§ 1-2. Definitions.
The following words, terms and phrases, when used in this Code, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Abandoned vehicle. The words "abandoned vehicle" mean any motor vehicle, or parts thereof, situated on property or upon any street or highway, and:
(1)
Which does not have displayed thereon a permanent license plate or set of plates issued for that vehicle indicating current registration by one of the states;
(2)
For which no arrangements have been made for its storage with the owner or occupant of the premises on which it is located; or
(3)
The owner of which has indicated by his words or actions his intent to leave the same and no longer claims ownership thereof.
Accessory structure. The words "accessory structure" mean a detached structure and/or building subordinate to the main or principal structure and located on the same lot, the use of which is customarily incidental to the main building.
Actuarial or risk premium rates. The words "actuarial or risk premium rates" mean 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.
Administrator. The word "administrator" means the city administrator for the City of Ballwin.
Advertising media. The words "advertising media" mean a banner, pennant, streamer, wind-operated mechanism, flashing lights, and any other type of fluttering or flashing device, or person or animal used for attracting attention.
Airport. The word "airport" means an area for the landing or taking off of aircraft, containing two or more runways, either surfaced or sodded, and having a length of at least 2,000 feet, and possessing facilities for the storing, servicing, or repairing of airplanes.
Alcoholic beverage. The words "alcoholic beverage" mean alcohol for beverage purposes, including beer; liquors; malt liquors or wine or any alcohol, whether spirituous, vinous, fermented, malt, or other liquors or combination of liquors, a part of which is spirituous, vinous or fermented and also includes beer or malt liquors manufactured from pure hops or pure extract of hops and pure barley malt or other wholesome grains or cereals and wholesome yeast and pure water and free from harmful substances, preservatives and adulterants and having any alcoholic content by weight or volume.
Alderman. The word "alderman" means any person elected to that office.
Alley. The word "alley" means a public thoroughfare which affords only a secondary means of access to abutting property.
Amusement device. The words "amusement device" mean any apparatus which, upon the insertion of a coin, token, slug or other insertion device or which by remote control or by the payment of a fee, operates or may be operated as a game, contest of skill or amusement of any kind or description for the amusement of the operator, whether or not registering a score, and whether or not activated or manipulated by the operator. The term "amusement device" shall not include "vending machine."
As applied to zoning, "amusement device" means any apparatus which, upon the insertion of a coin, token, slug or other insertion device or which by remote control or by the payment of a fee, operates or may be operated as a game, contest of skill or amusement of any kind or description for the amusement of the operator, whether or not registering a score, and whether or not activated or manipulated by the operator; provided, it has or contains no automatic payoff device for the return of money, trade-tokens or slugs and makes no provision whatever for the return of money to the operator. The term "amusement device" shall not include coin-operated vending machines dispensing food, drink or merchandise of any kind nor any machine or device prohibited by the laws of Missouri or of the United States.
Amusement place. As applied to section 3-56, the words "amusement place" mean any establishment whose business building contains a square footage of at least 10,000 square feet, and where games of skill, commonly known as bowling, are usually played, and which has annual gross receipts of at least $200,000.00 of which no more than 50 percent may be derived from the sale of alcoholic beverages.
Angle parking. The words "angle parking" mean the standing of any vehicle, whether occupied or not, upon a highway, road or street in a manner where the longitudinal axles of vehicles form an angle with the alignment of the roadway.
Annual additions. As applied to the police pension trust, the term "annual additions" means the sum for any plan year of:
(1)
Employer contributions;
(2)
The lesser of:
a.
Any employee contributions (excluding any rollover contributions) in excess of six percent of such employee's compensation; or
b.
One-half of the employee contributions; and
(3)
Forfeitures, if any.
Annual gross receipts. The words "annual gross receipts" mean gross receipts during the calendar year preceding each license year.
Apartment. The word "apartment" means a room or suite of rooms in a multiple dwelling intended and designed for use as a residence by a single family.
Appeal. As applied to chapter 10, Flood hazard areas, the word "appeal" means a request for a review of the building commissioner's interpretation of any provision of chapter 10 or a request for a variance.
Appropriate. The word "appropriate" means to take, obtain, use, transfer, conceal or retain possession of.
Appropriate department head. The words "appropriate department head" mean that person supervising the day-to-day operations of the portion or branch of city operations for which an expenditure is to be made.
Area of shallow flooding. The words "area of shallow flooding" mean a designated AO or AH zone on a community's flood insurance rate map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three 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 words "area of special flood hazard" mean the land in the floodplain within a community subject to one-percent or greater chance of flooding in any given year.
Athletic field. The words "athletic field" mean an outdoor area intended for the play of baseball, football, soccer and similar games. Such facility may include a grandstand, bleachers or similar unenclosed seating arrangements, and customary accessory uses such as refreshment stand, restrooms and parking, but having a roof or similar permanent structure over the playing field.
At large. As applied to animals, the words "at large" apply to any dog, cat or other animal off the premises of its owner's real property and not restrained by a competent person.
Attached. Connected in such a manner that a substantial portion of a construction is supported by another structure on the premises. A connection that involves superficial interconnection to or is joined only to a non-structural member of another structure does not constitute "attached" for the purposes of this definition.
Authorized emergency vehicle. The words "authorized emergency vehicle" mean:
(1)
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 or traffic officer;
(2)
Any privately owned vehicle operated as an ambulance responding to emergency calls;
(3)
Any privately owned wrecker or towtruck, or a vehicle owned and operated by a public utility or public service corporation while performing emergency service, provided they are registered as such with the county;
(4)
Any privately owned vehicle operated by a member of the county police department, sheriff, deputy sheriff, constable, deputy constable, coroner, deputy coroner or member of a police department of any municipality in the county, in the performance of their official duties; or
(5)
Any public works vehicle involved in snowplowing or other emergency situations.
Automobile dealership. The words "automobile dealership" mean any association, individual, corporation, partnership or other entity that has contracted with the manufacturer for the sale, lease and service of new automobiles, buses, trucks or other motor vehicles required by the state to be licensed for use on the highways.
Automobile mall. The words "automobile mall" mean one or more automobile dealerships located at the same location that have contracted with two or more manufacturers or one manufacturer with two or more product lines for the sale, lease or service of two or more product lines of new automobiles, buses, trucks or other motor vehicles required by the state to be licensed for use on the highways.
Awning. The word "awning" means any device or structure entirely supported by the structure to which it is attached and which is covered by canvas, cloth or other material, which may be retractable or rolled to the structure by which it is supported.
Bar. As applied to section 17-65, "bar" means an establishment that is licensed to serve alcoholic beverages for consumption by-the-drink, including an establishment that may also be considered a restaurant and/or a food service establishment that serves food and serves alcoholic beverages for consumption by-the-drink.
Base flood. The words "base flood" mean the flood having one-percent chance of being equalled or exceeded in any given year.
Basement. The word "basement" means a portion of a building located partly underground, next below the principal floor.
As applied to the housing code, "basement" means a story partly or wholly underground, or that portion of a building having its floor below the surface of any abutting ground.
As applied to zoning, "basement" means a story having a part of its height below grade. A basement shall be counted as a story for the purpose of height regulations, if used for any purpose other than storage, parking, heating, cooling, and similar accessory purpose or for the dwelling of a janitor employed on the premises.
Bathing place. The words "bathing place" mean any body of water used collectively by numbers of persons for swimming and recreational bathing together with the shores, structures and equipment, other areas and enclosures pertaining to such bathing places, but do not include baths where the object is the cleansing of the body, or the practice of healing under medical supervision, unless such baths contain pools or tanks which are used collectively by a number of individuals.
Bathroom. The word "bathroom" means a room containing bathing and sanitary facilities provided within each living unit consisting of a water closet, a tub or shower and a lavatory; and a bathroom shall afford complete privacy.
Bicycle. The word "bicycle" means every device propelled solely by human power upon which any person may ride, having two tandem wheels, except scooters and similar devices.
Billboard sign. A freestanding sign, erected outside of a fully enclosed building, being primarily intended for monthly or term lease rental of advertising or announcement of a product, service or position not necessarily sold on or associated with the premises of the sign.
Billboard sign support structure. A free standing structure consisting of support element(s) for a billboard sign.
Board. The word "board," when used in appendix A, article XIX, means the board of adjustment.
Board of aldermen, board. Except as otherwise provided in this section, whenever the term "board of aldermen" or the word "board" is used, unless the context requires otherwise, such term or word shall be construed to refer to the board of aldermen of the city.
Break in service. As applied to the police pension trust, the words "break in service" mean a plan year during which the participant does not complete more than 500 hours of service, other than by reason of an authorized leave of absence pursuant to section 20-91(2.4).
Building. As applied to the moving of buildings, the word "building" means a structure designed, built or occupied as a shelter or roofed enclosure for persons, animals or property and used for residential, business, mercantile, storage, commercial, industrial, institutional, assembly, educational or recreational purposes.
As applied to zoning, "building" means any structure, including a roof supported by walls or columns, for the shelter, support or enclosure of persons, animals, chattels or property of any kind, and when separated by dividing walls without openings, each portion of such building so separated shall be deemed a separate building. The word "building" includes the word "premises."
Building commissioner. The words "building commissioner," as applied to the housing code, mean the building commissioner of the city or such other person, designated by resolution of the board of aldermen, to enforce any provisions of the housing code.
Building, height of. The words "height of building" means the vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridge of a gable, hip or gambrel roof.
Building line. The words "building line" mean the line parallel to the street line, that passes through the point of the principal building nearest the front lot line. In the case of an undeveloped and vacant lot, the building line shall be the setback line demarking the minimum setback of the applicable zoning district.
Bus. The word "bus" means a motor vehicle designed or regularly used for carrying more than ten passengers.
Business or occupation. The word "business" or "occupation" means any person, his lessees and his trustees or receivers appointed by any court whatsoever, engaged in any business, occupation, pursuit, profession or trade, or in the keeping or maintaining of any institution, establishment, articles, utilities or commodities specified in this Code or in any ordinance of the city, within the city, except as may be otherwise provided by ordinance.
Business entity. The words "business entity" mean a corporation, association, firm, partnership, sole proprietorship, joint venture or other business entity of any kind or character.
Camping trailer. The words "camping trailer" mean a vehicular portable unit mounted on wheels and constructed with collapsible partial sidewalls which fold for towing by another vehicle and unfold at the campsite to provide temporary living quarters for recreational, camping or travel use.
Canopy. The word "canopy" means any structure other than an awning, attached to a building or structure and supported independently of that building or structure. Porticos and porte-cocheres shall be considered canopies for the purpose of this definition.
Cat. The word "cat" means any domestic species or variety of the genus Felis, male or female, six months of age or older.
Centerline. As applied to motor vehicles and traffic, the word "centerline" means a line marking the center of a roadway on which traffic moves in both directions, or dividing the roadway between lanes of traffic moving in opposite directions.
Certificate. In chapter 5, Animals and fowl, the word "certificate" means a certificate issued under the county rabies control code at the time of the vaccination of a dog and bearing thereon the signature of the vaccinator, the registration number, the name, color, breed and sex of the dog, the name and address of the owner, the date of the vaccination and the type of vaccine administered.
Charitable solicitation campaign. The words "charitable solicitation campaign" mean any course of conduct involving a solicitor as defined in this section whose activities in soliciting property or financial assistance of any kind or in selling or offering to sell any article, tag, service, emblem, publication, ticket, subscription or anything of value is made on the representation that such sale or solicitation or the proceeds therefrom are for a charitable, educational, patriotic or philanthropic purpose.
Chicken embryo origin vaccine. The words "chicken embryo origin vaccine" mean a vaccine which is manufactured using the embryo of the chicken as a growth medium and also known as the Flury strain vaccine.
Child pornography. The words "child pornography" mean any material or performance depicting sexual conduct, sexual contact, or a sexual performance as these terms are defined in RSMo 556.061 and which has as one of its participants or portrays as an observer of such conduct, contact or performance a child under the age of 18; provided, that it shall not include material which is not the visual reproduction of a live event.
Church bulletin board. The words "church bulletin board" mean a sign attached to the exterior of a church or located elsewhere on the church premises and used to indicate the services and/or other activities of the church.
City, corporation. Whenever the term "the city," "this city," "the corporation" or "this corporation" is used, it shall be construed as if the words "of Ballwin, St. Louis County, Missouri," followed it.
City hall areas. The words "city hall areas" include the aldermanic meeting room, courtroom, restrooms, lobby and stairwells in the city hall.
Clinic. As applied to zoning, the word "clinic" means an establishment where patients who are not lodged overnight are admitted for examination and treatment by a group of physicians practicing medicine together.
Closed meeting, closed record, closed vote. The words "closed meeting," "closed record," or "closed vote" mean any meeting, record or vote closed to the public.
Club. As applied to zoning, the word "club" means a building or portion thereof or premises owned or operated by a corporation, association, or person for a social, educational or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.
Coercion. As applied to stealing, the word "coercion" means a threat, however communicated:
(1)
To commit any crime; or
(2)
To inflict physical injury in the future on the person threatened or another; or
(3)
To accuse any person of any crime; or
(4)
To expose any person to hatred, contempt or ridicule; or
(5)
To harm the credit or business repute of any person; or
(6)
To take or withhold action as a public servant, or to cause a public servant to take or withhold action; or
(7)
To inflict any other harm which would not benefit the actor.
A threat of accusation, lawsuit or other invocation of official action is not coercion if the property sought to be obtained by virtue of such threat was honestly claimed as restitution or indemnification for harm done in the circumstances to which the accusation, exposure, lawsuit or other official action relates, or as compensation for property or lawful service. The defendant shall have the burden of injecting the issue of justification as to any threat.
Commercial district. A type of zoning district intended primarily for retail commercial and office uses and activities. Zoning districts that are primarily intended for residential uses and activities but also allow some limited commercial uses and activities shall not be considered commercial districts.
Commercial motor vehicle and/or commercial vehicle: The words "commercial motor vehicle" and "commercial vehicle" shall mean a device meeting the definition of "vehicle", "motor vehicle", "trailer" or "utility vehicle" and also having/meeting one or more of the following attributes or conditions:
(1)
Having a gross weight, whether loaded or unloaded, in excess of 12,000 pounds.
(2)
Exceeding 20 feet in overall length as measured from the front bumper or foremost projecting element of the vehicle to the rearmost element of the vehicle including permanently attached equipment such as but not limited to trailer hitches, gates, toolboxes, etc.
(3)
Designed to accommodate passengers, chattels, freight, or merchandise.
(4)
Being any form of construction equipment or attachment to construction equipment such as but not limited to tractor, compactor, backhoe, crane, scraper, bulldozer, front loader, cement mixer, blade, bucket, hydraulic components, cab, track, etc.
(5)
Being a type of vehicle commonly known as a tow truck, dump truck, stake-bed truck, flat-bed truck, box truck, step van, refuse or garbage truck, bus, or other special purpose vehicle in excess of ten feet in overall length,
(6)
Being any type of agricultural vehicle or component thereof typically known as a tractor, farm implement, mowing equipment, brush hog, trimmer, spreader, all attachments thereto, all towed-behind equipment and all turf maintenance equipment and attachments or other similar equipment or vehicle.
(7)
For purposes of this definition, a commercial motor vehicle and/or commercial vehicle does not include pickup trucks or panel vans/trucks utilized for personal or commercial purposes.
Community building. The words "community building" mean a building or structure owned by a governmental agency or nonprofit institution and used primarily for nonprofit public events.
Compensation. The word "compensation," as used in the police pension plan, means actual salaries and wages earned by an employee for hours worked for the employer, excluding any meal allowances or similar noncash compensation, and any amount contributed for the employee by the employer to any retirement or pension plan, including this plan.
Competent person. In chapter 5, Animals and fowl, the words "competent person" mean a human being that is capable of controlling and governing the animal in question and to whose commands such animal is obedient.
Compost. The word "compost" means a mixture of decomposing vegetable matter and soil intended for use as fertilizer and organic enrichment of garden and yard soil.
Computation of time. Whenever a notice is required to be given or an act to be done, a certain length of time before any proceeding shall be had, the day on which such notice is given, or such act is done, shall not be counted in computing the time, but the day on which such proceeding is to be had shall be counted.
Consumption in the building in which prepared. The words "consumption in the building in which prepared" mean and include consumption in a garden or sidewalk type dining area; provided, however, that such garden or sidewalk area is set off by a suitable enclosure compatible with the surrounding area and approved by the city planner and (1) is accessible through the building in which the food is prepared, or (2) has limited access from areas where food is served.
Continuously operated. The words "continuously operated" mean open for business at least eight hours per day, five days a week during regular business hours.
Controlled substance, counterfeit substance. The words "controlled substance" and "counterfeit substance" shall mean controlled substances and counterfeit substances as defined by the laws of the state.
Corporate limits, corporation limits, city limits. Whenever the term "corporate limits," "corporation limits" or "city limits" is used, it means the legal boundary of the City of Ballwin.
County. The term "the county" or "this county" means the County of St. Louis in the State of Missouri.
Court. As applied to zoning, the word "court" means an open space with or without direct street access around which is arranged a single building or a group of related buildings.
Covered. Constructed in such a manner that a substantial portion of the accessory structure is in any manner or fashion overlaid or protected and sheltered from sun, precipitation, and/or wind by anything more substantial than a removable, unattached vinyl or canvas umbrella of no greater size than three feet in its greatest dimension.
Criminal act. The words "criminal act" mean any act which violates the statutes of the United States, the statutes of the state or the ordinances of the city, other than traffic violations.
Crosswalk. The word "crosswalk" means:
(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. The word "curb" means the lateral boundaries of that portion of the street designated for the use of vehicles, whether marked with curbstones or not.
Dangerous buildings. As applied to chapter 7, article VI, the words "dangerous buildings" mean all buildings or structures which have any or all of the following defects:
(1)
Those whose interior walls or other vertical structural members list, lean or buckle to such an extent that a plumbline passing through the center of gravity falls outside of the middle third of its base.
(2)
Those which, exclusive of the foundation, show 33 percent or more of damage or deterioration of the supporting member or members, or 50 percent of damage or deterioration of the nonsupporting 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 have become dangerous to life, safety, morals or the general health and welfare of the occupants or the people of the city.
(5)
Those which have become or are so dilapidated, decayed, unsafe, insanitary 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 living therein.
(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, elevators, fire escapes, or other means of communication.
(8)
Those which have parts thereof which are so attached that they may fall and injure members of the public or property.
(9)
Those structures which because of their condition are unsafe, unsanitary, or dangerous to public health, safety, morals, or the general welfare of the people of this city. This shall include structures for which building permits have expired without the work covered by the permit having been satisfactorily completed within the period provided for such work, structures where work allowed by a permit may be completed but have not passed a final inspection, or structures on which work has been stopped by order of the building commissioner for more than 30 days and the owner and/or builder has not resolved the issue such that the stop work order can be lifted.
(10)
Those buildings existing in violation of any provision of the building code of this city, or any provision of the fire prevention code, or other ordinances of this city.
(11)
Those buildings or structures which have not been lawfully occupied and for which a certificate of use or occupancy cannot be granted because the building does not conform to the requirements of the building, electrical, mechanical or plumbing codes of the city by reason of the building or structure not being completed and no building permit is in effect are deemed dangerous buildings, a fire hazard and a public nuisance.
(12)
Those buildings or structures that are not occupied or are vacant and have doorways, window openings, transoms, sidelights or skylights or other exterior openings that are not appropriately enclosed by properly installed glass or glazing material, doors or exterior siding materials conforming to the building, electrical, mechanical or plumbing codes of the city are deemed dangerous buildings, a fire hazard and a public nuisance.
(13)
Those buildings or structures, other than an accessory building not intended for human occupation, which are not lawfully occupied or are vacant for a period of two or more years shall be deemed permanently abandoned. Any building or structure declared by the building commissioner to be permanently abandoned are deemed dangerous buildings, a fire hazard and a public nuisance.
Deceit. The word "deceit" means purposely making a representation which is false and which the actor does not believe to be true and upon which the victim relies, as to a matter of fact, law, value, intention or other state of mind. The term "deceit" does not, however, include falsity as to matters having no pecuniary significance, or puffing by statements unlikely to deceive ordinary persons in the group addressed. Deceptions as to the actor's intention to perform a promise shall not be inferred from the fact alone that he did not subsequently perform the promise.
Delegation of authority. Whenever a provision appears requiring the head of a department of the city to do some act or make certain inspections, it is to be construed to authorize the head of the department to designate, delegate and authorize subordinates to perform the required act or make the required inspection unless the terms of the provision or section designate otherwise.
Delivery/service vehicle: The words "delivery/service vehicle", "service vehicle", and "delivery vehicle" mean a motor vehicle or trailer regularly used for the delivery of freight, merchandise, supplies, tools, equipment, parts etc. and/or transportation for service personnel from a business location to customers, but not from or to a source, supplier or other business location and having signage on any side or face of the vehicles that does not exceed ten percent of the total area of said face of the vehicles.
(1)
Regular use shall mean three or more days per week in which the vehicle is used for delivery or service purposes and such use shall be supported and verified by a written log or other permanent records of the delivery or service activity.
(2)
A delivery/service vehicle may also be a commercial vehicle and subject to commercial vehicle regulations.
Deprive. As applied to stealing, the word "deprive" means:
(1)
To withhold property from the owner permanently; or
(2)
To restore property only upon payment of reward or other compensation; or
(3)
To use or dispose of property in a manner that makes recovery of the property by the owner unlikely.
Derelict vehicle. The word "derelict vehicle" means any partially dismantled, nonoperating, wrecked or junked motor vehicle.
Deterioration. As applied to the housing code, the word "deterioration" means the condition or appearance of a building or part thereof, characterized by breaks, holes, rot, crumbling, peeling, rusting or other evidence of physical decay or neglect, excessive use, or lack of maintenance.
Development. As applied to flood hazard areas, the word "development" means any manmade 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.
Directly benefit. The words "directly benefit" mean to derive special private advantage as opposed to a general advantage derived as a member of a large class or of the public at large.
Director. In chapter 22, Signs, the word "director" means the director of public works of the city and any of his delegates or assistants.
Display-for-sale. The term "display-for-sale" shall mean the display and sale of small quantities of merchandise at retail. It may include the associated storage of additional merchandise stock in close physical proximity to the point of sale for the immediate and convenient restocking of sales merchandise. It shall not include bulk storage of large quantities of merchandise stock nor storage without associated display and sales at the same location.
Displays publicly. The words "displays publicly" means exposing, placing, posting, exhibiting, or in any fashion displaying in any location, whether public or private, an item in such a manner that it may be readily seen and its contents or character distinguished by normal unaided vision viewing it from a street, highway, or public sidewalk; or from the property of others; or from any portion of a person's store; or an exhibitor's store or property when items and material other than this material are offered for sale or rent to the public.
Distribute means a conveyance to the public by sale, barter, gift or sample.
District. In appendix A, Zoning, the word "district" means any section of the city for which the regulations governing the use of buildings and premises or the height and area of buildings are uniform.
Dog. The word "dog" means any domesticated member of the Canis familiaris species, male or female, six months of age or older.
Drive, driving, driver, operate, operates, operating, operated, operator. As applied to section 15-112, the words "drive," "driving," "driver," "operate," "operates," "operating," "operated," and "operator" mean physically driving or operating or being in actual physical control of a motor vehicle, or the person doing same.
Drive-in. As applied to chapter 15, Motor vehicles and traffic, the word "drive-in" means a place where the occupants of motor vehicles are served while seated in the vehicle, including but not limited to drive-in theaters, restaurants and filling stations.
Driver. The word "driver" means any person who drives or is in actual physical control of a vehicle, including the rider of a horse or other animal and the rider of a bicycle.
Driveway. The word "driveway" means a weather resistant entrance that provides vehicular egress/ingress from a public or private street, road, highway or alley to a tract of land. Unless otherwise permitted, a driveway shall be constructed from concrete, asphalt or substantially equivalent material.
Drug paraphernalia. The words "drug paraphernalia" mean all equipment, products and materials of any kind which are used, intended for use, or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance or an imitation controlled substance in violation of sections 17-81 through 17-83 or the Comprehensive Drug Control Act of 1989 (RSMo 195.005 et seq.). It includes, but is not limited to:
(1)
Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;
(2)
Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances or imitation controlled substances;
(3)
Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance or an imitation controlled substance;
(4)
Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness or purity of controlled substances or imitation controlled substances;
(5)
Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances or imitation controlled substances;
(6)
Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use, or designed for use in cutting controlled substances or imitation controlled substances;
(7)
Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;
(8)
Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substances or imitation controlled substances;
(9)
Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances or imitation controlled substances;
(10)
Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances or imitation controlled substances;
(11)
Hypodermic syringes, needles and other objects used, intended for use, or designed for use in parenterally injecting controlled substances or imitation controlled substances into the human body;
(12)
Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as:
a.
Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
b.
Water pipes;
c.
Carburetion tubes and devices;
d.
Smoking and carburetion masks;
e.
Roach clips meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand;
f.
Miniature cocaine spoons and cocaine vials;
g.
Chamber pipes;
h.
Carburetor pipes;
i.
Electric pipes;
j.
Air-driven pipes;
k.
Chillums;
l.
Bongs;
m.
Ice pipes or chillers.
Dwelling. As applied to the fair housing code, "dwelling" means any building, structure or portion thereof located within the city which is occupied as or designed or intended for occupancy as a residence by one 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.
Dwelling district. Any zoning district that is intended primarily for the construction and occupancy of dwelling units. Zoning districts that are primarily intended for non-residential uses and activities but also allow some residential uses and activities shall not be considered dwelling districts.
Dwelling, multiple. The words "multiple dwelling" mean a building or portion thereof designed or used for occupancy by two or more families.
Dwelling, single-family. The words "single-family dwelling" mean a building designed or used for occupancy by one family.
Dwelling structure. The term "dwelling structure" shall mean any building or structure occupied in excess of 50 percent of its gross floor area by dwelling units and common areas associated primarily with the residential use of the structure.
Dwelling, two-family. The words "two-family dwelling" mean a building designed or used for occupancy by two families.
Dwelling unit. The terms "dwelling" and "dwelling unit" shall be used interchangeably and mean any building, structure, or portion thereof or group of rooms which is/are designed, used or intended for occupancy as a facility for living by an individual, family or group of individuals living in a single housekeeping unit and having as a minimum all of the following characteristics and/or facilities:
(1)
Sleeping facilities;
(2)
Bathroom facilities not shared by occupants of any other dwelling unit;
(3)
Food preparation facilities;
(4)
A separate means of ingress and egress not requiring access or passage through a private portion of another dwelling unit;
(5)
The dwelling unit is completely isolated and secured from access to all other portions of the building of which it is a part.
Dynamic display sign. The words "dynamic display sign" mean a sign that has characteristics that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or any other component of the sign. This includes a display that incorporates a technology or method allowing the sign face to display or project a changing image without having to physically or mechanically replace the sign face or its components. This also includes any rotating, revolving, moving flashing, blinking, or animated display and any display that incorporates rotating panels, projections, LED lights manipulated through digital input, "digital ink" or any other method or technology that allows the sign face or projection to present a series of images or displays.
Emergency vehicle . The words "emergency vehicle" means a vehicle of any of the following types:
(1)
A vehicle operated by the state highway patrol, the state water patrol or a state park ranger, those vehicles operated by enforcement personnel of the state highways and transportation commission, police or fire department, sheriff, constable or deputy sheriff, federal law enforcement officer authorized to carry firearms and to make arrests for violations of the laws of the United States, traffic officer or coroner or by a privately owned emergency vehicle company;
(2)
A vehicle operated as an ambulance or operated commercially for the purpose of transporting emergency medical supplies or organs;
(3)
Any vehicle qualifying as an emergency vehicle pursuant to RSMo 307.175;
(4)
Any wrecker, or tow truck or a vehicle owned and operated by a public utility or public service corporation while performing emergency service;
(5)
Any vehicle transporting equipment designed to extricate human beings from the wreckage of a motor vehicle;
(6)
Any vehicle designated to perform emergency functions for a civil defense or emergency management agency established pursuant to the provisions of RSMo ch. 44;
(7)
Any vehicle operated by an authorized employee of the department of corrections who, as part of the employee's official duties, is responding to a riot, disturbance, hostage incident, escape or other critical situation where there is the threat of serious physical injury or death, responding to a mutual aid call from another criminal justice agency, or in accompanying an ambulance which is transporting an offender to a medical facility;
(8)
Any vehicle designated to perform hazardous substance emergency functions established pursuant to the provisions of RSMo 260.500 to 260.550.
Employee. As applied to conflicts of interest, the word "employee" means a person performing services for or holding a position of employment with the city on a fulltime, regular, parttime or intermittent basis.
As applied to manufacturer's licenses, "employee" means any natural individual who performs services for any person who is required under the provisions of the Internal Revenue Code of the United States or any regulations promulgated thereunder to withhold taxes from the compensation paid to such natural individual for the services performed.
As applied to the police pension plan, "employee" means any police officer of the city, employed on a hourly basis or on salary computed or payable weekly, monthly or annually, including officers and supervisory employees, for not less than 1,000 hours during a period of 12 consecutive months and for whom the employer is not making a contribution to an employee pension benefit plan or other retirement plan under a collective bargaining agreement.
As applied to section 17-65, "employee" means a person who is employed by an employer in consideration for direct or indirect monetary wages or profit, and a person who volunteers his or her service for a non-profit entity.
Employer. The word "employer" means a person, business, partnership, association, limited liability company, or corporation, including a municipal corporation, trust, or non-profit entity that employs the services of one or more individual persons.
Enclosed area. As applied to section 17-65, "enclosed area" means all space between floor and ceiling that is enclosed on all sides by walls that extend from the floor to the ceiling, and/or windows and doorways.
Environmental Tobacco Smoke (ETS) or secondhand smoke. The words "environmental tobacco smoke (ETS) or "secondhand smoke" means the complex mixture formed from escaping smoke of a burning tobacco product (termed as "side-stream smoke") and smoke exhaled by the smoker. Exposure to ETS is also frequently referred to as "passive smoking" or "involuntary smoking".
Erect. As applied to signs, the word "erect" means to build, construct, attach, hang, rehang, place, affix, locate, relocate, paint or repaint.
Euthanasia. The word "euthanasia" means the act of putting to death in a humane manner.
Existing construction. The words "existing construction" (for the purposes of determining rates in chapter 10, Flood hazard areas) mean 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."
Explicit sexual material. The words "explicit sexual material" mean any pictorial or three dimensional material depicting human masturbation, deviate sexual intercourse, sexual intercourse, direct physical stimulation or unclothed genitals, sadomasochistic abuse, or emphasizing the depiction of post-pubertal human genitals; provided, however, that works of art or of anthropological significance shall not be deemed to be within the foregoing definition.
Exposed to rabies. The words "exposed to rabies" apply to any dog, whether it has been registered or vaccinated for rabies or not, or other animal which has been bitten, been fighting with or has consorted with an animal known or suspected to have rabies or showing objective symptoms of rabies.
Extermination. As applied to the housing code, the word "extermination" means the control and elimination of insects, rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating or trapping; or by any other recognized and legal pest elimination methods approved by the health commissioner.
Fall zone. The hemispherical area surrounding a sign or structure and measured from the highest point of the sign or structure to the perimeter of a circle upon the ground having a radius equal to the height of the sign or structure with the center point at the base of the sign or structure and enclosing the three-dimensional area that would be passed through, or otherwise impacted if the sign or structure were to fall.
Family. As applied to the housing and zoning codes, the word "family" shall mean any number of persons related within the second degree of consanguinity, or a group of four or fewer unrelated, nontransient adults and their dependent children living together as a single, nonprofit housekeeping unit, sharing a common kitchen facility, but not including group quarters such as dormitories, fraternities, sororities, motels, hotels, rooming houses, or boardinghouses.
As applied to user fees set forth in chapter 18, "family" means the head of a household, his or her spouse, and all dependents residing in the household who are 23 years of age or younger.
This definition shall not be interpreted to prohibit short term residential rentals, as defined and regulated in Appendix A, Article XVI, Section 30.15 of this Code.
Family pool. The words "family pool" mean a swimming pool used or intended to be used by and available only to the owner or lessee of a single-family residence and his family, and his private guests.
Farm. As applied to zoning, the word "farm" means an area which is used for the growing of the usual farm products such as vegetables, fruit, trees and grain, and their packing or storage on the area, as well as for the raising thereon of the usual farm poultry and farm animals, such as horses, cattle, sheep and swine. The term "farming" includes the operating of such an area for one or more of the above uses, including dairy farms, with the necessary accessory uses for packing, treating, or storing produce; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal farming activities, and provided further that farming does not include the commercial feeding of garbage or offal to swine or other animals.
Fee. As applied to chapter 14, Licenses and business regulations, the word "fee" means that sum of lawful money of the United States of America required to be paid to the city by any merchant, business or occupation for a license before commencing business as such.
Fence. As applied to chapter 7, article VIII, the word "fence" means any structure serving as an enclosure, barrier, screen or partition which is in excess of two feet in height above the existing grade, which is constructed of posts, poles, supports, stakes, rails, boards, chain, chain link or wire, whether made of brick, canvas, cloth, stone, masonry, metal, plastic, wood or any other material.
Fence or screen. As applied to chapter 7, article VIII, the word "fence" or "screen" means any partition erected and setting off one property from another.
Filling. As applied to Chapter 11, "filling" has the same meaning as "grading" given in section 11-2.
Filling station. The words "filling station" mean any building, structure, or land used for the dispensing, sale or offering for sale at retail of any automobile fuels, oils or accessories, including lubrication of automobiles and replacement or installation of minor parts and accessories but not including major repair work such as motor replacement, body and fender repair or spray painting.
Fireworks. The term "fireworks" means and includes any combustible or explosive composition, or any substance or combination of substances or any article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation and includes blank cartridges, toy pistols, toy cannons, toy canes or toy guns in which explosives are used, firecrackers, torpedoes, skyrockets, Roman candles, dago bombs or other fireworks of like construction and any fireworks containing any explosive or flammable compound, or any tablet or other device containing any explosive substance. The term "fireworks" shall not include sparklers, colored flares, toy pistols, toy canes, toy guns or other devices using paper caps containing 0.25 grains or less of explosive mixture, the sale and use of which shall be permitted at all times.
Flagpole. The word "flagpole" means a pole constructed of metal or similar material permanently affixed to the ground or a structure designed for the display of a flag.
Flat fee. The words "flat fee" mean a business license fee, paid to the city for certain types or classifications of businesses or occupations, which is fixed and does not vary according to size, area, business volume or other similar criteria.
Flood, flooding. The word "flood" or "flooding" means 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 or runoff of surface waters from any source.
Flood insurance rate map (FIRM). The words "flood insurance rate map" or "FIRM" mean an official map of a community, on which the flood insurance study has delineated the flood hazard boundaries and the zones establishing insurance rates applicable to the community.
Flood insurance study. The words "flood insurance study" mean 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.
Floodway fringe. The words "floodway fringe" mean that area of the floodplain, outside of the floodway, that on the average is likely to be flooded once every 100 years (i.e., that has a one percent chance of flood occurrence in any one year).
Floodway, regulatory floodway. The term "floodway" or "regulatory floodway" means 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 foot.
Floor area. As applied to zoning, the words "floor area" mean the sum of the gross horizontal areas of the several floors, including basements, cellars and penthouses (but excluding such areas within a building which are used for parking) measured from the exterior faces of the exterior walls of a building.
As applied to offstreet parking requirements, "floor area" means the gross floor area of the specific use.
Food service establishment. As applied to section 17-65, "food service establishment" means an area of restaurants, coffee shops, cafeterias, sandwich stands, and private and public school cafeterias, that gives or offers for sale food to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere. The term "food establishment" shall include an establishment that gives or offers for sale food to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere and is also licensed to serve alcoholic beverages for consumption by-the-drink.
Former participant. As applied to the police pension trust, the words "former participant" mean any person who has ceased to be a participant under the police pension plan because of termination of employment for any reason other than death.
Freeboard. The word "freeboard" means 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 the hydrological effect of urbanization of the watershed.
Frontage. The word "frontage" means all the property on one side of a street or place between two intersecting streets or places (crossing or terminating) measured along the line of the street or place, or if the street or place is dead ended, then all of the property abutting on one side between an intersecting street or place and the dead end of the street or place.
Fuel. Any liquid, solid or gaseous flammable material such as but not limited to gasoline, coal, propane, etc. burned or intended to be burned for heat or power.
Fully enclosed building. The term "fully enclosed building" means a structure with walls and/or doors on all sides and designed in a manner that the contents of the structure cannot be observed from any point on the property line of the premises containing the structure except normal observation through windows or doors associated therewith. A fully enclosed structure shall not include carports, porte cocheres, porches or other similar open structures unless they are enclosed with walls and/or doors.
Furnish. The word "furnish" means to issue, sell, give, provide, lend, mail, deliver, transfer, circulate, disseminate, present, exhibit or otherwise provide.
Garage. As applied to chapter 7, article IX, the word "garage" means a building or structure, or portion thereof, for parking or storage of private automobiles of not more than nine-passenger capacity each and not including provisions for the repair and servicing of automobiles.
Garage, private. As applied to zoning, the words "private garage" mean an accessory building or portion of the main building designed or used for the storage of not more than four motor-driven vehicles owned and used by the occupants of the building to which it is accessory.
Garage, public. As applied to zoning, the words "public garage" mean a building or portion thereof, other than a private or storage garage, designed or used for servicing, repairing, equipping, hiring or storing motor-driven vehicles, but not including body and fender repair or spray painting.
Garage, storage. As applied to zoning, the words "storage garage" mean a building or portion thereof designed or used exclusively for term storage, by prearrangement, of motor-driven vehicles, and at which motor fuels and oils are not sold, and at which motor-driven vehicles are not equipped, repaired, hired or sold.
Garbage. The word "garbage" means putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
Gender. A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations as well as to males.
Generator, portable . The term "portable generator" means an electricity-generating device that is not permanently mounted and uses temporary wiring to supply electrical service.
Grade. As applied to zoning, the word "grade" means:
(1)
For buildings having walls adjoining one street only, the elevation of the sidewalk at the center of the wall adjoining the street.
(2)
For buildings having walls adjoining more than one street, the average of the elevation of the sidewalk at the centers of all walls adjoining the streets.
(3)
For buildings having no wall adjoining the street, the average level of the finished surface of the ground adjacent to the exterior walls of the building.
Any wall approximately parallel to and not more than five feet from a street line is to be considered as adjoining the street.
Grading. The term "grading" has the meaning given in section 11-2.
Gross receipts. As applied to occupational licenses, the words "gross receipts" mean the aggregate amount of all sales, transactions, fees, commissions, rental and leasing fees, and shall include the receipt of cash, credits and property of any kind or nature without any deductions therefrom on account of the cost of any items sold or materials used, labor or service costs, interest paid or payable, or any losses or any other expenses whatsoever; provided, however, that the following shall be excluded from any computations of gross receipts if the books of accounts segregate the amount so as to reflect such exclusions:
(1)
Receipt of taxes levied by state and federal governments collected by the seller.
(2)
Receipts from sales, goods, wares, merchandise or other personal property for delivery outside the state to nonresidents of the state.
(3)
Receipts of traded merchandise recorded as cash receipts and resold and recorded as a sale upon such resale.
(4)
Interdepartmental sales within the organization of the seller.
(5)
Such part of the sales price of goods, wares, merchandise or personal property returned by the purchaser as is refunded either in cash or by credit.
(6)
Receipts of refundable deposits, except that portion of refundable deposits forfeited and taken in the gross receipts of the seller.
As applied to the taxation of gas or gas service, "gross receipts" means the aggregate amount of all sales and charges for the commodities or services described in section 14-231 during any period less discounts, credits, refunds, sales taxes and uncollectible accounts actually charged off during the period.
Gross receipts fee. The words "gross receipts fee" mean a business license fee paid to the city for certain types or classifications of businesses or occupations which is based upon actual gross receipts for the calendar year preceding the license year.
Habitable building. As applied to the housing code, the words "habitable building" mean any structure or part thereof that shall be used as a home or place of abode by one or more persons.
Habitable room. As applied to the housing code, the words "habitable room" mean every room in any building in which persons sleep, eat or carry on their usual domestic or social vocations or avocations. It shall not include private laundries, bathrooms, toilet rooms, pantries, storerooms, corridors, rooms for mechanical equipment for service in the building, or other similar spaces not used by persons frequently or during extended periods.
Hard-surfaced. For purposes of parking on residential property, "hard-surfaced" means property surfaced with a minimum of four inches of crushed stone or a hard-paved surface such as asphalt, concrete or brick. For purposes of parking on commercial property, "hard-surfaced" has the same meanings and conforms to the standards and conditions as set out for "parking lots" in appendix A, Zoning.
Hazardous waste. The words "hazardous waste" mean waste materials that are toxic or poisonous, corrosive, irritating or sensitizing, radioactive, biologically infectious, explosive, or flammable or that present a significant hazard to human health and the environment.
Health care facility. As applied to section 17-65, "health care facility" means an office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including but not limited to hospitals, rehabilitation hospitals or other clinics, including weight control clinics, nursing homes, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, dentists, and all specialists within these professions. This definition shall include all waiting rooms, hallways, private rooms, semi-private rooms, and wards within health care facilities.
Health department, commissioner, health commissioner. The words "health department," "commissioner," or "health commissioner" mean the department of public health of the county, or the commissioner of public health of the county, or any person or agent employed by the county department of public health to enforce the county rabies control code and the other health ordinances of the county.
Health official. The words "health official" mean the St. Louis County health commissioner or the health commissioner for the city or any of their designated representatives.
Highest adjacent grade. As applied to flood hazard areas, the words "highest adjacent grade" mean the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
Historical structure. The words "historical structure" mean any structure that is:
(1)
Listed individually in the National Register of Historic Places (a listing maintained by the Department of 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;
(3)
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or
(4)
Individually listed on the Ballwin Historical Commission's list of historical structures and places as approved by ordinance of the Ballwin Board of Aldermen.
Hotel. The word "hotel" means a building in which lodging is provided and offered to the public for compensation and in which ingress and egress to and from rooms is made through an inside lobby or office supervised by a person in charge at all hours, and which is open to transient guests, in contradistinction to a boardinghouse or lodginghouse.
Household. As applied to chapter 5, Animals and fowl, the word "household" means those members of a family including servants and attendants living in the same dwelling unit.
Immediate family. As applied to conflict of interest, the words "immediate family" mean an officer or employee and his spouse and their parents, children, brothers, sisters and spouses thereof.
Impound. As applied to chapter 5, Animals and fowl, the word "impound" means the apprehending, catching, trapping, netting, tranquilizing, confining, or if necessary, the destruction of any animal by the health commissioner or his agent, or by any employee or agent of the city.
Impounding facilities. As applied to chapter 5, Animals and fowl, the words "impounding facilities" mean any premises designated by resolution of the board of aldermen for the purpose of impounding and caring for all animals in violation of this article.
Industrial connection sewer. The words "industrial connection sewer" mean that portion of a sewer line required to carry the sewage of any industrial or commercial establishment from the last point of sewage entry on the premises to a sewer or to carry the discharge from any industrial pretreatment facility to a sewer.
Industrial waste. The words "industrial waste" mean any industrial liquid wastewater, garbage or toxic substance from any industrial process.
Industrial waste treatment plant. The words "industrial waste treatment plant" mean any treatment plant used or intended to be used for the specific treatment of industrial wastes in which other wastes may or may not be present, except that a treatment plant in a public sewerage system shall not be so designated.
Infectious waste. The words "infectious waste" include isolation wastes, cultures, and stocks of etiologic agents, blood and blood products, pathological wastes, other wastes from surgery and autopsy, contaminated laboratory wastes, sharps, dialysis unit wastes and discarded biologicals known or suspected to be infectious. The term "infectious waste" does not include any waste treated in a manner prescribed by the county or the state department of natural resources so as to be classified as special waste.
Infestation. The word "infestation" means the presence within or around a building of any insects, rodents or other pests.
Institution. As applied to zoning, the word "institution" means a building occupied by a nonprofit corporation or a nonprofit establishment for public use.
Intersection. The word "intersection" means:
(1)
The area embraced within the prolongation or connection of the lateral curblines, or, if none, then the lateral boundary lines of the roadways of two 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 roadways 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 roadways 30 feet or more apart, then every crossing of two roadways of such highways shall be regarded as a separate intersection.
Intoxicated condition. The words "intoxicated condition" apply to a person under the influence of alcohol, a controlled substance, or a drug, or any combination thereof.
Intoxicating liquor. The term "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 of mixtures for beverage purposes, containing in excess of one-half of one percent of alcohol by volume.
Investment manager. The words "investment manager" mean an investment advisor registered under the Investment Advisors Act of 1940, a bank (other than the trustee) as defined in that Act, or any insurance company qualified to discharge such responsibility under the laws of more than one state, acknowledged in writing as a fiduciary.
Joint authority. All words giving a joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.
Jukebox. The word "jukebox" means 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 the payment of any price, operates or may be operated for the emission of songs, music or similar amusement.
Juvenile. The word "juvenile" means any child under the age of 17 years.
Keeper, proprietor. The words "keeper" and "proprietor" mean persons, firms, associations, corporations, clubs and partnerships, whether acting by themselves or through a servant, agent or employee.
Kennel . The word "kennel" means any place or tract of land whether indoors or outdoors, whether enclosed or not, in, at or upon which, and whether for pleasure or profit, dogs and other animals are kept, housed, bred, raised, fed, displayed, exhibited or sold. The owner of three or more dogs and other animals, whether owned for pleasure or profit, breading or exhibiting, shall be deemed to be the operator of a kennel. This definition of a "kennel" notwithstanding, three dogs may be kept on the premises in residential zoning districts, provided at least one of those animals is a seeing eye dog or equivalent service dog or is a dog actively utilized by a law enforcement agency.
Kitchen. As applied to the housing code, the word "kitchen" means a space of not less than 50 square feet, which contains a sink with counter working space, adequate space for installing cooking and refrigeration equipment and for the storage of cooking utensils.
Kitten. The word "kitten" means any domestic species or variety of the genus Felis, male or female, under the age of six months.
Landing strip. As applied to zoning, the words "landing strip" mean an area for the landing or taking off of aircraft having an engine rating not exceeding 350 horsepower, containing a single runway, either surfaced or sodded, having a length of less than 2,000 feet and containing no facilities for the commercial storage or repairing of airplanes.
Laned roadway. The words "laned roadway" mean a roadway which is divided into two or more clearly marked lanes for vehicular traffic.
Law and enforcement officer, arresting officer. The term "law and enforcement officer" or "arresting officer" includes the definition of law enforcement officer in RSMo 556.061(17), and military policemen conducting traffic enforcement operations on a federal military installation under military jurisdiction in the state.
License year. "License year" means a period of 12 calendar months beginning on April 1 in each year, or in the case of businesses or occupations established subsequent to April 1, at the beginning of doing business, and shall end on the following March 31.
Light wines. The words "light wines" mean liquor not in excess of 14 percent of alcohol by weight manufactured exclusively from grapes, berries and other fruits and vegetables.
Liquor license. The words "liquor license" mean any license issued under the provisions of section 3-6 et seq.
Live or gross load. The words "live or gross load" mean the weight of the cargo of a commercial motor vehicle, in addition to that of the chassis and body of the vehicle.
Loading space. As applied to zoning, the words "loading space" mean a space within the main building or on the same lot therewith, providing for the standing, loading or unloading of trucks, and having a minimum dimension of 12 by 35 feet and a vertical clearance of at least 14 feet.
Local businesses and contractors. The words "local businesses and contractors" mean a business or contractor which has a regular and established place of business within the limits of the Cities of Ballwin, Ellisville, Manchester and Winchester and is licensed in accordance with the provisions of the licensing ordinance of the city where the business is located.
Lodging or rooming house. The words "lodging or rooming house" mean a building where lodging only is provided for compensation to three or more but not exceeding 20 persons pursuant to previous arrangement in contradistinction to hotels open to transients.
Lot. As applied to zoning, the word "lot" means a parcel of land occupied or intended for occupancy by a use permitted in the zoning ordinance, including one main building together with its accessory buildings and the open spaces and parking spaces required by the zoning ordinance and having its principal frontage upon a street or upon an officially approved place.
Lot, corner. The words "corner lot" mean a lot abutting upon two or more streets at their intersection.
Lot, depth of. The words "depth of lot" mean the mean horizontal distance between the front and rear lot lines.
Lot, double frontage. The words "double frontage lot" mean a lot having a frontage on two nonintersecting streets, as distinguished from a corner lot.
Lot, interior. The words "interior lot" mean a lot other than a corner lot.
Lot of record. The words "lot of record" mean a lot which is a part of a subdivision, the map of which has been recorded in the office of the county recorder of St. Louis County, or a lot described by metes and bounds, the description of which has been recorded in the office of the county recorder of St. Louis County. For the purpose of the zoning ordinance and regulations thereunder, any preliminary plat of a subdivision which has been approved by official action of the St. Louis County planning commission prior to June 23, 1958, shall have the same status as if the subdivision plan was officially recorded in the office of the county recorder of St. Louis County.
Maintain a kennel. The words "maintain a kennel" mean owning, keeping or harboring at any one time, whether at one or more locations in the city, three or more dogs over the age of four months.
Malt liquor. The words "malt liquor" mean liquor manufactured from pure hops, or pure extract of hops, or pure barley malt, or wholesome grains or cereals and wholesome yeast and pure water, and commonly called and known as beer, and containing alcohol in excess of 3.2 percent by weight and not in excess of five percent by weight.
Manufactured home. As applied to flood hazard areas, the words "manufactured home" mean a structure, transportable in one 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 a "recreational vehicle."
Manufactured home park or subdivision. The words "manufactured home park or subdivision" mean a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
Manufacturer. As applied to manufacturer's licenses, the word "manufacturer" means any person and his lessees, and his trustees or receivers appointed by any court whatsoever, who holds or purchases personal property for the purpose of adding to the value thereof, by any process of manufacturing, refining or by the combination of different materials, or who purchases and sells manufactured articles such as he manufactures or uses in manufacturing, except as is or may be otherwise provided by ordinance.
Manufacturer's license fee. The words "manufacturer's license fee" mean that sum of lawful money of the United States of America required to be paid to the city by any manufacturer for a license before commencing business as such.
Marquee. The word "marquee" means a device or structure entirely supported by the structure to which it is attached which is permanent in nature and projects over the entrance or door of a building.
Material. The word "material," as applied to pornography, means anything printed or written; or any picture, drawing, photograph, motion picture film, videotape or videotape production or pictorial representation; or any statue or other figure; or any recording or transcription; or any mechanical, chemical, or electrical reproduction; or anything which is or may be used as a means of communication. "Material" includes undeveloped photographs, molds, printing plates and other latent representational objects.
Used in conjunction with the word "obscene," "material" means any book, magazine, newspaper or other printed or written material; or any picture, drawing, photograph, motion picture or other pictorial representation; or any statue or other figure; or any recording or transcription; or mechanical, chemical, or electrical reproduction; or any other articles, equipment, or machines.
May. The word "may" is permissive.
Membership association. As applied to section 17-65, "membership association" means a private organization in existence prior to November 30, 2004, and where all of the duties with respect to the operation of such association, including, but not limited to the preparation of food and beverages, and service of food and beverages, reception and secretarial work, and the security services of the membership association are performed by members of such membership association who do not receive compensation of any kind from the membership association or any other entity for the performance of such duties; and:
(1)
Is organized primarily for the benefit of its members; and
(2)
Its members are required to pay dues; and
(3)
Is organized primarily as:
a.
A recreational association; or
b.
A fraternal association; or
c.
An athletic association; or
d.
A military veterans association; or
e.
A religious association; or
f.
A kindred association; and
(4)
Is a not-for-profit organization; and
(5)
Is managed and operated by a board consisting entirely of its members; and
(6)
Is not primarily engaged in the preparation and serving of alcoholic beverages by-the-drink and/or food.
Merchant. The word "merchant" means any person, his lessees and his trustees or receivers appointed by any court whatsoever, who deals in the selling, at wholesale or retail, of any goods, wares, merchandise or personal property of any description or the rendering of any service in connection therewith, at any store, stand or place within the city, except as is or may be otherwise provided by ordinance.
Mining. The word "mining" means the removal of any natural material from a parcel of land.
Minor for the purposes of sections 17-63 and 17-64 means a person under the age of 18.
As applied to parental responsibility, "minor" means any person under the age of 21 years.
"Minor," for the purposes of section 17-63, means a person under the age of 18.
Mobile home. The words "mobile home" mean a movable or portable dwelling built on a chassis which does not have its own motive power and which is designed for yearround living without a permanent foundation which is more than eight feet in width and 32 feet in length.
Month. The word "month" means a calendar month.
Motel. The word "motel" means a building or group of buildings having units containing sleeping accommodations which are available for temporary occupancy by automobile transients.
Motorcycle. The word "motorcycle" means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor.
Motor-driven vehicle. The words "motor-driven vehicle" mean every vehicle which is self-propelled by a motor and which is used for the purpose of carrying persons or commodities.
Motor home. The words "motor home" mean a vehicular unit built on a self-propelled motor vehicle chassis, primarily designed to provide temporary living quarters for recreational, camping or travel use.
Motor tricycle. The words "motor tricycle" mean a motor vehicle operated on three wheels including a motorcycle while operated with any conveyance, temporarily or otherwise, requiring the use of a third wheel.
Motor vehicle. The words "motor vehicle" mean any self-propelled vehicle not operated exclusively upon tracks, including those with rubber tires for use on roads and/or highways.
Motorized bicycle. The term "motorized bicycle" means any two- or three-wheeled device having an automatic transmission and a motor with a cylinder capacity of not more than 50 cubic centimeters, which produces less than three gross brake horsepower, and is capable of propelling the device at a maximum speed of not more than 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.
Multiple-family dwelling. The term "multiple family dwelling" means a dwelling unit in a building containing more than one dwelling unit that is located within a multiple family zoning district, or a dwelling unit located on a parcel of land having more than one dwelling unit located thereon within a multiple family zoning district.
Multiple family dwelling district. A type of zoning district intended primarily for multiple family residential uses and activities in which more than one dwelling unit may be erected on a single parcel of land.
Nerve tissue origin. The words "nerve tissue origin" refer to a vaccine which is manufactured, using tissue of the nervous system as a growth medium.
New construction. The words "new construction" mean, for the purposes 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 a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.
New manufactured home park or subdivision. The words "new manufactured home park or subdivision" mean 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 completed on or after the effective date of floodplain management regulations adopted by a community.
No passing zones. The words "no passing zones" mean zones determined and indicated by signs or markings where overtaking and passing is deemed unsafe, and under chapter 15, Motor vehicles and traffic, is declared unlawful.
Nonconforming use. The words "nonconforming use" mean any building or land lawfully occupied by a use at the time of passage of the zoning ordinance or amendments thereto which does not conform after the passage of such ordinance or amendments thereto with the use regulations of the district in which it is situated.
Nondomestic animal. The words "nondomestic animal" mean all felines (other than the domestic house cat), nonhuman primates, bears, wolves, coyotes, foxes, venomous and constrictor reptiles, and any crossbreed of such animals which have similar characteristics of the animals specified herein. In order to properly administer the provisions of this section, the city administrator may add to or remove from the classification of nondomestic animal any bird, mammal, reptile, aquatic and amphibious forms, or other members of the animal kingdom. Additions or deletions to the list may be made only if the city administrator determines, after public hearing, that such species because of habit, mode of life or natural instinct is incapable of being domesticated; requires the exercise of art, force or skill to keep them safely in subjection; and would create a reasonable likelihood of hazard to the public. Each determination by the city administrator as to additions or deletions shall become effective when approved by the board of aldermen.
Nonintoxicating beer. The words "nonintoxicating beer" mean any beer manufactured from pure hops, or pure abstract of hops; and 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 one-half of one percent by volume and not exceeding 3 2/10 percent by weight.
Nontechnical and technical words. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.
Nudity. The word "nudity" means the showing of post-pubertal human genitals or pubic area, with less than a fully opaque covering.
Number. A word importing the singular number only may extend and be applied to several persons and things as well as to one person or thing, and a word importing the plural number only may extend and be applied to one person or thing as well as to several persons and things.
Nursing or convalescent home. The words "nursing or convalescent home" mean a home for the aged, chronically ill or incurable persons in which three or more persons not of the immediate family are received, kept and provided with food, or shelter and care, for compensation, but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis, treatment or care of the sick or injured.
Oath. The word "oath" includes an affirmation in all cases in which, by law, an affirmation may be substituted for an oath; and in such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed."
Obscene. Any work, matter, material or performance is obscene if:
(1)
Applying contemporary community standards, its predominant appeal is to prurient interest in sex; and
(2)
Taken as a whole with the average person, applying contemporary community standards, it depicts or describes sexual conduct in a patently offensive way; and
(3)
Taken as a whole, it lacks serious literary, artistic, political or scientific value.
Occupant. As applied to the housing code, the word "occupant" means any person (including an owner or operator) living and sleeping in a dwelling or rooming unit or having actual possession of such dwelling or rooming unit.
Of another. As applied to stealing, property or services are 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, except that property shall not be deemed property of another who has only a security interest therein, even if legal title is in the creditor pursuant to a conditional sales contract or other security arrangement.
Office building. The words "office building" mean a building occupied by two or more businesses or noncommercial entities.
Officer. As applied to conflicts of interest, the word "officer" means a person holding any office, position as department or division head, membership on any board or commission, whether by election or appointment, and whether serving with or without compensation, under any provision of any law or any ordinance of the city.
One-way street. The words "one-way street" mean a street where vehicles are by law required to move in one designated direction only.
Open space. As applied to the mixed use development zoning district, the words "open space" include all the land and water areas of a site that are not covered by structures (except recreational), roadways, driveways, parking areas and loading zones. Useable open areas may be included in open space computations. Undeveloped building sites, proposed rights-of-way and similar areas are not to be considered in open space computations.
Operator. The word "operator" means any person who is in actual physical control of a vehicle or who has charge, care or control of a building, or part thereof.
When applied to the housing code, "operator" means any person who has charge, care or control of a building, or part thereof, in which dwelling units or rooming units are let.
Ordinary minimum winter conditions. The words "ordinary minimum winter conditions" mean the temperature 15 degrees Fahrenheit above the lowest recorded temperature for the previous ten-year period.
Original package. The words "original package" mean, with reference to the sale of malt liquor or beer, any package containing three or more standard containers of beer. With reference to the sale of intoxicating liquor other than malt liquor or beer, the term means a package or container containing a quantity of not less than one-half pint of intoxicating liquor.
"Original package," with reference to nonintoxicating beer as defined in this section, means any package containing three, six, 12 or 24 small standard beer bottles and any package containing three, six or 12 large standard beer bottles.
Owner. The word "owner," applied to a building or land, includes any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of such building or land.
When applied to an animal, "owner" means any person who owns, harbors, shelters, keeps, controls, manages, possesses or has part interest in any dog, cat or kennel in the city. The occupant of any premises on which a dog or cat remains for a period of seven days or to which it customarily returns for a period of ten days is presumed to be harboring, sheltering or keeping the aforementioned dog or cat, within this definition. Under no circumstances are the normal and ordinarily accepted definitions of the terms "harboring," "sheltering" or "keeping" to be limited to the words of the aforementioned presumption. If a minor owns a dog, puppy or other animal subject to the provisions of chapter 5, Animals and fowl, the head of the household of which such minor owner is a member shall be deemed to be the owner of such dog, puppy or animal for the purpose of such chapter, and under such chapter shall be responsible as the owner, whether or not such household head is himself a minor. If not a member of a household, such minor owner shall himself be directly subject to the provisions of such chapter.
When applied to the housing code, "owner" means any person who, alone, jointly or severally with others, shall be in actual possession of, or have charge, care or control of, any dwelling or dwelling unit within the city as owner, employee or agent of the owner, or as trustee or guardian of the estate or person of the title holder, and such person shall be bound to comply with the provisions of the housing code to the same extent as the owner.
When applied to nonresidential buildings, "owner" means any person who alone, or jointly or severally with others:
(1)
Shall have legal title to any building or space with or without accompanying actual possession thereof; or
(2)
Shall have charge, care or control of any building or space, as owner, agent of the owner, or as executor, executrix, administrator, administratrix, trustee or guardian of the estate of the owner. Any such person representing the actual owner shall be bound to comply with the provisions of section 7-246 et seq. to the same extent as if he were the owner.
Panel van/truck. The words "panel van/truck" mean a motor vehicle not having a multiple axle configuration and having a box like fully enclosed personnel/driver and/or cargo hauling areas within the same single enclosed manufacturers original equipment body. Such vehicles may include permanently mounted add-on fixtures such as toolboxes, racks, carriers, etc. as long as the original factory installed body remains on the vehicle.
Parade, procession. For the purposes of section 15-206 et seq., the word "parade" or "procession" means any group of ten or more persons or ten or more vehicles, except the military forces of the United States or of the state and the forces of the police and fire departments.
Parent. As applied to section 17-10, the word "parent" means the mother, father, legal guardian or any person having the care or custody of a minor or such other adult with whom a minor may be found residing.
Park. The word "park," when used as a noun, means a park, reservation, playground, beach, swimming pool, recreation center or grounds, golf course or any other area in the city, owned or used by the city, and devoted to active or passive recreation, which specifically includes, but is not limited to, George Vlasis Park and additions thereto and the city recreational complex.
Park, parking. The word "park" or "parking," when used as a verb, means 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.
Parking lot. As applied generally to chapter 15, Motor vehicles and traffic, the words "parking lot" mean an area on public or private property where spaces are provided gratuitously or for hire for the parking of motor vehicles; provided that, nothing in this paragraph shall be construed to include driveways or other portions of single-family residential lots used by the occupant and his invitees for parking automobiles, nor to spaces on public streets where parking is permitted.
As applied to parking lot marking, "parking lot" means a paved area containing 3,500 square feet or more, including driveways and traffic lanes on public or private property where spaces are provided gratuitously or for hire for the parking of vehicles by the public.
As applied to zoning, "parking lot" means any place, lot, parcel or yard used in whole or in part for storing or parking of two or more vehicles where such usage is not incident to or in connection with a dwelling district, and located on the same tract.
As applied to chapter 24, "parking lot" means a paved, graveled or otherwise designated area intended for the parking and/or storage of motor vehicles and trailers. Parking lots are not located within public rights-of-way, generally have no discernible physical separation between the area intended for parking spaces and the adjoining area intended for vehicular access to the parking spaces except painted lines, or raised islands, and function for the parking and storage of vehicles and trailers. A parking lot does not function as a conduit (roadway) for vehicular traffic, except for that vehicular traffic which intends to utilize the parking provided for or within a facility or in an adjoining facilities.
Parking space. As applied to zoning, the words "parking space" mean a surfaced area, unenclosed or enclosed in the main building or in an accessory building, being a rectangle 19 feet in length and nine feet in width, exclusive of driveways, permanently reserved for the temporary storage of one automobile and connected with a street or alley by a driveway. The layout, arrangement, and dimensions of drives and parking spaces shall be as follows:
Parking Table
PARALLEL PARKING
On-site parallel parking stalls shall be 9.0 feet × 22.0* feet adjacent to a 22-foot two-way lane or 15-foot one-way lane. Curbed islands are required at ends of aisles where necessary for traffic-control and/or drainage.
Parallel Parking
*Additional width may be required where the aisle serves as the principal means of access to onsite buildings or structures.
In parking structures, one-half of the area occupied by supporting columns may be included in determining the width and area of each adjacent space.
Past service credits. The words "past service credits," as used in the police pension plan, mean the benefit which was granted, pursuant to the original plan adopted in 1969, to each employee of the employer who was eligible to participate in the plan as of its effective date, which was June 1, 1969. The past service credit granted to each participant eligible therefor is the right to an additional annual contribution equal to 0.25 percent of such participant's compensation for the plan year, multiplied by such employee's number of full years of service prior to June 1, 1969.
Pedestrian. The word "pedestrian" means any person afoot.
Performance. The word "performance" means any play, motion picture film, videotape, dance or exhibition performed before an audience of one or more.
Person. The word "person" means any individual, association, organization, society, firm, entity, joint stock company, syndicate, club, partnership, copartnership, corporation, conservator or any body politic or corporate or combination of individuals, of whatever form or character, or any other group acting as a unit. It shall also include an executor, administrator, trustee, receiver or other officer appointed by any state or federal court, or any representative otherwise appointed according to law. Whenever the word "person" is used in any section of this Code prescribing a penalty or fine as to partnerships or associations, the word shall include the partners or members thereof who are responsible for any violation of such section.
As applied to the regulation of fences, "person" means any person, firm, partnership or corporation whether as owner, tenant, occupant or lessee of any real estate in the city or as the contractor or subcontractor of such owner, tenant, occupant or lessee.
As applied to zoning, "person" means any individual, partnership, firm, corporation or association. As applied to partnerships, firms and associations, the term includes the individual partners or members thereof. With respect to special events, "person" means any natural person, firm, partnership, association, corporation, company, or organization of any kind.
Person solicited. The words "person solicited" mean any person whom a solicitor approaches for the purpose of attempting to transact his business.
Personal property. The term "personal property" includes every species of property except real property, as herein described.
Pickup truck: The words "pickup truck" mean a motor vehicle not having a multiple axle configuration and having a fully enclosed passenger body (cab) with a separate factory-installed open-top rear cargo bed. Such vehicles may feature chassis mounted body elements or unibody style construction. Such vehicles may include permanently mounted add-on fixtures such as, but not limited to, toolboxes, racks, carriers, tops, trailer hitches, etc., as long as the original factory-installed body elements, in substantially their original condition, remain on the vehicle.
Place. As applied to zoning, the word "place" means an open unoccupied space other than a street or alley permanently reserved as the principal means of access to abutting property.
Place of employment. As applied to section 17-65, "place of employment" means an area under the control of a public or private employer in which employees of the employer perform services, and shall include, but not be limited to offices, classrooms and school grounds, retail stores, banquet facilities, theaters, food stores, banks, financial institutions, factories, warehouses, employee cafeterias, lounges, auditoriums, gymnasiums, restrooms, elevators, hallways, museums, libraries, bowling establishments, employee medical facilities, rooms or areas containing photocopying equipment, other office equipment used in common, and company vehicles. A private residence is not a "place of employment" unless used as a childcare, adult day care, or health care facility.
Plan year. As applied to the police pension trust, prior to June 1, 1986, "plan year" means a consecutive 12-month period beginning June 1 and ending May 31 of each year. There will be a short plan year commencing on June 1, 1986, and ending on December 31, 1986. On and after January 1, 1987, "plan year" means a consecutive 12-month period beginning January 1 and ending December 31 of each year; provided that, notwithstanding anything herein to the contrary, the period from June 1, 1986, through and including December 31, 1986, shall constitute a complete plan year for all purposes under the police pension plan.
Plumbing. The word "plumbing" means all of the following facilities and equipment: gas pipes, gas-burning equipment, water pipes, steam pipes, garbage disposal units, waste pipes, toilets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes-washing machines, catchbasins, drains, vents and any other similar fixtures, together with all connections to water, sewer or gas lines.
Pneumatic tires. The words "pneumatic tires" mean tires of rubber or other substance and fabric, inflated with air.
Police or traffic officer. The words "police or traffic officer" mean every officer of the city police department or any officer lawfully and duly authorized, deputized, assigned or called upon to direct or regulate traffic or to make arrests for violations of traffic regulations, including members of the police reserve force of the city.
Pornographic for minors. Any material or performance is pornographic for minors if the following apply:
(1)
The average person, applying contemporary community standards, would find that the material or performance, taken as a whole, has a tendency to cater or appeal to a prurient interest of minors; and
(2)
The material or performance depicts or describes nudity, sexual conduct, sexual excitement, or sadomasochistic abuse in a way which is patently offensive to the average person applying contemporary adult community standards with respect to what is suitable for minors; and
(3)
The material or performance taken as a whole lacks serious literary, artistic, political or scientific value for minors.
Preceding, following. The words "preceding" and "following" mean next before and next after, respectively.
Premises. Whenever the word "premises" is used, it shall mean place or places.
When applied to intoxicating liquor, "premises" means that portion of any building in which a licensee under article II of chapter 3 has his place of business, and any additional building or portion thereof used in connection therewith, and the entire lot or lots, parcel or parcels of land on which such buildings are situated, or which are used in connection with such buildings.
When applied to nonintoxicating beer, "premises" means the entire building in which the licensee hereunder has his place of business, and any additional building used in connection therewith, and the entire lot or lots, parcel or parcels of land on which such buildings are situated, or which are used in connection with such buildings.
When applied to nonresidential buildings, "premises" means the platted lot or part thereof or unplatted lot or parcel of land either occupied or unoccupied by any building or structure.
Primary front yard. The front yard of a parcel of land having multiple front yards that lies in front of the primary structure. The front of the structure is defined by the location of the primary entry door and the building façade in which it is located. If a parcel of land only adjoins one right-of-way its only front yard is a primary front yard.
In situations where the primary structure is oriented on an angle toward an intersection such that it faces two front yards, the primary front yard shall extend between the lines that are the extension of the front building line of the primary structure in each direction to the points of intersection with the nearest right-of-way lines. The area between these lines shall be the primary front yard in this situation.
Private driveway, private parking lot, private property. For the purpose of subsection 15-5(b), "private driveway," "private parking lot" and "private property" mean any driveway, parking lot or property other than public streets and including any other driveway, parking lot or property, even if owned by a governmental entity.
Private road or driveway. The words "private road or driveway" mean 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.
Private roadway easement. The words "private roadway easement" mean a designated accessway for the servicing of and access to individual lots within a subdivision.
Promote. The word "promote" means to manufacture, issue, sell, provide, mail, deliver, transfer, transmute, publish, distribute, circulate, disseminate, present, exhibit, or advertise, or to offer or agree to do the same.
Proof of age means a driver's license or other generally accepted means of identification that contains a picture of the individual and appears on its face to be valid.
Property. The word "property" includes real and personal property.
As applied to abandoned vehicles, "property" means any real property within the city which is not a street or highway.
As applied to stealing, "property" means anything of value, whether real or personal, tangible or intangible, in possession or in action, and shall include but not be limited to the evidence of a debt actually executed but not delivered or issued as a valid instrument.
Protective headgear. The words "protective headgear" mean a safety helmet designed for wear by the rider and passenger of vehicles for the purpose of mitigating the effects of a blow on the head. Protective headgear may include motorcycle crash helmets, but shall not include such items as industrial or construction hardhats, baseball, football or other athletic headgear, or helmets designed for a purpose other than for protective headgear for riders and occupants of vehicles. Safety helmets shall be constructed essentially to the form of a shell around the head and shall be constructed to absorb impact energy. The shell shall begin above the eyes, covering the forehead, and be formed over or on top of the head above a plane level with the base of the shell covering the forehead. It may be formed around the back and sides of the head. The shell of safety helmets shall have a reasonably smooth external surface, and there shall be no external projection greater than one-eighth inch above the outer surface thereof, except a clip for goggles or face protector where provided for in the construction. Safety helmets shall be constructed of heavy plastic or other durable material that will not deteriorate appreciably when exposed to rain, snow, sleet, sun, cold, dust, vibrations, contact with the skin, effects of sweat or of products applied to the skin or hair, or with age. Safety helmets shall be equipped with a harness or chin strap for maintaining them in position on the wearer's head.
Provided. The word "provided" means any material furnished, supplied, paid for or under the control of the owner.
Public governmental body. The words "public governmental body" mean any legislative or administrative governmental entity created by the Constitution or statutes of this state by order or ordinance of any political subdivision or district, or by executive order, including any body, agency, board, bureau, council, commission, committee, board of regents or board of curators of any institution of higher education, supported in whole or in part from state funds; advisory committee or commission appointed by the governor by executive order, department, or division of the state; any political subdivision of the state, any county or any municipal government, school district or special purpose district; any other legislative or administrative governmental deliberative body under the direction of three or more elected or appointed members having rulemaking or quasijudicial power; any committee appointed by or under the direction or authority of any of the abovenamed entities and which is authorized to report to any of the above-named entities and any quasipublic governmental body.
Public hall. The words "public hall" mean a hall, corridor or passageway for egress from a dwelling not within the exclusive control of one family.
Public meeting. The words "public meeting" mean any meeting of a public governmental body subject to sections of this Code at which any public business is discussed, decided, or public policy formulated. The term "public meeting" shall not include an informal gathering of members of a public governmental body for ministerial or social purposes when there is no intent to avoid the purposes of such sections.
Public place. The term "public place" means any public street, park, cemetery, schoolyard, public library, municipal building or open space adjacent thereto or any building or area to which the public is expressly or impliedly invited.
Public record. As applied to chapter 2, article V, the words "public record" mean any record retained by or of any public governmental body including any report, survey, memorandum, or other document or study prepared and presented to the public governmental body by a consultant or other professional service paid for in whole or in part by public funds; provided, however, that personally identifiable student records maintained by public educational institutions shall be open for inspection by the parents, guardian or other custodian of students under the age of 18 years and by the parents, guardian or other custodian and the student if the student is over the age of 18 years.
Public vote. The words "public vote" mean any vote cast at any public meeting of any public governmental body.
Pup, puppy. The word "pup" or "puppy" means any domesticated member of the Canis familiaris species, male or female, under six months of age.
Real property. The term "real property" includes lands, tenements and hereditaments.
Recreational motor vehicle. The words "recreational motor vehicle" mean any motor vehicle designed, constructed or substantially modified so that it may be used and is used for the purpose of temporary housing quarters, including therein sleeping and eating facilities, which are either permanently attached to the motor vehicle or attached to a unit which is securely attached to the motor vehicle.
Recreational vehicle. The words "recreational vehicle" mean a vehicular-type unit primarily designed as temporary living quarters for recreational, camping or travel use, which either has its own motive power or is mounted on or drawn by another vehicle, including travel trailers, camping trailers, truck campers, motor homes, boats of any type, all-terrain vehicles and all equipment of a similar nature.
As applied to floodplain areas, "recreational vehicle" means a vehicle which is:
(1)
Built on a single chassis;
(2)
Four hundred 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; and
(4)
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.
Refuse. The word "refuse" means all putrescible and nonputrescible solid and/or liquid waste including ashes, street cleanings, dead animals, excrement, abandoned vehicles, abandoned machinery, vehicle and machinery components, industrial wastes, junk, brush, debris, leaves, clippings, stone, wood, rubble, construction debris, rock, plaster, broken concrete, building materials, paper, cardboard, metal, glass, crockery and similar materials, but not including compost.
Regularly parked overnight. For the purposes of section 15-263, the words "regularly parked overnight" mean two consecutive periods of at least six hours each, between the time of 6:00 p.m. and 6:00 a.m.
Rental service store. The words "rental service store" mean a building or portion thereof used for the rental of tools, equipment, furniture and other items.
Repair. As applied to the housing code, the word "repair" means to restore to a sound and acceptable state of operation, serviceability or appearance. Repairs shall be expected to last approximately as long as would the replacement by new items.
Replace. As applied to the housing code, the word "replace" means to remove an existing item or portion of a system and to construct or install a new item of similar or improved quality as the existing item when new. Replacement will ordinarily take place when the item is incapable of repair.
Residence. The term "residence" means the place adopted by a person as his place of habitation and to which, whenever he is absent, he has the intention of returning. When a person eats at one place and sleeps at another, the place where such person sleeps shall be deemed his residence.
Restaurant. The word "restaurant" means any place of business, the main purpose and activity of which is to serve meals, sandwiches, short orders and other food to be eaten by its customers on the premises and which does not provide or furnish to the public lodging or sleeping rooms.
Restaurant bar. The words "restaurant bar" mean any establishment having a restaurant or similar facility on the premises at least 50 percent of the gross income of which is derived from the sale of prepared meals or food consumed on such premises or which has an annual gross income of at least $275,000.00 from the sale of prepared meals or foods consumed on such premises.
Restraint. A dog, cat or any other animal off the premises of its owner's real property is under restraint for the purpose of chapter 5, Animals and fowl, if:
(1)
It is controlled by a line or leash not more than six feet in length when such line or leash is held by a competent person; or
(2)
It is within an enclosed vehicle which is parked, stopped or being driven.
Right-of-way. The term "right-of-way" means the right of one 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. The word "roadway" means 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 or more separate roadways the term "roadway" as used herein shall refer to any such roadway separately but not to all such roadways collectively.
Rolling papers means paper designed, manufactured, marketed or sold for use primarily as a wrapping or enclosure for tobacco, which enables a person to roll loose tobacco into a smokable cigarette.
Rooming unit. The words "rooming unit" mean any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.
Sadomasochistic abuse. The words "sadomasochistic abuse" mean flagellation or torture by or upon a person as an act of sexual stimulation or gratification.
Safety zone. The words "safety zone" mean 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.
Sale by drink. The words "sale by drink" mean the sale of any intoxicating liquor, except malt liquor, in the original package in any quantity less than 50 milliliters.
Sample for the purposes of section 17-63 and section 17-64 means a tobacco product distributed to members of the general public or tobacco product samples.
Sampling for the purposes of section 17-63, means the distribution to members of the general public of tobacco product samples.
Satellite earth station. The words "satellite earth station" refer to antennas designed to receive electromagnetic wave energy relayed by earth-orbiting satellites.
School zone. The words "school zone" mean a space in any highway, road or street lawfully designated by ordinance for the safety of persons going to and returning from public, private or parochial schools.
Seal. Whenever the word "seal" is used, it means the city or corporate seal.
Secondary dwelling unit. Any dwelling unit which is built or otherwise created within an existing building or portion thereof or on a parcel of land and within or upon which another use or activity is in place and authorized by the provisions of the zoning district in which it is located. Secondary dwelling units are incidental and secondary to the primary use or activity conducted on the premises.
Secondary front yard. Any front yard or portion thereof on any parcel of land that is not a primary front yard.
Self-service laundry. The words "self-service laundry" mean a building or portion thereof equipped with coin-operated, automatic-type laundry and/or dry cleaning machines, drying machines and ironing machines of the ordinary home type.
Services. As applied to stealing, the word "services" includes transportation, telephone, electricity, gas, water or other public service, accommodation in hotels, restaurants or elsewhere, admission to exhibitions and use of vehicles.
Set of seat safety belts. The words "set of seat safety belts" mean a combination of belts, buckle and brackets meeting SAE J-4 or higher standards.
Sewage. The word "sewage" means any waterborne waste, industrial waste or human excrement which may exist or accumulate on any premises.
Sewage treatment plant. The words "sewage treatment plant" mean any works or devices for treatment of sewage.
Sewer. The word "sewer" means any public, semipublic or private lateral or main sewer, constructed in a street, alley, place or right-of-way, exclusive of a building or industrial connection sewer.
Sewerage system. The words "sewerage system" mean any sewage treatment facility, sewer, appurtenance, equipment or any combination thereof used or intended to be used for the purpose of conveying, treating or disposing of any wastewater, industrial waste or human excrement accumulating on any premises; provided, such term shall not include "building sewer" as defined in the plumbing code.
Sexual conduct. The words "sexual conduct" mean actual or simulated, normal or perverted acts of human masturbation; deviate sexual intercourse; sexual intercourse; or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or the breast of a female in an act of apparent sexual stimulation or gratification or any sadomasochistic abuse or acts including animals or any latent objects in an act of apparent sexual stimulation or gratification.
Sexual excitement. The words "sexual excitement" mean the condition of human male or female genitals when in a state of sexual stimulation or arousal.
Shall. The word "shall" is always mandatory and not merely directory.
Shopping plaza, shopping center. The words "shopping plaza" and "shopping center" mean a tract of ground occupied by two or more businesses or commercial entities.
Sidewalk. The word "sidewalk" means any portion of a street between the curbline and the adjacent property line, intended for the use of pedestrians, excluding parkways.
As applied to motor vehicle and traffic regulations, sidewalk means that portion of a street between the curblines, or the lateral lines of a roadway and the adjacent property lines, intended for use of pedestrians.
Sign. The word "sign" means a device that utilizes any letter, word, model, design, light, sound, tactile expression, representation, name, identification, description, display, projection, or illustration by which anything is made known and/or which is intended to communicate a message or idea which directs attention to an object, product, place, activity, person, institution, organization, idea or business. However, the definition of a sign shall not include the flag of the United States of America, the State of Missouri, other states or foreign countries; provided however, such flags shall not exceed five feet by eight feet and no more than four may be displayed at any location. The definition of a sign also shall not include any display of official court or public office notices, nor shall "sign" include any letter, name, word, display, model, design, device, representation, identification, description or illustration located completely within an enclosed building.
Sign area. The words "sign area" mean the total area of the space to be used for message 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. Sign supports shall be excluded in determining the area of a sign. Both faces of a multiple-faced sign shall be considered part of and count toward the sign area of such sign.
Sign, attached. The words "attached sign" mean a wall sign or projecting sign attached to a building wall or the generally vertical plane of a mansard- type roof.
Sign, construction. The words "construction sign" mean a sign placed or erected on a construction site during the period of a valid construction permit.
Sign, directional/informational. The words "directional/informational sign" mean a sign which indicates a direction or provides information for vehicular or pedestrian traffic or other movement information not related to advertising.
Sign, directory. The words "directory sign" means a sign erected on a property or development with multiple users and containing locations for the placement of multiple smaller signs for the potential utilization of the multiple users on the site.
Sign face. The words "sign face " mean any surface of a sign upon, against or through which the message is displayed, including any structural element or trim, which displays or upon which is displayed any message or portion of the sign's message provided that the edges, or thickness, of a sign shall not be counted as a separate sign face unless a message is conveyed thereon.
Sign facing or surface. The words "sign facing or surface" mean any surface of a sign upon, against or through which the advertising message is displayed or illustrated on the sign, including structural trim, which displays or upon which is displayed any color, message, name or symbol of any kind for the purpose of advertising, announcing, directing or attracting attention from the outside of a building and which can be seen from a single location on an adjacent street, provided that the ends, or thickness, of a sign shall not be counted as a separate sign face unless an advertising message is conveyed thereon.
Sign, flashing. The words "flashing sign" mean a sign on which emitted or reflected light is not steady or consistent in intensity and color at all times. Signs meeting the definition of dynamic display signs are not flashing signs.
Sign, fluttering. The words "fluttering sign" mean a sign which flutters and moves with the wind or by some artificial means and includes but is not limited to pennants, banners, flags or other devices made of flexible fabrics and loosely attached hanging material.
Sign, ground. The words "ground sign" mean any detached sign mounted on the ground.
Sign, hanging. The words "hanging sign" mean any sign attached firmly to and hanging entirely beneath a canopy, portico or marquee, or similar structure.
Sign, institutional or governmental. The words "institutional or governmental sign" mean a sign erected at an institutional or government facility.
Sign, marquee, canopy or awning. The words "marquee, canopy or awning sign" mean a sign part of attached to illustrated or projected on a marquee, canopy, or awning respectively.
Sign, moveable. The words "moveable sign" mean a sign which is not permanently affixed to a structure or the ground and can easily be moved from one location to another.
Sign, moving. The words "moving sign" mean a sign, all or any part of which moves by any means. Such sign includes a fluttering sign.
Sign, nonconforming. The words "nonconforming sign" mean a sign legally erected under any previously existing ordinances of the city which does not conform to the provisions of chapter 22, Signs.
Sign, onsite informational. The words "onsite informational sign" mean an informational sign located on a commercial, institutional, governmental, or other similar site which gives parking, fire protection, traffic flow (other than directional signs), height clearance, pedestrian, or other similar information and which does not advertise the business or use located on the site.
Sign, political. The words "political sign" mean a temporary sign advocating or opposing any political proposition or candidate for public office.
Sign, post. The words "post sign" mean any detached sign which is supported by one or more posts.
Sign, projecting. The words "projecting sign" mean any sign which projects more than 12 inches beyond the plane of the generally vertical surface on which the sign is erected or attached.
Sign, reader board. The words "reader board sign" mean any permanent sign upon which a changeable message may be placed by physically removing and replacing the sign or its components.
Sign, real estate. A ground or wall sign temporarily located on a piece of real estate while that real estate is available for sale or development.
Sign, roof. The words "roof sign" mean any sign erected on a roof. For the purposes of chapter 22, signs, signs erected on top of a marquee, portico, canopy or similar structure shall be considered roof signs. Signs erected on the generally vertical plane of a mansard or similar style roof shall not be considered roof signs.
Sign structure. The words "sign structure" mean the sign and all parts associated with its construction or support.
Sign, subdivision. The words "subdivision sign" mean a sign erected at the entrance to a residential subdivision or residential development.
Sign supports. The words "sign supports" mean all structures and trim by which a sign is held in position and displayed, including, for example, poles, braces, guys and anchors. All such supports shall be considered part of the sign as defined in this section.
Sign, temporary. The words "temporary sign" mean any sign intended for a limited period of display which is determined and established as a part of the process of issuing a temporary sign permit.
Sign, wall. The words "wall sign" mean a sign erected or attached against the wall of any building or against the generally vertical plane of a mansard-type roof with the plane for the sign face parallel to the plane of the wall below the roof line.
Signature, subscription. The "signature" or "subscription" of a person shall include a mark when the person cannot write.
Single-family dwelling district. A type of zoning district intended primarily for residential uses and activities in which no more than one dwelling unit may be erected or maintained on a single parcel of land.
Smoking. As applied to section 17-65, "Smoking" means inhaling, exhaling, burning or carrying any lighted cigar, cigarette, pipe, weed, plant, or other combustible substance in any manner or in any form.
Solicitor. The word "solicitor" means any individual:
(1)
Traveling by foot, wagon, automobile, motor truck, or any type of conveyance from house to house, or place to place; or
(2)
Soliciting property or financial assistance of any kind; or
(3)
Selling or offering for sale any article, tag, service, emblem, publication or ticket; or
(4)
Taking or attempting to take orders for the sale of goods, wares, books, charts, maps, magazines or other merchandise for future delivery, or for services to be furnished or performed then or in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether he collects advance payments on such sales or not. Provided, however, that the provisions of sections 14-3—14-7 shall not apply to salesmen soliciting orders from or selling to retail dealers for resale, wholesalers and manufacturers for manufacturing purposes; or to bidders for public works or supplies. The term "solicitor" shall include a "canvasser", "peddler", "hawker", "handbiller" and "salesman", but shall not include the following:
a.
Any candidate that has filed for election to a public office; or
b.
A volunteer solicitor that is also a member of such organization, conducting such activities for a nonprofit or charitable organization recognized as such by the Internal Revenue Service, the Better Business Bureau of St. Louis or any other recognized charitable screening organization.
Solid tires. The words "solid tires" mean tires of rubber or other resilient material, other than pneumatic tires.
Solid waste. The words "solid waste" mean waste in a solid or semisolid state, but not including hazardous waste or special waste.
Special event. The words "special event" mean: A planned event, activity or temporary grouping of people in any zoning district that deviates from the normal land use that occurs on the site on city, public, or privately owned property, and interferes with the normal flow or regulation of pedestrian traffic, vehicular traffic, or parking in any manner. This shall also include any event, activity or temporary grouping of people which will require special city services which include, but are not limited to, provision of barricades, signage, special traffic or parking arrangements, and/or special police services or protections.
(1)
Examples of special events include but are not limited to: parades, bicycle races, fairs, outdoor music performances/concerts including events with DJs and live bands, craft fairs, block/neighborhood parties, carnivals, shows, outdoor cultural/community events, fund-raisers, organized run/walks, exhibitions, public speaking events, and/or sales and promotions.
Special waste. The words "special waste" mean waste that is declared by the county or the state department of natural resources to be nonhazardous but requiring handling other than normally used for waste, such as sludge.
Speed limit. The words "speed limit" mean the maximum speed as prescribed by ordinance within a zone determined and indicated with numerical signs or markings designating such speeds, travel in excess of which is unlawful under chapter 15.
Sports arenas. As applied to section 17-65, "sports arenas" means any indoor or outdoor athletic fields, sports pavilions, stadiums, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys, and other similar places where members of the general public assemble to engage in physical exercise, participate in athletic competition, or witness sports or other events.
Stable, private. The words "private stable" mean a stable with a capacity of not more than two horses or mules.
Stadium. The word "stadium" means a fully or partially enclosed facility intended for the play of baseball, football, soccer and similar games, and having all or a portion of the playing area covered by a permanent structure.
Stand or standing. As applied to chapter 15, Motor vehicles and traffic, the word "stand" or "standing" means the halting of a vehicle, whether occupied or not, otherwise than for the purpose of and while actually engaged in receiving or discharging passengers.
Start of construction. The words "start of construction" (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348)) include substantial improvements and mean that the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either 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, footing, 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. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
State. The words "the state" or "this state" shall be construed to mean the State of Missouri.
Stop. The word "stop," when required, means complete cessation from movement.
Stop, stopping. The word "stop" or "stopping," when prohibited, means 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, as otherwise provided in chapter 15, Motor vehicles and traffic.
Stormwater. The word "stormwater" means any water resulting from precipitation mixed with the accumulation of dirt, soil and other debris or substances collected from the surfaces on which such precipitation falls or flows.
Story. The word "story" means 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 is no floor above it, then the space between the floor and the ceiling next above it.
Story, half. The words "half story" mean a space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level, and in which space not more than two-thirds of the floor area is finished off for use. A half story containing independent apartments or living quarters or used for any office or commercial purpose shall be considered as a full story.
Street line. The words "street line" mean the dividing line between a lot, tract or parcel of land and the right-of-way of a contiguous street.
Street, road, highway or alley. The word "street," "road," "highway," or "alley" means the entire length and width of any way, place, right-of-way, easement or thoroughfare, including state and county roads, bridges and highways, open for vehicular traffic or movement by the traveling public, regardless of whether it has been legally established by constituted authority or by use for the statutory period of time as a public highway. The word "street" shall be construed to embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts and all other public highways in the city.
As applied to zoning, "street" means all property dedicated or intended for public or private street, highway, freeway, or roadway purposes or subject to public easements therefor.
Structural alteration. The words "structural alteration" mean 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, not including, however, changes in doors or windows or alterations which affect primarily the appearance and not the life of the structure.
Structural trim. The words "structural trim" mean the molding, battens, cappings, nailing strips, latticing and platforms which are attached to a sign structure.
Structure. The word "structure" means anything constructed or erected which requires location on the ground or is attached to something having location on the ground, including a fence or freestanding wall. A sign, billboard or other advertising medium, detached or projecting, shall be construed to be a structure.
As applied to the flood hazard provisions, "structure" means 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.
As applied to zoning, "structure" means anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground, including, but not limiting the generality of the foregoing, advertising signs, billboards, fences, backstops or tennis courts, and pergolas.
Subdivision of land. The words "subdivision of land" mean:
(1)
The division of land into two or more tracts, sites, parcels or lots where one or more of the parcels are of three acres or less in area.
(2)
The division of land into tracts of more than three acres where the proposed lot frontage on a roadway is less than 300 feet.
(3)
Dedication or establishment of a road, highway or street through a tract of land regardless of area.
(4)
Resubdivisions of land heretofore divided or platted into lots, sites or parcels, containing one acre or more or a total area of one acre or more.
Substandard. The word "substandard" is applicable to all buildings used for purposes of human habitation which do not conform to the minimum standards established by the housing code and by any other provision of this Code or other ordinances.
Substantial damage. The words "substantial damage" mean damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
Substantial improvement. The words "substantial improvement" mean any reconstruction, rehabilitation, addition or other improvement of a structure, the cost or which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term 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."
Substantial interest. The words "substantial interest" mean ownership by the individual or any member of his immediate family, directly or indirectly, of ten percent or more of any business entity.
Supplied. The word "supplied" means paid for, furnished or provided by or under the control of the owner or operator.
Swimming pool. The words "swimming pool," as applied to public and semipublic pools, means an artificial pool of water, wading pool or spray pool, and auxiliary structures including dressing and locker rooms, toilets, showers and other areas and enclosures that are intended for the use of persons using the pool; but do not include pools and auxiliary structures and equipment at single-family private residences intended only for the use of the owner or lessee, his family and his private guests.
As applied to family pools, "swimming pool" means an artificial or semiartificial receptacle or other container, whether located indoors or outdoors, above the ground or in the ground, for water, having a depth of or in excess of 24 inches at any point or with a surface area exceeding 250 square feet, used or intended to be used for swimming or bathing including all structures, appurtenances, equipment, appliances and other facilities appurtenant to and intended for the operation and maintenance of a swimming pool.
Tamper. As applied to fire hydrants, the word "tamper" means and includes, but not be limited to, the removal of the cap or any other part of such device; the insertion of any object or material into such device; the application of any wrench, tool, implement or other object or material to such device; the attachment of a hose or any other instrument to such device; and/or the use of such device in any fashion so as to permit water to flow therefrom.
Taxicab. The word "taxicab" means a motor vehicle other than a bus offered for or engaged in carrying passengers for hire.
Temporary housing. The words "temporary housing" mean any tent, trailer or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure or to any utilities system on the same premises for more than 30 consecutive days.
Tenant, occupant. The word "tenant" or "occupant," applied to a building or land, includes any person holding a written or oral lease or who occupies the whole or a part of such buildings or lands, either alone or with others.
Tense. Words used in the past or present tense include the future as well as the past and present.
Through highway, road or street. The words "through highway, road or street" mean every highway, road or street or portion thereof on which vehicular traffic is given preferential right-of-way, and at the entrances to which vehicular traffic from intersecting highways, roads or streets is required by law to yield the right-of-way to vehicles on such through highways, roads or streets, in obedience to either a stop sign or a yield sign when such signs are erected as provided in chapter 15, Motor vehicles and traffic.
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.
Title of officer, etc. Whenever the title of an officer, department, board or commission is given it shall be construed as though the words "of the City of Ballwin" were added.
Tobacco products means any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco or dipping tobacco.
Total and permanent disability. As applied to the police pension trust, the words "total and permanent disability" mean a physical or mental condition of a participant in the police pension plan resulting from a bodily injury or disease or mental disorder which renders him incapable of continuing in gainful employment.
Tourist or trailer camp. The words "tourist or trailer camp" mean an area containing one or more structures designed or intended to be used as living facilities of two or more families and intended primarily for automobile transients or providing spaces where two or more tents or auto trailers can be parked.
Tractor. The word "tractor" means any motor vehicle designed primarily for agricultural use or used as a traveling power plant or for drawing other vehicles or farm or road building implements and having no provision for carrying loads independently.
Traffic. The word "traffic" means pedestrians, ridden or herded animals, bicycles, vehicles, streetcars and other conveyances either singly or together, while using any highway, road or street for purposes of travel.
Traffic control device. The words "traffic control device" mean all signs, signals, markings, intersection lighting and devices not inconsistent with this Code, placed or erected by authority of a public body or official having jurisdiction for the purpose of directing, regulating, warning or guiding traffic.
Traffic control signal. The words "traffic control signal" mean any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to proceed.
Traffic lane. The words "traffic lane" mean a way open to the use of the public for the purpose of providing access to parking spaces from a driveway or entrance drive.
Trailer. The word "trailer" means any vehicle without motive power designed for carrying property or passengers on its own structure and being drawn by a self-propelled vehicle or other means; and/or a structure used for living, sleeping, business and/or storage purposes and having no foundation other than wheels, blocks, skids, jacks, support horses, or skirting and which is, has been, or reasonably can be equipped with wheels or other devices for transporting the structure from place to place whether by motive power or other means. The term "trailer" includes, without limitation, utility trailer, camp car, house car and semitrailer or vehicle of the trailer type so designed and used in conjunction with a means of motive power or self-propelled vehicle such that at least part of the trailer and/or the trailer's connection is carried by means of motive power or the towing vehicle, but does not include vehicles running exclusively on tracks.
Transportation company. The words "transportation company" mean any individual or individuals, or incorporated or unincorporated company, engaged in the business of transportation for hire of goods and merchandise by use or means of any vessel, railroad car, motor vehicle, airplane or other means of conveyance whatsoever, to whom or to which any of the provisions of this Code applies or may apply.
Trash hauler. The words "trash hauler" shall mean any person, business, company or entity collecting, removing, disposing, hauling or otherwise transporting garbage or rubbish from any premises or on any roadway within Ballwin.
Travel trailer. The words "travel trailer" mean a vehicular portable unit, mounted on wheels, of such a size or weight as not to require special highway movement permits when drawn by a motorized vehicle, primarily designed and constructed to provide temporary living quarters for recreational, camping or travel use, with a body width of no more than eight feet and a body length of no more than 32 feet when factory equipped for the road.
Trees, street. Trees and woody shrubs in excess of 30 inches in height growing or located on land lying within the right-of-way lines, on either side of all city streets, avenues or ways within the city.
Trees, park. Trees and woody vegetation growing or located within all public parks, and other properties owned by the city.
Trespass. The word "trespass," as applied to golf courses, means playing golf without having in possession a valid greens fee receipt or permit, and horseback riding at any time, as well as walking, jogging or running upon any city-owned or city-operated golf course during the hours established for its operation by the board of aldermen or at such time as the course is used for play for city-authorized tournaments, league play or special events; provided, however, that persons walking, jogging or running shall not cut across any tee or green at any time.
Truck camper. The words "truck camper" mean a portable unit designed to be loaded onto, or affixed to, the bed or chassis of a truck and constructed to provide temporary living quarters for recreational, camping or travel use. Truck campers shall include:
(1)
Slide-in campers defined as a portable unit designed to be loaded onto and unloaded from the bed of a pickup truck, constructed to provide temporary living quarters for recreational, travel or camping use; and
(2)
Chassis-mount campers defined as a portable unit designed to be affixed to a truck chassis, and constructed to provide temporary living quarters for recreational, travel or camping use.
Undertaking establishment . As applied to zoning, the term "undertaking establishment" means a business which prepares the human dead for burial and/or cremation and arranges and manages funerals, including not more than two crematory retorts associated with the particular location of the business.
Useable open area. The words "useable open area" mean an open and unobstructed space having an area of at least 6,000 square feet. The smallest dimension shall be no less than 40 linear feet. A useable open area may have no slope in excess of six percent.
Utility trailer. The term "utility trailer" means a vehicular structure or device built on a chassis or frame designed to be towed or drawn by a motor vehicle or other means and/or a "trailer" as defined herein above.
Vaccinate. For the purposes of chapter 5, Animals and fowl, the word "vaccinate" means the injection by a veterinarian or his authorized agent of a specified dose of antirabies vaccine into the body of a dog, such vaccine having the U.S. government license number approval stamped on the label of the vaccine container and having been approved by the health commissioner. Vaccine used for the vaccination of dogs shall be stored and kept under conditions proper for the vaccine and shall show no signs of spoilage or otherwise be unfit for producing immunity against rabies.
Vaccination-registration. For the purposes of chapter 5, Animals and fowl, the term "vaccination-registration" means the procedure of vaccinating for rabies and issuing an identification number and an appropriate certificate under the county rabies control code. The above words shall be interchangeable.
Value. As applied to stealing, the word "value" means the market value of the property at the time and place of the crime, or if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the crime.
Variance. The word "variance" means a grant of relief to a person from the requirements of the flood hazard ordinance which permits construction in a manner otherwise prohibited by such ordinance where specific enforcement would result in unnecessary hardship.
Vehicle. The word "vehicle" means any mechanical device for carrying, working on or transporting something.
Vending machine for the purposes of sections 17-63 and 17-64 means any mechanical, electric or electronic self-service device that, upon insertion of money, tokens or any other form of payment, dispenses tobacco products.
Veterinarian. The word "veterinarian" means any person holding a current Missouri license as a veterinarian and operating on a participating basis with the health department, as required by the county rabies control code.
Weeds. The word "weeds" includes all rank vegetable growth including trees and shrubs as specified in section 29-1(b).
Week. The word "week" means seven days.
Wholesaler. For the purposes of section 3-196 et seq., the word "wholesaler" means a person who exposes for sale or makes one or more sales for resale of intoxicating liquor within the limits of the city, or who conducts a business of exposing for sale or selling intoxicating liquor for resale from an established place of business within the limits of the city.
Written, in writing. The term "written" or "in writing" includes any representation of words, letters or figures, whether by printing or otherwise.
Yard. As applied to the housing code, the word "yard" means an open space at grade on the same lot as a building or structure located between the main building and the adjoining lot line, and/or street line. The measurement of a yard shall be the minimum horizontal distance between the lot line and the building or structure.
As applied to zoning, "yard" means an open space, other than a court, 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 the zoning ordinance. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard, or the depth of a rear yard, the minimum horizontal distance between the lot line and the nearest portion of the main building shall be used.
Yard, front. As applied to zoning, the words "front yard" means a yard extending across the front of a lot between the side lot lines and being the minimum horizontal distance between the street line and the main building or any projection thereto, other than steps, uncovered balconies, uncovered porches and terraces, including primary and secondary front yards, as defined in this section.
Yard, rear. As applied to zoning, the words "rear yard" mean a yard extending across the rear of a lot, measured between the side lot lines and being a minimum horizontal distance between the rear lot line and the rear of the main building or any projections, other than steps, uncovered (1) balconies, (2) porches, (3) decks, (4) patios, or (5) terraces. Rear yard shall, in all cases, be at the opposite end of the lot from the front yard. In the case of steps, uncovered (1) balconies, (2) porches, (3) patios, (4) decks, or (5) terraces, there shall be at least ten feet between such uncovered structure and the property line, and at least 20 feet between such uncovered structure and any other structure or building on adjacent property.
Yard, side. As applied to zoning, the words "side yard" mean a yard between the building and the sideline of the lot and extending from the front yard line to the required rear yard, being the minimum horizontal distance between a side lot line and the side of the main building or any projections thereto.
Year. The word "year" shall mean a calendar year.
Year of service. The words "year of service," as applied to the police pension plan, mean a plan year during which the employee has accrued not less than 1,000 hours of service for the employer or a plan year during which the employee has failed to accrue 1,000 or more hours of service solely due to an authorized leave of absence.
Zoning ordinance. The words "zoning ordinance" mean the zoning ordinance of the city and/or article IV of chapter 6 of this Code and the current district map related thereto.
(Code 1973, §§ 1-2, 2-4, 2-32, 2-260, 2-410, 3-17, 3-38, 3-44, 3-67, 3-84, 5-1, 5-13, 5-55, 6-81, 6-105, 6-151, 6-172, 10-1, 10½-1, 12-5, 12-102, 13-4, 13-13, 13-66, 13-113, 13-199, 14-2, 14-15, 14-97, 14-126, 14-156, 14-204, 14-205, 14-211, 14-296, 16-9, 16-43, 16-47, 16-48, 16-49(a), 16-62, 16-64, 17-55, 17-102, 19-185, 20-3, 21-1, 23-1, 24-16, 24-46, 26-1, 27-1, app. A, art. I, § 3, art. XIIA, § 11, art. XIV, § 1, art. XV, § 1, art. XVI, § 25, art. XIX, § 1; app. B, art. II, § 1; Ord. No. 2153, § 1(16-100), 3-11-91; Ord. No. 2159, §§ 1, 2, 4-22-91; Ord. No. 2417, § 1, 12-12-94; Ord. No. 2418, § 1, 12-12-94; Ord. No. 2423, § 1, 1-23-95; Ord. No. 2437, § 2, 4-10-95; Ord. No. 2474, § 1, 10-9-95; Ord. No. 2530, § 1, 7-8-96; Ord. No. 2536, § 3, 8-12-96; Ord. No. 2544, § 1, 9-9-96; Ord. No. 2595, § 1, 4-28-97; Ord. No. 2651, § 1, 11-10-97; Ord. No. 2661, § 4, 1-26-98; Ord. No. 99-26, § 1, 5-24-99; Ord. No. 00-49, § 1, 9-25-00; Ord. No. 01-09, § 1, 1-22-01; Ord. No. 01-41, § 1, 6-11-01; Ord. No. 02-13, § 1, 2-11-02; Ord. No. 03-57, § 1, 10-27-03; Ord. No. 03-61, § 1, 10-27-03; Ord. No. 04-07, § 1, 1-26-04; Ord. No. 04-24, § 1, 6-14-04; Ord. No. 04-37, § 1, 9-13-04; Ord. No. 05-01, § 1.A.—K., 1-10-05; Ord. No. 05-23, § 1, 5-9-05; Ord. No. 05-25, § 1, 5-23-05; Ord. No. 05-38, § 1, 8-22-05; Ord. No. 05-42, § 1, 9-26-05; Ord. No. 09-26, § 1, 8-24-09; Ord. No. 11-02, § 1, 1-10-11; Ord. No. 11-09, § 1, 2-28-11; Ord. No. 12-06, § 1, 1-23-12; Ord. No. 12-25, § 1, 5-14-12; Ord. No. 13-12, § 1, 4-22-13, eff. 6-1-13; Ord. No. 14-30, § 2, 10-27-14; Ord. No. 14-32, § 1, 10-27-14; Ord. No. 16-18, § 2, 5-9-16; Ord. No. 18-05, § 2, 4-23-18)
State law reference
Definitions, rules of construction, etc., generally, RSMo 1.020 et seq.; definitions relating to traffic, RSMo 300.010; definitions relating to alcoholic beverages, RSMo 311.020, 311.030, 311.097, 311.100, 311.200(2); definitions relating to nonintoxicating beer, RSMo 312.010.