section 655.070. Rebate Applicable to Whom. [Ord. No. 365 §7, 5-15-1989; Ord. No. 454 §1, 12-21-1992; Ord. No. 882 §1, 5-21-2007] Any resident of the City of St. John, Missouri, who resided in the City for the entire previous calendar year and who was or turned sixty-five (65) years of age or older at some point during the year for which the rebate is being offered, may apply each February through April on forms provided by the City for a rebate on their utility taxes paid in the previous calendar year as a result of the enactment of this Chapter. The rebate set forth in this Section shall be subject to an annual review of the Council to determine the amount of rebate. The Council shall also either renew or withdraw the provisions of this Section.

Section 655.080. Penalty. [Ord. No. 365 §8, 5-15-1989; Ord. No. 1014 §1, 7-15-2013] Any person engaged in the business described in Section 655.030 who shall violate any of the provisions of this Chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00), or imprisonment for ninety (90) days, or by both such fine and imprisonment. Each day such violation of this Chapter shall continue shall constitute a separate offense.

Cross Reference http://www.ecode360.com/print/ST3437?guid=ST3437&children=true

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Chapter CR. Cross Reference Section CR.010. Cross Reference Table. Ordinance Number 10-1974 11-1974 14 20 23

Disposition/ Date of Adoption 7-1-1974 7-1-1974 8-6-1974 N.G.A. 10-7-1974

25

10-7-1974

29 32

Superseded 12-16-1974

34 35 38

Not Codified N.G.A. 2-3-1975


Section of Ordinance 1-29 1-36 na

Section this Code 400.010 — 400.520 405.010 — 405.400 Sch. V

na na na na na na na na na na na na na na na na na na na na na

105.010 — 105.060 110.010 — 110.050 110.070 — 110.090 115.010 — 115.070 135.010 — 135.140 140.020 — 140.040 140.080 — 140.120 390.040 — 390.070 390.090 — 390.140 390.170 — 390.200 205.010 — 205.150 205.200 205.220 — 205.250 215.010 — 215.020 225.050 230.010 — 230.020 230.040 — 230.170 235.010 — 235.100 235.120 — 235.130 240.010 Ch. 650

na na na na na na na na na

200.010 — 200.060 210.030 — 210.050, 210.070 210.120 — 210.140 210.190 210.250 — 210.290 210.350 215.030 — 215.040 610.060 Ch. 645

na na na

370.060 385.010, 385.040 — 385.050 373/386

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41 42 47 52 56 59 60 62 70 75 82 86 89 91 92 94 97 100 101 104 106 108 109 112 113 115 116 117 122 126 128 130 131 132 133 137 140

2-3-1975 2-17-1975 4-7-1975 5-5-1975 N.G.A. 7-21-1975 N.G.A. Not Codified 10-20-1975 N.G.A. 4-5-1976 Superseded 7-5-1976 Superseded Superseded 11-1-1976 Superseded Not Codified Superseded 3-7-1977 Superseded 7-5-1977 8-5-1977 Superseded N.G.A. 11-7-1977 11-7-1977 11-7-1977 2-20-1978 6-5-1978 9-5-1978 9-5-1978 N.G.A. 11-20-1978 12-4-1978 12-18-1978 4-2-1979

147 148 150 151

7-16-1979 N.G.A. N.G.A. 9-17-1979

153

12-3-1979


na na na na na na na na

Schs. II, III, IV, V, VI, VIII, XI 505.010 — 505.020 505.040 415.020 — 415.050 230.060 Chtr. § 6.02 140.010 350.110

na

125.010 — 125.020

na

210.150

na

Sch. VI, Tbls VI-A — VI-B

na

Sch. VI, Tbl. VI-C

na

Sch. V

na

200.070

na na

210.300 210.120

na na na na na na na

200.080 Sch. III, Tbl. III-D Sch. VI, Tbl. VI-A Sch. V 140.070 Sch. III, Tbl III — A 115.060

na na na na na

390.080 Sch. V Sch. V 520.010 520.030 — 520.060 210.400

na na na

230.060 230.170 Sch. III, Tbl III-D 374/386

5/15/2015


156

1-7-1980

157 159 160 161 162 163 164 166

Superseded N.G.A. 2-4-1980 Superseded 3-17-1980 3-17-1980 5-5-1980 6-16-1980

167 168 169 172 174 175 176 177 178 181 183 184 186 187 188 189 191 195 196 198 202 203 204 205 206 208 214 216 217 223 225 227 229 231 232 235

6-16-1980 Superseded Superseded 9-30-1980 Superseded N.G.A. 10-20-1980 12-1-1980 12-15-1980 3-3-1980 4-6-1981 4-6-1981 Superseded N.G.A. 6-15-1981 Superseded/401 7-2-1981 Not Codified 10-19-1981 11-16-1981 4-19-1982 Superseded/401 Superseded/401 Superseded 6-21-1982 Superseded/348 Superseded 2-7-1983 2-23-1983 8-15-1983 N.G.A. 6-4-1984 N.G.A. 8-20-1984 8-20-1984 1-7-1985

237

2-18-1985


na

205.210

na

Chs. 300 — 390

na na

na

205.260 Sch. III, Tbl III-D Sch. X Sch. V Sch. VI, Tbl VI-E 205.010

na

640.010

na na na na na na

Sch. III, Tbl III-A 400.210 400.210 210.070 240.030 Sch. III, Tbl III-D

na

350.100

na

505.080

na na na

240.020 Sch. V 415.060

na

Sch. V

na na na

210.390 400.090, 415.070 110.060

na

Sch. V

na na na na na

140.010, 140.060 Ch. 515 210.300 600.270 210.130

na

375/386

5/15/2015


238 239 242 243 244 246 248 249 250 251 253 261 262 264 265 266 267 268 271 272 274 275 276

Superseded/315 3-18-1985 Superseded 9-9-1985 9-9-1985 Not Codified 10-21-1985 11-4-1985 N.G.A. 11-18-1985 Not Codified 5-5-1986 5-5-1986 6-2-1986 8-16-1986 N.G.A. 7-7-1986 8-4-1986 N.G.A. N.G.A. 8-18-1986 8-18-1986 9-15-1986

277

10-6-1986

278 281 283 284 286 288 289 290 291 292 293

10-20-1986 11-3-1986 11-17-1986 N.G.A. N.G.A. 2-2-1987 N.G.A. N.G.A. N.G.A. N.G.A. 4-20-1987

297 298 299 300

7-20-1987 7-20-1987 Superseded 7-20-1987


na na

140.010, 140.070 400.210

na

415.010 — 415.070

na

Sch. V

na na

210.360 Sch. V

na na

Sch. V 230.090

na

640.020

na na na na

400.450 400.120 400.210 505.050

na

115.080, 115.100 Chtr §§ 2.06(C), 2.13(C)

na na na na na na na na na

500.010 500.020 — 500.030 225.010 — 225.040 650.020 215.030 215.050 — 215.060 135.070 210.220 Sch. III, Tbl III-D

na

200.090

na na na na na na na

600.010 — 600.050 600.070 — 600.120 600.140 — 600.150 600.170 — 600.210 600.240 — 600.260 505.060 210.010

na

375.030 376/386

5/15/2015


301 302

Not Codified N.G.A.

304 305 307 308 309 310

Superseded 8-17-1987 8-17-1987 9-8-1987 N.G.A. 11-16-1987

315 318 319

N.G.A. 2-16-1988 2-16-1988

320 321 323 324 327 328 329 330 331 332 333 334 335 338 339 340 342

3-7-1988 Superseded 3-7-1988 3-21-1988 Superseded/354 N.G.A. 5-16-1988 N.G.A. 5-16-1988 5-16-1988 5-16-1988 N.G.A. Not Codified 5-16-1988 6-6-1988 7-5-1988 8-1-1988

343 344 346 347 348 349

8-1-1988 8-1-1988 11-7-1988 N.G.A. 11-21-1988 12-5-1988

351 352 354

N.G.A. Not Codified 1-16-1989


210.170 235.140 Sch. III, Tbl III-D 1—5 7 — 11

145.010 — 410.050 145.060 — 145.100

na na na na

600.060 410.010 — 410.050 400.400, 505.090 210.340

na na

215.030, 215.070 210.020

2

600.030

na na na

205.160 305.040 110.100

na na na na na na na na

415.010 — 415.030 505.030 400.090, 400.110 230.030 230.060 400.210 415.070 Sch. III, Tbl III-B

na 2

Sch. VI, Tbl VI-D 525.010 — 525.050 Ch. 605 610.010 — 610.050 610.070 — 610.130 615.020 — 615.090 620.010 — 620.080 Ch. 625 Ch. 630

na

Sch. V 377/386

5/15/2015


358 359 360 361

Superseded/423 4-3-1989 4-3-1989 4-17-1989

362 363 364 365

5-1-1989 5-15-1989 Not Codified 5-15-1989

366 367 374 375 379 380 385 386 388

N.G.A. 7-3-1989 10-2-1989 11-20-1989 Not Codified Not Codified 6-4-1990 Did not pass 8-6-1990

390

8-6-1990

391 393 394

8-6-1990 10-15-1990 11-5-1990

395 396 400 401 402 404 405 406 407 409 410 411 413 416 419

Superseded/401 12-3-1990 2-4-1991 2-4-1991 2-4-1991 4-1-1991 4-15-1991 5-6-1991 5-6-1991 6-3-1991 7-1-1991 8-19-1991 9-16-1991 12-16-1991 1-27-1992

420 421 422 423 424 425 427

1-27-1992 2-3-1992 3-2-1992 Not Codified 3-2-1992 3-16-1992 4-6-1992


1 1 1

505.010 520.020 235.140

1 1

600.030, 600.210 235.110

1-3 6-8

655.010 — 655.030 655.060 — 655.080

1 1-3 na

505.070 655.020 — 655.060 Chtr. § 2.05(D)

1-3

390.030

1-2 3-4 1—5 na na 1-2 1 2-3

210.330 210.370 360.080 Sch. VII Sch. VI, Tbl VI-A 320.010, 320.015 240.010 240.040

na 1 na 1 na 1 1-2 1 na na 1-4 na 1-13 7-9 10-11 na na 1

Sch. III, Tbl III-A 240.010 Sch. I 400.120 Sch. I 400.210 210.320 400.210 Sch. IX Sch. VII 130.010 — 130.040 Sch. III, Tbl. III-D Ch. 635 230.010 — 230.030 230.050 — 230.060 Sch. III, Tbl III-D Sch. IX 635.020

1 1 1

145.020 — 145.030 390.150 400.120 378/386

5/15/2015


432 438 439 440

5-18-1992 5-18-1992 6-1-1992 Superseded

1-4 1 na

350.120 640.010 Sch. III, Tbl III-D

441 442 443 448 452 454 455 458 460 462 463 467

8-17-1992 8-17-1992 9-21-1992 10-19-1992 12-21-1992 12-21-1992 12-21-1992 3-13-1993 5-3-1993 5-17-1993 5-17-1993 7-6-1993

470 471 473 475 480

8-2-1993 8-16-1993 10-4-1993 11-1-1993 1-3-1994

1-2 1 1 1 1-2 1 1-2 1 na 2 1—2 1 2 3 4 1—2 na 1 1 1 2

335.230 115.060 600.130 655.030 210.310 655.070 210.080 200.100 Sch. V 125.010 610.140 600.010 600.030 600.060 600.220 205.190 Sch. I 400.105 Sch. V 230.040 230.180

485 486 487 488 491 492 493 494 496 Supp. #1, 4/95 497 498 499 500 501 502 503 504 505 506 507 508

Repealed/510 4-18-1994 4-18-1994 5-16-1994 6-6-1994 6-20-1994 6-20-1994 6-20-1994 8-1-1994

2 1 1 1 1 1(11.055) 1

Sch. V 115.060 115.060 Sch. XI 505.010 335.260 210.135 235.110

1—4 1

Ch. 130 Sch. XI

1

600.280

1 — 10

Adopting Ord.

1 1

600.220 230.060(B)(2)(f)

8-15-1994 9-19-1994 N.G.A. 10-17-1994 N.G.A. 10-17-1994 N.G.A. N.G.A. 11-21-1994 11-21-1994 N.G.A. N.G.A.


379/386

5/15/2015


509 510 511 Supp. #2, 6/96 513

3-6-1995 3-6-1995 3-6-1995

1 1 1

115.060(G) Sch. III, Tbl III-C Sch. III, Tbl III-D

5-15-1995

1—3

Ch. 643

514 515 517 518 519 522 523

5-15-1995 5-15-1995 5-15-1995 6-19-1995 7-24-1995 8-21-1995 8-21-1995

527 529

11-11-1995 11-20-1995

1—2 1 1 1 1—2 1 1—2 1, 3 1 1

530 533 535 538

11-20-1995 12-4-1995 12-18-1995 2-5-1996

541 542 Supp. #3, 3/97 546 546-A 547 548 549 551 558 559 Supp. #4, 2/99 567 568

2-20-1996 4-15-1996

1 1 1 1 2 1 1

205.240 Sch. III, Tbl. III-C 375.030(E) Sch. III, Tbl. III-D Ch. 410 210.245 500.010 500.020 Sch. V 400.140(C)(3) 400.110(I) 505.070 — 505.073 Sch. III, Tbl. III-D Sch. IX 400.030(C) 400.250 210.185 Sch. I

1 1 1 1 1

Sch. VII 140.010(B) 640.020(A) 350.010(A)(2) Sch. I

1 1—4

115.060(B) Ch. 130

570 572 573 574 575 576 577 580 581 582 583

4-7-1997 N.G.A. N.G.A. 4-21-1997 5-5-1997 6-16-1997 7-7-1997 N.G.A. N.G.A. 10-20-1997 10-20-1997

1—2 1, 3 1

215.030 215.060 600.230(C)

1—2 1 1 1—2

530.010 610.150 Sch. I 400.105

1—2 1—2

115.060(B — C) 375.030

6-17-1996 7-1-1996 7-1-1996 7-15-1996 8-5-1996 N.G.A. 11-4-1996 12-16-1996 N.G.A. 3-17-1997


380/386

5/15/2015


586 589 594 596

N.G.A. 12-15-1997 N.G.A. 2-2-1998

600 603

3-16-1998 4-20-1998

607 608 612 614 619 620 622 624 625 Supp. #5, 6/00 626 627 628 629 630 631 632 633 634 635 636 637 638

7-20-1998 N.G.A. N.G.A. 8-17-1998 11-2-1998 11-2-1998 11-16-1998 12-21-1998 12-21-1998

639 640 641 642 643 644 645 646 647 648 649 650 651 652 653 654 655

N.G.A. 8-2-1999 N.G.A. 8-2-1999 N.G.A. N.G.A. N.G.A. N.G.A. N.G.A. 11-1-1999 11-1-1999 N.G.A. N.G.A. N.G.A. 12-20-1999 12-20-1999 N.G.A.

N.G.A. N.G.A. N.G.A. 1-4-1999 N.G.A. N.G.A. 3-16-1999 N.G.A. 4-5-1999 N.G.A. 4-19-1999 N.G.A. 6-21-1999


1

Sch. VI

1—2 3 1 1

500.010 500.020 520.020 375.050

1

320.060

1—4 1 1—2 1 1 1

130.010 — 130.040 500.010 520.025 335.240(A) 210.180(A) 210.185(B)(4)

1—3

505.085

1 — 14

215.080 — 215.210

1—2

Sch. X

1

Repealed

Sch. VI, Tbl. VI-C

1 3

Sch. III, Tbl. III-B Sch. III, Tbl. III-D

1

Sch. VII

1—4

360.080(D — G)

1 1

520.050(B) 360.080(E)

1—2 1

Ch. 365, 370.040 115.060(G) 381/386

5/15/2015


656 657 658 659 660 661 662

N.G.A. N.G.A. N.G.A. 2-7-2000 3-6-2000 N.G.A. 3-20-2000

663 664 665 666

N.G.A. 4-3-2000 N.G.A. 5-15-2000

Supp. #6, 11/01 667 670 679 680 682 683 684 685 687

8-7-2000 8-21-2000 11-6-2000 11-20-2000 N.G.A. N.G.A. N.G.A. N.G.A. 11-20-2000

688 693 694 696 698 699 704 705 709

12-4-2000 4-16-2001 4-16-2001 N.G.A. 7-2-2001 7-2-2001 N.G.A. 7-16-2001 8-9-2001

710 712

8-9-2001 9-17-2001

715 717 719 Supp. #7, 11/02 727 728

10-1-2001 10-15-2001 11-19-2001

729

4-1-2002

4-1-2002 4-1-2002


1 1

115.070(C) Sch. V

1—2

335.270

1

520.050(G)

1—6 7

205.010 — 205.100 205.260, 205.210

1 1 1 1

Sch. III 500.010 Ch. 535 603.010 — 603.150

1 2 1—8 1—2 1

620.030(A) 620.080(A) 610.160 125.010 500.010

1 1

520.020(A),(B,5) 215.075

1 1 2—3 4 4 5 1—3 1 2 1—2 1 1

400.090(E)(6)(b) 380.010 380.060 — 380.070 305.040 380.080 380.090 210.315 605.115 600.130 115.060(C), (H) 210.160(A)(5) Sch. I

1 1 2 1

Repealed

520.023 320.060(B) Sch. IX Sch. I 382/386

5/15/2015


730

4-15-2002

731 732 743

5-20-2002 5-20-2002 8-19-2002

746 747 752 Supp. #8, 8/03 753 758 759 760 761 762 763 764 765

7-1-2002 7-1-2002 11-18-2002

766 767(Supp. #9, 8/04) 772 773

5-19-2003 5-19-2003

775 776

8-4-2003 8-4-2003

778 779 Supp. #9, 8/04 780 781 783 784 785 787

N.G.A. N.G.A.

N.G.A. 3-3-2003 3-17-2003 4-7-2003 4-7-2003 4-21-2003 4-21-2003 5-5-2003 5-19-2003

5-19-2003 7-7-2003

10-6-2003 12-15-2003 12-15-2003 N.G.A. N.G.A. 1-5-2004


1 2 1 1 1(A) 1(B) 1(C) 1(D — G) 1(H)

Repealed Repealed Repealed

215.085 215.086 230.060(B)(2)(f) 400.470(B)(6) 135.010 — 135.030 135.040 135.050 135.060 — 135.090 135.100

1(I) 1 1 1,2

135.110 400.105(A) Sch. I 210.180(A),(C)

1 1—2 1 1 1 1 1 1 2—3 4 5 6 1 1

210.335 520.026 520.020(B)(6) 520.020(B)(7) 600.130(A) 400.250(C)(3), (D),(F — G) 520.023 605.090,605.160 610.020 615.030 415.030 230.030(B) Sch. VII Chtr. 2.03, 110.080

1 1 2 1 1(a) 1(b) 1(c) 1(d — f) 1(g)

610.150 Sch. V Sch. VI 210.200(D) 600.010 600.030(F) 600.160 600.210(A)(C)(E) 600.220

1 1 1

520.023(6) 500.010 115.025

1

Sch. V 383/386

5/15/2015


790 791 793

3-1-2004 3-15-2004 3-15-2004

794 798 799 800 803

4-5-2004 4-19-2004 N.G.A. 6-21-2004 6-21-2004

806 Supp. #10, 3/05 812 815 817 818

8-2-2004

821 824 825 826

1-3-2005 3-21-2005 3-21-2005 3-21-2005

Supp. #11, 6/05 828 (Supp. #12, 1/06) 829 830 831 832

9-20-2004 11-15-2004 12-20-2004 12-20-2004

1—2 1 1 2 1 1

355.040 400.030(C) 400.450(A) 400.460(B) 210.165 230.060(B)(2)(e)

1—2 1 2

636.010 400.030 400.090(H), 400.100(H), 400.110(H), 400.120(H)

3 4 1

400.030 400.200(2)(b) 400.250(C)(F)(I)

1 1 1—2 1 2 1, 3 1 1 1 2

655.020 — 655.030, 655.060 400.210(A)(13) 505.010 205.210 205.190(B)(1) 141.010 Sch. X 505.010(B) 205.100 205.260

Rpld

4-18-2005

1—3

210.316

5-2-2005 5-16-2005 5-16-2005 6-6-2005

1 1 1 1 2 3 4—5 6 7 8 9 10 1

400.250(H) 505.010 600.230(C) 605.070(A) 605.080(A) 605.080(B — C) 605.150(A — B) 605.180(A) 605.200(B) 610.040 620.030(A) 625.050 350.120(B) 500.010 400.250(G) 400.250(H) 405.320(A) 230.070(A)(4)

833 Supp. #12, 1/06 834 847

6-6-2005

848 Supp. #13, 3/07 851

1-9-2006

1 1 2 1

3-6-2006

1

8-1-2005 1-9-2006


384/386

5/15/2015


854 855 858 859 860 861 866

5-1-2006 5-15-2006 6-19-2006 6-19-2006 6-19-2006 6-19-2006 8-7-2006

10-16-2006

1—6 1 1 1 1 1 2 3 1

Note @ Ch. 655 310.160 375.010(I) 305.075 215.090 505.010(B) Sch. V Sch. VI, Tbl. VI-A Sch. VI, Tbl. VI-E 500.010

872 Supp. #14, 5/08 882 889 898 901 902 905 906 Supp. #15, 6/09 914 916 918 919 921 922 929 930 931 932 Supp. #16, 10/10 939 952 953 Supp. #17, 2/12 962

5-21-2007 10-15-2007 3-3-2008 3-17-2008 4-21-2008 5-19-2008 5-19-2008

1 1 1 1 1 1—2 1

655.070 Sch. IX 375.010(A) 210.095 210.336 505.030(B — C) 600.030(H — I)

8-18-2008 10-6-2008 10-6-2008 10-6-2008 11-3-2008 1-1-2009 4-20-2009 6-15-2009 N.G.A. 6-15-2009

1 1 1 1 1 1 1—3 1

405.320(A) 210.385 230.060(B)(2)(f) 205.210(D) 520.020(B)(5) 390.040 — 390.150 520.027 — 520.029 375.030(C)(1)

1—2

405.140(C)

9-21-2009 10-4-2010 N.G.A.

1 1

135.080(F)(6) 500.010

3-21-2011

1 2 3 1 2 1 1 1 1 1 2

400.020 400.030 400.170(A) 505.055 520.020(B)(8) 655.055 100.010 520.020(B)(9) 210.195 505.087 520.020(B)(10)

967

9-19-2011

969 971 972 973 974

9-22-2011 10-3-2011 10-17-2011 10-17-2011 11-21-2011

Supp. #18, 5/13 982 983

5-21-2012 5-21-2012

1 1—2

235.100 235.110


Rpld Rpld

385/386

5/15/2015


985 987

6-4-2012 7-2-2012

988 990 996

8-6-2012 8-20-2012 11-19-2012

1 1 2 1—2 1—2 1 2 3 4 5 6 7

Rpld

230.060(B)(2)(a)(3) 505.010(B) 520.020(A) 520.023 Chtr. 6.02(A), Chtr. 2.03 400.320(D)(2) 400.020 400.105 400.320(B)(5)(a) 400.350(6) 400.460(F) 400.120(E)(1)(b)

Supp. #19, 3/14 1010 1011 1012

7-1-2013 7-1-2013 7-1-2013

1 1, 3 1 — 7, 9

1013

7-1-2013

1 2 3

1014

7-15-2013

1

1015 1017 1022

8-19-2013 N.G.A. 10-7-2013

1

1030 1031 1032 1033 N.G.A. Superseded

Repealed na

Rpld

505.070 — 505.073 315.040 335.280 220.090(A), 220.100, 220.110, 220.130(A — B) 220.140 220.150 205.160(G), 215.210, 220.070, 230.180, 300.030, 360.080(G), 405.380, 500.040, 505.040, 525.050, 600.250, 600.270(F), 603.150(E), 605.200, 615.090, 645.190, 650.120, 655.080 225.040

1 600.010 2 600.020 3 600.030(J) 4 600.145 3-17-2014 1—3 205.030 4 205.050 3-17-2014 1 215.085 3-17-2014 1 505.050 3-17-2014 1 505.080(B) — Not generally applicable. — Superseded means rendered obsolete by a later ordinance without being specifically repealed; if there is no ordinance number noted after the word superseded, the ordinance was rendered obsolete by provisions agreed upon at the editorial conference and implemented by the adopting ordinance of this Code. — Specifically repealed by a later ordinance. — Not applicable.


386/386